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HomeMy WebLinkAbout1982 CC Minutes lOt City Council meeting January 12, 1982 Page 2 The Redevelopment Agency/City Council meeting adjourned at 7:45 P.M. At this time Councilman Baldwin introduced a Study Program Junion High School Student, Scott Jessup. Scott, for his civics class, will comprehend and re- port this nights meeting. CONSENT CALENDAR ,- Motion Councilman Torn second Councilman Baldwin to approve the following on a 5-0 vote. Approved: 5-0. <:T x:. 7. ('-.. ""':) 8. ~ 0 9. 10. 11. 13. 14. 15. 2. General DemaHd - Debember 31,; 1981. 3. Montly Report of Cash Balances, Receipts, and Disbursements for month of November, 1981. 4. Animal Control Report of Activity, October, November and December, 1981. 5. Set for Public Hearing - 2/8/82 a. General Plan Amendment 81-2 b. Zone Change 81-6 c. Conditional Use Permit 81-21 d. Conditional Use Permit 81-22 Demolition Debris Clearance Project: 1980 Flood Disaster. Business License Application for Jewelry and Loan Shop: Stater Bros. Shopping Center/Ben Banks. Monthly Report - December, 1981: Code Enforcement'Officer and Fire Safety/ Housing Inspector. Employees Medical and Life Insurance Program - Status Report. Criminal Prosecution. Vacation of portion of Riley Street and certain Alleys: Resolution of Intent: Resolution 82-3, Local Agency Investment Fund: Resolution 82-4. Community Development Corporation Request for Loan from City. - , Item #1. Councilman Unsworth requests within the May 12, 1981, page #2 the discussion of TTM 17413, access from Newport Road was discussed, be changed from the"access from Railroad Canyon Road was discussed". With that correction, motion Councilman Torn second Councilman Baldwin to approve the minutes of December 22, 1981 and May 12, 1981. Approved 5-0. Item #6. Bernie Brownstein: 202 N. Riley Street. City Attorney Porter re- ported that no claim has been received. Applicant is instructed to contact his attorney for filing of claim with Attorney Porter for proposed damages. No action is taken. Item #12. Vacation of Poe Street; Resolution of Intention: Resolution 82-2. City Engineer Kicak presented Resolution with an insertion/addition to the proposed resolution to read: "that portion of Poe Street AND THE ALLEY located between. . ., State of California". with the insertion/addition, motion Councilman Baldwin second Councilman Unsworth to approve Resolution 82-2. Approved: 5-0. PUBLIC HEARINGS ,.-.. Item #31. Zone Change 81-7: Elimination of Comulative Zoning: Ordinance. Director Morrissey gave presentation of revisions to zoning ordinance and elimination of cululative zoning. At this time City Manager Rede requested Council to hear testimony but table or continue this matter to a later date due to technicalities on advertisement. Mayor Stewart opened the Public Hearing at 7:57 P.M. Present to speak in opposition was: John Empson, (presentation of 19 signed requests to deny, delay or postpone the adoption of eliminating cumulative zoning), Charles DeMore', E.J. Carter, Don Vickers, Dale Eve, David Flannery, Danny Vale and Christy Heck. Present to speak in favor was: Pat Dunnon and Fay Johnson. With no further testimony, the Public Hearing was closed at 8:18 P.M. Discussion was held to effects of the proposed Ordinance. Motion Councilman Baldwin second Councilman Torn to continue this Public Hearing to February 9, 1982. Approved to continue: 5-0. Item #32. Revisions to Tentative Tract Map 17413: Canyon Lake Hills: A.B.C. Heritage. Director Morrissey gave brief presentation and discussed the revisions made at Study Session previously held. Wesley Highland, representative of TTM 17413 was present. The Public Hearing was opened at 8:26 P.M. Discussion was held to condition #7, inserting "Collecting Agency" and Homeowners 102 City Council meeting January 12, 1982 Page 2 Item No. 31 (con't) Association(s). The Public Hearing was closed at 8:29 P.M. Discussion also included: School and fire station sites being included within the tentative map as numbered lots, possibilities of sanitation land fill site, requiring blacktop on Greenwald Avenue in lieu of graded road for emergency vehicle access, variances necessary due to violations of adopted City Ordinances, type'o within the recommendations, water pressure level to be established as a minimum guarantee from servicing district, time lines of the tentative map for proceeding in compliance of the Subdivision Map Act to either a) continue this map to a later date when the revisions are set or; b) deny without predjuice and the applicant file for another map. Proposed Hillside Planned Development and Grading Ordinances, restriction of no gates to be inserted, Attorney Porter's opinion on placing restrictions of proposed Ordinances upon this tentative map, and study session to be held with other agencies concerning this map were also discussed. - At 9:36 P.M. the chair called for a recess. City Council reconvened at 9:57 P.M. After discussing the necessary revisions, City Manager Rede advised the Council of the Applicants wishes to table this tentative map until the next regular scheduled Council meeting (January 26,1982). Engineer, Wesley Highland re- quested a continuance, and also a desire to receive approvals for waiver of all fees for variance processing. Motion Councilman Baldwin second Council- man Torn, applicant to request a continuance to January 26, 1982. Continuance approved: 5-0. Applicant then questioned the variance and waiver of all fees. Councilman Torn explained staff time and costs to the City for processing, and a waiver of costs would not be appropriate due to consessions that are being made to original contract, at the applicants request. Applicant was so informed. Applicant was also advised Of the scheduled study session with the School Board and County and was encouraged to attend. PLANNING COMMISSION Item #41. Covenants, Conditions and Restrictions. Director Morrissey gave presentation. Motion Councilman Baldwin second Council- man Torn to approve coveants, conditions and restructions as proposed. Approved as proposed 5-0. ..." Item #42. Hillside Planned Development Ordinance. Presentation was given by Director Morrissey and recommendation thereof to adopt the Hillside Planned Development Ordinance, a finding of no significant impact upon the environment and issuance of a negative declaration. Also Director Morrissey introduced a modify section 17.30.060(c) of the Hillside Planned Development Ordinance to read: "All native vegetation on property will be allowed to remain. If trees or ground cover are added they shall conform to the following requirements: 1) All ground cover within 10 feet of the structure shall not be more than three (3) feet in height. 2) Beyond this distance landscaping will be allowed to increase two (2) feet in height for each additional linear foot beyond the 10 foot boundary line established above." Motion Councilman Baldwin second Councilman Torn to read the Ordinance by title only. Deputy so read. Motion Councilman Torn second Councilman Unsworth to approve Hillside Planned Development Ordinance with modifications and duly carried, 5-0 on the following roll call vote: (1st reading) Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin Aye Councilman MacMurray Aye Mayor stewart Aye Approved: 5-0. Item #43. Condominium Ordinance. Motion Councilman Baldwin second Councilman Torn to read ordinance by title only. Deputy so read. Motion Councilman Torn second Councilman Unsworth to approve Condominium Ordinance and duly carried, 5-0 on the following roll call vote: (1st reading) Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin Aye Councilman MacMurray Aye Mayor Stewart Aye Approved: 5-0. -- 103 City Council meeting January 12, 1982 Page 3 Planning Commission (con't) -- Item #44. Commercial/Manufacturing Ordinance. M~tion Councilman Torn second Councilman Unsworth to read ordinance by t1tle only. Deputy so read. Motion Councilman Baldwin second Councilman Torn to appro~e Commercial/Manufacturing Ordinance and duly carried 5-0, by the follow1ng roll call vote: (1st reading) Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin Aye Councilman MacMurray Aye Mayor Stewart Aye Approved: 5-0. BUSINESS ITEMS ~ X) r-.. .-::> o ~ Item #51. City Council Study Sessions a. School District - 1/18/82 b. Rubbish Disposal Site Study - 1/20/82 c. Mid-Year Budget Review - 1/25/82 d. *Park Board Study Session - staff to handle and arrange. Also, it was discussed a calendar be placed for public view of on-going meetings to be held each month and news paper release on set study sessions. Concensus. Item #52. Award of Contract to All American Asphalt: Construction of Acacia Street between Avenue #1 and High Street. Engineer Kicak gave presentation of bids and low bid of All American Asphalt for $22,525.60. Motion Councilman Torn second Councilman Baldwin to award contract of construction to All American for Acacia Street be- tween Avenue #1 and High Street. Approved: 5-0. ~ Item #52. Lincoln Street Improvements. Engineer Kicak gave presentation of a proposed tract and the necessary removal of new paving after completed. Motion Councilman Baldwin second Councilman Torn to approve the construction of Lincoln Street as awarded in the present contract with Fontana Paving and City of Lake Elsinore. Approved: 5-0. Item #54. Parcel Map #16000. Hobie-Rawlings. Attorney Porter reported the request and desire of Mr. Rawlings/developer to remove fill from a City owned parcel and place that fill on the de- velopers parcel. Attorney Porter recommends denial of the request, and to allow test samples be taken for feasibility. All costs would be born by the developer. Motion Councilman Baldwin second Councilman Torn to deny the request and applicant would be allowed to take test samples for feasibility. If results are positive, staff is to report back to this Council. Denied: 5-0. (tests only). Item #55. Appeal of Edward Watt: Building Permit: Single Family Residence. Attorney Porter reported on appeal received from Mr. Watt, dening his request for placement of proposed mobilehome. Slide presentation was given of surrounding and adjacent neighborhood. Problems are defined to non- conformance with the City's requirement that all single family dwellings shall have a roof pitch of at least 4 inches in 12 inches. LEMA Section 17.14.030(c). Motion Councilman Baldwin second Councilman Torn to deny the appea. Denied: 5-0. , Item #56. Appeal of Design Review Board: Commercial Building - Eleanor Street: Douglas Homes. Director Morrissey recommended denial of appeal request based upon applicant not submitting request in a timely manner as required by section 2.28. 050 of the LEMC. Councilman Baldwin asured the applicant the exact time in which the appeal was filed is only a guideline and would not be denied on that basis only. Applicant was present and explained the waiver of re- quirements within staff recommendation. Staff gave evidence of location and necessary improvements and fees. Applicant stated the proposed site is on Eleanor Street only, not fronting upon Lakeshore Drive. Engineer Kicak explained the requirements are for necessary improvements upon Lakeshore Drive and the submitted map given to him, does reflect this parcel fronting Lakeshore. Motion Councilman Baldwin second Councilman Unsworth to table this matter until further map location is submitted to staff for proper location and recommendation thereof. Tabled: 5-0. 104 City Council meeting January 12, 1982 Page 4 Item #57. Resurfacing of Corydon street between Palomar and Mission Trail. Engineer Kicak gave presentation of $15,000.00 expenditure for the resur- facing of Corydon Street and Mission Trail between Palomar. Discussion was held to expenditure being low. Motion Mayor Stewart second Councilman Baldwin to authorize staff to varify bid and clarify amount and work scope. Varify and Clarify, 5-0. Item #58. Public Safety Committee: Format for formation. Councilman Torn requests Councilmen not be involved as committee members. Motion Councilman Torn second Councilman Baldwin that this Council does re- cognize a necessity for a comprehensive analysis of the communities public safety needs and further directs the City Manager to prepare a program and format for Council consideration by February 9, 1982. Approved: 5-0. ...,; Item #59. Grading Plan - Riley Street and Graham Avenue. Engineer Kicak gave presentation of Mr. Barrick request to grade on the sub- ject property and Engineer Kicak further recommended approval in concept of the proposed grading on the subject property, and that approval be sub- ject to resolving the technical problems with respect to runoff and the construction drainage facilities. Applicant has made an effort to contact adjacent property owner without sucess. Motion Councilman Baldwin second Councilman Unsworth to approve City Engineer's recommendation. Approved: 5-0. Item #60. Second resding of Ordinance No. #627. Motion Councilman Torn second Councilman Unsworth to read Ordinance by title only. Deputy so read. Motion Councilman Torn second Councilman Unsworth to approve Ordinance #627 and duly carried by the following roll call vote: Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin Aye Councilman MacMurray Aye Mayor Stewart Aye (final reading approved, 5-0.) Item #61. Ordinance prohibiting construction of new structures and additions, alterations, repairs, rehabilitation and restoration of existing structures in certain areas of the City at or below certain elecations and providing exceptions and Administrative Appeal Procedures. Motion Councilman Torn second Councilman Unsworth to read Ordinance by title only. Deputy so read. Motion Councilman Torn second Councilman Unsworth to approve Ordinance No. #711, and duly carried by the following roll call vote: Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin NO Councilman MacMurray Aye Mayor Stewart Aye (1st reading approved: 4-1) Discussion was held to elevation and drainage situation on McBride, Bromley and Shirer Streets. Resident spoke on drainage from new construction flood- ing his property and home and questioned raised elevations of new construction. Council discussed placing a moratorium upon any development within that area for study. It was a concensus of this Council that staff is to report on this situation at the regular meeting of January 26, 1982. ..... Item #62. Citizen Request: Catherine I. Jordan - Waiver of Capital Improve- ment Fees. Motion Councilman Baldwin second Councilman MacMurray to waive Capital Improvement Fund Fees for reconstruction of hardship flood case. This approval is not for future development, located on remaining parcel. Also included within this motion is a waiver of Conditional Use Permit reapproval, d~e to original Conditional Use Permit soon to expire, and extend original Conditional Use Permit six (6) months. Approved: 5-0. ..... Item #63. Citizen Request: Chamber of Commerce - David B. vik: Bicycle Tract on Chamber property. Dave vik was present and spoke of "consent" necessary to conduct this recreational venture. Also, Mr. vik requested approval be given, by this Council, to hold the annual Rodeo/Frontier Days at it's original location on Lucerne Street. Edison Company required con- sent from Council before addressing the installation of power for the rides. Motion Councilman Baldwin second Councilman MacMurray to approve both re- quests and added the Chamber of Commerce to get with staff for coordination of efforts for Frontier Days. Approved: 5-0. - <::r 'X) I:"- -:> ~ .~ ,-- ,...... 105 City Council meeting January 12, 1982 Page 5 PUBLIC COMMENTS D. Strong requested the names of Councilmen be placed back on the agenda sheets. B. Jacibson requested the Public Address System be up-graded for hearing purposes within the audience. E.J. Carter questioned consent calendar item #13. Regarding exact location of alley location. Engineer Kicak explained within the hall to allow persons with other comments to continue. REPORTS AND RECOMMENDATIONS City Manager Rede requested a closed session for personal matters. Council so agreed. Director Frazier reported rece~v~ng a claim from Whitney's Water. Council would take this matter under Closed Session. COUNCILMAN Torn requested and motioned Councilman Baldwin be appointed as the representative to the Recreational Committee for the City, second Councilman Unsworth. Approved: 5-0. COUNCILMAN Unsworth reported that maps on proposed aganda items be posted for public view. Also, staff to clear property next to Thermal Electronics for weeds. Staff to report. Councilman Unsworth nominated E.J. Carter to represent the City of Lake Elsinore for the Advisory Council on Aging. City Manager Rede pointed out that there are only a'limited number of seats on this committeed. Mr. Carter was pleased to accept. COUNCILMAN Baldwin would Avenue #9 water problem. Also, Councilman Baldwin addressed by the Mayor. like to see a resolution to Mr. Lee Allen on Director of Public Works to give full report. would like to see a 1982 Plan Policy of the City, MAYOR Stewart noted Railroad Canyon Road needs patching of holes. Staff to investigate. Also, requests traditional Council group picture be taken and also individual picture of Mayor. At this time a Closed Session was called. Council reconvened at 11:35 P.M. and reported on Whitney's Claim to be refered to City Attorney with report to be agendized on results. With no further business appearing, motion Councilman Baldwin second Councilman MacMurray to adjourn the regular Council meeting at 11:39 P.M. Duly carried, 5-0. Re~ectfully submitted, ,,-4724U?/b- 77/ /$a4CL lfuge1.a M. Basch Deputy City Clerk 106 [......... l~~ v..............:.....'.. t L CITY COUNCIL MEETING JANUARY 26, 1982 The City Council of the City of Lake Elsinore met in regular session on January 26, 1982 with Mayor Stewart presiding. The meeting was called to order at 7:32 P.M. The Pledge of Allegiance was led by Councilman Unsworth. Roll call was taken, and reflected Councilman Torn, Councilman Unsworth, Council- man Baldwin, Councilman MacMurray and Mayor Stewart present. City Manager Rede, Attorney Porter, Director of Building & Safety Frazier, City Engineer Kicak, Director of Planning Morrissey, Finance Director Ronnow, Director of Public Works Blackford and staff members within the audience also present. .... At this time the Redevelopment Agency/City Council was called to order. City Council reconvened at 7:47 P.M. CONSENT CALENDAR Motion Councilman Torn - second Councilman Unsworth to approve the following on a 5-0 vote. (With new rate change within Item #11) Approved: 5-0. 1. Minutes - January 12, 1982 2. Department of Building & Safety: Activity Report for December, 1981. 3. Set for Public Hearing (February 9, 1982) a. Tentative Tract Map #18239 and Conditional Use Permit #81-20: Steve Cavanaugh & Associates -850 feet North of Riverside Drive on Joy Street. b. Recertification of Occupancy Ordinance. 4. Set for Public Hearing (February 23, 1982) a. Tentative Tract Map #18211: D. Kulberg - Southeasterly of the intersection of Terra Cotta and Lakeshore Drive. b. Conditional Use Permit #81-23: Seventh Day Adventist Church: 104 South Kellogg Street. 5. Substitution of Parcel Map Fee: Fred Dominguez - Westerly of Intersection of Graham Avenue and Main Street. 6. Renewal of Elsinore Branch Library Lease Agreement between City of Lake ElsinorE! and City of Riverside. 7. League of California Cities: Eminent Domain Seminar. ~ 8. Public Meeting for Outflow Channel Project: Area 1: February 10,1982 Area 2: February 11, 1982 9. Sewer Assessment District: Pottery and Davis Streets 10. Authorization for City Manager to Dispose of Dead Trees on City Property: Resolution No. 82-5. 11. Revision to Refuse Collection Rates: Resolution No. 82-6. PLANNING COMMISSION Item #41. Second Reading of Ordinances: a. Revised Hillside Planned Development Ordinance: Ordinance No. 628. Motion Councilman Torn, second Councilman Baldwin to read by title. Deputy so read. Motion Councilman Torn, second Councilman Unsworth to approve Ordinance No. 628 by the following roll call vote: Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - AYE Councilman MacMurray - AYE Mayor Stewart - AYE Ordinance No. 628 approved, 5-0. b. Condominium Ordinance: Ordinance No. 629. second Council Unsworth to read by title. Councilman Baldwin, second Councilman Torn 629 by the following roll call vote: Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - AYE Councilman MacMurray - AYE Mayor Stewart - AYE Motion Councilman Torn, Deputy so read. Motion to approve Ordinance No. ... Ordinance No. 629 approved, 5-0. 107 Page two City Council Minutes January 26, 1982 c. Commercial/Manufacturing Ordinance: Ordinance No. 630 approved, 5-0. Motion Councilman Torn, second Councilman Unsworth to read by title. Deputy so read. Motion Councilman Torn, second Councilman Baldwin to approve Ordinance No. 630 by the following roll call vote: Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - AYE Councilman MacMurray - AYE Mayor Stewart - AYE ...--- I' Ordinance No. 630 approved, 5-0. NEW BUSINESS I.Q JO t-- -:; ~ ~ Item #50. Resolution opposing New Residential Development by School Districts. City Mgr. Rede gave presentation and City Attorney Porter stated the proposed Ordinance was not in legal form at this time. Councilman Baldwin gave presentation to Council and public on forecast for 1982 school attendance, attraction of development within the Lake Elsinore Valley, issues of today's impacts on Elsinore Schools, alternatives, moratorium for thirty days, and request for action. Resolution was read by Judy Gugliemana, President of Elsinore Union High School Board of Trustees, opposing approval of any new residential develop- ment without adequate mitigation of the impaction problems. Resolution was read by Tom Jessup, Vice President of the Elsinore Union School District, opposing new residential development, and provisions for new sites, development, construction of buildings and initial equip- ping of the school. Mr. Ronald Flora, Secretary to the Board of Trustees read resolution 1981/82-08, also opposing new development and specifically speaking to A.B.C. Heritage development on the impact this development will have. Discussion was held at this time.Council- man Unsworth stated he could not approve an Ordinance that was not currently within his agenda, nor without study time. Motion Councilman Baldwin - second Councilman Torn: "Therefore, it is requested that the City Council of the City of Lake Elsinore vote affirmatively this evening to impose a thirty (30) day MORATORIUM on the issuance of all building permits for new residential units pending a further review of data and impact by the City Attorney, Planning Director and the City Manager with a report to be delivered to the City Council for its deliberation on February 26, 1982. Further, it is requested that the Planning Director work with the Planning Commission on developing a manner in which policy could be established to allow certain "hardship" permit requests to be processed during the time of any moratorium enacted after February 26, 1982. Further, it is recommended that the City Manager, Superintendant of Schools, County Supervisor and an elected official from the City and each School Board meet and confer on this issue prior to the Council meeting on February 26, 1982, and to agendize -this matter on the Board of Supervisors Cal endar before February 26, 1982. II At this time the Chair called for a 15 minute recess: City Attorney to finalize draft Ordinance for discussion/adoption. L City Council reconvened at 9:02 P.M. Motion Councilman Baldwin - second Mayor Stewart to read Ordinance No. 631 in it's entirety by City Attorney. City Attorney so read Ordinance No. 631. City Attorney so stated the second version, in- cluding exceptions will be forthcoming. Motion Councilman Baldwin - second Councilman MacMurray to approve Ordinance No. 631 by the following roll call vote: Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - AYE Councilman MacMurray - AYE Mayor Stewart - AYE Urgency Ordinance No. 631 approved, 5-0. lOB r............: l:" ['" .. , . L Page three City Council Minutes January 26, 1982 Item #51. Second Reading of Ordinance: Ordinance Prohibiting Construction of New Structures and Additions, Alterations, Repairs, Rehabilitation and Restoration of Existing Structures in Certain Areas of the City at or Below Certain Elevations and Providing Exceptions and Administrative Appeal Procedures: Ordinance No. 711. Motion Councilman Baldwin, second Councilman Torn to read by title. Deputy so read. Motion Councilman Torn, second Councilman Unsworth to approve Ordinance No. 711 by the following roll call vote: .... Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - NO Councilman MacMurray - AYE Mayor Stewart - AYE Ordinance No. 711 approved, 4-1. At this time Mr. T. Schivone questioned Ordinance No. 631, with his time and money expended for permits. Would his permits be denied? It was a concensus of this Council: Staff to review with City Attorney and County Board of Supervisors by February 1, 1982 and this meeting to be adjourned to that date, also a "Special Meeting" to be conducted on March 1,1982 to answer questions concerning moratorium ordinance. Item #52. Tentative Tract Map #17413 and Zone Change #81-4: Canyon Lake Hills - A.B.C. Heritage (Continued from 1-12-82). Applicant/Engineer Wesley Highland requested Council to continue this item until the meeting of February 9, 1982. Motion Councilman Torn, second Councilman Unsworth to accept applicants request for continuance to February 9, 1982. Approved to accept, 5-0. Item #53. A. Parcel Map No. 13708: Richard Brechtel. Northeasterly of ~ailroad Canyon Road and Highway #71. City Attorney Report. --- B. Tentative Parcel Map No. 13708-2: Report from Planning Director. Motion Councilman Baldwin-second Councilman MacMurray to approve Parcel Map #13708 and #13708-2 subject to staff and City Attorney's recommendation and the following eight conditions: Approved, 5-0. Staff Recommendations: Approval of Tentative Parcel Map 13708-2 subject to complying with all conditions of approval including executing CC & R's prohibiting further division of Parcels 1,2, 3 and 4. City Attorney Recommendations: Add as a condition of approval the requirement that the applicant prepare and execute CC & R's prohibiting further division, and provide a notice on the map itself referencing the CC & R's pro- hibiting further division. Eight Conditions of Approval: 13708 arid 13708-2 1. The property shown in the parcel map appears to be landlocked and not to have access to any public right-of-way. Prior to any approvals by the Planning Commission, the developer should provide the City with proof of access to public right-of-way. 2. The dedications as shown in the map indicate proposed 30 feet of right-of-way. In accordance with Ordinance #529, section 3.2A4, a minimum of 40 feet of dedication is required. 3. Dedicate to City water rights within the property of the parcel map ... except that required to provide for development on individual parcels. 4. Subdivider shall work with City to provide a landscaping and lighting assessment district over all four parcels. Owner or owners of property within this area shall carry cost of filing assessments with County Assessor. 5. Submit application for zone change to Low Density Residential within 30 days of City Council approval. 6. A finding of no signigicant impact on the environment. 7. Issuance of negative declaration. ~-- l I.Q JO r-. '-;:) ~ o -- L 109 Page four City Council Minutes January 26, 1982 8. Conformance with General Plan and any applicable additional elements to be adopted by the City Council. Item #54. Appeal of Douglas Holmes: Commercial Structure - Eleanor Street and Lakeshore Drive. Motion Councilman Baldwin, second Councilman Unsworth to approve appeal of Douglas Holmes subject to the following 19 conditions. Approved 5-0. 1. The applicant shall prepare the plans in accordance with provisions of Ordinance 572 for the improvements of frontage of subject parcel and shall sign an agreement for the installation of those improvements in accordance with City Ordinances. 2. Provide adequate drainage facilities. 3. All improvements to be designed by owner's civil engineer to the specifications of the City. 4. Deed water rights to the City. 5. Applicant shall follow all recommendations of the Riverside County Fire Department. 6. Pay Capital Improvement Fund fees in accordance with the ordinances and resolutions in effect at the time of issuance of building permits. 7. Applicant shall submit a parking layout and landscape plan to the Planning Department prior to issuance of any building permits. 8. Parking lot shall provide for a minimum of eight (8) designated spaces. 9. Plan shall provide for an interior landscape planter of no less than 160 square feet. Interior planter and planters adjacent to the building shall be separate from parking areas and vehicular access ways by a six (6) inch high Portland Cement concrete curb. 10. Interior parking planter shall contain two(2) Canary Island Pine trees. Ground covering shall be bark with no less than two (2) each Gold Coast Junipers and Mint Julep Junipers. 11. The Applicant shall provide a minimum six (6) foot wide planter to run the length of the front elevation. The ground cover shall be bark and contain the following plants; two (2) Holly Oak trees, two (2) Canary Island Pine trees, and three (3) Blue Pfitzer Junipers. Adjacent to the entrance, a walk-way of exposed aggregate or inlaid brick shall be provided. 12. The applicant shall line the southern boundary of the property with California Sycamore trees spaced ten (10) feet apart for a total of twelve (12). 13. The applicant shall provide for the protection of two (2) Olive trees located at the eastern boundary of the property. 14. Area of leaching shall be planted with grass. 15. All trees shall be at least fifteen (15) gallons. 16. Permanent and automatic irrigation shall be provided for all planting areas. 17. All trash areas, outside storage of equipment, and mechanical equipment shall be effectively screened from public view and shall receive written approval from the Planning Director. 18. The exterior walls and the roof shall consist of different pastel colors. - 19. All signs shall be approved by the Planning Department. Item #55. Citizen Request: Norman L. Chaffin - Agreement for installation of sidewalk at 208 Silver Street. Motion Councilman Baldwin, second Councilman Unsworth; Agreement to be executed for installation of sidewalk. Approved: 5-0. Item #56. Sewer Extension Across Minthorn Street: Vicinity of 1-15 and Minthorn Street. Due to receipt of letter for extension from applicant, motion Councilman Torn, second Councilman Baldwin to grant extension on Item #56. Approved extension to February 9, 1982: Approved 5-0. Item #57. Appeal of U.S. Rural Homes: Mandatory Connection to City Sewer system: 310, 312 and 314 Campus Way. City Manager Rede explained that this item has been resolved. It is a concensus of this Council to table this matter indefinitely. Tabled: 5-0. 110 [, p..............'..... ':-., . . L Page five City Council Minutes January 26, 1982 Item #58. Tract #14706: Offsite Improvements Agreement; Bonds for Offsite Improvements; Final Map. Applicant R. Williams requested the deletion of a condition in requiring a bridge over outflow channel, creating a thoroughfare of Lakeview Street and also requested a change of two street names within the pro- posed tract. Motion Councilman Baldwin, second Mayor Stewart to table this item to February 9, 1982, Engineer Kicak to prepare recommendations/report. Tabled to 2/9/82: 5-0. Item #59. Request for proposal for Planning Studies. ... Motion Councilman Baldwin, second Councilman Unsworth to approve the authorization of a circulation of request for proposal. Approve: 5-0. Item #60. Citizen Request: Chamber of Commerce: David B. Vik: Events to come. Dave Vik announced Frontier Days would be from May 15 - May 31, 1982. And further requested waiver of all permits and fees, and use of City water truck and other equipment (if needed). Events are to in- clude: Parade, Queen's Contest, Rodeo, Carnival and Motorcycle Gymkana. Mr. Vik at this time passed out and collected fees from the Councilmen, City Manager and City Attorney for the annual Frontier Day buttons. The annual Beard Contest is officially opened as of Monday, February 1, 1982. Motion Councilman Baldwin, second Councilman MacMurray to approve the request of permit waiver and use of City water truck and other equipment (if needed) and officiated the opening of Frontier Days from May 15 to May 31, 1982. Motion Councilman Baldwin second Councilman MacMurray to approve the Motorcycle Gymkana Roade Arena. Approved 4-1. Councilman Torn in objection. Mr. Vik also announced Miss Elsinore came in second in the Miss U.S.A. Rodeo Contest. Appropriate placque to be awarded within the future. Motion Councilman Baldwin, second Councilman Torn to award said placque. ... PUBLIC COMMENTS E.J. Carter commented on meeting to be held by the State of California for Sewers. Council so noted and received copies of notice for the date of 1/27/82, meeting to be held by the Department of Water Resources. Gary Wayne questioned the Hillside Planned Development, Grading and Condominimum Ordinances passed tonight. He would like answers from the Planning Department on concerns written to them concerning the ordinances. Also, he requested it be stated within the minutes that he is in opposition to the Building Moratorium. Mr. W. Highland would like to state his opposition to the adopted Building Moratorium. Joe Due requested clarification on Item #57. Director Frazier informed this item was withdrawn due to applicants request to conform to connection of City sewers. REPORTS AND RECOMMENDATIONS Director Frazier reported the upgrading and moving into the annex (north wing) will be accomplished around March 1, 1982. City Manager Rede reported on the meeting to be held with the Recreation and Park Board joint City Council of two possible dates: 2/22/82 or 3/1/82: City Council requested 2/22/82, here at City Hall, 7:30 p.m. Councilman Unsworth questioned the delegation of duty on handling of motorcycles on private property. Was this currently being handled? City Attorney reported this is being handled by him and a report is forthcoming. Also, fire fees were questioned on handling. City Manager is to report. -- Mayor Stewart questioned the installation of lights at Gediman Park. Staff to report. Requests overlay of road on Railroad Canyon Road be removed due to narrowness and driving hazards. Staff to negotiate on the P.A. Sound System for public. Calendar to be placed on the Council wall for event purposes. Also, extended a welcome to the new Chamber of Commerce President. III Pa ge six City Council Minutes January 26, 1982 REPORTS AND RECOMMENDATIONS (continued). With no further business appearing, motion Councilman Baldwin, second Councilman MacMurray to adjourn this meeting to February 1, 1982. This meeting adjourned at 10:12 P.M. ,.--.--. Respectfully submitted, t Angela M. Basch Approved, 1.0 .x; Manuel A. Rede, City Cl erk f:'-o ~ ~ -, ~ ,--. - ~. ...-.-:.:... 112 Lake Elsinore, California February 9, 1982 The regular meeting of the City Council of the City of Lake Elsinore, California was called to order at 7:32 p.m., Tuesday, February 9, 1982, in the Council Chamber of the City Hall, 130 South Main Street, Lake Elsinore, California, Mayor Jerry H. Stewart presiding: ROLL CALL PRESENT: Councilmen MacMurray, Torn, Unsworth and Mayor Stewart ABSENT: Councilman Baldwin -- Other City Officials and employees present: Manuel A. Rede, City Manager; John M. Porter, City Attorney; Joseph Kicak, City Engineer; Larry Ronnow, Finance Director; Jim Morrissey, Planning Director; Dwayne Frazier, Building and Safety Director; Jim Blackford, Public Works Direc- tor; and Ruth Edwards, Deputy City Clerk. At this time, Mayor Stewart stated that prior to the convening of this City Council meeting the City Attorney had requested permission to read something to the Council after the Roll Call segment of the meeting. The Mayor then called upon City Attorney John Porter to address the Council. Mr. PDrter announced that Councilman Baldwin had sent him a letter, addressed to the Mayor, but with a cover letter attached asking him to read the letter before the Council at the meeting tonight. He then proceeded to read said letter in which Councilman Baldwin tendered his resignation from the City Council stating, in part, that he was taking too much time from his family and his job. The City Attorney then distributed to each member of the City Council and the City Manage. a copy of the letter of resignation as Councilman Baldwin had requested. Mayor Stewart stated this resignation came as a total surprise to the Council and wanted the people in the audience and those watching on television to know and understand that by the resignation of Councilman Baldwin the City had lost a good man - dedicated, hardworking and a strong fighter for the community and that he would be missed. ... Councilman Unsworth enquired of the City Attorney if any action had to be taken on Councilman Baldwin's letter of resignation and_Mr. Porter replied in the negative, stating that upon receipt of the letter the resignation is effective. CONSENT CALENDAR It was moved by Councilman Torn, seconded by Councilman MacMurray and unani- mously carried that the following Consent- Calendar items be approved as recom- mended: - 1. Minutes - January 26, 1982; February 1, 1982. 2. General Demand - January, 1982. 3. Monthly Report of Cash Balances, Receipts, and Disbursements for Month of December, 1981. 4. Senior Center/Riverside County Summer Job Training. 5. Monthly Report: January, 1982 - Code Enforcement Officer and Fire Safety/ Housing Inspector. 6. Status Report for the Lake Community Center. 7. Sub-Surface Sewage Disposal Fee, Riverside County Health Department: RESOLUTION NO. 82-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF HEALTH, RIVERSIDE COUNTY, TO IMPOSE A $15.00 SUB-SURFACE SEWAGE DISPOSAL SYSTEM REVIEW FEE. .... 8. Council Policy - Study Sessions. 9. School Financing: Report from City Attorney. 10. Joint Study Session between City Council and Planning Commission. lake Elsinore, California 113 Februa ry 9, 1982 ~ Mayor Stewart stated that Items 31, 32, and 33 under Public Hearings on the City Council Agenda were also listed as Items 7-A, 7-B and 7-C under Public Hearings on the Redevelopment Agency Agenda and that said Public Hearings would be combined as one and heard under the Public Hearing segment of the Redevelop- ment Agency Agenda. At 7:40 p.m. the City Council meeting was adjourned to the meeting of the Redevelopment Agency of the City of lake Elsinore. I At this time, 8:17 p.m., the regular meeting of the City Council was reconvened and Mayor Stewart announced the remaining items under Public Hearings would now be heard. PUBLIC HEARINGS 34. RECERTIFICATION OF OCCUPANCY ORDINANCE: RESOLUTION NO. ORDINANCE NO. Building and Safety Director Dwayne Frazier stated this proposed ordinance would require a "Recertification of Occupancy" on any and all one, two or multi- family dwellings within the City of Lake Elsinore prior to renting, leasing or transferring title by sale in order to insure occupants, leasees or new owners that structures meet the minimum Health and Safety requirements as outlined in adopted Codes of the City. Mayor Stewart opened the Public Hearing at 8:19 p.m. and enquired if anyone wished to speak in opposition to above subject ordinance. Mr. Eugene J. Carter asked the City Attorney to explain the subject ordinance and Mr. Porter complied and added that the ordinance had been challenged in the ,.--., courts in Pasadena and was found to be a constitutional exercise of local police i power to provide for the Health, Safety and Welfare of the citizens within the community. CD m C\J w CD <( ... '- The following listed persons spoke in opposition: Mr. Eugene J. Carter Mr. Bob Williams Mr. Charles R. D'Amore Ms. Marsha Swanson Mr. Lee All en Mr. Fred Simpson Mr. Richard Bergquist Mr. David B. Flannery Receiving no response to his enquiry if anyone else wished to speak in opposition, Mayor Stewart then asked if anyone wished to speak in favor. Hearing no reply, Mayor Stewart closed the Public Hearing at 8:32 p.m. and called for discussion from the member.s at the table. . ,.-... Considerable discussion ensued regarding the merits of subject ordinance and protection for renters. It was moved by Councilman Torn and seconded by Councilman Unsworth that staff be directed to bring back in sixty (60) days a similar 'ordinance protective of renters but disregarding transfer of title as spoken to in subject ordinance. c. Mayor Stewart then called for discussion. Mr. Charles R. D'Amore commented on the condition of a rental on Joy Street and Councilman Unsworth also commented on conditions of rentals when he used to be an ins pector. Mayor Stewart called for the question and the motion carried by the following ro 11 call vote: AYES: NOES: ABSENT: Councilmen Torn, Unsworth and MacMurray ~1ayor Stewart One Vacant Seat -2- 114 Lake Elsinore, C~lifornia February 9, 1982 35. TENTATIVE TRACT MAP #18239 AND CONDITIONAL USE PERMIT #81-20: STEVE CAVANAUGH AND ASSOCIATES: ONE-LOT SUBDIVISION FOR CONSTRUCTION OF 14 CONDOMINIUM UNITS. Planning Director Jim Morrissey spoke briefly on above subject matter and showed slides to indicate location site and recommended approval of Conditional Use Permit #81-20 subject to compliance with the 15 conditions as listed in the Planning Commission's Report to Council, dated January 26, 1982, and approval of... Tentative Tract Map #18239 subject to compliance with the 19 conditions as listed in the Planning Commission's Report to Council, dated January 26, 1982, plus the additional requirement that applicant be required to enter into an agreement with the Elsinore School Districts to mitigate impact be added as Condition 20. Mayor Stewart opened the Public Hearing at 8:43 p.m. and enquired if anyone wishe to speak in opposition to the above mentioned project. The following person spoke in opposition: Mr. Eugene J. Carter With no more response in opposition, Mayor Stewart asked if anyone wished to spea in favor. The following persons spoke in favor: Mr. Steve Cavanaugh, applicant. Mr. Scott Hatch, Mr. Cavanaugh's partner. Upon enquiring if anyone else wished to 'speak in favor and hearing no response, Mayor Stewart closed the Public Hearing at 8:48 p.m. Discussion ensued between members at the table and planning Director Jim Morriss( ....", Councilman Torn commented that he felt 20 units to the acre should be the maxi- mum density in the City. He asked if the Council approved the Tentative Tract Map, could the applicants proceed and then redesjgn the condominiums to bring them down to 20 units to the acre or less? The Planning Director answered in the affirmative. Councilman Torn then moved approval of only Tentative Tract Map #18239 subject to the 20 conditions as recommended earlier in the hearing by the Planning Director, which motion was seconded by Councilman Unsworth. Mayor Stewart then called for further discussion. Councilman Unsworth stated that it was his understanding that Quail Drive in Woodhaven was going to be continued through the Nick Nash development behind Park Plaza and continue past the above subject project and tie in with Joy Street. He was not aware that the subject project's location was where he thought the street would go through. Councilman Unsworth also asked why the trailer was still on the site - was it still being used as a sales office? Mr. Scott Hatch said their. sales office was now in one of the units and that they had ordered the trailer removed several weeks ago but it just hadn't been pi eked up yet. Councilman Torn withdrew his motion with the consent of the second. It was moved by Councilman Unsworth, seconded by Councilman MacMurray and unani- mously carried that subject Tentative Tract Map #18239 be tabled until further information from staff determines the method of continuing Quail Drive to Joy Street. --- 36. VACATION ~F CERTAIN ALLEYS AND PORTION OF RILEY STREET: RESOLUTION NO. 82-9. City Engineer Joe Kicak described the location of above subject alleys and street vacation and stated these rights-of-way are of no use to the City as they now exist. -3- ~ l CD 01 C\J W CO <t lake Elsinore, California 115 February 9, 1982 Mayor Stewart opened the Public Hearing at 8:56 p.m. and asked if anyone wished to speak in opposition to subject vacation. Hearing no response he asked if anyone wished to speak in favor: The following listed person spoke in favor: Mr. Eugene J. Carter. With no further requests to speak in favor, Mayor Stewart closed the Public Hearing at 8:57 p.m. It was moved by Councilman Torn and seconded by Councilman Unsworth that the following resolution be adopted: RESOLUTION NO. 82-9 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE VACATION OF CERTAIN ALLEYS AND PORTIONS OF RILEY STREET PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Motion carried by the following roll call vote: AYES: NOES: ABSENT: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart None One Vacant Seat 37. VACATION OF CERTAIN ALLEY AND PORTION OF POE STREET: RESOLUTION NO. 82-10 ~- City Engineer Joe Kicak described the location of above subject alley and street vacation and stated these rights-of-way are of no use to the City as they now exi s t. '- ,.,:;. , ~ Mayor Stewart opened the Public Hearing at 8:58 p.m. and asked-.if anyone wished to speak in opposition and,receiving no reply he asked if anyone wished to speak in favor. Again receiving no response, Mayor Stewart closed the Public Hearing at 8:59 p.m. - It was moved by Councilman Torn and seconded by Councilman Unsworth that the following resolution be adopted: RESOLUTION NO. 82-10 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE VACATION OF A CERTAIN ALLEY AND A PORTION OF POE STREET PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300, ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CAL1FORNIA. Motion carried by the following roll call vote: AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart NOES: None ABSENT: One Vacant Seat 38. ZONE CHANGE 81-6: J. HANDBURY AND G. DOURIS: CHANGE PORTION OF LOT FROM R-l TO C-l. ORDINANCE NO. Planning Director Jim Morrissey gave a short report stating the Planning Com- mission's recommendation for approval and commenting that although staff recommended adoption of an ordinance rezoning the property from R-l to C-l, the legal description submitted by the applicant was not adequate and, there- fore, no ordinance has been prepared. Mayor Stewart opened the Public Hearing at 9:02 p.m. and enquired if anyone -4- 116 Lake Elsinore, California February 9, 1982 wished to speak in opposition to subject Zone Change. . The following persons spoke in opposition: Mr. Kenneth Stream spoke on behalf of Ms. Marie C. Rimo1i Mr. Eugene J. Carter With no further response in opposition, Mayor Stewart asked if anyone wished to speak in favor of Zone Change #81-6. ~ The following persons spoke in favor: Mr. Bill Pash Mr. Bill Murphy Mr. Richard Mu11inex Mr. Harold Greeberg Mr. Albert Accettoro Hearing no response to his enquiry if anyone else wished to speak in favor, Mayor Stewart closed the Public Hearing at 9:22 p.m. Upon call for discussion from members at the table, Councilman Torn stated the subject Zone Change is not in conformance with the General Plan and asked the City Attorney if there would be any legal problems if Council took an action to rezone subject property and tried to support a finding that it was in con- formance. Mr. Porter replied that there would be very little problem in undoing what the Council did if the finding could not be supported. Councilman Torn moved denial of Zone Change #81-6 based on environmental consi- derations that there is no conformity to the City's current General Plan and probably will not be in conformance with the elements of the General Plan yet to be adopted. Mayor Stewart seconde9 the motion. Councilman Unsworth stated he could approve the first part of Councilman Torn's ~. motion but not the second part regarding elements yet to be adopted. With the consent of the second, Councilman Torn wjthdrew his previous motion and moved that Zone Change #81-6 be denied based on environmental considerations that there is no conformity to the City's current General Plan, which motion was seconded by Mayor Stewart and approved by unanimous consent. 39. ZONE CHANGE #81-7: ELIMINATION OF CUMULATIVE ZONING: ORDINANCE NO. (Continued from 1-12-82 meeting). Planning Director Jim Morrissey spoke briefly regarding above subject Zone Change, which has been continued from the January 12, 1982 City Council meeting, and stated the Planning Commission's recommendation for denial. Mayor Stewart opened the Public Hearing at 9:32 p.m. and enquired if anyone wished to speak in opposition to Zone Change #81-7. The following persons spoke in opposition: Mr. Dick Murphy Mr. John Empson Mrs. Dani Va il Mr. Charles R. D'Amore Mr. Bill Simpson Mr. Michael R. Fagan Mr. David B. Flannery ~. With no further requests to speak in opposition, Mayor Stewart enquired if anyone wished to speak in favor. Upon hearing no response, Mayor Stewart closed the Public Hearing at 9:53 p.m. and called for discussion from members at the table~. Councilman Torn stated he appreciated the remarks made during the opposition portion of the Hearing, but that by this ordinance the City would for the first time have a planning tool to determine the use and type of construction for each specific piece of property. -5- lake Elsinore, California Februa ry 9, 1982 It7 Councilman Unsworth commented that this ordinance was needed in a community such as Lake Elsinore, which is going to grow rapidly, but that this is not the time. He would also like to see the General Plan and zoning to go with it before considering subject Zone Change. It was moved by Councilman Torn and seconded by Mayor Stewart that Ordinance No. ~ 635 be introduced and read by title only: l ORDINANCE NO. 635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCES NO. 349, 442, 445, 458, 480, 514 AND 620 AND PORTIONS OF TITLE 17, LAKE ELSINORE MUNICIPAL CODE, ELIMINATING CUMULA- TIVE ZONING ASPECTS OF ZONING DISTRICTS AND AMENDING THE PERMITTED USES OF EACH DISTRICT. CD m C\.I w CD <:( It was moved by Councilman Torn and seconded by Mayor Stewart that Ordinance No. 635 be approved at first reading, which motion failed to pass by the follow- ing roll call vote: AYES: Councilman Torn and Mayor Stewart NOES: Councilmen Unsworth and MacMurray ABSENT: One Vacant Seat It was moved by Councilman Torn, seconded by Councilman Unsworth and unanimously carried that subject Zone Change #81-7 be re-agendized in 180 days (6 months). At this time, 10:10 p.m., Mayor Stewart called a short recess. ,....<" RECESS Upon reconvening at 10:30 p.m., the City Clerk noted the return of all members to their places at the Council table. '- PLANNING COMMISSION 41. NONCONFORMING USE ORDINANCE: ORDINANCE NO. 633 Planning Director Jim Morrissey spoke briefly regarding above subject ordinance which will enable property owners to repair damaged or partially destroyed non- conformi ng structures. . It was moved by Councilman Torn and seconded by Councilman UnsYlorth that Ordi- nance No. 633 be introduced and read by title only: ORDINANCE NO. 633 AN-ORDINANCE OF THE CITY COUNCIL OF THE CITY OF lAKE ELSINORE, CALIFORNIA, ADDING PROVISIONS TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING THE REPAIR OF DAMAGED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES. ~. It was moved by Councilman Torn and seconded by Councilman Unsworth that Ordinance No. 633 be approved at first reading, which motion carried by the following roll call vote: . L- 'AYES: NOES: ABSENT: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart None One Vacant Seat 42. REVISION TO PARKING ORDINANCE NO. 704: ORDINANCE NO. 634. Planning Director Jim Morrissey explained that proposed subject ordinance will exempt businesses in established commercial and industrial centers from complying with the required parking lot permit. The criteria for selecting allowed uses will be based upon their conformance to uses permitted for that specific district. -6- 118 Lake Elsinore, California February 9, 1982 It was moved by Councilman Torn and seconded by Councilman Unsworth that Ordi- nance No. 634 be introduced and read by title only: ORDINANCE NO. 634 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING A PORTION OF ORDINANCE NO. 704 PARKING. It was moved by Counci lman Torn and seconded by Counci lman Unsworth that Ordi - ii' ... nance No. 634 be approved at first reading, which motion carried by the follow- ing roll call vote: AYES: NOES: ABSENT: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart None One Vacant Seat NEW BUSINESS 51. GRADING ORDINANCE ESTABLISHING CRITERIA FOR EXCAVATION, GRADING, EARTHWORK CONSTRUCTION, FILLS AND EMBANKMENTS: ORDINANCE NO. 636 City Engineer Joe Kicak explained briefly that above subject ordinance had been reviewed by the City Council sometime ago and all the input received from pre- vious study sessions has been incorporated into this ordinance. Councilman Torn stated this ordinance is one of the group of ordinances Council had requested over the past eighteen months and is badly needed. It will enable staff to better inform prospective developers of projects in the City. It was moved by. Counei lman Torn and seconded by Counei lman Unsworth that Ordi- nance No. 636 be i~troduced and read by title only: ...., - t,., ORDINANCE NO. 636 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE AND CREATING A GRADING ORDINANCE AND ESTABLISHING CRITERIA FOR EXCA- VATION, GRADING, EARTHWORK CONSTRUCTION, FILLS AND EMBANKMENTS. Councilman Unsworth commented that he would like title changes on pages 4 and 5. On page 4, in the second and third paragraphs, the title IIBuilding Inspectorll should be changed to read IIBuilding Director.1I On page 5, under IIGeneral - Criteriall heading, section a), the title IIEnvironmental Review Committee" should be changed to read IIDesign Review Board. II The changes were so approved. Mr. Wesley Hylen requested and received permission to address the Council. He commented on subject ordinance and stated his concerns with various sections. With no further-discussion, it was moved by Councilman Torn and seconded by Councilman Unsworth that Ordinance No. 636 be approved at first reading, which motion carried by the following roll call vote: AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart _NOES: None ABSENT: One Vacant Seat 52. AIRPORT FEASIBILITY STUDY: AWARD OF CONTRACT TO CH2M. ~' Planning Director Jim Morrissey spoke briefly on above subject matter and recommended award of contract to CH2M Hill to prepare an airport feasibility study and that the City Manager be authorized to initiate contract negotiations. It was moved by Councilman Torn, seconded by Councilman Unsworth and unanimously carried that the Planning Director's recommendation be approved as presented, with contract amount not to exceed $16,380. -7- ~ t ro m C\I w m <( Lake Elsinore, California 119 February 9, 1982 Mayor Stewart stated Item 53 would now be taken up. Councilman Torn explained he had a financial interest in this property and excused himself from participating in any action taken by the Council. 53. TRACT #14706 - OFFSITE IMPROVEMENTS AGREEMENT. BONDS FOR OFFSITE IMPROVEMENTS, FINAL MAP. (Continued from 1-26-82 Council Meeting) 53.a LAKE CREST DRIVE AS A THROUGH WAY FROM RIVERSIDE DRIVE TO MACHADO STREET City Engineer Joe Kicak reported that at the last Council meeting (1-26-82) there was a request by the applicant, Mr. Bob Williams, to consider the elimi- nation of the crossing at the channel for the primary reason that it may cause some high speed and high volume traffic in that area. After checking out the area and the planning stages for Lake Crest Drive, Mr. Kicak stated the street was not then and is not now intended to be a major street through the area. Lincoln Street has been designated on a general plan as a major through street and Lincoln Street and Lakeshore Drive will be used by any traffic coming into the City to reach the westerly portions of the lake. City Engineer Kicak agreed that based on the facts, Lake Crest Drive could in the future be a IIdrag stripll unless traffic controls are vigorously enforced. Mr. Kicak recommended that Lake Crest Drive, within Tract 11939 and Tract 12155 be permitted to termi- nate on the easterly side, and Lake Crest Drive, within Tract 14706, be per- mitted to terminate on the westerly side of the drainage easement. It was moved by Mayor Stewart and seconded by Councilman Unsworth to approve the staff recommendation. Hearing no request for further discussion, Mayor Stewart called for the question ~. and the motion carried by the following vote: AYES: Councilmen Unsworth, MacMurray and Mayor Stewart ~ NOES: None ABSTAIN: Councilman Torn ABSENT: One Vacant Seat ,.:.;. - '-- City Engineer spoke regarding Item 53 and recommended City Council approval of the fo 11 owi ng: 1. Approve the agreement for the offsite improvements for Tract 14706 between R. & M. Development Company and the City of Lake Elsinore. 2. Accept the bonds for the offsite improvements. 3. Accept a quit claim deed for the water rights and direct the City Clerk to record same. . 4. Authori~e the staff to prepare the necessary legal documents to initiate the Landscaping and Street Lighting District as well as the Street Main- tenance District within that particular subdivision. It was moved by Councilman Unsworth and seconded by Councilman MacMurray to approve the four items recommended by the City Engineer, which motion carried by the fo 11 owi ng ro 11 ca 11 vote: .. AYES: NOES: ABSTAIN: ABSENT: Councilman Unsworth, MacMurray and Mayor Stewart None Councilman Torn One Vacant Seat 54. REQUEST BY RICHARD M~RPHY FOR HASKELL FILL IN FLOOD PLAIN. Building and Safety Director Dwayne Frazier explained above subject matter was a request by Mr. Richard Murphy for a property owner named Haskell on Mission Trail who owns some property behind the Mission Trail dike. The property owner wishes . -8- 120 Lake Elsinore, California February 9, 1982 to obtain access to his property and by the access he requests that he be able to spread the fill onto this property which is in the flood plain. Granting this request is contrary to Ordinance #603 and could risk jeopardizing the City's Flood Insurance coverage. Mr. Frazier stated he felt more study is needed before allowing filling in of flood plain and recommended his first of five recommendations, which was denial. Councilman Torn asked if the reason for the request was to provide access or to provi de - fi 11 . ;~ : Mr. Richard Murphy addressed Council and stated the request was for access and to use the property for agricultural purposes. He believes that part of the dike is on the Haskell property and part is on the right-of-way. -r-.. 1 Discussion ensued between members at the table and Mr. Murphy. Councilman Unsworth commented that he would like the dike ownership researched and clarified before dirt removal by anyone. City Manager Rede remarked that if Council would so direct, staff could check this particular dike area to ascertain if some of the dirt could be moved around in the right-of-way to permit access to the property and then bring the subject request back to Council in 60 days. It was moved by Councilman Torn, seconded by Councilman MacMurray and unanimously approved that the City Manager be directed to work with the applicant with no cost to the City other than administrative. Mr. Richard Murphy asked if this matter would be back before the Council in sixty days. Councilman Torn replied that if he worked it out with the City Manager he could probably be in within a few days. 55. CITIZEN REQUEST: EUGENE J. CARTER HIS CONCERN RE COMPL.ETING HIS DISCUS- SION AT 1-12-82 COUNCIL MEETING. "T:' '- Mayor Stewart announced that he had a letter from Mr. Carter requesting above matter be withdrawn from the agenda. Mayor Stewart thanked Mr. Carter. 56. SEWER EXTENSION ACROSS MINTHORN STREET: VICINITY OF 1-15 AND M1NTHORN STREET. (Continued from 1~26-82 Council Meeting) City Manager informed the Council that the applicant has requested this matter be removed from the agenda tonight and continued for an indefinite period. 57. TENTATIVE TRACT MAP #17413 AND ZONE CHANGE #81-4: CANYON LAKE HILLS - A.B.C. HERITAGE (Continued from 1-26-82 Council Meeting) Planning Director Jim Morrissey commented that this matter has been continued for the last two City Council meetings and staff's report has remained the same as the one dated January 22, 1982, since the situation has not changed. Discussion ensued between the members at the table. Councilman Torn commented that subject map was brought to Council as a revised map following the discus- sions and the. development contract with Canyon Lake Hills about a year and a half ago. New people came into the picture, bought property and came in ~_, several Council meetings ago for a change in their tract map. There were t: several changes in the proposed conditions and one of the major problems was the matter of school impact. He asked the School District members in the audience if the problems had been resolved. Dr. Ron Flora addressed Council and, speaking on behalf of the School District Boards, requested that approval of subject Tentative Tract Map #17413 not be given at this time. He stated that the Schools attorney had ~rawn up draft -9- -- <:: '- It - ~'. 121 Lake Elsinore, California February 9, 1982 agreements regarding developer assistance for necessary educational facilities for their students. Developer and School District approval of these agree- ments may be only a matter of a few days or weeks away. Councilman Torn stated that based on the inability of the schools and the developer to come to any agreeable mitigation measures, he would move denial of Tentative Tract Map #17413, which motion was seconded by Mayor Stewart. Mr. Wesley Hylen of A.B.C. Heritage addressed Council and commented that a number of issues needed to be clarified. He stated A.B.C. Heritage's position in regard to the school mitigation impact problem. Mr. Hylen presented his development's proposal made to the School Districts. He then requested approval of Tentative Tract Map #17413 and stated the time element involved could cause them problems. Discussion continued with Councilman Torn outlining what had taken place at a joint School District/Developer meeting he had attended last night (2-8-82). Mr. Allen Nixon, lawyer for A.B.C. Heritage, stated his and A.B.C. Heritage's beliefs as to the extent of their responsibility in regard to the school issue. Councilman Unsworth remarked that he was against an outright denial and would like to see the subject matter tabled until after School Board approval and he knows what action the Board of Supervisors will take. Councilman Torn offered the willingness of both bodies, the School Districts and the Council, to meet with the develop to resolve the school issue if they so desire. Councilman Torn then moved to continue subject Tentative Tract Map #17413 matter, at the developer1s request, to the February 23, 1982 Council meeting, which motion was seconded by Councilman Unsworth and. carried by unanimous consent. l~ ~ c. At this time, 11 :30 p.m., the City Council meeting adjourned to the Redevelop- ment meeting. ,.....~ '-c At this time, 11:49 p.m., the City Council meeting was reconvened and the Mayor called the meeting to order. PUBLIC COMMENTS Mayor Stewart asked if the gentleman who wished to speak earlier on Item #56 was in the audience. Mr. Don Summers stated he was the person who tried to address Council on Item #56. Mayor Stewart informed him that since the item had been withdrawn at. the request of the applicant, they couldn't receive comments on it at this - time, but that .if he wished to comment on something for the betterment of the City he could do so. Mr. Summers remarked on the sewer line at Minthorn. Mr. Summers was told to give his name to the City Clerk and when Item #56 was agendized again he would be notified and he could appear at the meeting and spe?~ on the subject. Mr. Larry Knight addressed Council regarding persons not stopping at the stop sign at Collier next to the property the City is interested in having appraised. Ma.yor Stewart requested staff look into this matter and determine if something can be done to the road to make drivers more aware of the stop sign. Mr. Knight also spoke on building of condominiums and stated that usually too many were permitted to be built and apartments were permitted to convert to condo- miniums. He wouldn't like to see that happen here. Mr. Lee Allen addressed Council and stated he agreed with the statements Mr. Knight had made regarding the stop sign on Collier Avenue. Mr. Tom Jessup, Vice President of the Elementary School Board, commented on the results of the School Districts and developers meetings. -10- 122 Page eleven City Council Minutes February 9, 1982 PUBLIC COMMENTS - Continued Mr. Mark Laporte, Elementary School Board Trustee, spoke on the school mitigation impact problem and of attending the same joint meeting between the School Boards and Developer on February 8, 1982 that Councilman Torn reported on earlier. Mr. Clark Kane, High School Board Trustee, spoke on the same issue as Mr. Laporte, expressing the same sentiments as those just noted. -,-J':: . ( REPORTS AND RECOMMENDATIONS Mayor Stewart inquired if any Council member or any member of staff had a report he wished to give. He received no response. ADJOURNMENT With no further business to come before the Council, it was moved by Councilman Unsworth, seconded by Councilman MacMurray and unanimously approved that the meeting be adjourned at this time, 12:09 p.m., to the next regular meeting on February 23, 1982. /'/ Respectfully submitted, By Ruth Edwards, . Deputy City Clerk ...., L., ~_. ----- CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 23, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 123 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:32 P.M. by Mayor Jerry H. Stewart. PLEDGE OF ALLEGIANCE l' The Pledge of Allegiance was led by Councilman Unsworth. ROLL CALL PRESENT: COUNCILMEMBERS: TORN, MAC MURRAY, UNSWORTH, STEWART ABSENT: COUNCILMEMBERS: NONE CD 01 C\I W (]J <t At this time Mayor Stewart announced a new staff member, Deborah Harrington. Deborah has been appointed as the City of Lake Elsinore's new City Clerk. Debbie has been employed by the City of San Marcos as a Deputy City Clerk since February, 1979. The audience and Council welcomed Ms. Harrington aboard. Mayor Stewart also announced Sheila Randall, student, member of F.F.H., wi~ner of Miss Frontier Rodeo Days, Hemet Farmer's Daughters Contest and 1981 Frontier Rodeo Queen Contest. Mayor Stewart presented Miss Randall a certificate of appreciation from the City of Lake Elsinore. Miss Randall thanked the Valley for their support. Also introduced was Terry Cisco, a Junior High School Student. Terry is auditing the City Council meeting, at Councilman Torn's request, for his civics class. ~..... CONSENT CALENDAR i MOVED BY TORN, SECONDED BY UNSWORTH, AND DULY CARRIED, THE FOLLOWING ITEMS WERE ~ APPROVED. 4-0. f ~~ 111 , L 2. Set for Public Hearing on March 23, 1982: a. Zone Change 81-5, Pacific Planning Group - N/W of Intersection of Highway 74 and Interstate 1-15. 3. Pedestrian Bridge on limited Street. 5. FY 81/82 Article 8 Claim (S.B. 325, 1971) for Local Streets and Roads: Resolution 82-11. 6. Request for Signing Agreement - 29170 Riverside Drive. 8. Grant Deed of Dedication of Leach Canyon Channel. ITEMS REMOVED FROM CONSENT CALENDAR 1. Councilman Unsworth requested clarification on denial of Item 38, Public Hearing on the meeting held February 9, 1982. Minutes approved as presented by motion Councilman Unsworth, seconded Councilman ~acMurray. Approved 4-0. 4. Request for Business License: Secondhand Furniture Store - Janet and Mack Culp, 16876 Lakeshore Drive. By motion Councilman Unsworth, seconded by Councilman MacMurray, request for business license approved subject to four conditions. (#4 Stipulate that all merchandise offered for sale be housed unless being transported). 7. Specifying Division of Property Tax: Resolution 82-12. Correction of Staff's report on background to read: November 30, 1981, not 1982, and questioning of correct date on proposed resolution item 3 of tax purposes beginning July 1,1980. Staff stated the tax purposes would commence on July 1, 1980. With correction on staff report, motion Councilman Unsworth, seconded Councilman MacMurray and duly carried. Approved 4-0. ~' r l Page Two City Council Minutes 124February 23, 1982 ITEMS REMOVED FROM CONSENT CALENDAR - (continued) 9. Extension of Time - Tract 15020 - Shafer's Parking Lot Sales. Approved as presented with added condition #5 to read IIApplicant to pay all future Public Safety Feesll, motion Councilman Unsworth, seconded by Council- man Torn and duly carried. Approved 4-0. 10. Claims for Damage to Private Property - purportedly due to road hazards on City Streets. Councilman Unsworth would request appropriate decision of approval/denial on the flow sheets given to the public be more explicit. It would appear the request is approved, as written on the flow sheets. But actually, the decision is to deny, thus approving staff's recommendation. With that, motion Council- man Unsworth, seconded Councilman Torn to deny request and refer to City Attorney. Denied 4-0. At this time Mr. E.J. Carter questioned Consent Calendar Item #5. Discussion was held and questions were answered. ....J . ... l Mayor Stewart announced that due to the attendance of public for Item #59 - Tentative Tract Map 17413 and Zone Change 81-4 - Canyon Lake Hills - A.B.C. Heritage, this item would be heard at this time. 59. Mr. Flora, Superintendent of Elsinore School District gave report on figures needed to relieve overcrowding of the Elsinore Schools. Engineer, Wesley Highland, representing A.B.C. Heritage, commented on the receipt of doucment from the schools on proposed alleviation of overcrowding and finds the amounts to be in excess. Great discussion was held between the School and Heritage representatives. It was this Council's suggestion that the developer and school representatives adjourn to another room and hopefully come to a final agreement. --... , At 8:42 P.M. the Chair called a recess.- At 9:00 P.M. the Redevelopment Agency/City Council was called to order. At 9:08 P.M. the City Council reconvened. ....J '-- PUBLIC HEARINGS 32. Tentative Tract Map 18211 - Kulberg Construction LTD; S/E of Intersection of Lakeshore Drive and Terra Cotta Road. Mayor Stewart opened the public hearing at 9:11 P.M. Present to speak in favor were Fred Crowe, representing Kulberg Construction and Dick Murphy. Hearing no one else, the hearing was closed at 9:16 P.M. Discussion was held regarding drainage along Shirley Street to existing dwellings. Fred Crowe gave explanation of proposed drainage. ~otion Councilman Torn, second Councilman Unsworth to ap?rove Tentative Tract Map 18211 subject to the following 30 conditions: Approved 4-0. 1. Lakeshore Drive a. Dedicate to provide for 50 foot half street right-of-way. b. Install curb and gutter 38 feet from street centerline. c. Construct standard roadway between new curb and street centerline. 2. Terra Cotta Road a. Dedicate for 30 foot half street right-of-way. b. Install curb and gutter 20 feet from street centerline. c. Construct standard roadway between new curb and street centerline. ~ 3. Interior Streets a. Dedicate for 30 foot half street right-of-way. b. Install curb and gutter 20 feet from street centerline. c. Construct standard roadway between new curbs. d. All cul-de-sacs shall be designed in accordance with the appropriate standards and dedications shall be made according~y. ~ Il CD OJ C\J W CD <( Page Three City Council Minutes February 23, 1982 125 PUBLIC HEARINGS -(Continued) 32. Tentative Tract Map 18211 - (Continued) 4. Construct standard sidewalk on all streets. 5. Install ornamental street lights. 6. Form Landscaping and Lighting District. 7. Dedicate water rights to City of Lake Elsinore. 8. Obtain "will serve" letter from water district which will provide service to subject property. 9. Obtain necessary clearance from the Regional Water Quality Control Board for waste discharge. 10. Provide adequate drainage facilities as well as storm run-off acceptance letter where required. 11. Install water system to provide service to each parcel. 12. Provide fire protection as required by Fire Marshall. 13. Form street maintenance district. 14. Street structural sections shall be designed. a. T1 = 7 for Lakeshore Drive and Terra Cotta Road b. T1 = 5 for all interior streets. 15. All improvements shall be designed by owner's civil engineer to the specifications of the City of Lake Elsinore. 16. Submit soil engineering test as may be required by the County Health Department. 17. Trailers or mobile homes utilized during the construction phase of this project shall be approved by the Planning Director. . 18. Applicant shall submit a map identifying Phase 1 and Phase 2 separating the lots to be recorded and those not to be recorded as part of the present City property and that all the improvements will be bonded for, whether in the City or County. Zoning for the property to be annexed shall be R-1. Applicant shall enter into an agreement with the Elementary and High School District to off-set overcrowding. Applicant shall provide transit facilities near the intersection of "E" Street and Lakeshore Drive to be approved by the Design Review Board. Applicant shall bond for drip or sprinkler irrigation system. If the major improvements for this tract are bonded for this ixem shall be included. App1ic~nt shall meet all requirements of Ordinance 572. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motorhomes, trailers and trucks over one ton capacity. Install standard block wall adjacent to Lakeshore Drive with planter spacing to be approved by the Design Review Board. A finding of conformity to the existing General Plan and all future elements to be adopted. A finding of no signigicant impact. Issuance of a negative declaration. Tentative approval until residential moratorium is explred. Applicant to pay all future Public Safety Fees. 19. 20. ".--.- 21. k 22. I... 23. 24. 25. 26. 27. 28. 29. 30. ,L... I L BUSINESS ITEMS 51. a. Nonconforming Use Ordinance - Ordinance No. 633 Motion Council Torn, second Councilman Unsworth to read by title only. Deputy so read. Motion Councilman Torn, second Councilman Unsworth to approve Ordinance No. 633 by the following roll call vote: Councilman Torn AYE Councilman Unsworth AYE Councilman MacMurray AYE Mayor Stewart AYE Second reading approved, 4-0. b. Revision to Parking Ordinance: Ordinance No. 634 Motion Councilman Torn, Second Councilman Unsworth to read Deputy so read. Motion Councilman Torn, second Councilman Ordinance No. 634 by the following roll call vote: Councilman Torn AYE Councilman Unsworth AYE Councilman MacMurray AYE Mayor Stewart AYE by titl e only. Unsworth to approve Second reading approved, 4-0. G f" ..........' L Page Four City Council Minutes 12ftebruary 23, 1982 BUSINESS ITEMS - Continued). 51. c. Grading Ordinance establishing criteria for excavation, grading, earthwork construction, fills and embankments: Ordinance No. 636. Motion Councilman Torn, second Councilman Unsworth to read by title only. Deputy so read. City Attorney stated ordinance is in substantial form as approved in first reading. Fees would be adopted by resolution at a later date. Motion Councilman Torn, second Councilman MacMurray to approve Ordinance No. 636 by the following roll call vote: Councilman Torn AYE Councilman Unsworth AYE Councilman MacMurray AYE -r- Mayor Stewart AYE Second reading approved 4-0. 52. One-Time Grant Funding for Senior Center Office Equipment: Resolution No.82-13 Motion Councilman Torn, second Councilman MacMurray to adopt Resolution 82-13 approving City requests for one-time funding (Title IIIB) for Office on Aging. Additionally to authorize City Manager to sign application for the City. 53. Contract between Riverside County and Lake Elsinore for re-surfacing Corydon Street. Motion Councilman Torn to draft Resolution to the County of Riverside expressing interest for funding of bike lane, second Councilman Unsworth. 4-0. Motion Councilman Torn to execute the contract with the County on bike lane, second Councilman Unsworth. 4-0. Motion Councilman Torn to execute the contract with the County of Riverside for paving of Corydon Road, second Councilman Unsworth and duly approved. 4-0. Agreements for improvements along frontage of Corydon Road to be enacted by the City from the property owners. Concensus. Condominium Conversion: Resolution No. 82-14. Motion Councilman Torn, second Councilman Unsworth to approve Resolution No. 82-14. Approved 4-0. 54. 55. -- ""'-- Outflow Channel Project. Engineer Kicak explained public input meeting held to gain insight as to the desire of the public for outflow channel. Concensus of property owners was that the City should consider acquiring the property along the channel to maintain the existing facility. In addition to reasonable width of roadway along channel for maintenance purposes. Owner's also desired the City to take over the maintenance responsibility, once the right-of-way is acquired. City Engineer recommended three-tasks: 1) The City Engineer's Office be authorized to prepare the legal description for the flood way as it can be identified by the mapping that has been completed and a twenty foot maintenance access road. 2) The City Manager's Office be authorized to hire an appraiser to determine the fair market value of the property within this flood way. 3) The City Manager's office be authorized to send written purchase offers to the property owners for the full amount the City determines would be just compensation. It is the desire of this Council to obtain bids for the appraisals and this item to be re-agendized to the next regular Council meeting. Concensus. 56. Authorize call for bids - Construction of Water Well and Test Pumping Existing Well. Motion Councilman Unsworth, second Councilman MacMurray to authorize adver- tising for bids for the construction of water well and test pumping of an - existing well on Machado Street. Discussion was held to possible wells avai1abl around the valley and authorization to discuss with E.V.M.W.D. to wheel ~ whatever existing water that may be available to the City through E.V.M.W.D. pipeline. Water would be pumped into loop1ine (LV.M.W.D.) payment would occur, water would be taken to City Yard location and monies would be paid to E.V.M.W.D. for use of pipeline. Motion Councilman Torn, second Councilman Unsworth to authorize contractwith E.V.M.W.D. for use of pipeline and test pumping of possible wells. Costs for authorized contract and test pumping not to exceed $2,000.00 without first obtaining additional City Council approval. Approved 4-0. "c- l' OJ OJ C\I W CD <x: "s;;:: \... Page Five City Council Minutes February 23, 1982 127 BUSINESS ITEMS - Continued. 57. Farmers Home Administration Loan (FmHA): Water System Improvements. Motion Councilman Torn, second Councilman Unsworth to approve contract agree- ment for Engineering Service between City and Kicak & Associates, and undertake the necessary tasks to submit formal FmHA Loan Application by 3/1/82. Budget not to exceed $6,500.00. Approved 4-0. 58. Quail Drive Master Plan. Staff gave presentation of proposed condominium Tract Map to include 14 units off of Joy Street. Future Master Plan Street for Quail Drive was dis- cussed and presented by slides. Readjustment of proposed tract was also discussed, due to proposed extension of Quail Drive. Several proposals re- garding alternative street plan were discussed. Possible Zone Change from Commercial to Residential was also discussed. Questions were asked regarging existing development within the proposed street plan. Traffic flow of re- sidential and commercial, buffer zone between and noise were factors to be considered. Three alternatives were discussed regarding conformance to pro- posed street plan when development occured, use of Lot #9 and/or Lot $14 (Kavanagh & Hatch); proposed alternatives to be prepared with cost figures by staff for alternatives. Motion Councilman Torn, second Councilman Unsworth to approve Tentative Tract Map 18239 and Conditional Use Permit 81-20 subject to fifteen conditions on CUP and twenty three conditions on Tentative Map 18239, approved 4-0. CONDITIONS OF APPROVAL (15) FOR CONDITIONAL USE PERMIT 1. Applicant shall construct the proposed condominium project in accord with the requirements of the Design Review Board. 2. A-1 exterior lights necessary for the subject building and property be placed and fixed so as not to shine out onto any adjacent structure in the subdivision or any surrounding development in any manner so as to provide a nuisance or hazard to road traffic or affect the living en- vironment of the area. 3. CC & R's shall contain the following language, "In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by 1aw." 4. The homeowner's association shall be established prior to the sale of the last dwelling units. 5. Membership in the homeowner's association shall be mandatory for each buyer and each successive buyer. 6. Applicant shall submit to the Planning Department a copy of the final condominium documents, including those portions of the CC & R's that apply to the conveyance of units, the assignment of parking and the management of common areas within the project before approval of the final map. The Planning Department and City Attorney shall approve and record said CC & R's. 7. That all roof-maintained or ground-supported st~uctures and equipment incidental to the development be architecturally screened so that they are not visible from the neighboring property or the public street, with such screening subject to approval of the Design Review Board. Except for strictly interior modifications to individual units, no sub- stantial structural alterations, except for incidental maintenance, shall be made to any of the existing residential or common areas, unless plot plans and elevations are submitted to the Planning Department and a finding of substantial conformance is made. Parking shall be covered and uncovered as indicated on the approved plot plan and all signs shall conform to the City's Sign Ordinance. Applicant shall comply with all noise level regulations of the City. Applicant shall comply with all applicable ordinances of the City. Applicant shall enclose the project with a six (6) foot high b10ckwa11 of a type selected by the Planning Director. Payoff or split any outstanding sewer bonds. CC & R's shall include a provision specifically disallowing exterior television antennas. The CC & R's shall include a provision prohibiting outside uncovered and enclosed, storage boats, trailers, recreational vehicles and trucks more than one ton rate of load capacity. r r........................ t L Page Six City Council Minutes 12ffebruary 23, 1982 BUSINESS ITEMS - Continued. 58. Quail Drive Master Plan - (Continued) CONDITION OF APPROVAL (23) FOR TENTATIVE TRACT MAP 18239 1. Dedicate to provide for 321 half street. 2. Install curb and gutter 20' from street centerline. 3. Construct standard roadway between new curb and street centerline. 4. Construct standard sidewalk. 5. Install ornamental street lights. 6. Install sanitary sewer to serve property. 7. Dedicate water rights to the City. 8. All improvements to be designed by owner's civil engineer to the speci- fication of the City. 9. Provide adequate drainage facilities. 10. Comply with all requirements of the Riverside County Fire Department. 11. Comply with Uniform Fire Code 13.301. 12. Pay all applicable fees at building permit stage. 13. Provide a letter of water availability. 14. Meet all requirements of Ordinance No. 572. 15. Finding of no significant impact upon the environment. 16. Issuance of a negative decl aration. 17. Trailers or mobile homes utilized during the construction phase of this project shall be approved by the Planning Director. 18. A finding of conformity to the existing General Plan and all future General Plan Elements to be adopted. 19. Provide for lighting and landscaping assessment district for property. 20. Applicant shall enter into an agreement with the Elsinore Union School District and Elsinore Union High School District. 21. Provide no more than 20 units per acre by changing 4 units of Type C and D to 2 units of Type B. 22. Tentative/tentative approval until residential moratorium has expired. 23. Applicant shall pay all future Public Safety Fees. At 10:37 P.M. the Chair called for a recess. At 10:42 P.M. City Council reconvened and adjourned to the joint Redevelopment Agency/City Council by motion Councilman Unsworth, second Councilman Torn and duly carried. The joint meeting adjourned at 11:10 P.M. to the regular City Council meeting, Item 59. 59. Tentative Tract Map 17413 and Zone Change 81-4 - Canyon lake Hills - A.B.C. Heritage (continued from earlier tonight). T ...,j "- Mr. John Brown, legal representative for the Elsinore School District and Wesley Highland, representative for A.B.C. Heritage reported that negotia- tions have reached a closer point, however, not resolved. Discussion was held to appointing a neutral person to resolve the problem. legal Counsel Brown stated, for public record as requested from the Elsinore School District and the Elsinore High School District, that IIthey respectfully request that the City Council deny Tentative Tract Map 17413. Since this City Council's adoption of interim Ordinance No. 632, the School District's Board and staff have worked in negotiating acceptable agreements with A.B.C. Heritage, the developer of Tract.17413, to mitigate the adverse effects that this project will have on lake Elsinore's Schools. The draft agreements regarding the developer's assistance with necessary educational facilities for our students have been prepared and distributed to the developer, as indicated and discussed, the Developer and School District approval of these agreements may be... a matter of only a day or two away. It was hoped to conclude the negotiations, prior to the expiration of the City's moratorium (3/9/82). _ Should the City choose, in the absence of the agreement, to approve TTM 17413, it would make it difficult, impossible; for the School District to achieve ~ acceptable agreements with A.B.C. Heritage. This is reasoning for the - School District's and governing boards wishes to repeat in substance, their findings of 1981-82-06, resolution no. 1981/82-05 and resolution no. 1981/82~06, approval of this tract map this evening without appropriate mitigations, will create additional impaction and severely increase our . school problems. It is the School's desire to reach an acceptable agreement with A.B.C. Heritage, efforts have been made in the extreme. Should approval be granted without sufficient legal mitigation, it is the-School Board's con- clusion that adverse environment impacts, which have been ignored as part of this project, have been neither mitigated nor avoided will be permitted. "... t CD en C\J w en <( "--' .... J- '-- "'"" Page Seven City Council Minutes February, 23, 1982 129 BUSINESS ITEMS - continued. 59. Tentative Tract Map 17413 and Zone Change 81-4 - Canyon Lake Hills - A.B.C. Heritage - continued. Nor have specific economic and social or other considerations, which makes such mitigation feasible, been identified. This project is not in conformance to the Subdivision Map Act, California Environmental Quality Act or the California Governmental Code requirements with respect to development agree- ments. Concluding: if this map is approved, the School Districts will not have the financial resources to provide the necessary educational facilities for it I s students. II Mr. Wesley Highland spoke regarding agreement with School District, understanding to either provide or build school facilities necessary and/or provide monies necessary. Questions and answers were exchanged between all parties concerned. Applicant, A.B.C. Heritage, has requested an adjourned special meeting to be held Friday, February 26, 1982 on agreeded time of 4:30 P.M. to present solution(s) of School and City requirements. Council and School Board so noted and accepted set date and time. Adjourned to February 26, 1982 at 4:30 P.M. approved by concensus. It was so expressed by this Council, decision would be made at that date. PUBLIC COMMENTS Everett Manfredi, President of the Lake Elsinore Valley Board of Realtors commented on his concern, due to statement of Realtors within the Valley giving information not necessarily true. Mayor stated he would talk to Mr. Manfredi after the meeting regarding his statement. REPORTS AND RECOMMENDATIONS Director Blackford commented on the contract of an electrician. City Manager Rede commented on Auditing Firms. Council so expressed the approval given to City Manager Rede regarding the hiring of Firms. Also forthcoming will be the selected firm to conduct auditing for the City, for approval. Director Morrissey commented on study session to be held February 24, 1982 regarding Canyon Lake Hills. Council so noted. City Attorney is requested to be present at the adjourned special meeting, February 26, 1982, 4:30 P.M. City Attorney so noted. With no further business appearing, this regular Council meeting is adjourned to February 26, 1982 at 4:30 P.M., by motion Councilman Torn second Councilman MacMurray and duly carried, 4-0. Respectfully submitted, Angela M. Basch Deputy City Cler~ Approved, Manuel A. Rede City Cl erk 130 t ...., "- . ~ ,.-c;. . Lake Elsinore, California 131 February 26, 1982 The special meeting of the City Council of the City of Lake El!inore, Calif- ornia, was called to order at 4:30 p.m., Friday, February 26, 1982, in the Council Chamber of the City Hall, 130 South Main Street, Lake Elsinore, Calif- ornia, Mayor Jerry H. Stewart presiding. ROLL CALL PRESENT: Councilmen MacMurray, Torn, Unsworth and Mayor Stewart ABSENT: One Vacant Seat l Other City Officials present: en OJ C\J w en <( ~ '- ,... L-. Manuel A. Rede, City Manager; John M. Porter, City Attorney; Joseph Kicak, City Engineer; Jim Morrissey, Planning Director and Dwayne Frazier, Building and Safety Director. BUSINESS ITEMS 1. TENTATIVE TRACT MAP #17413 and ZONE CHANGE #81-4: CANYON LAKE HILLS - A.B.C. HERITAGE. (Continued from 2-23-82 Council Meeting) Mayor Stewart called on Planning Director Jim Morrissey for any information he wished to present on above subject matter before Mr. Hylen of A.B.C. Heritage addressed Council. Planning Director Jim Morrissey responded that he had been contacted by an owner of property adjacent to subject development who is concerned about the road that runs parallel to the San Jacinto River and Mr. Morrissey asked Mr. Hylen to reply to this inquiry. Mr. Hylen stated that this road is an existing access along the channel right-of-way and they are just tying into that existing access. At this time, Mayor Stewart called on Mr. Wesley Hylen to present any further information he might have governing his request for approval of subject Tenta- tive Tract Map and Zone Change. Mr. Hylen stated he had provided members of the Council and the School Districts with copies of the school agreements, two copies of which were signed, and had also provided the City Attorney John Porter with the amendments to the Developer's Agreement to reflect the change to the frontage road. Considerable discussion then ensued between members of the Council, the City Attorney, City Manager, Planning Director, City Engineer, Building and Safety Director, school officials and members of the audience regarding conditions for granting subject request. After discussion and amendment of Conditions #1 through #7, Mayor Stewart asked the school representatives if they'd read the agreements given them by Mr. Hylen and if they were satisfied. -Mr. John Brown, attorney f9r the School Districts, answered that they needed to be studied and because of the Brown Act would need to contact members of the School Boards for a meeting and decision regarding the agreements, and that the earliest that this could be completed was Monday, March 1,1982. They would then be able to come back before the Council on Tuesday, March 2, 1982 with a decision. Mayor Stewart called a short recess for an Executive Session to receive informa- tion from the City Attorney regarding the legal implications for proceeding with the development. Upon reconvening, the City Clerk/City Manager Manuel A. Rede noted the return of all members to their places at the Council table. Mayor Stewart then called-for the resumpti0n of the prior discussions with Condition #8. These deliberations continued with amendments to and renumbering of the 37 conditions. c f.0 ~.. . l 132 Lake Elsinore, California February 26, 1982 By consensus Of the Council, the Planning Director was directed to have the 37 conditions re-typed in their new format for presentation at the adjourned special meeting on Tuesday, March 2, 1982, for final determination. With no further discussion forthcoming, it was moved by Councilman Torn, seconded by Councilman MacMurray and unanimously approved that the meeting be adjourned at this time, 9:00 p.m., to an adjourned special meeting on March 2, 1982, at 5:05 p.m. APPROVED: / / -2- Respectfully submitted, T By Ruth Edwards, Deputy City Clerk --- ~ ~ - l ~ lGJ .tJ en <( ~: '- ~ ~ L- CITY OF LAKE ELSINORE ADJOURNED SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 2, 1982 5:00 P.M. CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 133 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. The adjourned special meeting of the City Council was called to order at 5:10 p.m. by Mayor Stewart. 2. Call to order: PRESENT: ABSENT: COUNCILMEN: COUNCILMEN: TORN, UNSWORTH, MACMURRAY, STEWART NONE Also present were: City Manager Rede, City Attorney Porter, Planning Director Morrissey, City Engineer Kicak and City Clerk Harrington. 3. Business Item: 1. Tentative Tract Map #17413 and Lake Hills - A.B.C. Heritage. 1982 Council Meeting) Zone Change #81-4: Canyon (Continued from February 26, Jim Morrissey reported that there is a packet of information containing previous reports, letters and conditions of approval. The Memo dated March 1, 1982 from Planning Director Morrissey is the last est set of approved conditions on this tract as of the February 26, 1982 City Council meeting. Jim Morrissey reported that he has met with Boyle Engineering along with the City Engineer regarding the 50' roads which were addressed at the last City Council meeting and believes that they would like to address this again, they have put up a diagram regarding the possible changes from 60 foot roads which the City requires to 50 foot roads. Mr. Wesley Hylen, Post Office Box 2471, Riverside, addressed the Council regarding this project. Hylen stated they have submitted the tentative tract map with 50 foot street right of ways, some of the streets are single loaded streets, collector streets or streets that they feel should have curb and gutter on both sides, specifically they are 50 foot streets with a 36 foot improvement. They were initiallY planning to go from a 40' street to a 50' street not to the 60' street. The 60' street would cause problems with the layout of the tract. At this time Hylen asked the Council to consider this request. Mr. Hylen stated that there may be a problem with Condition #7-A, in regards to a possible misunderstanding between the City and the Water District in regards to the sewer plant. Joe Kicak felt the issue regarding the street widths was one of whether or not the Council wanted to vary from the ordinance. We have a standard and a general plan in effect with the minimum street widths of 56 feet. Kicak discussed the map which was presented and the widths of streets, curbs and sidewalks. Jim Morrissey suggested that an easement could be used to increase the so-called right of way from 50' to 60'. This would be a 5' _easement on both sides of the street. Mr. Hylen stated that the granting of an easement would also minimize grading. The wider the right of way, the more grading that must be done. Mr. Torn felt that 50' streets would be adequate from the single loaded streets but feels that the double streets should be 60'. CITY COUNCIL MINUTES 13j.djourned Special Meeting ~arch 2, 1982 Page two 3. Business Item: Tentative Tract Map #17413 and Zone Change 81-4. Continued. Discussion was held on the possible requirements of the Post Office as to placement of mail boxes. Mr. Porter stated that from a liability situation there is no particular problem with changing the widths of the streets. r' Jim Morrissey stated that the City has adopted the Riverside County Standards in regards to street widths. The land use map itself does designated the various road widths, does not go below the collector street which is 66". Mr. Porter will check the code books to see if a variance is required in order to change the widths of the streets. Mr. Unsworth questioned the conditions in the original contract, which are not listed in the Conditions of the Tract Map. The requirement to purchase a fire engine and other equipment and the other requirement was to build two little league fields. Mr. Torn stated that the little league fields would be installed upon request. At the present time there is a tremendous demand on the fields which are existing. The Council felt that anything not discussed in the revisions, then the development document would be the over-riding document. Mr. Rylen stated that the only change they are seeking in the agreement is Railroad Canyon Road. "to the park site Joe Kicak stated that he has some standards~hich should be considered: one being the graded roadwa~/'hich Wa~ discussed last week. The section proposes 24' graded roadway with v- ditches along side, he would like to at this time add that this section provide culverts which may be necessary to pro- tect the erosion of the roadway. Condition #31 should "provide for necessary culverts". --' ~- Mr. Rylen stated that he has talked to the School District regarding the School Boards recommendation for eight additional conditions: extending the terms of the option, which was agreed to with three options for renew~l for a total of 20 years instead of five years; they wanted to reduce the annual rental to a nominal sum which was changed to $6,000; the school district wanted Section 3.6.3.~ changed to read -that the School District would have the option to purchase the proper~y at any time for a nominal ree. The developer did not agree to this. 3.10, the phrase "upon recordation of first final tract map" was added; 3.11, the School District had a problem with the possiblity if they received funds from other developers that was used in the particular school site, we might want to claim that, so we added: "except school fees collected from ~ther developers"; Section 3.12, the School District wanted the escalation clause to start on January 1, 1983, however, the developer feels that they will not be started before then, so they have changed the agreement to reflect 1987, from September 30, 1992. ~.I Dr. Flora, Superintendent of Schools, stated that the agreement and res~lution being passed out was their approved documents and they question the validity of any other documents which has not been approved by the School District Attorney and the School Board. Dr. Flora proceeded to read the Resolution to the Council. Mr. Rylen stated that the agreement is not acceptable to the Developer. Re feels that the School wants all the money upfront, which is contrary to what was agreed upon before. The School District has not listed the items which they will do such as: - 1 OJ OJ C\J W CD <t ".- " ...... L-. CITY COUNCIL MINUTES Adjourned Special Meeting March 2, 1982 Page three 135 3. Business Item: Tentative Tract Map #17413 and Zone Change 81-4. Continued. -filing application to seek state funds. Asked that the City Council approve the agreement which the developer has presented. He feels it is fair, subject to the changes on page five. Mark LaPorte, member of the School Board, stated that if this agreement is not approved and the city approves the original agreement that some type of legal action would be forth coming by the School's Attorney at the request of the Board. He felt that section 3.16 of the Developers Agreement would not be satisfactory to the School District. Mr. Nixon, Attorney for A.B.C. Heritage, stated that in essence if the City Council approves their agreement and the tract map, they are bound by the agreement, but if the Council does not approve the tract map based upon the agreement, then the agree- ment is void. Mr. Nixon stated you cannot have an open-end contract. Mr. Porter reported that the street widths, distances between intersections and any other matters which vary from our standard ordinance will have to be the subject of the variance proceedings. If they are conceptionally acceptable to Council then add as an additional condition to approval that the developer process and sucessfully complete variance proceedings concerning street widths, street intersections and any other category which is not mentioned. MOVED BY TORN, SECONDED BY UNSWORTH TO APPROVE THE TRACT MAP #17413 SUBJECT TO 37 CONDITIONS AS PRESENTED IN THE PACKET DATED MARCH 2, 1982, CONDITION #38 - DEVELOPER TO PROCESS AND COMPLETE VARIANCES CONCERNING STREET WIDTHS AND INTERSECTIONS AND THE TECHNICAL THINGS THE ATTORNEY MADE REFERENCE TO; #39 - PREFERENCE THAT IN EXCHANGE FOR CITY COUNCIL AGREEMENT TO PERMIT A CHANGE IN ACCESS ROADS FROM RAILROAD CANYON TO MAIN AND FRANKLIN STREETS, THE CITY WILL REQUIRE THE FOLLOWING: a) THE FULL AND GOOD FAITH EFFORTS OF A.B.C. HERITAGE TO ASSIST THE CITY'S REDEVELOPMENT ~GENCY THROUGH THE PURCHASE OF, OR ASSISTANCE IN THE PLACEMENT OF, REDEVELOPEMENT AGENCY BONDS. b) TO THE MAXIMUM EXTENT POSSIBLE, ASSIST THE LOCAL ECONOMY THROUGH PURCHASES FROM LOCAL VENDORS, HIRING OF LOCAL RESIDENTS, AND PROCESSING OF CORPORATE FUNDS THROUGH LOCAL FINANCIAL INSTITUTIONS. c) IF SCHOOL CONSTRUCTION FUNDS SHOULD BECOME AVAILABLE FROM ANOTHER SOURCE WHICH WOULD CAUSE SCHOOL MITIGATION FEES TO BE REIMBURSED BY THE SCHOOL DISTRICT, THEN A.B.C. HERITAGE AGREES THAT SUCH REIMBURSED FEES SHALL BE SHARED EQUALLY BY A.B.C. HERITAGE AND THE CITY REDEVELOPMENT AGENCY. #40 - THE DEVELOPER WILL ENTER INTO AGREEMENTS TO MITIGATE SCHOOL IMPACTION PROBLEMS WITH THE ELSINORE SCHOOL DISTRICT - AND THE ELSINORE UNION HIGH SCHOOL DISTRICT WITHIN THE CITY. #41 - THE DEVELOPER WILL PROCESS AND SUCCESSFULLY COMPLETE AN AGREEMENT TO THE DEVELOPMENT AGREEMENT ELIMINATING OR CHANGING THE SOUTHERLY ACCESS FROM RAILROAD CANYON ROAD TO FRANKLIN AND MAIN STREET. #42 - THE ZONE CHANGE WILL BE APPROVED CONCURRENTLY WITH THE APPROVAL OF THE TRACT MAP #17413. MOTION DID NOT CARRY FOR LACK OF A VOTE, DUE TO THE APPLICANT1S WITHDRAWAL OF REQUEST. CITY COUNCIL MINUTES 13~djourned .Special Meeting March 2, 1982 Page four 3. Business Item: Tentative Tract Map #17413 and Zone Change 81-4. Continued. Mr. Torn was concerned that all the conditions in the original agreement not changed by the new conditions will still be in effect. Such as the fire equipment and the ball fields. Discussion ensued regarding the agreements and the problems of the School District. The City of Lake Elsinore is only a small fraction of the problem. I .1 r'J' Mayor Steward asked Dr. Flora what has been done to mitigate the problems of county areas ~mpacting on the School District. Dr. Flora stated that he is working on this problem with the County and will be presenting an ordinance at the next council meeting trying to make the fees uniform. In each of the agree- ments there is a pay back feature when and if funds become availabe from the State and at that time, funds will be reimbursed to a good extent. COUNCIL ADJOURNED INTO EXECUTIVE SESSION FOR POSSIBLE LITIGATION MATTERS. COUNCIL RECONVENED AT 7:07 P.M. Mr. Torn reviewed the motion for Council and the public. Mr. Unsworth stated that his second still stands. Mr. Hylen stated that he is representing the developer and asked to withdraw his request for the connection to Main and Franklin Streets. They will abide by the connection to Railroad Canyon, abide by the developers agreement and the requirements therein. They respectfully requested the revision to Exhibit A be amended to add access to Railroad~anyon Road and approval according to the developers agreement. -'" ~ Mr. Porter stated that technically Council could take action on the proposal but it would require a lot of staff time to re-work the conditions, the best thing to do would be to take the request under advisement and reschedule to enable staff to work out the conditions. Mr. Hylen stated that they withdraw the request for access for Main and Franklin and will abide by the original development agreement which is Railroad Canyon access and will work within the terms of that agreement. c ~ <:... '.l ex ~ Mr. Porter stated that the options are deny, .conditionally approve or' approve. Porter did not feel staff was in a position now to make sure the conditions proposed are adequate under these circumstances. The developer in essence is asking for the old development plus the new map. Jim Morrissey stated the conditions may not change that much, but is not in a position at this time to state what the con- ditions will be. ~- Mr. Porter stated that he is not certain that the possibility for litigation is out. This is a new tentative map or at least revised, but we ma~ need a new environmental impact report. - l ro m C\I w en <I: ,..... J- Page five Adjourned City Council Minutes March 2, 1982 137 3. Business Item: Tentative Tract Map #17413 and Zone Cbange 81-4 - Continued. Mr. Porter recommended that this item be continued at the developers request in order to enable staff to study the request of the developer for the original map. Porter stated that the developer may have to re-submit a new map due to the changes in the map, due to access. Mr. Porter stated that the previous motion is now mute, because he has submitted a new plan from the floor. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO CONTINUE TO THE NEXT REGULAR MEETING, MARCH 23, 1982. 4. Adjournment MOVED BY STEWART, SECONDED BY MAC MURRAY TO ADJOURN AT 7:20 P.M. ATTEST: 4?~~~~ AH A. HA R NGT N, CrT CLERK CITY OF LAKE ELSINORE 138 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MINUTES TUESDAY, MARCH 9, 1982 7:30 P.M. CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER. The regular meeting of the City Council was called to order at 7:34p.m. by Mayor Stewart. 1'%': PLEDGE OF ALLEGIANCE. The Pledge of Allegiance to the Flag was led by Councilman Unsworth. Also present were: City Manager Rede, City Attorney Porter, Planning Director Morrissey, City Engineer Kicak and City Clerk Harri ngton. OATH OF OFFICE: DEBORAH A. HARRINGTON, CITY CLERK Mayor Stewart administered the Oath of Office to Deborah A. Harrington for the Office of City Clerk. At this time Councilman Unsworth asked the Council to adjourn the meetin9 of the City Council in order to take up matters under the Redevelopment Agency. CONSENT CALENDAR. -- Council and staff requested that Items lc, 2,7, 10 and 14 be removed from the consent calendar for discussion. MOVED BY TORN, SECONDED BY UNSWORTH TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. AYES: NOES: ABSENT: COU NC ILMEN: COUNCILMEN: COUNCILMEN: TORN, UNSWORTH, MACMURRAY, STEWART NONE NONE 1. Minutes: a. Regular Meeting - February 23, 1982. Approved as presented. b. Special Meeting ~ Febr~ary 26, 1982. Approved as prese~ted. c . Ad j o.u r n e d S P e cia 1 Me e tin 9 - Mar c h 2, 1 982 . Rem 0 v e d fro m - Consent Calendar. 2. City Council Policy Regarding City Council Items. Removed from Consent Calendar. 3. Establishing Voting Precincts and Polling--Places, Appointing Precinct Board Members and Fixing Compensation for General Muncipal Election on April 13, 1982. Approved Resolution No. 82 ( 4. Orderina the Canvass of the General Municipal Election to be held on'April 13, 1982. Canvass to be made by the City Clerk. Approved Resolution No. 82-17. 5. Stipulating the Elsinore Valley Community Development Corporation as Contractor to the City to implement AB 333 Funding. Approved Resolution No. 82-18. - ~- L- 6. Request for Special Permit: Mrs. Dorothy Morisette: Day Care Center - 30801 Wisconsin Street. Approved Special Use Permit. 7. Mapping of Outflow Channel: Copies of Topoqraphic Maps. Establishing Fee for Providing Removed from Consent Calendar. - l CD m C\J w (I) <I: ,,-... \.. ",.... L Page two City Council Minutes March 9~ 1982 139 CONSENT CALENDAR. Continued. 8. Call for Bids: Community Center Improvements: a. Installation of Air Conditioninq and Heating. Council authorized staff to advertise bids for the installation of air conditioning and heating for the Community Center. l b. Installation of New Floor and Basketball Backboards. Council authorized staff to advertise bids for the installation of a new floor and basketball backboards subject to State Parks and Recreation approval of the plans and specifications, and authorization to proceed. 9. Call for Bids: Lease or Rental of Copier Machine. Council authorized staff to advertise for bids for the lease or rental of an office copier machine for City Planning and Building Departments. 10. Proposed New Classification: Community Center Worker. Removed from Consent Ca1endar. 11. Swick Field Bleachers: The Repair of. Council authorized the replacing of all replace missing wood on Lakeshore side. authorized to replace as necessary~ wood side. The estimated cost is as follows: and Labor - $1,700. existing wood and Staff was also brackets. Limited Materials - $2,500 [ 1 1 2. Award of Contract: Selection of Consulting Firm - Planninq Studies. Council authorized the City Manager to enter into contract negotiations with LD King with -a not to exceed 'figure of $11,500. 13. Monthly Report - Code Enforcement Of-ficer and Fire Safe!1../ Housing Inspector - February 1982. ,Report -was noted and filed. 14. Set for Public Hearing (April 13~ 1982). Removed from Consent Calendar. a. Weed Abatement Program: Resolution No. 82-19. b. Tentative Parcel Map #18434: Petrolane Properties - Division of an existing 1.26 acre parcel into two commercial parcels. c. Conditional Use Permit #82-1: Hinkle - Small Boat Rental and Launching on the Lake. ITEMS REMOVED FROM CONSENT CALENDAR. lc. Adjourned Special Meeting - March 2~ 1982. L _ The following changes were recommended by the City Engineer. Page2~ paragraph 9~ insert lito the park sitell on the second sentence after graded roadway. Page 3~ paragraph 3, insert IIdistances betweenll on the first sentence before intersection and eliminate the word 1I1engthsll. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE ITEM #lc. Page three City Council Minutes 140March 9, 1982 CONSENT CALENDAR. Continued. [?~ 2. City Council Policy regardinq City Council Agenda Items. Mr. Carter asked for clarification of the policy. Mr. Rede stated that complaints or problems should be referred to the City Manager for action. If staff can not solve the problem or the problem is not rectified to the satisifaction of the citizen then the item will be placed on the City Council Agenda for Council review. This policy will defray any unnecessary delays in correcting any problems which may arise. -r MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO DIRECT THE CITY MANAGER TO INVESTIGATE AND RESPOND TO CITIZEN COMPLAINTS AND REQUESTS FOR INFORMATION BEFORE PLACING SUCH REQUESTS ON THE CITY COUNCIL AGENDA. 7. Mapping of Outflow Channel: Establishing fee for providing copies of topoqraphic maps. Mr. Kicak, City Engineer, stated that he would like to adjust his estimate in the report submitted to council to reflect the cost to the city for 1 acre of mapping to approximately $87.12 from $42.65. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO APPROVE #7 - TO ESTABLISH A FEE OF $0.002 PER SQUARE FOOT OF AREA MAPPED FOR PROVIDING COPIES OF TOPORGRAPHIC MAPS ALONG, THE CHANNEL RECENTLY COMPLETED FOR THE CITY. F.......;.......'.... 1\ 10. Proposed New Classification: Community Center Worker. Mr. MacMurray recommended that the proposed worker would also schedule Swift Field. MOVED BY MACMURRAY, SECONDED BY UNSWORTH AND CAR~IED UNANIMOUSLY TO APPROVE THE NEW CLASSIFICATION, AND AMEND DUTIES TO INCLUDE THE SCHEDULING OF SWIEK FIELD IN ADDITION TO ACTIVITIES AT THE CENTER. -- Mr. Torn stated for clarification that the new classification is just that, no person is being hired for this position at this time. Mr. J. L. Colms, stated that he had written the Council in January recommending the person be hired on the contract basis. Mr. Porter, City Attorney, also recommended adding to the special requirements'in the job description as follows: II and d r i v -i n g r e cor d ace e p tab 1 e tot h e C i t Y I 's aut 0 mob i 1 e insurance carrier". Council concurred with the Attorney's recommendation. 14. Set for Public Hearing (April 13, 1982). L a. Weed Abatement Program: Resolution No. 82-19. b. Tentative Parcel Map #18434: Petrolane ~roperties. c. Conditional Use Permit #82-1: Hinkle Small Boat Rental and Launching on the Lake. Mr. Stewart recommended that the Public Hearing date be changed to April 14, 1982. April 13, 1982, is the date set for the General Municipal Election. " , ~ MOVED BY UNS~DRTH, SECONDED THAT DUE TO THE ELECTION TO OF THE PRECINCTS WILL BE AT MEETING OF THE CITY COUNCIL 1982. BY MACMURRAY AND CARRIED UNANIMOUSLY BE HELD,ON APRIL 13, 1982, AND ONE CITY HALL, THE REGULAR CITY COUNCIL BE CHANGED TO BE HELD ON APRIL 14, - l CD 0) C\J w en <:( "..... '-- ...... L-. Page four City Council Minutes March 9, 1982 141 PLANNING COMMISSION. 41. Commercial Storage: Lakeside Mini-Storage Park - Southwest Intersection of Corydon and Cereal Streets. Morrissey presented the finding of facts on the proposed Commercial Storaqe Park at the Southwest intersection of Corydon and Cereal Streets. Morrissey recommended approval subject to twenty-three (23) Planning Commission Conditions and nine (9) Design Review Board Conditions. Planning Commission recommended open storage not limited to Recreational Vehicles. [p '-,""'-:' Mr. Unsworth stated he was under the impression that the open storage area would be limited to items on wheels. Mr. Morrissey stated that could be included as Condition #24. Mr. Unsworth recommended that condition #15 be amended to include "no commercial or manufacturing use allowed, storage only". The users of the property should have in writing what they are allowed to do in the storage area. Mr. Morrissey stated the applicant at this time does not want to pave Cereal Street. Mr. Torn stated he would like condition #23 removed and condition #2 to remain as is. Mr. Morrissey reported that the applicant will be paving the area within the fence with 2 inch ac paving over 3 inch crushed rock over compacted grade, typical. Council con~ curred that thjs would be in condition #23. r Mr. Porter recommended that condition #22 also include "and deed notification document of the flood area". MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO APPROVE WITH 24 CONDITIONS. CONDITION 22 - INSERT DEED NOTIFICATION FOR THE LAKE PERIMETER FLOOD AREA. CONDITION 23 (AS PRESENTED) - THE SPECIFICATJONS FOR PAVING OF THE YARD WILL BE TWO INCH A.C. OVER THREE INCH CRUSHED ROCK OVER COMPACTED GRADE, TYPICAL. CONDITION 24 - OPEN STORAGE FOR WHEELED ITEMS ONLY. CONDITION 15 - AMENDED TO INCLUDE "NO COMMERCIAL OR MANUFACTURING USES ALLO~!ED, STORAGE ONLY. BUSINESS ITEMS. 51. Riverside Transit Agency: Presentation by D. L. Rall, General Manager, regarding Route 26 Modification Plan. Mr. Rall presented slides of the proposed change of route of the Lake Elsinore Area including San Jacinto, Hemet, Perris and Riverside. The route is planned to be implemented after approvals by the different communities. Mr. Rall asked Council to approve the proposed route so they can take the route to the Riverside Transit Board. Service to the area would be increased from 3 trips to Riverside to 6 trips per day. L MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO ADOPT IN CONCEPT THE ROUTE AS PRESENTED BY MR. RALL OF THE RIVERSIDE TRANSIT DISTRICT. Mr. Rall stated the fare for riding the buses will increase from 75 cents to $1.10 one way. There are reduced rates for Senior Citizens. Page five City Council Minutes 142March 9, 1982 BUSINESS ITEMS. Continued. 52. Agreement for Collier Street Realignment: Oral Report by City Attorney, Oral Report by City Engineer. Mr. Kicak gave a brief history of this item, also discussed the agreement between the City and Caltrans. [,.~, . :,." The improvement of Collier Street was initially the responsibility of Caltrans. In 1979 HobieRawlings requested the City Council after meetings with Caltrans, that portion of Collier Avenue be deleted through their property. Then Caltrans would turn over any savings to the City of Lake Elsinore, and those funds were to be used at some future date on a route through that property which would be approved by the City or would go for the construction of a route through that area. An agreement to this affect has been executed between the City and Caltrans and the savings to Caltrans was in the amount of $67,000. The money has been received by the City. Mr. Kicak stated that at this time Mr. Rawlings is requesting the Council enter into an agreement with Hobie Rawlings and the City for the use of the funds for the construction at such time they are ready to develop' the property. r ( Mr. Kicak stated after reviewing the transcripts of the meeting of the City Council in 1979 regarding Hobie Rawlings, the Council did agree in concept for entering into an agreement with Hobie Rawlings provided the money is released at the time the project is being developed. Another point Mr. Kicak noted was that the $67,000 savings which Caltrans stated they realized by not developing the route would not construct the roadway. - Mr. Kicak stated that the developer is asking t~at the City enter into an agreement with Rawlings to turn ov~r the $67,000-plus any interest between now and the time of construction of the roadway. Mr. Porter stated the agreement form is basically acceptable, however there is some language which needs to be clarified. Determination of the width of the roadway at 24 feet needs to be done. Another question which needs to be determined is whether or not the developer should receive the interest on the $67,000. Mr. Porter recommended deleting any reference to the alternate roadway being 24' in width and-constructed to city standards. Mr. Bill Rawlings, partner of Hobie Rawlings Land Company, stated in September of 1979, they ag~eed to construct Colli~r Avenue and they stated they would ralse.the roadway to provlde for the needed drainage facilities out of their own funds. L Mr. Rawlings reviewed past discussions on the disbursement of the funds to the developer held by.~.-the City..and whether bonds would be posted if the developer asked for reimbursement after construction of the road. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOU~LY TO APPROVE THE AGREEMENT IN CONCEPT WITH THE LANGUAGE TO BE WORKED OUT BY THE CITY ATTORNEY AND BROUGHT BACK ON THE MARCH 23, 1982 AGENDA. r -- ,,- ~ - l CD 01 C\I W en <( ,-.. \.- ....- L Page six City Council Minutes March 9, 1982 143 BUSINESS ITEMS. Continued. 53. Citizens Request: Donald Summers Mr. Summers reviewed resolutions approved by the City Council and connection to sewer allocations being guaranteed to 523 Minthorn. Mr. Summers asked for verification that his property is in the City Water District not the Elsinore Municipal Water District. Council concurred that he was in the City. Discussion ensued whether the City or the Elsinore Valley Municipal Water District would be the lead agency for the provision of sewer and water. Mr. Summers asked the City to provide him with a letter guaranteeing future sewer connections to hi~ property. Council stated that they could not issue a letter of this sort, they can not guarantee sewer capacity for sometime in the future. Council stated there is a meeting of the Elsinore Valley Municipal Water District this Thursday and that the City will be represented at this meeting to get further answers regarding the possible joint powers agreement between the two agencies and who will be the lead agency. 54. Citizen Request: Extension of Time for Tract #15880 - Irv Jennings. Mr. Morrissey reported that Mr. Jennings is requesting an extension of time for Tract #15880. Mr. Jenning's letter was received after the date to either meet all the conditions of his approved tract map or request an extension of time. r~ Mr. Jennings stated that he did not meet the deadline for the time extension request because he was going by the date of the letter notifying Rim of his conditions, not the date of the meeting. Mr. Porter stated that he did not ~ee how the City can grant the time extension to Mr. Jennings. Mr. Porter will review the request further. Council concurred to continue for two weeks. Mr. Unsworth stated that in the future he would like to see a map_of where the reqoest is located. Mr. Unsworth would like to know more specifically where the tract is proposed. 55. Tentative Tract Map #17413 and Zone Change #81-4: Canyon Lake Hills - A.B.C. Heritage. (Continued from 3/2/82 Special Meeting. ) Mr. Morrissey gave a brief background of the tract map and the meetings by the City Council. l Mr. Rede stated that the School District and the Developer have come to an agreement. Mr. Rede stated however that this item will need to come back to the Council on March 23, 1982. The conditions of the March 2, 1982 meeting for Tract #17413 were reviewed and discussed. Mr. Hylen expressed concern on Item 7A. The developer has negotiated with the Agency in good faith and would not want the agency to change and the developer to pay double fees. Page seven City Council Minutes 144March 9, 1982 BUSINESS ITEMS. Continued. [ 55. Tentative Tract Map #17413 and Zone Change #81-4. Continued. Dr. Flora stated that he has presented a draft ordinance to the City Attorney and the Planning Department for review regarding school fees. Mr. Rede stated staff is reviewing the ordinance and will be brings it to Council at a later date. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO APPROVE IN CONCEPT TRACT #17413 AND ZONE CHANGE #81-4 AND AUTHORIZE DEVELOPER TO SUBMIT PLANS AND SPECIFICATIONS TO THE CITY ON THAT PROJECT WITH THE STAFF PACKAGE OF MARCH 1, 1982, WITH THE FOLLOWING CHANGES: 5-e. STREETS TO REFLECT 50 FOOT RIGHT OF WAY WITH 36 FOOT STREET SECTION AND APPROPRIATE PARKWAY AND SIDE- WALK CRITERIA. (PER EXHIBIT F) 38. DEVELOPER TO PROCESS AND COMPLETE VARIANCE FOR STAFF MODIFICATIONS (AS AN INSERT). 39. MODIFIED THAT ITEMS A THROUGH C ARE SEPARATE LETTERS OF AGREEMENT TO BE MADE PRIOR TO MARCH 23, 1982. 40. MODIFIED CONDITIONS TO INCLUDE "AS PER EXHIBITS A & B" (AS PRESENTED AT MARCH 9, 1982 MEETING). t 41. DELETE "ELIMINATING OR" 43. CERTIFICATE OF OCCUPANCY SHALL NOT BE ISSUED UNTIL PROOF OF PAYMENT OF SCHOOL MITIGATION FEES IS PRESENTED TO.THE CITY BUILDING DEPARTMENT. ADD "AND INCLUDING INSURANCE AND HOLD HARMLESS LANGUAGE WITH COST TO BE BORNE BY THE DEVELDPER. ... '-- - [................ t', v 41. - COUNCIL CONCURRED TO RECESS AT 11:00 P.M. COUNCIL RECONVENED AT 11:17 P.M. PUBLIC COMMENTS. ; . l Mr. Lee Allen, 270 Avenue Nine, Lake Elsinore, complained that the water has rust and dirt in the lines and is not usable for household purposes. Mr. Kicak stated that bids have been received and submitted to FmHA and there is a letter on .the way giving approval, upon receipt of the letter th~ city will award the contract. Mr. Eugene Carter asked how much money was spent on Item #7 on the Consent Calendar in regards to the topographical studies of the Outflow Channel. He felt that the Outflow Channel should be cleaned out manually. Ms. Maria Moherin stated that she is planning to relocate to this are a fro m New Yo r k and a p pre cia t ed the de die at ion the Co un c il has to it's community. ~ REPORTS AND RECOMMENDATIONS. Mr. Frazier reported that the building and planning departments have completed the move into the new building. Mr. Ronnow reported that the audit will 'be beginning this week. Mr. Torn asked staff to insure that the influx of concerts being advertised on the store fronts are approved by the City. Mr. Torn also stated that he hopes there is a resolution, to the problems of the school district by the city's adoption of a resolution and the County taking a closer -look at the situation. Page eight City Council Minutes March 9, 1982 145 REPORTS AND RECOMMENDATIONS - Continued Mr. MacMurray felt there needs to be some access provided for pedestrians and bicycles at San Jacinto River Crossing. Mr. Kicak stated this area needs a feasibility study performed to see what means ~ are available for alleviating the bottleneck congestion of the area. Mr. Stewart asked that staff study the commercial trash pickup. Aspects to be ( looked at are: price, cost and methods of making it mandatory. Mr. Stewart asked staff to find out if Council has taken action on a feed store or wrecking yard on Malaga and Mission Trail. Mr. Rede reported that a feed store was applied for but moved to a different location in the County. There is an application being processed for a two truck service at this intersection. 00 OJ C\J W ([) <( CLOSED SESSION None ADJOURNMENT MOVED BY UNSWORTH, SECONDED BY MAC MURRAY TO ADJOURN THE MEETING AT 11 :39 P.M. ATTEST: ,....... ~~~ ORAH ~ H RR NG ON, CI CLERK CITY OF LAKE ELSINORE J- 146 ,. ..... '-'II CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING MINUTES THURSDAY, MARCH 18, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 147 * * * * * * * * * * * * * * * * ~* * * * * * * * * * * * * * ~- The Special Meeting of the City Council was adjourned at 7:30 p.m. for lack of a quorum until 8:30 p.m. Members of the Council present: Unsworth Members of the Council absent: MacMurray, Torn, Stewart ti Due to lack of a quorum at 8:30 p.m. the meeting was adjourned until 9:00 p.m. CALL TO ORDER. Mayor Stewart called the Special Meeting of the City Council to order at 9:00 p.m. 8J CXJ ~, <!.,; ROLL CALL. PRESENT: COUNCILMEN: TORN, UNSWORTH, MACMURRAY, STEWART ABSENT: COUNCILMEN: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, City Engineer Kicak, Planning Director Morrissey. 1. Joint Study Session with Elsinore Municipal Water District concerning water and sewer problems. '. ' ~, ;::! Mr. Torn stated that after discussions by City C,ouncil:-;and City Staff at the Elsinore Valley r1unicipalWater DistKlct there i~ .concurrance with the Council and the elested Boardmembers there should be a Joint Powers Agreement to address' the sewer needs of A. D. 79-1. MOVED BY TORN, SECONDED BY.~1ACMURRAY AND CARRIED'UfJANIivlOUSLY THAT THE CITY MANAGER AND STAFF BE DIRECTED TO CONTACT AND WORK WITH THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT MANAGER AND STAFF FOR THE CREATION OF A DRAFT DOCUMENT TO BRING BACK BEFORE THE BOARDS. Mr. Torn stated he would like to see an agreement wherein the City would share the responsibility in making policy aecisions, decisions regarding maintenance and .operations and potential funding and selecting personnel who will be directly involved in day-to-day management. .. General discussion ensued regarding possible membership of the Board which would include the Elsinore Valley Municipal Water District an~ the City of Lake Elsinore. ~ Mr. Rede stated with the direction from the Council, he will give Mr. Porter input from the staff level as quickly as possible and forward to E.V.M.W.D. The process may include input from Mr. Kicak, Mr. Rede and possib.ly Mr. Morrissey. Mr. Torn stated that if staff feels there are ,some areas which are better served by E.V.M.W.D. staff, those areas would be n ego t ia b 1 e . ,1:.- Mr. Rede suggested that the E.V.M.W.D. staff could do the physical construction and the maintenance and operation and the City,~taff would serve in an advisory capacity. Mr. Rede further suggested that the Joint Powers Authority should have an attorney separate of the City and E.V.M.W.D. attorneys. 148 Page two Special City Council Minutes March 18, 1982 1. Joint Study Session with Elsinore Municipal Water District concerning water and sewer problems. Continued. Mr. Rede reported that the City has a verbal commitment with the Regional Water and Quality Board that we can expand. Mr. Porter stated the city has two leverages: 1) the City should have two .,. members, E.V.M.W.D. would have two members and the fifth appointed by both. 2) The City could hold up any resolutions until the Council determined it was what the Council wanted. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY UNSWORTH AND CARRIED TO ADJOURN AT 9:57 P.M. ATTEST: 4t~~i~~tf#~ -- - ~ ~ : -- (. ~ - i 1 ~ tH ~ m <I: CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MINUTES TUESDAY, MARCH 23, 1982 7:30 P.M. CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 149 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER. The regular meeting of the City Council was called to order at 7:32 by Mayor Pro tern Torn. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance to the Flag was led by Councilman MacMurray. ROLL CALL. PRESENT: COUNCILMEN: TORN, UNSWORTH, MACMURRAY ABSENT: COUNCILMEN: STEWART Also present were: City Manager Rede, City Attorney Ponter, Planning Director Morrissey, City Engineer Kicak and City Clerk Harrington. CONSENT CALENDAR.. Mr. Torn asked that the Warrant List be added to the Consent Calendar as Item #5. Mr. Unsworth asked that Item #1, Minutes, be removed from the Consent Calendar. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY ~. TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. I \. r- L AYES: NOES: ABSENT: COUNCILMEN:- MACMURRAY, TORN, UNSWORTH COUNCILMEN: NONE COUNCILMEN: STEWART 1. Minutes. A. Regular Meeting - March 9, 1982. Removed from Consent Calendar. 2. Dedication of Lincoln and Machado Street. Accepted Grant Deed of Dedication for the additional right of way from Edwin Stewart. 3. Resolution opposing reallocation of local assistant funds to the Air Resources Board. Approved Resolution No. 82-20. 4. City Attorney request to attend League Meeting. Authorized City Attorney to attend league of California Cities City Attorney's Department Spring Meeting. 5. Warrant List. Approved Warrant List as presented. Item Removed from Consent Calendar. 1. A. Regular Meeting - March 9, 1982. Mr. Unsworth asked that two typographical errors be corrected on Page 3, Item #10. Also in #10, add as the last paragraph "Council concurred with the recommendation of the City Attorney". Page two 15~ity Council ~1inutes ~arch 23, 1982 PUBLIC HEARINGS. 31. Zone Change 81-5 - Pacific Planning Group. Mr. Morrissey presented a brief background of the proposed zone change recommending approval of Zone Change 81-5 subject to five conditions as presented in the Staff Report to Council dated March 18, 1982. Mr. Morrissey stated that a legal description has not been submitted by the applicant on this property and Council can not take action to annex the property until proper proceedings and hearings have been held by the Local Agency Formation Commission. l' ; ...J.....>......... l'.>' Council asked if anyone would like to speak in opposition to the Zone Change. Mr. James Kusky, President of the Warm Springs Valley Assocation, living in the IIEucalyptus Grovell behind the proposed annexation. Mr. Kusky was concerned that if the area was annexed to the City, Kambern Avenue would have a dual jurisdiction for maintenance and repair by the City and the County of Riverside. Water was a major concern to the Association since Caltrans placed run-off lines under the roadway for Interstate 15. Concerns were also expressed regarding the increased traffic the development would bring. Mr. Kusky recommended that should the annexation go thrOugh that an agreement be executed between the owner/developer or city and the County and CSA 124 so improvements will be guaranteed for the road. . Mr. Eugene Carter stated he objected to the proposed zone change. Mr. Carter feels the damage which has occurred as a result of the culverts should be corrected. Council aSked if anyone would like to speak in favor of the Zone Change. Mr. Joe Olinghouse, 25420 Palomar Road, Idlewild, spoke in favor of-the zone change stating that the annexation can be conditioned to insure that the road improvements are made. i ~ I... ' The City Clerk read a letter from Mr. and Mrs. Dan E. Vail, Sr., expressing approval of the zone change. Mr. Morrissey stated that if Council approves- the zone change, it would come back to the Council in ordinance form. The ordinance would go through first and second readings, but the second reading can not be approved until-after the annexation has been approved. MOVED BY UNSWORTH, SECONDED BY MACMURRAY TO APPROVE THE ZONE CHANGE WITH FIVE CONDITIONS. AYES: NOES: ABSENT: COUNC ILMEN: COUNCILMEN: COUNCILMEN: MACMURRAY, UNSWORTH, TORN NONE STEWART At this time Council concurred to move to Item 54. Citizen Request. 54. Citizen Request - Junior High School Bike-a-thon. Mr. Torn read a letter from Ms. Gina Charles requesting approval of la Bike-a-thon on City Streets on April 14, 1982. Ms. Gina Charles stated the Bike-a-thon was a method of raising funds for needed school repairs. Ms. Charles has spoken to the Sheriff Department regarding approval of the r 0 ute to b e use d . The She r i' f f De par t men t w ill ass i s tin blocking off the streets the day of the Bike-a-thon. The contact person at the Sheriff's Department would be Deputy Ron Bryning. ~ -- l i ~ en <C ~'", '- ~" L- Page three City Council Minutes March 23, 1982 151 BUSINESS ITEMS. 54. Citizen Request - Junior High School Bike-a-thon. Continued. Council had concerns about businesses being shut down for a period of time. Ms. Charles stated some of the businesses have already been contacted and have not expressed any objections. Ms. Charles reported that Mr. Hue of the Junior High School is the staff advisor on this event. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE IN CONCEPT WITH THE DETAILS TO BE WORKED OUT WITH THE CITY MANAGER. Council concurred to take up the next regular agenda item. 41. Collier Street Rea1ig~ment - Continued from March 9, 1982. Mr. Porter reported that the developer has asked that this item be continued for two weeks. 42. Jennings request for Extension of Time on Tract #15880. Continued from March 9, 1982. Oral report by City Attorney. Mr. Porter reported that he could not find an area within the law ~here an extension of time would be permitted. Mr. Porter recommended that no action be taken on this item. Mr. Jennings thanked the Council for their" consideration in this matter. 43. Canyon Lake Hills Tract #17413 - Continued from March 9, 1982. . ! Mr. Rede stated_he would like to clarify some conditions in the report which do not agree with the minutes. Mr. Rede believes the minutes are correct. Condition #44 was at the request of the developer. Mr. Rede wanted to clarify if it was also the intent of the Council to grant the longest period possible for the tract. - Mr. Porter stated there was a change in state law-which the City can take advantage of in providing more liberal extension periods. Mr. Porter suggested that the developer leave the request for extension in obeyance until a new ordinance can be submitted to the City Council which would give him an additional extension period. ' Mr. Rede stated that the developer and staff have come to an agreement on Condition #39. Mr. Hy1en, Agent for the developer, stated that he had some. problems with the wording in Condition #39. He would like to see the words Capital Improvements changed to Water and Sewer Fees. Mr. Rede explained that Condition #39 was in effect a side letter of agreement which covered the good faith effort previously mentioned in 39 A & B and that in exchange for _ waiver of 39-C the developer agreed to purchase or assist with the placement of, not less than $500,000 of Redevelopment Agency Bonds, Certificates of Participation and/or other forms of commercial paper. In addition to the letter of agreement~ the developer agreed to a schedule of payments totaling $800,000 for off-site plan check and inspection fees excluding Capital Improvement and Building Permit Fees. Mr. Hylen felt the development will not affect the city in any way as far as drainage and should not be made ta pay any drainage fees. Mr. Hylen further stated that all the drainage from the tract is tributary into Canyon Lake. Page four 15~i ty Counc i 1 Mi nutes !Ifc1rch 23, 1982 BUSINESS ITEMS. Continued. 43. Canyon Lake Hills Tract #17413 - Continued from March 9, 1982. Cont'd. Mr. Kicak felt that the development would affect the city by drainage of water into the city. Mr. Porter stated that the only other item which needs to be addressed is the proposed amendment to the Development Agree- ment which is required to go through the Public Hearing process before the City Council can amend it. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED r.....t UNANIMOUSLY TO APPROVE PER CONDITIONS FOR TRACT #17413 AS SHOWN, AS CHANGED, AS DISCUSSED AND LEGALIZED, AND TO INCLUDE APPROVAL OF THE ZONE CHANGE. Mr. Morrissey stated that at the last Council meeting certain streets were i~entified as being of reduced width and staff has received a map showing which streets have been approved to have a reduced width. ROLL CALL ON MOTION: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: UNSWORTH, MACMURRAY, TORN NONE STEWAHT 44. Pedestrian and Bicycle Facilities on Existing San Jacinto River Bridge at Mission Trail and Lakeshore Drive. Mr. Kicak provided the council with two alternatives for the Pedestrian and Bicycle Facilities over the San Jacinto River. The first alternative was to provide an eight foot wide support adjacent to the existing bridge on the southerly side of the bridge. The estimated cost for this alternative would be approximately $25,000. The second alternative was to consider a paved roadway which would lead fro~ the ex i s tin g Mis s ion T ra il and La k e S h 0 reD r i ve do w n tli e ban k of the San Jacinto River and across the bottom of the river. The estimated cost would be $6,800. During the rains the path would be unusable and the road could deteriate. Mr. Kicak stated that he has had a discussion with Ted Nelson regarding a possible grant which may cover a portion of the cost for the Pedestrian and Bicycle Facilities through the utilization of SB 821. -IIi "- MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE THE CITY MANAGER TO SPEND UP TO $6,000 TO RESEARCH GRANT FUNDING FOR THE PEDESTRIAN/BICYCLE BRIDGE UNDER SB 821. 45. Resolution Authorizing City Manager to Sign Documents per- taining to the loan for the water system improvements. Mr. Rede stated this item is at the request of the City Engineer to facilitiate the rapid turn-around of these documents. - MOVED BY MACMURRAY, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION. ~ 46. Award Contract - Water Well. Oral report by City Engineer. Mr. Kicak reported_ that only one bid had been received on the Water Well. The bid was in the amount of $98,364.00. This bid is over the City Engineer's estimate by $30,000. Mr. Kicak stated the city had two options available to them for consideration. -- I I i m en <( ~-: IL.. "...... I L-: Page five City Council Minutes March 23, 1982 153 BUSINESS ITEMS. Continued. 46. Award Contract - Water Well. Continued. 1. Reject and readvertise. 2. Authorize staff to negotiate with the contractor on the amount of the bid, then bring back to Council to be awarded. :1 MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE WITH THE BIDDER OF THE WATER WELL WITH THE HELP OF STAFF. 47. Time Extension Request for Tract #14558 - Imsande. Mr. Morrissey recommended approval of the second and final extension for a period of one year subject to seven conditions as outlined in Staff Report to Council dated March 17, 1982. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION FOR APPROVAL OF THE TIME EXTENSION REQUEST FOR TRACT #14558 - IMSANDE. Council concurred to recess at 9:00 p.m. Council reconvened at 9:13 p.m. 48. Change Order #1 on Limited Street Pedestrian Bridge. Mr. Kicak reported that K.E.C., contractor for the Limited Street Pedestrian Bridge has requested in lieu of utilizing the flat car, Council authorize a modified design utilizing other materials for the construction of the bridge. The alternate design has been submitted to the Engineering De- partment for review. The design by the contractor will be more aesthetically appealing and is as functional as the original proposed design. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO GO ALONG WITH THE CHANGE ORDER WITH STAFF RECOMMENDATION. 49. Installation of Water Line in Avenue 9 and Mill Street Mr. Kicak recommended the Council award the contract for the construction of the water line in-Avenue 9 and Mill Street to MBC in the amount of $33,250. MOVED BY UNSWORTH, SECONDED BY MACMU~RAY AND CARRIED UNANIMOUSLY TO ACCEPT THE BID AS RECOMMENDED BY STAFF. 50. Airport Feasibility Study with CH2M Hill - Contract Proposal. Mr. Morrissey gave background information, on the Airport Feasibility Study with CH2M Hill. The study is divided into two (2) phases with a report due at the end of each phase. The first report will contain analyses of whether an airport is feasible in Elsinore Valley and the types of activities it could support. The second report will examine the feasibility of airport related activities at Skylark Airport or the development of a new airport facility in another location. Mr. Morrissey explained that the awarding of the Airport Feasiblity Study to CH2M Hill does not mean that CH2M Hill will be preparing the grant application. If the City desires CH2M Hill to prepare the grant .then the firm will be hired on a consulting basis to perform the necessary work. MOVED BY MACMURRAY, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO AWARD THE CONTRACT TO CH2M HILL WITH THE TOTAL COST NOT TO EXCEED $16,380.00. Page six 15f.ity Council Minutes ria r c h 2 3, 1 9 8 2 BUSINESS ITEMS. Continued. 51. Reclassification Studies for Selected City Personnel. Mr. Rede gave background information on the reclassification study on the selected city personnel. Mr. Rede reported that a Memorandum of Understanding had been adopted between the City and the Public Employees Association of Riverside County. In accordance with this agreement, the City agreed to study three positions within the Public Works Department. One Maintenance Worker and two Maintenance Work I positions. The City Manager included the positions of Permit Technician/Clerical Supervisor and Transit Coordinator in the Classification Study to more clearly identify and classify the work responsibilities of the positions and help to establish a more equitable and competitive salary range. The Transit Coordinator will be discussed separately under the L.E.T.S. Meeting. .:.~:' -- l Mr. Rede explained the city has created positions in order to get specific jobs done. The system as it stands now, is not built to deal with employees who have reached the end of their wage schedule. The request as it was submitted was for reclassification when in essence it should have been submitted for "seniority pay". Mr. Rede felt that periodic reviews of positions is necessary and hopes to look into other positions in the coming fiscal year. Mr. Torn expressed concern about losing personnel to another agency because of a little more pay, after the city has -trained the employee and paid for his/her education. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE THREE RECOMMENDATIONS BY THE MANAGEMENT CONSULTANT AND STAFF AND HAVE THE CITY~MANAGER LOOK INTO MERIT/SENIORITY INCREASES. -.Ii ~ 52. Bid Award to Street Light Standards. Mr. Rede gave a brief background of the Street Light Standards Bid process. The process was originally intended to be on an information basis. However, due to the large amount of the bid, it is requested that the City Council accept the bid in the amount of $17,260. Mr. Rede reported that some of the 1 ights may be .located on private property and the city will only authorize the re- moval of the lights at the request or permission of the property owner. - MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO AWARD THE BID TO RONALD S. AND BILLIE L. BARNES IN THE AMOUNT OF $17,260. 53. Business License - Parking Requirements. Mr. Morrissey gave background information on the nature of the report and submitted possible solutions to the ~ parking problems in the down town section. This report was initiated as a result of the number of business license applications for churches in the down town area. Mr. Morrissey reported.there is parking for only about 15% of what is necessary- for the down town area for the existing uses. Mr. Morrissey asked Council tD approve Staff Recommendation on the parking restrictions and business licenses. 6 ~ t 00 m C\.I lJ.J en <t: . i ...).'.-......... ~:. ~ I I Page seven City Council Minutes March 23, 1982 155 BUSINESS ITEMS. Continued. 53. Business License - Parking Requirements. Continued. Mr. Unsworth expressed concern that churches should not be permitted to locate in a commercial area. Mr. Unsworth also felt that no additional thrift or used item stores should be allowed in the down town area. Delores McDaniels stated she needs direction from the Council because churches are not required to get a Business License. Mr. Torn clarified that staff's first recommendation would be to enact an interim urgency ordinance. Mr. Torn asked if staff would need this to be adopted at tonight's meeting. Staff stated they do not have the wording of the ordinance prepared at this time but would be able to put the ordinance together if Council would excuse Mr. Porter and Mr. Morrissey. Ms. Jeri Stevenson, representing asked if the Council could grant until the ordinance is adopted. move tf the use was deemed to be the Chapel of the Roses, a conditional use permit She stated that she would unappropriate for the area. Mr. Unsworth explained that conditional use permits are not approved for a short time and the parking ordinance as it pertains to specific numbers of parking spaces required for certain types of businesses. Council adjourned to the Redevelopment Agency at 9:40 p.m. Council reconvened at 10:02 p.m. Council adjourned to the Lake Elsinore Transit System Meeting at 10:02 p.m. Council reconvened at 10:23 p.m. 53. Business License - Parking Requirements. Continued. Ms. Nancy Shaffer, owner of a downtown building, expressed concern about the possibility of an_urgency ordinance and the affect it could have on her building. Mr. Morrissey explained that if the proposed business required additional parking such as a restaurant, the business would not be allowed. The property would need to revert back to the previous use in order to be allowed. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION. 54. Citizen Request - Junior High School Bike-a-thon. This item was presented earlier with action taken. PLANNING COMMISSION 55. Amendments to Title 17 - Zoning Ordinance. Mr. Morrissey gave background information on the proposed modification to the Zoning Ordinance. The Planning Commission has recommended adoption of the Ordinance. Mr. Unsworth expressed concern on the proposed modification and stated he would like to see the General Plan revised first. Staff was instructed to meet with Mr. Unsworth re~arding the changes to Title 17 and place_ on a future ageda. 156 Page eight City Council Minutes March 23, 1982 BUSINESS ITEMS - Continued. 56. Hillside Planned Development Overlay Zone Resolution. Mr. Morrissey gave background information on the Hillside Planning Development Resol ution and map identifying the Overl ay Zone. MOVED BY UNSWORTH, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION AND APPROVAL OF THE RESOLUTION. RESOLUTION NO. 82-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ENACTING ORDINANCE 628, HILLSIDE PLANNED DEVELOPMENT, AND SPECIFYING ALL PROPERTIES SUBJECT TO CHAPTER 17.30 OF THE MUNICIPAL CODE. -r Council adjourned to the Redevelopment Agency at 10:45 p.m. Council reconvened at 10:55 p.m. PUBLIC Cor~MENTS Mr. Bob Jacobson asked Council to have the city crews repair the potholes'on"' Lakeshore Drive. Mr. Torn stated the recent rains are the main reason for the potholes, and asked staff to take care of the matter. REPORTS AND RECOMMENDATIONS Mr. Morrissey reported that a schedule for the General Plan will be going to the City Manager. --' Mr. Torn stated the Towing Yard is still in- existence on Main Street. The Hover Craft business on Lakeshore Drive has outdoor storage which was not to be allowed. Mr. Torn also reported that Mr. Unsworth and himself, while in Sacramento, discussed the proposed completion date for Interstate 15. Interstate 15 is ex- pected to be completed in June, 1982, with a ribbon cutting to follow. The ribbon cutting will be planned by Caltrans. Mr. Unsworth was concerned about the Ultralights on Riverside Drive at Patrlcia Plaza and requested staff to have the Code Enforcement Officer take care of the matter. Mr. Torn stated that this past weekend the lake shore received heavy usage and the shore was covered with trash as a resu~t. Mr. Unsworth suggested putting in used telephone poles to stop the vehicular traffic from driving up to the shoreline. CLOSED SESSION None. ADJOURNMENT ( MOVED BY MAC MURRAY, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO ADJOURN AT r 11:07 P.M. ~ /" ,,-, AT~~~ ~BORAH A. HA RINGT N, cn ERK ~, 157 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING MINUTES WEDNESDAY, APRIL 14, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ,~ CALL TO ORDER The meeting of the City Council was called to order at 7:32 p.m. by Mayor Stewart. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Unsworth. ROLL CALL uo PRESENT: COUNCILMEN: MACMURRAY, TORN, UNSWORTH, STEWART 'JO ABSENT: COUNCILMEN: NONE t-- '"":) Also present were: City Manager Rede, City Clerk Harrington, City ~ Engineer Kicak and Public Works Director Blackford. Mayor Stewart announced the City has two new councilmembers, Arta Valenzuela and Larry Knight. Mayor Stewart thanked all the citizens for voting. CONSENT CALENDAR - Council asked that the following items be removed from the Consent Calendar: l-c, 3, 4, 5 and 12. MOVED BY TORN, 'SECONDED BY UNSWORTH, TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. . AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: MACMURRAY, TORN, UNSWORTH, STEWART NONE NONE 1. Minutes a. Special Meeting - March 18, 1982 - Approved as presented. b. Regular Meeting - March 23, 1982 - Approved as presented. c. Adjourned Meeting - June 2, 1981 - Removed from Consent Calendar. 2. Warrant List - Approved warrant numbers 15855 through 16056 for a total of $332,255.27. Also approved was check number 2885 of $4,330.13 to close water account and transfer funds to General Fund. Check number 115 was approved payable to Karen Whisenand in the amount of $250.00 for the balance of 81/82 Nursing Scholar- ship. 3. Community Center Heating/Air-Conditioning Bids - Removed from Consent Calendar. 4. Community Center Carpeting Bids - Removed from Consent Calendar. - 5. -Community Center Basketball Backstop Bid - Removed from Consent Calendar. 6. Tracts 13799 and 14586 - Released Bonds. 7. Tracts 18048 - Released Bonds. 8. Tract 18265 - Approved Final Map. 9. Building and Safety Activity Report - Received and filed. 10. Code Enforcement and Fire Safety/Housing Report - Received and filed. 11. Animal Control Activity Report - Received and filed. 158 ( f c Page two City Council Minutes April 14, 1982 CONSENT CALENDAR. Continued. 12. Resolution No. 82-22 - Approve Volunteer Fire Fighter Week. Removed from Consent Calendar. ITEMS REMOVED FROM CONSENT CALENDAR. l-C. Adjourned ~1eeting - June 2, 1981. Mr. Unsworth asked that Commissioner Barnhart's name be removed from being present at the time roll call was taken. - 3. Community Center Heating/Air Conditioning Bids - MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO USE BOTH RECOMMENDATIONS AS SUBMITTED BY STAFF AT THE CITY MANAGER'S DISCRETION. 4. Community Center Carpeting Bids MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AWARD THE COMMUNITY CENTER CARPETING BID RECOMMENDATION TO AWARD TO HERB EDWARDS INC. IN THE AMOUNT OF $19,270.00 WITH THE STIPULATION THAT THE LEAK IN THE BACK WALL BE CORRECTED. 5. Community Center Basketball Backstop Bids MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AWARD THE BACKSTOP BID TO PROGRESSIVE SYSTEMS IN THE AMOUNT OF $4,619.20. 12. Resolution No. 82-22 - Volunteer Fire Fi'g-ht-er Week. Mayor Stewart read Resolution No. 82-22 proclaiming April 18 through 24, 1982 as Volunteer Fire Fighter Week. MOVEi BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY -- TO PROCLAIM APRIL 18 THROUGH 24, 1982, AS VOLUNTEER FIRE FIGHTER WEEK. PUBLIC HEARINGS 31. Weed Abatement. Mr. Rede reported that prior to the City conducting its annual Weetl Abatement Program, the City Council must first hold a public hearing. Mayor Stewart opened the public hearing. Mr. Stewart asked if anyone would like to speak in opposition to the Weed Abatement Program. No:one asked to speak. Mayor Stewart asked if anyone would like to speak in favor of the Weed Abatement Program. Mr. Tony Orvieta, resident of Lake Elsinore, spoke in favor of the Weed Abatement Program. Discussion ensued regarding extending the Weed Abatement Program to a year-round program. - 32. Conditional Use Permit #82-1. Small Boat Rental and Launching on Lake. 32310 Riverside Drive. Mr. Rede gave background information on Conditional Use Permit #82-1 based upon a report dated April 6, 1982. Staff and the Planning Commission recommended approval. Staff suggested the boats be one colo Mayor Stewart opened the public hearing. Mr. St€wart asked if anyone would like to speak in opposition to the Conditional Use Permit. No one asked to speak. ~, l.O ~ ~ 1-:) A o ......,..;;. ..-. 159 Page three City Council Minutes April 14, 1982 PUBLIC HEARINGS. Continued. 32. Conditional Use Permit #82-1. Continued. Mayor Stewart asked if anyone would like to speak in favor of the Conditional Use Permit. Mrs. Jordon, representing Mr. Hinkle, stated that Mr. Hinkle had an accident on the way to Lake Elsinore. He is presently in the hospital and would be unable to attend the meeting and could not be here for five days. Mr. Torn asked that the following areas be looked at more closely on this permit: 1. Frahchises on the lake perimeter 2. Parking Requirements 3. Off-sites, within the Conditional Use Process, should be addressed. 4. Restroom Facilities 5. Trash Receptacles 6. Sale of food and drinks 7. Cut and fills on the property 8. Requirements for additional landscaping Mrs. Jordon asked that this item be continued to April 27th. Council concurred to continued this ttem to April 27th, 1982. 33. Tentative Parcel Map #18434. 16750 Lakeshore Drive. Mr. Rede gave background information on the Tentative Parcel Map recommending approval subject to nine (9) conditions as outlined in Staff Report dated April 6, 1982. Mayor Stewart opened the public hearing asking if anyone would like to speak in opposition to the Tentative Parcel Map. No one asked to speak. Mayor Stewart asked if anyone would like to speak in favor of the Tentative Parcel Map. Mr. Dave Painter, representing the applicant, Petrolane Properties, Inc., stated he had no problems with the conditions. Mayor Stewart closed the publ ic hearing. Mr. Torn asked that the wording of condition #9 be changed by the City Attorney. Mr. Porter recommended condition #9 be changed to read as follows: A finding of conformity to the existing General Plan and all currently anticipated future General Plan Element to be adopted. Mr. Torn asked that the applicant install a bus shelter in front of the Stater Brothers Market, as condition #10. Mr. Painter did not have any objections. MOVED BY TORN, SECONDED BY MACMURRAY TO APPROVE TENTATIVE PARCEL MAP #18434. AYES: NOES: ABSENT: COUNCILMEM: COUNCILMEN: COUNCILMEN: MACMURRAY, TORN, UNSWORTH, STEWART NONE NONE '60 c c..........' l & Page four City Council Minutes April 14,1982 PLANNING COMMISSION 41. Set for Public Hearing: May 11, 1982 a . b. Conditional Use Permit #82-2. Wright. Conditional Exceotional Permit #82-1. A.B.C. Heritage, Inc. . Council concurred to set public hearing for 41-a and b. BUSINESS ITEMS - 51. Collier Avenue Realignment and Construction. Hobie~Rawlings Development. Mr. Rede stated the agreement was prepared by Hobie-Rawlings and reviewed by Mr. Porter Mr. Porter stated that he has provided Council with an amended agreement. Mr. Rawlings has reviewed the agreement and finds it agreeable. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE TH.E REVISED DRAFT AGREEMENT AS OF APRIL 13, 1982, FOR THE REALIGNMENT AND CONSTRUCTION OF COLLIER AVENUE. 52. Extensions of Tentative Maps - Ordinance. Mr. Porter reported that the laws have changed regarding time extensions on maps as of January 1, 1982. Council concurred to bring this item back on the next agenda so that the new counci1members will be able to review and make comments on the proposed ordinance. 53. Time Extension Request - Parcel Map #16000. .... . Mr. Rede gave background information on the time extension request on a report dated April 6, 1982, recommending approval subject to four (4) additional conditions. Mr. Torn stated there are three (3) wells on the site and would like an easement to the wells. Mr.-Torn recommended condition #5 be added to include thatif there is a well on the property, that it be deeded to the City. Mr. Torn suggested Condition #5 read as follows: Any existing well sites on the subject property be offered for dedication to the City. MOVED BY TORN, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE PARCEL MAP #16000 TIME EXTENSION WITH FIVE CONDITIONS. 54. Lake Elsinore Frontier Day Parade. Mr. Rede asked that this item be conditioned for two weeks as the parade route has changed. Mr. Stewart reported that the Long Beach Mounted Police will be in the parade and will be hosted by Mr. Stewart and his two brothers. 55. Change Order No.1 - Water Line, Avenue 9 and Mill Street. - Mr. Kicak recommended approval of the Change Order No. 1 based upon the uncertainties regarding the hazards associated ~ith P.V.C.. The Change Order would require use of A.C. materials. MOVED BY TORN, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE CHANGE ORDER No.1, TO M.B.C. CONSTRUCTORS FOR THE WATER LINE ON AVENUE 9 AND MILL STREET. 161 Page five City Council Minutes April 14, 1982 BUSINESS ITEMS. Continued. 56. Change Order No.2 - Lincoln Street Improvements. Mr. Kicak recommended approval of the Change Order on Lincoln Street Improvements for the removal of one large pepper tree and four smaller trees. ........ MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED TO APPROVE CHANGE ORDER NO.2 FOR LINCOLN STREET IMPROVEMENTS. AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: MACMURRAY, UNSWORTH, STEWART NONE TORN 57. Planning Studies Contract with L. D. King. Mr. Rede gave background information on the contract proposal to with L. D. King for planning studies. The financial impact 00 would be no more than $11,500. ~ I~ MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY C5 TO ACCEPT THE CONTRACT FOR PLANNING STUDIES WITH L. D. KING. 58. Community Center - One-Time Grant Funding for Kitchen Facilities Resolution No. 82-23. Mr. Blackford gave a brief background on the grant for kitchen facilities. The City will be matching funds in the amount of 10% - $5,233.95. The Office on Aging will be providing funds in the amount of $47,105.57. The total cost is $52,339.52. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION NO. 82-23, SIGNIFYING ITS INTENTION TO SUBMIT A REQUEST FOR SPECIAL ONE-TIME FISCAL YEAR 81-82 TITLE III FUNDING FOR KITCHEN FACILITIES AT THE LAKE COMMUNITY CENTER. 59. Notification Fee - Resolution No. 82-24. Mr. Rede reported that this item needs to be advertised as a public hearing. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO SET FOR PUBLIC HEARING FOR MAY 11, 1982. 60. State Department of Health Services Permit Application. Mr. Kicak gave background information on the permit application with a resolution authorizing the City Manager to submit to the State Department of Health Services. It is a requirement that the City manke application to the State Health Department for use of the well on Machado and receive an amended permit. MOVED BY TORN, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE THE APPLICATION AND RESOLUTION. - 61. Amendments to Title 17: Zoning Ordinance. Mr. Rede gave background information on the proposed ordinance modification which would add two (2) sections to the Zoning Ordinance, amend one (1) section, and eliminate another. The additions to the Zoning Ordinance would provide the following: 1. Home occupation (businesses) as a permitted use within all residential districts; and 2. A section in each commercial and manufacturing district informing the reader the Lake Elsinore Redevelopment Agency has adopted Development Standards which may affect their project. 162 c (.~ ~. . [ Page six City Council Minutes April 14, 1982 BUSINESS ITEMS. Continued. 61. Amendments to Title 17: Zoning Ordinance. Continued. The one section to be amended would allow the Planning Director rather than the Planning Commission, to approve uses deemed to be similar and not more detrimental than those specially listed in each commercial and industrial zone. The one section to be eliminated is that part of the CP (Commercial Park) district that provides parking requirements in conflict with those provided by the new Parking Ordinance. Mr. Torn read the title of the Ordinance. .... ORDINANCE NO. 637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING PORTIONS OF ORDINANCES NO. 349, 620, 514, 480, 445, 442 AND PORTIONS OF TITLE 17, LAKE ELSINORE MUNICIPAL CODE. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING. AYES: NOES: ABSENT: TORN, MACMURRAY, UNSWORTH, STEWART NONE NONE COUNCILMEN: COUNCILMEN: COUNCILMEN: 62. Proposal of Assessment District Boundary Change, Assessment District No.1. Mr. Kicak recommended that the City Council authorize the staff to investigate the possibility of Assessment District No.1 boundary adjustment and any subsequent requests should be looked at very closely. --- MOVED BY TORN, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION. 63. Mandatory Refuse Collection Policy/Commercial Rate Analysis - Mr. Rede recommended that Council reaffirm the mandatory refuse collection policy, providing for limited exemptions due to service impossibility. The present policy does not permit deviation from the mandatory collection policy. However, due to the terrain of areas within the city, limited exemptions would be permitted upon the approval of the Finance Director and City Manager. Mr. Rede stated that this could include commercial areas as well as residential. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO REAFFIRM THE MANDATORY REFUSE COLLECTION POLICY, PROVIDING FOR LIMITED EXCEPTIONS DUE TO SERVICE IMPOSSIBILITY. Property Tax Refund Litigation Mr. Porter gave a brief background on the Property Tax Refund and recommended that Council approve the resolution designating the County of Riverside as agent for service of process and __ to provide defense for the City. The Resolution would be No. 82-27. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION DESIGNATING THE COUNTY OF RIVERSIDE AS ITS AGENT FOR SERVICE OF PROCESS FOR ACTION FOR REFUND OF CITY PROPERTY TAXES AND FURTHER PROVIDING FOR SUCH ACTIONS TO BE DEFENDED BY THE COUNTY COUNSEL AND DIRECT STAFF TO SET ASIDE $2,000 IN THE NEXT FISCAL BUDGET FOR THIS PURPOSE. COUNCIL RECESSED AT 8:58 P.M. 64. COUNCIL RECONVENED AT 9:16 P.M. 163 Page seven City Council Minutes April 14, 1982 OFF~AGENDA ITEMS 1. Citizens Request - Don Summers Council concurred to have the City Attorney research Mr. Summers request. ~ 2. Resolution authorizing E.V.M.W.D. to proceed with the formation of an Assessment District #79-1. Mr. Rede reported that E.V.M.W.D. is having a meeting tonight and will not be able to attend the Council Meeting. MOVED BY UNSWORTH, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM UNTIL THE NEW COUNCIL IS SEATED. 3. Automatic Sprinkler System at City Park. Mr. Rede asked Council to authorize staff to install an automatic sprinkler system at the City Park. The installation will be done by Ace Landscape and Sprinkler Co. in the amount of $2,200.00. MOVED BY MACMURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO INSTALL AN AUTOMATIC SPRINKLER SYSTEM AT CITY PARK. LQ QO ~ 1-':) ~ Q 4. Adjourned City Council Minutes - June 2, 1981. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE AS CORRECTED. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 9:20 P.M. COUNCIL RECONVENED AT 9:37 P.M. PUBL ICCOMMENTS Mr. Eugene Carter, resident of Lake Elsinore, had a question regarding a financial statement ending June 30, 1980, pertaining to the Lake Elsinore Transit System. Mr. Stewart asked Mr. Carter to meeting with the Finance Director on this item. Mr. Tony Orvietta, rai~ed questions on sidewalks, curbs and gutters on the corner of Poe and Pottery Streets, and who.s responsibility it was for their installation. Mayor Stewart asked Mr. Orvietta to meet with the City Manager on this item. Mr. Orvietta also asked the Council to look into the po~sibilitj of Rent Control. REPORTS AND RECOMMENDATIONS - Ms. Harrington repo~ted that the Municipal Election ran smoothly with the election of Arta Valenzuela and Larry Knight. Mr. Torn stated that with the tourist season coming up, the city will be having increased problems on some of the public properties and will need to be making some decision on how to deal with the problems. Mr. Torn reported that there is anew chain link fence built on the lake perimeter which goes into the lake. He would like to see some type of handle on this matter. TheHover \ Craft at the Sunshine Market is still using an area outside for storage. Mr. Torn asked if Real Estate businesses with their offices located outside the city are paying business license fees. The City Manager was directed to revamp the application form for appointment to committees and commissions. Mr. Unsworth stated that there is a trash problem on Gunnerson St. and would like staff to take care of it. 164 Page eight City Council Minutes Apri 1 14, 1982 REPORTS AND RECOMMENDATIONS - Continued. Mr. MacMurray stated he would like staff to look into the problems of people camping on the Lakeshore in areas that are not authorized for public camping. Mr. MacMurray expressed concern on the Ultralights flying over portions of the City, and what enforcement measures can be taken on them. Mr. Rede reported that the City Attorney has given him some guidelines for enforce- ment of the over-flights which incorporate FAA references to ultralights. ... Mr. Stewart stated that he received a letter requesting appointment to the Solid Waste Advisory Board. Mr. Torn recommended that a list be prepared of all of the boards~ committees and commissions which have representatives from the City. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPOINT MR. STEWART TO THE SOLID WASTE ADVISORY BOARD. THE CITY COUNCIL ADJOURNED INTO CLOSED SESSION FOR PERSONNEL MATTERS AT 10:00 P.M. THE CITY COUNCIL RECONVENED AT 10:25 P.M. Mayor Stewart announced that the matter discussed in Closed Session pertained to personnel with no action taken. ADJOURNMENT MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL UNTIL APRIL 20TH AT 7:00 P.M. The City Council meeting adjourned at 10:30 p.m. ... ATTEST: ~~..~ -DEBORAH 11-. HAR~O ,. CITY K City of Lake J~ $inore -- 165 CITY OF LAKE ELSINORE ADJOURNED REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 20, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER. -- Mayor Pro Tern Torn called the meeting of the City Counci 1 to order at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman MacMurray. ROLLCALL PRESENT: COUNCILMEMBERS: TORN, UNSWORTH, MACMURRAY ABSENT: COUNCILMEMBERS: STEWART LQ 00 Also present were: City Manager Rede, City Attorney Porter and ~ City Clerk Harrington. i"":} ~ CERTIFICATION OF ELECTION RESULTS - RESOLUTION NO. 82-25. o Ms. Harrington reported that the Certification of Election is attached to Resolution No. 82-25 as Exhibit "A". Ms. Harrington asked the Council to make a motion accepting the Certification of Election, then a separate motion approve Resolution No. 82-25. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO ACCEPT THE CERTIFICATION OF ELECTION. - Attached to the minutes is Exhibit "A", which includes the whole number of votes cast in the City; the names of the persons voted for; for what office each person was voted for; the number of votes given at each precinct to each person and the number of votes given in the city to each person. The City Clerk read the title of Resolution No. 82-25. RESOLUTION NO. 82-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECITING THE FACT OF THE GENfRAL MUNICIPAL ELECTION HELD IN SAID CITY ON APRIL 13, 1982, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS ARE PROVIDED BY LAW. MOVED BY MACMURRAY, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-25. City Clerk Harrington administered the Oath of Office to the new Councilmembers, Arta Valenzuela and Larry Knight. Ms. Harrington presented the new councilmembers with Certifications of Election. ELECTION OF MAYOR AND MAYOR PROTEM BY COUNCILMEMBERS -- Mayor Pro Tern Torn opened the nominations for Mayor. Ms. Valenzuela nominated Howie Torn. Mr. MacMurray nominated John Unsworth. MOVED BY KNIGHT, SECONDED BY VALENZUELA TO CLOSE THE NOMINATIONS. Council voted by secret ballot with the City Clerk tallying the ballots and declaring John Unsworth as Mayor. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO REOPEN THE PREVIOUS VOTE AND SEEK AN UNANIMOUS BALLOT FOR JOHN UNSWORTH. '166 Page two City Council Minutes April 20, 1982 ELECTION OF MAYOR AND MAYOR PRO TEM BY COUNCILMEMBERS - Continued. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY THAT JOHN UNSWORTH BE ELECTED MAYOR. Mayor Unsworth opened the nominations for Mayor Pro Tern. Mr. Mac Murray nominated Howie Torn. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY TO CLOSE THE NOMINATIONS. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CAST A UNANIMOUS BALLOT TO ELECT HOWIE TORN AS MAYOR PRO TEM. - Council concurred to meet in Executive Session to discuss matters relating to a meeting held with the Elsinore Valley Municipal Water District today in order to brief the new council members. Council recessed to Executive Session at 7:13 p.m. Council reconvened at 7:25 p.m. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADJOURN TO APRIL 27, 1982, AT 7:30 P.M. ! v~ lh. ~w~ , JOHN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE -- ATTEST: ~d~ /D . ORAH A. HARRINGTON, CITY K City of Lake Elsinore '-.- +-> Q)ttl (/') "'0 >.c lLJ Q)ttl+-> l- N .c 0 'r- "'0 Q) > ~ ...... C > 0 .,.... -,.- ....J .c +-> 4- +-> ex: +->ttl U I- :::l.c"'O Q) 0 ttl+->C CL I- ttl <.n >,>, Q) ...... 4- " ~ :::l'r- N ~,~ "'O+->eo Q) ~ en .c ..Q)r-~ ttl U 'r- ...... C >,'r- ~ . ~...c ~ 0 0 Q) CL 4- 4-~ex: 'r- Q) "'0 ...... .c 4- Q) ttl O+-> UO 0 "'0 >, > 4- ttl 0 ""'0 <.n N C Q)eo.c 0 +-> en +-> <.n l.O ttl......fi) ~ +-> ...... 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L 169 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 27, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council of Lake Elsinore was called to order by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Knight. Mr. Torn announced that Altha Cauch, a long-time resident of the Lake Elsinore Community and former Librarian had passed away and asked for a moment of silence in her honor. ROLL CALL PRESENT: COUNCILMEMBERS: VALENZUELA, TORN, MACMURRAY, KNIGHT, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, Public Works Director Blackford and Building Director Fraizer. Ma.}Or Unsworth presented Mr. Baldwin with a plaque on behalf of the Councilmembers for his dedicated services while serving as a member of the City Council. Mayor"Unsworth presented a plaque to Mr. Stewart for his dedicated years of services, a portion of which as Mayor on behalf of the City Council. Mr. Stewart thanked the council stating he was very proud of the Community and the people he has worked with during his term in office as Councilmember and Mayor. PROCLAMATIONS/PRESENTATIONS Mayor Unsworth announced the Week of May 3 through 8th to be Bicycle Week ana Hire a Veteran Week. Mayor Unsworth announced that the Public Comments will be placed at the front of the agenda on a trial basis PUBLIC COMMENTS Mr. Stewart recommended to the public that if they would like to become involved in the community with any of their spare time, there are plenty of organizatians in the community in need of volunteers. Mr. Carter extended congratulations to the new councilmembers and wished the new members along with the entire Council best wishe~ for the upcoming years. Mr. Carter also had questions regarding the City Council meeting with E.V.M.W.D. Mr. Unsworth recommended Mr.- Carter ask his questions when the item comes up on the agenda. Mr. Dan Mer~itt 'congratulated the new councilmembers and thanked the Council for fixing some of the pot holes. Mr. Dick Murphy, congratulated the new councilmembers 0n their election to the City Council. 170 Page two City Council Minutes April 27, 1982 PUBLIC COMMENTS. Continued. Mr. Ray Kemp, owner of Huber Crafts located on Lakeshore Drive, stated that it has come to his attention that there has been a complaint on his business.and gave background information on what he felt were some of the reasons. Mr. Torn stated that his main concern on the property is outdoor storage. If the business would like to store items outside, then they should go through the process. Mr. Rede stated that staff can work with Mr. Kemp if Council so desires. I'"~ "p ~ i ~ Council concurred to have staff work with Mr. Kemp with no action to be taken by staff until Council hears this item again. Until action is taken on this item, the business will exist as is. Mr. Morris Kets; member of the Board of lake Village,. congratulated the new members of, the City Council. Mr. Kets also had questions regarding the construction of the Elsinore Village Dike. , Mr. Unsworth stated that this item is on the agenda tonight under Consent Calendar, item 6. CONSENT CALENDAR Council asked that Items 1, 2 and 6 be removed from the Consent Calendar. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE ITEMS 3, 4 AND 5. r-'.. AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSW~ NONE NONE i ...., 1. Resignation of Planning Commissioner Kempe. Removed from Consent Calendar. 2. Second Reading: Ordinance No. 637 - Amending Title 17. Removed from Consent Calendar. 3. Claim: Francis Foley vs. City of Lake Elsinore. Rejected and referred to City Attorney. 4. Machado Park - Installation of Vehicle Barriers - Authorized installation of vehicle barriers. 5. Resolution No. 82-26 - Approved Resolution No. 82-26 appointing County Health Officer to enforce public health rules, regulations and orders within the Corporate limits of the City of Lake Elsinore. 6. Bid Advertisement for Construction of Permantent Elsinore Village Dike. Removed from Consent Calendar. ITEMS REMOVED FROM CONSENT CALENDAR r 1. Resignation of Planning Commissioner Kempe. Mayor Unsworth read the letter from Mr. Kempe resigning from the Planning Commission. ~. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ACCEPT WITH REGRET THE LETTER OF RESIGNATION FROM MR. KEMPE. Council concurred to advertise the opening on the Planning Commission. -e- " ~ 'JO l"- '-:J Cl o -e:', L ill Page three City Council Minutes April 27, 1982 ITEMS REMOVED FROM CONSENT CALENDAR Continued. 2. Ordinance No. 637 - Second Reading. MOVED BY TORN, SECONDED BY KNIGHT TO HAVE THE CITY CLERK READ THE TITLE ONLY OF ORDINANCE NO. 637. ORDINANCE NO. 637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING PORTIONS OF ORDINANCES NO. 349, 620, 514, 480, 445, 442, AND PORTIONS OF TITLE 17, LAKE ELSINORE MUNICIPAL CODE. MOVED BY TORN, SECONDED BY VALENZUELA TO APPROVE THE SECONDED READING OF ORDINANCE NO. 637. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 6. Bid Advertisement for Construction of Permanent Elsinore Village Dike. Mr. Kicak gave background information on the Elsinore Village Dike as outlined in staff report dated April 22, 1982. Mr. Rede gave Mr. Getts a letter outlining the new schedule for completion of the project. ~r. Getts asked that the City remove the dirt and sandbags placed along the Village during the Floods. Mr. Rede stated that staff can work with Mr. Getts to address this problem and come up with some possible solutions. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY THAT STAFF ADVERTISE FOR BIDS FOR THE CON- STRUCTION OF THE ELSINORE VILLAGE DIKE SUBJECT TO CONDITIONS. PUBLIC HEARINGS 31. Conditional Use Permit #82-1. Small boat rental and launching on lake. 32310 Riverside Drive. Mr. Morrissey gave background information based upon a report dated April 6, 1982, recommending approval subject to eleven conditions which includes applicant shall provide boat identification color coding. t4ayor Unsworth opened the public hearings asking if anyone would like to speak opposition of the Conditional Use Permit. No one asked to speak. Mayor Unsworth ,asked if anyone would like to speak in favor of the Condtional Use Permit. ;. Mr. Dennis Hinkle, applicant for the project, clarified that there will not be any launching facilities. The boats will be tied up in the water on a full-time basis. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT #82-1. 172 Page four City Council Minutes April 27, 1982 Mr. Rede recommended that the previous City Council appoint the new Counci1members to the Redevelopment Agency. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPOINT ARTA VALENZUELA AND LARRY KNIGHT TO THE REDEVELOPMENT AGENCY BOARD. CITY COUNCIL ADJOURNED AT 8:13 TO THE REDEVELOPMENT AGENCY. CITY COUNCIL RECONVENED AT 8:55 P.M. BUSINESS ITEMS i. ~ 51. Extensions of Tentative Maps: Ordinance No. 638. Mr. Morrissey gave background information on adoption of an Ordinance pertaining to extensions of Tentative Maps. Mr. Porter made minor changes to the proposed ordinance. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 638. ORDINANCE NO. 638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 528, SECTION 4.16 CONCERNING TIME PERIODS, EXTEN- SION, AND NEW CONDITIONS WITH RESPECT TO TENTATIVE ~1AP S . MOVED BY TORN, SECONDED BY KNIGHT, TO WAIVE THE FIRST READING OF ORDINANCE NO. 638. r"" .... AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 52. Request for Deferred Loan in the amount of $5,000: Housing Committee of Elsinore Valley Local Development Corporation. Mr. Rede stated that staff would like some clarifications made by the applicant. Ms. Sharon Frank, President of the Elsinore Valley Local Development Corportion offered to answer any questions. Mr. Rede asked what the applicant's request for a deferred loan is. Is it a loan without interest or a grant. terms of the loan would be and what would be the interest amount. Ms. Frank asked that the Council approve the request with the terms to be worked out in negotiations~ Mr. Rede was concerned that the City or the Redevelopment Agnecy would be competing with the private sector in granting such a loan. Mr. Rede raised the question of other worthwhile organizations requesting funds from the City if a precedent is set by making of such loans by the City. Mr. Rede stated that he would like to meet with Ms. Frank to discuss the terms of the loan. f'" --- Mr. Porter suggested that the City Council/Redevelopment Agency discuss this item after the terms and conditions have been worked out by staff. MOVED BY VALENZUELA, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY THAT STAFF BRING THIS ITEM BACK AT THE NEXT MEETING. ,---e:- ' '\. ~ QO t-- ~ o o -C:' L 113 Page five City Council Minutes April 27,1982 BUSINESS ITEMS. Continued. 52. Request for Deferred Loan. Continued. Mr. Porter recommended that since Mr. Torn and Mr. Unsworth are on the City Council/Redevelopment Agency and also on the Local Development Corporation, that a conflict of interest may be avoided if they abstain from voting on Local Development Corporation items that may later come before the City Council/Redevelopment Agency. Mr. Torn asked if staff could work out short stops on items which have to go to the Planning Commission, Design Committee then to the Redevelopment Agency due to the time lag on items which are similar, but which keep coming back. 53. Request from Don Summers: Install Curbs, Gutters and Sidewalks at 29423 Ulmer. Mr. Rede gave background information on the request of Mr. Summers stating that the request has been reviewed by the Engineering, Building and Finance Departments. Mr. Rede-stated that the city normally requires the installation of the public improvements at the time construction takes place on the property, if that is not possbile for some reason, then the City would require the posting of bonds to secure the improvements to be made at a later date. In Mr. Summers case a bond was not filed, but instead a cash deposit was accepted in 1973. Mr. Summer's request is to have the city install the curbs, gutters and sidewalks and pay for the installation over and above the $506.00 for their installation. Mr. Porter stated that it appears that the city accpeted a deposit for the installation of the improvements with no agree- men t, a s tow h 0 wa s top uti nth e imp r 0 v e tT1 e n t s . Mr. Po r t e r further concluded that due to the lenght of time which has passed, that all statutes of limitations have run. Mr. Porter felt that the City had no legal obligations to Mr. Summers. Mr. Don Summers, 3104 Riverside Drive, Lake Elsinore, repr.e- senting the owner, discussed Resolution #461. MOVED BY TbRN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM UNTIL THE REPORT IS RECEIVED BY THE CITY ATTORNEY ON HIS RECOMMENDATION. C OU N C I L R E C E SSE D AT 9: 1 3 P .-M . COUNCIL RECONVENED AT 9:26 P.M. 54. Planning Studies Consultant: Award of Contract and Transfer of Funds. Mr. Morrissey gave background information ,on the selection of a planning studies consultant. Mr. Morrissey recommended the' selection of Alfred Gobar and Associates, Inc. and' the transfer of $3,500 from the General Fund to this study. Mr. Torn asked staff how much the total cost of the annexation would be. Mr. Torn stated that $15,000 was initially budgeted and would like to know how much over the project will cost. Mr. Morrissey reported that the annexation will be initiated and possibly approved through the Local Agency Formation Commission with the funds you have appropriated already. The studies incorporated within the report dated April 21, 1982, are flexible. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE RECOMMENDATION AND THE SELECTION OF ALFRED GOBAR AND ASSOCIATES, INC. AND AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS, FURTHER THAT COUNCIL BE PRESENTED WITH AN ANNEXATION BUDGET WITH SOME ESTIMATE OF IN-HOUSE COST. COUNCIL AUTHORIZED THE TRANSFER OF FlINOS IN THE AMOUNT OF $3500. 174 Page six City Council Minutes April 27, 1982 BUSINESS ITEMS Continued. 55. Request for Proposal for Water System Improvements. Mr. Kicak gave background information on the Request for Proposals for Water System Improvements based upon a staff report dated April 20, 1982. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UANIMOUSLY TO APPROVE THE REQUEST FOR PROPOSAL FOR ENGINEERING 'T"'r SERVICES IN CONJUNCTION WITH THE WATER SYSTEM DESIGN. 56. Request for Approval of Resolution authorizing E.V.M.W.D. to proceed with the Formation of Assessment District No. 79 -1 . Mr. Rede stated that the proposed resolution was received from E.V.M.W.D. and was led to believe that someone from the Water District would be present to answer any questions from the Council. Mr. Torn felt that there should be a policy board formed to include equal representation from the city and the water district. It would be a five (5) member board with 2 members from the City Council, 2 members of E.V.M.W.D. and a fifth member which would not have a vested interested in either the City Councilor E.V.M.W.D. Supervisor Walt Abraham has agreed to serve on the board. The policy board would be responsible to create the staffing, budget and parameters of responsibilities for sewer north of the freeway. Moved by Torn that as a .concept, direct staff to meet with the staff of the District in preparing the more specific agreements that would be required to establish the board. MOTION DID NOT PASS FOR LACK OF A SECOND. Mr. Rede stated that E.V.M.W.D. would prefer that 79-1 be excluded from review of the proposed policy board. Mr. Rede felt that the policy board should review 79-1. - MOVED BY TORN, SECONDED BY MACMURRAY AND APPRO~E UNANIMOUSLY TO APPROVE IN CONCEPT THE FORMATION OF A JOINT POWERS SEWERING ENITY TO BE A COMMITTEE TO BE COMPRISED OF TWO (2) MEMBERS OF THE CITY COUNCIL; TWO (2) MEMBERS OF THE WATER DISTRICT AND SUPERVISOR WALT ABAHAM AND THAT STAFF BE DIRECTED CONFER WITH THE DISTRICT'S STAFF IN BRINGING FORTH THE DETAILS OF SAID AGREEMENT. Mr. Unsworth felt that the City needs to hire an attorney especially for this project we need our own representation and suggested that the city hire the firm of MacKenzie Brown and Nazarek to represent the city. MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER BE AUTHORIZED TO NEGOTIATE WITH THE (_' FIRM OF BROWN AND NAZAREK FOR SERVICES RELATED TO THE JOINT SEWERS POLICY COMMITTEE AND THAT THE PROPOSAL BE BROUGHT BACK TO THE COUNCIL FOR FUNDING. - 57. Commercial Project 82-1; Earle Sproule, Sundance Development Company, Northeast of intersection of Riverside and Joy. Mr. Morrissey gave background information on the proposed project based upon a staff report dated April 20, 1982. Staff and Council recommended the following changes in the recommen~ed conditions of the Design Review Board: Delete conditions (1) and (2) under item #2; Condition #3 was changed to read: Subject to the hiring of a Registered Landscape Architect, the applicant shall provide the following: ...; Sub-condition to Condition #3, c) was changed to provide a three foot high berm. ..J:.t- '- l.O QC r-- '-:> o o ,..e:, L. 1 rl a Page seven City Council Minutes April 27,1982 BUSINESS ITEMS Continued. 57. Commercial Project #82-1. Continued. Mr. Sproule, applicant, stated that he would prefer that the block wall indicated on the site plan be five foot instead of six foot. Staff and Council concurred to delete Staff Recommendation on the Report to the Planning Commission number 10 and reduce the size of the block wall from six foot to five foot on condition number 12. MOVED BY VALENZUELA. SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ACCEPT COMMERCIAL PROJECT #82-1; EARLE SPROULE OF SUNDANCE DEVELOPMENT COMPANY WITH THE CORRECTIONS AS STATED. 58. Lake Elsinore Frontier Day Parade. Mr. Blackford the parade. explained the route change and the times of The Public Works Dept. will Mr. Vik, Chamber of Commerce. stated he is expecting a large turnout for the parade. Discussion ensued as to the amount of city support and cost would be incurred in the parade. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE APPROVE THE AMENDED PARADE ROUTE AND TO PROVIDE CITY SUPPORT AS DETERMINED BY THE CITY MANAGER. 59. Request of Jan Hesse1rode and Judy Stein Mr. Fraizer reported that the applicants are requesting a delay in the installation of street improvements and major landscaping. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE APPROPRIATE AGREEMENT BE DRAFTED ALLOWING FOR LAND- SCAPING INSTALLATION AT SUCH TIME OTHER OFF-SITES ARE INSTALLED. APPOINTMENTS TO THE LAKE ELSINORE TRANSIT SYSTEM BOARD MOVED BY TORN, SECONDED BY MACMURRAY, AND CARRIED UNANIMOUSLY THAT ARTA VALENZUELA AND LARRY KNIGHT BE APPOINTED TO THE LAKE ELSINORE TRANSIT SYSTEM BOARD. COUNCIL ADJOURNED TO THE LAKE ELSINORE TRANSIT SYSTEM BOARD AT 10:48 COUNCIL RECONVENED AT 10:55 P.M. REPORTS AND RECOMMENDATIONS Mr. Kicak briefed the City Council on the Request for Proposals for Water System Improvements based upon a report from staff dated April 20, 1982. The request 1s for engineering services in conjunction with the water system design. Mr. Kicak stated that after the drilling has taken place and $35,000 expended there are no guarantees that the quality of water will be sufficient. However reports from the Water Resouces Department indicate the water quality would be sufficient. There is a provision that the contract can be terminated after the water quality has been determined if necessary. MOVED BY TORN, SECONDED BY VALENZUELA TO APPROVE STAFF RECOMMENDATION TO AWARD THE CONTRACT TO McCOLLEN IN THE AMOUNT OF $83,567 WITH THE STIPULATION THAT THE CITY HAVE THE OPTION TO TERMINATE THE CONTRACT AFTER THE QUALITY OF THE WATER HAS BEEN DETERMINED. 176 Page eight City Council Minutes April 27,1982 REPORTS AND RECOMMENDATIONS Continued. Mr. Kicak stated that the site which they are proposing to develop this well, at this time, the city only has a right- of-entry. It may be appropriate at this time to authorize the City Manager to begin negotiations for an option to purchase the site. (- -"' MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED URANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO ALLOW THE CITY MAN~GER TO BEGIN NEGOTIATIONS TO PURCHASE THE PROPOSED SITE OF THE WELL. ~" Mr. Rede reported that staff has begun working with the Park and Recreation staff for the purpose of providing Bike Paths around the perimeter of the lake. Mr. Rede recommended City Council solicit citizen input at the May 11th Council meeting. City Council concurred. Mr. Blackford reported the City Park Irrigation System has been started. Council concurred to reaffirm the use of the water truck for the rodeo grounds. Council concurred to get the number of barriers to be used by the parade and the cost of staff time in conjunction with the parade. Mr. Torn reported that there is a problem with overnighters parking along the lake perimeter. Ms. Valenzuela recommended the Council hold a study session to address this problem and other related problems around the lake perimeter. A meeting was scheduled for May 3rd at 7:30 p.m. re,. - Discussion ensued regarding the cleaning of the Channel and the method for its cleaning. Staff will report back to the Council on this item. Discussion was held regarding jurisdictional control and land- scaping requirements around the lake perimeter. Mr. Morrissey stated that staff is looking at this matter during the revision of the general plan. Mr. Unsworth reported that two members of the City Council should attend the Park and Recreation Meeting to be held on May 5, 1982. Mr. Unsworth and Mr. Torn will attend the meeting, representing the City Council. Mr. Unsworth reported that the City Manager has come up with a new form of application for people interested in serving on commissions, committee and boards. The following boards were recommended by Mr. Unsworth: Mayor Citizen Adivisory Committee Polic & Fire Research Committee Historical Preservation Commitee Park Advisory Committee Community Center Committee Planning Commission. Mr. Unsworth reported that there have been some citizen complaints on dust at the airport and ultralights and the need for weekend and holiday code enforcement. Council concurred to direct the Code Enforcement Officer to deal with code violations as they are seen, not on a complaint basis. r - Mr. Unsworth expressed concern about a rumor stating that. when a new judge is selected for Perris, the existing judge which comes to Lake Elsinore would go to the Court in Temecu1a. Staff was instructed to investigate the matter and report back to Council. - ~ QO t-- I""':) o o - I" ., Page nine City Council Minutes Apri 1 27, 1982 REPORTS AND RECOMMENDATIONS - Continued. Ms. Valenzuela expressed concern about a rumor about the Odd Fellows Building which has been sold and the contents in the building have a historical value to the city. Staff will look into this matter. COUNCIL CONCURRED TO GO INTO EXECUTIVE SESSION AT 11:20 P.M. COUNCIL RECONVENED AT 11:55 P.M. WITH NO ACTION TAKEN ON A MATTER PERTAINING TO PERSONNEL. ADJOURNMENT MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE CITY COUNCIL MEETING AT 11:56 P.M. -#~ ~ I i4, .,,-c,-;!r JO G. UNSWORTH, MAYOR CI Y OF LAKE ELSINORE ATTEST: ~~~ CITY OF LAKE ELSINORE }" ~ CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING MINUTES MONDAY, MAY 3, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. CALL TO ORDER - The meeting of the City Council of the City of Lake Elsinore was called to order by Mayor Unsworth at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Mac Murray. 3. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE l.Q 'JO r-- I"'":) ~ o Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Building Director Frazier and Public Works Director Blackford. 4. LAKE PERIMETER STUDY SESSION The City Council discussed problem areas around the lake perimeter. Council concurred some type of enforcement would be in order to deal with unauthorized overnight camping along the lake perimeter. Rubbish along the lake perimeter was discussed with Mr. Porter recommending staff look into a Lakeshore Maintenance District Agreement. Council con- curred to have Mr. Rede look into the Youth Conservation Corp. Discussion ensued regarding establishing guidelines for temporary user's permit for camping and day use facilities. Mr. Rede will have staff look further into this type of use. 5. GENERAL PLAN NEIGHBORHOOD MEETINGS/BUDGET SESSION SCHEDULING Mr. Rede recommended that the first Budget Meeting be scheduled for May 17th from 6 to 9 p.m. with two additional meetings in May and the remainder of the unfinished budget to be discussed in June. Mr. Morrissey reported that the General Plan schedule has been set back by one week. Council concurred to adjourn the meeting to the 18th from the 11th of May. This would be an executive session to discuss personnel. 6. ADJOURNMENT MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 10:12 P.M. ATTEST: ~fB'~~~~' CITY OF LAKE ELSINORE JHO CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING MINUTES THURSDAY, MAY 6, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. CALL TO ORDER The meeting of the City Council was called to order by Mayor Unsworth at 3:00 p.m. 2. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE ..... Also present were: City Manager Rede and City Clerk Harrington. 3. State Park Improvements and Mari na Construction Project: RESOLUTION NO. 82-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS CONCEPTUAL APPROVAL OF CERTAIN AC- QUISITIONS, DEVELOPMENTS AND IMPROVEMENTS PROPOSED BY THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AND BY THE CALIF- ORNIA DEPARTMENT OF BOATING AND WATERWAYS AT THE LAKE ELSINORE STATE PARK AND IN THE VICINITY OF THE CONFLUENCE OF LAKE ELSINORE AND THE TEMESCAL WASH. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-28. 4. ADJOURNMENT MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING TO MAY 11, 1982. - ATTEST: I') ,\,,~ ,. 1; f~)vt7 - r- l~l CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, 'MAY 11, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council was called to order at 7:30 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Unsworth. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, TORN, MACMURRAY, UNSWORTH, VALENZUELA ABSENT: COUNCILMEMBERS: NONE ~ Also present were: City Manager Rede, City Attorney Porter, ~ Planning Director Morrissey, City Clerk Harrington, City Engineer '-:> Kicak, Building Official Fraizer, Finance Director Ronnow and ~ Public Works Director Blackford. o ,.-c:.. 8. ..-.. 9. 10. ll. 12. 1 3. 14. 1 5. CONSENT CALENDAR The following items were removed from the Consent Calendar for discussion: l-c, 6, 8, 10. MOVED BY TORN, SECONDED BY MACMURRAY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Mi nutes a. April 14, 1982 - Regular Meeting - Approved as presented. b. April 20, 1982 - Adjourned Meeting - Approved as presented. c. April 27, 1982 - Regular Meeting - Removed from Consent Calendar. 2. Warrant List - Approved warrant numbers 16057 through 16260 in the amount of $39,435.79. 3. Agreement with County Office on Aging - Approved Resolution No. 82-30 and authorize City Manager to sign and execute all agreements between the City and the County Office on Aging. 4. Agreement with Kay Jordon - Kay1s Barn - Approved Agreement. 5. Agreement with Jan Hesselrode & Judy Stein - Approved Agreement. 6. Agreements for Installation of Street Improvements on various locations - removed from Consent Calendar. 7. Acceptance .of Grant Deed for Project #82-2 - Butterfield Savings Four-plex Alleyway Dedication - Approved. Tract #12155 - Release Maintenance Bond - Removed from Consent Calendar. Tract #13571 - Final Map Approval - Approved Final Map. Limited Street Pedestrian Bridge - Notice of Completion - Removed from Consent Calendar. Settlement - City of Lake Elsinore vs. EPA - Approved, $13,440.50. Claim - Essam Hamdi - Rejected and referred to City Attorney. Claim - Ruth Washington - Rejected and referred to City Attorney. Code Enforcement Officer Report - April - Received and filed. Animal Control Report - April - Received and filed. '182, c e [ Page two City Council Minutes May 11, 1982 CONSENT CALENDAR Continued. Items removed from the Consent Calendar. 1 c. Minutes of April 27,1982. - Mr. Rede corrected the minutes under Public Comments and items 52, 58 and Reports and Recommendations. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF APRIL 27, 1982. - 6. Agreements for Installation of Street Improvements at various locations. A public request was received for Council to explain the nature of the agreements and their locations. Mr. Kicak explained the agreements were for Curbs, Gutters, Sidewalks, Paving and other Public Improvements; and Alley Improvements at 1309 West Heald Avenue, 17439 Ryan Avenue and Elsinore West Marina. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE AGREEMENTS. 8. Tract #12155 - Release Maintenance Bond. Mr. Unsworth questioned whether or not the bonds should be released as a portion of the road has caved in, and there is a hole next to the curb about two feet deep. Mr. Kicak stated that he will notify the developer to have the street repaired by the end of next week. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO PLACE THIS ITEM ON THE NEXT AGENDA. ....- 10. Limited Street Pedestrian Bridge - Notice of Completion. Mr. Unsworth asked staff to research the installation of posts at the Limited Street Pedestrian Bridge. Mr. Kicak reported that the installation of the posts was in the original agreement, however, it was not included in the amended agreement. Mr. Kicak stated that K.E.C. Company could 'prov.ide the posts with the installation to be done by the City. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION WITH THE STIPULATION THAT THE POSTS BE PROVIDED BY THE CONTRACTOR. PUBLIC HEARINGS 31. Conditional Exception Permit #82-1. A.B.C. Heritage, Inc. Mr. Morrissey gave background information on Conditional Exception Permit #82-1, based upon la staff "report dated May 4, 1982. Staff recommendation was for approval subject to three (3) conditions of approval, plus two (2) administrative conditions which were the issuance of a negative declaration and a finding of no significant impact upon the environment. Mr. Unsworth opened the publichearing at 7:44 asking those in opposition to the permit to speak. No one asked to speak. Mr. Unsworth asked if anyone would like to speak in favor of the permit. - Mr. Wesley Hylen, P. O. Box 20471, Riverside, stated that he is in concurrance with the recommended conditions. Mr. Unsworth closed the public hearing at 7:46 p.m. ( ! I l ~ r-. t-- I""':) Q o po.. l _' -, L 183 Page three City Council Minutes May 11, 1 982 PUBLIC HEARINGS Continued. 31. Conditional Exception Permit #82-1. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL EXCEPTION PERMIT #82-1, WITH THREE (3) CONDITIONS AND TWO (2) ADMINISTRATIVE CONDITIONS. 32. Conditional Use Permit #82-2. David Wright Mr. Morrissey gave background information on Conditional Use Permit #82-2, based upon a staff report dated May 4, 1982. Staff recommendation was approval of Conditional Use Permit #82-2 subject to nine (9) conditions. Mr. Unsworth opened the public hearing at 7:49 p.m. asking those in opposition to the permit to speak. No one asked to speak. Mr. Unsworth asked if anyone would like to speak in favor of the permi t. Mr. David Wright, 32942 Dwight Street, Lake Elsinore, stated he did not have a problem with the majority of the recommended conditions. Mr. Wright clarified that he will not have any open storage of vehicles on the property. The tow trucks will be dispatched from the office only. Mr. Unsworth closed the public hearing at 7:52. Mr. Torn felt the project was not compatible with the General plan for the Redevelopment of the area; the trailer was not acceptable as an office and there is a need to recognize the goals of 'the Redevelopment Agency. Mr. Wright stated there are rest room facilities~,available and that he is asking to use the trailer on a temporary basis for two years until he gets his feet on the ground. Discussion ensued regarding the screening of the property with the applicant and council concurring that only 3/4 of the fence will be screened, due to viewing of oncoming traffic. At this time Mr. Torn called the Redevelopment Agency Meeting to order at 8:01 p.m. Council asked that a r~port from the fire and safety area be prepared on this subject. 33. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED THAT THE APPLICANT BE GIVEN A CONDITIONAL USE PERMIT TEMPORARILY INCLUDED THAT THERE WILL BE NO STORAGE FACILITIES FOR SIX MONTHS TO ONE YEAR WITH REVIEW AFTER THAT TIME, AMENDING CONDITION #6. TORN VOTED NO. Parcel Map #17506 - Butterfield Surveys Mr. Morrissey gave background information on the Parcel Map based upon a report dated April 30, 1982, with the Planning Commission recommending approval of the subdivision with twelve (12) conditions including all environmental findings and a finding the map need not comply with the Hillside Planned Development Ordinance. Mr. Unsworth opened the public hearing at 8:12 p.m. aSking if anyone would like to speak in opposition to this item. No one asked to speak. Mr. Unsworth asked if anyone would like to speak in favor of the parcel map. Mr. Allen Pace, Butterfield Surveys, representing the applicant, stated they are in agreement with the conditions. 1B4 Page four City Council Minutes May 11 L 1982 33. Parcel Map #17506 Continued. Mr. Unsworth closed the public hearing at 8:14 p.m. Mr. Torn asked for clarification that the street improvements to be installed will be those fronting the property. Mr. Pace, stated that street fronting the property would be the only improvements that he would be installing. The proposed project could not economically afford to do any other improve- ments besides anea fronting the project. ...,J' t ',", MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE PARCEL MAP #17506, AND AMEND CONDITION #12 TO REA D AS F 0 l lOW S : "A FIN DIN G 0 F CON FOR M I T Y TOT H E E X 1ST I N G GENERAL PLAN AND All PRESENTLY ANTICIPATED GENERAL PUAN ELEMENTS TO BE ADOPTED.II. 34. lake Elsinore Bikeway Project Mr. Steel gave background information on the grant application for the lake Elsinore Bikeway Project based upon a report sub- mitted to council dated May 5, 1982. Mr. Unsworth opened the public hearing at 8:26 p.m. asking if anyone would like to speak in opposition to the Bikeway Project. Barbara Miller, residing on lemon Street in the County, felt that if the Bike path in done in conjunction with the road improvements it may make a difference, however, felt there are.other areas in need of funding. Mr. Steel. reported that the funds to be used for the bikepath are in a grant form and can only be used for pedestrian or bike paths. -- . '" Mr. Unsworth asked the City Manager and the Public Works Director to meet with Mrs. Miller on the Bikeway Project. Mr. Unsworth asked if anyone would like to speak in favor of the Bikepaths. Mr. Allen Baldwin, 16496 lash, lake Elsinore, spoke in 'favor of the Bikepaths. Jim Bassinger, 33638 Bronco, spoke in favor of the project. Frank McTeese, 20345 Gnand Avenue, spoke in favor of the project. Mr. loren Culp, 32993 Machado Street, spoke in favor of the project and asked the council to consider developing the bike- paths at Four Corners and lakeshore Drive first. Carol Price, 1123 McKinley, spoke in favor of the project to begin at Four Corners and Lakeshore Drive. Mr. Unsworth closed the public hearing at 8:46 p.m. Mr. Steel reported that the City is making an agreement to ~ re-do Cordyon Road, and as a result wanted to start with Corydon Road. Mr. Steel reported also that in come areas the Bikepaths will be both in the City and the County. The County and the City will be submitting the grant jointly. Ted Nelson, Park and Recreation Board, explained that the bikepath is intended to be used primarily for bikers and any vehicles which do not abide by the California Vehicle Code can be ticketed for violations. 185 Page five City Council Minutes May 11,1982 PUBLIC HEARINGS. Continued. 34. Lake Elsinore Bikeway Project MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO FINALIZE THE GRANT APPLICATION FOR THE BIKEWAY PROJECT. 35. Notification Fee Mr. Rede reported that this item has been before the Council and staff at Council direction, re~evaluated the fee structure. The City Council must hold public hearings before they can assess fees. Mr. Unsworth opened the public hearing at 8:47 asking if anyone would like to speak in opposition to the Notification Fee. No one asked to be heard. l.Q ~ r.... '""':) ~ o Mr. Unsworth asked if anyone would like to speak in favor of the Notification Fee. No one asked to be heard. Mr. Unsworth closed the public hearing at 8:49 p.m. ,...,c;;.. RESOLUTION NO. 82- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINROE, CALIFORNIA, ESTABLISHING FEES FOR MAILING SERVICES RENDERED PURSUANT TO SENATE BILL 1005. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82- PUBLIC COMMENTS Allen Baldwin, 16496 Lash, Lake Elsinore, would like the Council to accept a goal of reaching out to the residents and distributed information about establishing a city newsletter, helping the press communicate to the citizens and how the city can develop a better working relationship with the press. Mr. Baldwin also asked the council to refrain from extensive talking in closed sessions. Mr. Baldwin further asked the Council to appoint Bill Saathoff to the Planning Commission. Eugene Ca rter, 109 N. Lowell, sta ted he was in favor of ia ci ty newsletter. BUSINESS ITEMS 51. Citizen Request - 29423 Ulmer - Don Summers Mr. Porter gave background information on the Cittzen Request for installation of curb, gutter and sidewalk. Mr. Porter recommended the City Council refund $506.00 upon installation of improvements or upon execution of standard agreement to install improvements. Mr. Porter gave background information bases upon a report dated April 29, 1982. Mr. Summers asked the City to install the improvements, curb, gutter and sidewalk, for which the property owner has already paid $506.00. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO REFUND $506.00 UPON INSTALLATION OF IMPROVEMENTS OR UPON EXECUTION OF STANDARD AGREEMENT TO INSTALL IMPROVEMENTS. REFUND PAYMENTS SHOULD BE MADE PAYABLE JOINTLY TO PROPERTY OWNERS AND FARMERS HOME ADMINISTRATION. Mr. Summers asked if the property owner would be reimbursed for the interest due to him. 1861 I j Page six City Council ~1inutes May 11, 1982 BUSINESS ITEMS 51. Citizen Request - 29423 Ulmer Street - Don Summers. Continued. Mr. Torn stated he would like the motion to stand as is until a report comes from the Finance Director. 52. Waiver of Conditional Use Permit Fees, 16935 Ulmer Street. Mr. Morrissey gave background information on the request for waiver of Conditional .Use Permit Fees recommending denial. - Mr. Don Banfield, 16935 Ulmer, stated he would like the waiver of Conditional Use Permit fees in order to expand the number of show dogs allowed in a residential area. Deborah Kent, 3590 Lakecrest Drive, spoke in favor of the proposed use and regarding the nature and history of the Rottweiler, the dog breed they are raising. Mr. Torn asked if this type of use would be considered a Home Occupation. Mr. Morrissey stated that the applicant could apply for a Home Occupation License in lieu of a Conditional Use Permit, however, there would be conditions of approval. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO WAIVE THE NEED FOR A CONDITIONAL USE PERMIT AND DIRECT THE BANFIELDS TO APPLY FOR A HOME OCCUPATION PERMIT. 53. Sidewalk Improvements - Graham and Schrivener Mr. Morrissey gave background information on request to have -- the property owner provide sidewalk improvements to,the property located at the intersection of Graham Avenue and Schrivener Street. Mr. Torn asked if the property owner had been notified that the City Council would be hearing this item. -Mr. Morrissey replied that he had been in contact with the property owner in the past. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM UNTIL THE PROPERTY OWNER HAS BEEN NOTIFIED. 54. Appeal of Parking Ordinance Requirements on 1307 W. Lakeshore Drive - Zafar Husain Mr. Morrissey gave background information on the request for appeal of Parking Ordinance Requirements based upon a staff report dated May 6, 1982, recommending approval of a one (1) year agreement for waiver of parking improvements and issuance of a temporary occupancy until the agreement is executed. Mrs. Husain, 800 Magnolia St., Corona, stated that her husband has a building located at 1307 Graham Avenue and would like the parking in the rear of the building. Mr. Husain's business would be part-time in Lake Elsinore and part-time in Riverside. , .... MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO APPROVE A ONE YEAR AGREEMENT AND THE ISSUANCE OF A TEMPORARY OCCUPANCY PERMIT. AYES: NOES: ABSENT: MACMURRAY, TORN, VALENZUELA, UNSWORTH KNIGHT NONE lrJ " Page seven City Council Minutes May 11,1982 BUSINESS ITEMS Continued. 55. Left Turn Lane, Huntsman Mobile Home Park Mr. Blackford gave background information on the request of the manager of the Hunstsman Mobile Home Park for a left turn lane into the park. Staff recommended denial of the request. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO REFER TO THE COUNTY OF RIVERSIDE ROAD DEPARTMENT FOR THEIR INPUT. 56. Citizen Request - Eugene Carter Mr. Carter asked general questions regarding the Elsinore Valley Municipal Water District,and other general questions. l.Q Xl t-- ~ Q o CITY COUNCIL RECESSED AT 10:17 P.M. CITY COUNCIL RECONVENED AT 10:25 P.M. 57. General Plan Extension Mr. Morrissey gave background information on the General Plan Extension Request and Resolution based upon a report dated May 5, 1982. Staff recommends approval and adoption of the Resolution extending the General Plan Extension Agreement with the State of California. Discussion ensued as to the length of time the request should be made for, six months or one year. ~ RESOLUTION NO. 82-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING A NEED FOR AN EXTENSION OF TIME TO COMPLETE REQUIRED ELEMENTS TO THE GENERAL PUAN. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION WITH THE TIME LIMIT REVISED TO ONE YEAR. 58. Solar Access: Resolution No. 82-33 Mr. Morrissey gave background information on the need for the adoption of the Resolution based upon a report dated April 30, 1982. Mr. Morrissey amended the resolution on line 16 to read 1I....does set the following policy:1I - RESOLUTION NO. 82-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE ENERGY CONSERVATION CONSIDERATIONS OF THE SUBDIVISION MAP ACT, SECTION 66473.1. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-33 AS CHANGED BY THE PLANNING DIRECTOR. 1MB. c r L Page eight City Council Minutes May 11, 1982 BUSINESS ITEMS Continued. 59. Population Projections Mr. Morrissey gave background information on the Population Projections based upon a report dated May 3, 1982, recommending approval and adoption of Resolution No. 82-34. Mr. Morrissey recommended that lines 20 and 21 be deleted after the phrase, NOW, THEREFORE, BE IT RESOLVED that: RESOLUTION NO. 82-34 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SPECIFIYING THE FUTURE POPULATION GROWTH OF THE CITY UNTIL THE YEAR 2000. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-34 AS AMENDED. 60. Weed Abatement Program - Set for Public Hearing - May 25, 1982 and Approve Resolution No. 82-35. Mr. Blackford gave background information on the Weed Abate- ment program based upon a report dated May 5, 1982. The Resolution was amended to read on line 10: II and health hazardll. RESOLUTION NO. 82-35 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA DECLARING THAT CERTAIN RUBBISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED IN SECTION 39590 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE NO. 532 CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH CHAPTER 13~ PART 2, DIVISION 3 OF TITLE 4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE 532, AND PROVIDING FOR POSTING OF NOTICE TO PROPERTY OWNERS AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH THE FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-35 AND SET THE PUBLIC HEARING FOR MAY 25, 1982, WITH THE CORRECTION IN THE RESOLUTION. ..., 61. Deferred Loan Request - Local Development Corporation. Mr. Steel gave background information on the loan request by Local Development Corporation based upon a report dated May 7, 1982, recommending denial of the 12%, ten-year loan; or, if Agency/Council desires, 1) Approve ten year loan at 16% interest, and 2) Direct Agency Attorney to prepare loan document. Bill Sattoff asked if the L6ca1 Development Corporation secures a loan from a private organization, if the City would co-sign on the loan. Mr. Carter stated he felt that the City should not get into the loan lending business. Bill Sattoff asked that due to the time element, he would 1 ike a letter from the City granting conceptual approval of the request. Counti1 c6ncurred to have Mr. Rede work with the Local Development Corporation and bring back to the City Council. -- , LJ l"- t-- ~ Q o l. - L 18~! Page nine City Council Minutes May 11, 1 982 BUSINESS ITEMS - Continued 62. Elsinore Valley Municipal Water District Resolution Mr. Rede reported that this item is at the request of the Elsinore Valley Municipal Water District (E.V.M.W.D.) for an enabling resolution from the City Council to permit them to proceed with the formation of Assessment District No. 79-1 to provide sewer treatment facilities for Canyon Lake Hills and those portions of A.B.C. Heritage or Deon, and Kecor within the city 1 imi ts. Mr. Porter recommended a modification in the resolution which documents the fact the proposed Assessment District No. 79-1 which will be adminis- tered by a joint body. Mr. Langton, Elsinore Valley Municipal Water District stated he would have to take this resolution back to his board and emphasized the urgency of the resolution. Mr. Langton stated that the regional treatment plant and 82-1 are proposed to be done at the same time. Tony Meyers, Elsinore Valley Municipal Water District Director stated he would like to be able to form the boundaries for the assessment district. RESOLUTION NO. 82-36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING RESOLUTION OF INTENTION AND BOUNDARY MAP FOR AND CONSENTING TO THE WORK AND FORMATION OF ASSESSMENT DISTRICT NO. 79-1 (CANYON LAKE) OF ELSINORE VALLEY MUNICIPAL WATER DISTRICT. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-36 APPROVING THE RESOLUTION OF INTENTION AND BOUNDARY MAP FOR ASSESSMENT DISTRICT NO. 79-1 (CANYON LAKE) WITH THE ADDITION OF A FOURTH WHEREAS, TO READ: WHEREAS, ASSESSMENT DISTRICT NO. 79-1 (CANYON LAKE) WILL BE ADMINISTERED BY ELSINORE VALLEY MUNICIPAL WATER DISTRICT PURSUANT TO POLICIES PROt~ULGATED BY THE JOINT AGENCY SEWER POLICY COMMITTEE TO BE ESTABLISHED BY THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND THE CITY OF LAKE ELSINORE, AND THAT MAP IA' BE THE EXHIBIT FOR THAT RESOLUTION. Mr. Langton stated that he would like a letter from the City giving E.V.M.W.D. permission to proceed with the mail out ballots for Assessment District 82-1. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER BE AUTHORIZED TO DRAFT A LETTER STATING OUR CON- CURRENCE FOR THE NEED FOR ASSESSMENT DISTRICT NO. 82-1. REPORTS AND RECOMMENDATIONS Mr. Torn reported that at 314 and 315 Campus Way there are a couple of U.S. Rural Home Projects which had a drainage ditch constructed some time ago which have had some concerns raised about them. Mr. Unsworth asked that if items like the Banfield's request should come up in the future, he would like items which have to do with animals, that the staff should receive input from the Animal Control Officer and the Code Enforce- ment Officer. CLOSED SESSION COUNCIL ADJOURNED INTO CLOSED SESSION AT 12:17 A.M. TO DISCUSS PERSONNEL. COUNCIL RECONVENED AT 12:38 A.M. WITH NO ACTION TAKEN. 190 Page ten City Council Minutes May 11, 1982 ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN AT 12:38 P.M. TO May 18, 1982 AT 6:00 P.M. );) ~~~~:Jt( JO G. UNSWORTH, MAYOR CI Y OF LAKE ELSINORE ATTEST: 4~&~ D RAH A. HAR GTON, CITY R -r' ~ ~ 1"1 CITY OF LAKE ELSINORE SEPCIAL CITY COUNCIL MEETING MINUTES MONDAY, MAY 17, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. CALL TO ORDER The special meeting of the City Council of the City of Lake Elsinore was called to order by Mayor Unsworth at 6:07 p.m. 2. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Clerk Harrington and Finance Director Ronnow. l.Q X) l'- ''"':) o ,~ 3. SEWER POLICY A. Reconsideration of Resolution No. 82-36 At the request of the Mayor, Mr. Rede explained that the purpose of the meeting was to reconsider the city's sewer policy and Resolution No. 82-36 which was passed at the last regular City Council meeting. This meeting was also called at the suggestion of the city's Special Counsel, Eugene Nazarek, for water-sewer related matters. Resolution No. 82-36 authorized the Elsinore Valley Municipal Water District (E.V.M.W.D.) to proceed with Assessment District No. 79-1, Canyon Lake Sewer Treatment Plant. Mr. Rede stated that E.V.M.W.D., at a meeting held by their Board on May 12, 1982, directed their district counsel to draft another resolu- tion for the Assessment District 79-1. City staff has not as yet determined why E.V.M.W.D. is redrafting the resolution of intention. Mr. Torn reported that Mr. Nazarek felt that the language which was inserted into the city's resolution was weak and suggested that stronger language be inserted and suggested that a meeting be scheduled between the City Council and himself to discuss the E.V.M.W.D. matter. Mr. Nazarek further felt that E.V.M.W.D. could proceed with the Assessment District without any input from the City Council with the language which existed in the city's resolution. Mr. Torn reported that Mr. Nazarek felt that the existing Resolution No. 82-36 should be rescinded. MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO RESCIND RESOLUTION NO. 82-36. Discussion ensued as to when Mr. Nazarek could meet with the City Council to discuss a resolution authorizing E.V.M.W.D. to proceed with Assess- ment District No. 79-1. - It was suggested that May 18th or 19th be set for possible study sessions to discuss sewer policy. 4. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING TO MAY 18, 1982 AT 6:00 P.M. .iJ, i~ fA J N G. UNSWORTH, MAYOR C TY OF LAKE ELSINORE ATTEST: ~~~. CITY OF LAKE ELSINORE IBZ CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, MAY 25, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council of the City of Lake Elsinore was called to order by Mayor Unsworth at 7:35 p.m. I i J..; PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Valenzuela. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, City Engineer Kicak, Building Director Frazier, Administrative Assistant Steel and Mr. Unsworth announced that Cub Scout Pac 30 Den #2, has been taken on a tour of City Hall and is attending the City Council Meeting. The Cub Scout Pac asked if there was anything they could do for their citizenship badges. Mr. Unsworth with Council concurrence recommended they put num- bers on some of the houses within the city. Mr. Knight, at this time, read a portion of the IIHistory of Lake Elsinorell pertaining to the year of incorporation. There appears to be a discrepancy on the date of the incorporation. The book mentions the ~ date of incorporation to be 1883 not 1888. Staff will look into this matter. Mr. James Merlick, resident of Lake Elsinore, asked the Council to get their own police department. CONSENT CALENDAR Items 2, 3, 4, 5, 6, 7, 8, 10 were removed from the consent calendar at Council and the public request. MOVED BY TORN, SECONDED BY VALENZUELA TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCI L~1EMBERS: COUNCI LMEt~BERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 1. Minutes: a. May 3, 1982 - Approved as presented. b. May 6, 1982 - Approved as presented. c. May 11, 1982 - Approved as presented. d. May 17, 1982 - Approved as presented. 2. Ordinance No. 638 - Time Extension relative to Tentative Maps. .. Second Reading. Removed from Co.nsent Calendar. MOVED BY TORN, SECONDED BY KNIGHT TO READ ORDINANCE NO. 638 BY TITLE ONLY. MOTION CARRIED UNANIMOUSLY. The City Clerk read the Title to Ordinance No. 638. l~a Page two City Council Minutes May 25, 1982 CONSENT CALENDAR. Continued. - ORDINANCE NO. 638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 529, SECTION 4.16 CONCERNING TIME PERIODS, EXTENSION, AND NEW CONDITIONS WITH RESPECT TO TENTATIVE MAPS. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE ORDINANCE NO. 638. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE ~ Items 3, 4, and 5 were considered simultaneously. ~ '-:> Council concurred to make changes in Resolutions regarding Facsimile ~ Signatures on Warrants, Investments in Banks and Revolving Payroll ,0 Funds. The following resolutions were approved by one motion. RESOLUTION NO. 82-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING FACSIMILE SIGNATURES ON CITY WARRANTS. RESOLUTION NO. 82-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING INVESTMENT OF CITY MONIES IN BANKS AND SAVINGS AND LOAN INSTITUTIONS. RESOLUTION NO. 82-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING FACSIMILE SIGNATURES ON REVOLVING PAYROLL FUND. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NUMBERS 82-37, 38 AND 39. 6. Resolution Supporting U. S. Customs & Immigration Services at Ontario International Airport. Upon review of Resolution No. 82-40 the following motion was made. RESOLUTION NO. 82-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE SUPPORTING UNITED STATES CUSTOMS AND IMMIGRATION SERVICES AT ONTARIO INTERNATIONAL AIRPORT. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-40. J94 c c..........:.....' to' [. Page Three City Council ~'1inutes May 25, 1982 CONSENT CALENDAR. Continued. 7 . P 1 ann i n g S t u die s - C. G o' E n gin e e ri n 9 . This item was removed from the Consent Calendar for further consideration. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM UNTIL THE COUNCIL HAS REVIEWED THE INITIAL S TU DY . I I ... 8. Award Air-Conditioning/Heating Contract - Community Center. Mr. Foster gave background information on the Community Center Air-Conditioning/Heating Bids which were received recommending the City Council award the bid to K & L Enterprises in the amount of $21,834.60. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO AWARD THE AIR-CONDITIONING/HEATING CONTRACT TO THE LAKE COMMUNITY CENTER TO K AND L ENTERPRISES IN THE TOTAL AMOUNT OF $21,834.60. 9. A1 Wood Request for Temporary Electrical Permit. Approved issuance of temporary electrical permit. 10. Street Light - Intersection of Sumner and Matich. This item was removed from the Consent Calendar for further discussion, by a member of the public. A short discussion of this matter ensued. MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE; 11. .,.j., Building and Safety Department Monthly Report - April. Received and Filed. 12. Fire Safety/Housing Monthly Report - April. Received and Filed. 13. Set for Public Hearing - June 22, 1982. Conditional Exception Permit #82-2 - T & S Development. Approved. PUBLIC HEARINGS 31. l~eed Abatement - Receive input from Property Owners. Mr. Blackford gave background information on this item stating the area to be abated was along the Lake Channel and the Lake Perimeter. Mayor Unsworth opened the public hearing at 8:00 p.m. Charlotte Murnow stated that she does not know where her property lines are. The Public Works Director will meet with her to dis- cuss the location of her property lines and the weed abatement program. The public hearing closed at 8:05 p.m. No action was necessary on this item. .J PUBLIC COMMENTS Margaret Reider, resident of Lake Elsinore, asked the City Council to look into traffic signals at the Four Corners intersection and Mission Trail and Railroad Canyon Road. Paul Backus asked the Council to look at putting a signal at Four Corners and suggested removing two of the stop signs in an effort to get the attention of Caltrans to act on the traffic signal. The City Engineer stated he had some problems with that suggestion. Caltrans has done a survey of the area and feels it is not warranted and the city could not assume the liability for the removal of the signs. l~~ Page Four tity Council Minutes May 25, 1982 BUSINESS ITEMS 51. Waiver of Parking Requirements Request Mr. Morrissey gave background information on the request based on a report dated May 20, 1982, recommending approval of the use subject to the payment of $13,230.00 to the Redevelopment Agency/City Council to be placed in a fund for the improvement of parking lots. ,. Mr. Porter stated he would like to look into this matter further. Mr. Porter felt there may be a problem with collecting of fees for this purpose since the ordinance did not specifically allow it. Mr. Torn stated that he would like the downtown section re- vitalized but that by charging a fee for parking would scare some potential businesses away. ~ ~ ~ .~ o ~ Discussion was led on the possibility of an assessment district for parking in the downtown section. Mr. Porter reported that under the present ordinance, it would not be possible. Mr. Robert Cavella, applicant, stated he expects to have between 40 and 60 percent of walk-in business. Mr. Cavella would prefer not to pay the $13,230 at this time, but feels that an annual fee,would be more workable. ~ MOVED BY TORN, SECONDED BY KNIGHT TO APPROVE IN CONCEPT THE WAIVER OF PARKING REQUIREMENTS SUBJECT TO THE ATTORNEY'S POSSIBLE MODIFICATION OF EXISTING ORDINANCE AND RECOGNIZATION ON THE PART OF THE APPLICANT THAT THE PARKING FEES WILL BE A MINIMUM OF $13,230.00. Mr. Torn explained to the applicant that the $13,230 would be a minimum fee and that the fee may become larger if the attorney bases the ordinance on an index system. This is only a suggestion for the structure of the proposed ordinance. Nancy Shaffer, asked additional questions on the parking requirements for restaurants. Ms. Shaffer felt that only one space per three patrons should be required. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AMEND THE ORIGINAL MOTION TO INCLUDE A FINDING BY THE CITY COUNCIL THAT THE ADDITIONAL PARKING REQUIREMENTS WOULD BE 27 SPACES AND THAT THE DOLLAR FIGURE $13,230 BE AMENDED TO COMPUTE THE SQUARE FOOTAGE FOR 27 SPACES AT THE $1.10 PER SQUARE FOOT. Mr. Morrissey reported that he has analyzed that 44 spaces should be required. Mr. Torn stated that staff should subtract the number of spaces that should be required if they were to continue the dime store use from the amount now required. Mr. Porter suggested that instead of pinning staff down to a specific number of spaces that the -number of spaces required for the dime store use should be used. 52: Chamber of Commerce Request ~ Mr. Rede reported the Chamber of Commerce would like to review all vendors taking out a business license to work in the area over Frontier Days. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CHAMBER OF COMMERCE REQUEST TO PRE-SCREEN THE VENDORS THAT WILL BE IN DOWN DURING FRONTIER DAYS AND STAFF TO HAVE ADEQUATE PEOPLE OUT TO INSURE THAT THESE PEOPLE HAVE LICENSES. COUNCIL RECESSED AT 8:57 P.M. COUNCIL RECONVENED AT 9:07 P.M. J~fj r (.............. . ~ ' '. [ Page Five City Council Hinutes May 25, 1982 BUSINESS ITEMS 53. Slavick Request - Incidental Camping Area - Lake Perimeter Mr. Frazier gave background information on the request for incidental camping on the lake perimeter based upon a report dated May 20, 1982. Staff recommended approval with 16 con- ditions. r~rs. Slavick and City Council reviewed each condition individ- ually, concurring with each, with further conditional wording inserted by the City Councilor the owners. Final accepted conditions are as follows: CONDITIONS 1 and 2, No change. CONDITION 3, Remove barbed wire and provide post and cable- type fencing. CONDITIONS 4, 5 and 6, No change. CONDITION 7, If holding tank on old Holiday Park property is to be used as sanitation station, certification by Health Dept. shall be provided within 30 days or install a new holding tank. CONDITION 8, Hydrant to be installed within 30 days. CONDITION 9, No campfires to be allowed prior to installation of fire hydrant or provide first aid extinguishers to be in possession of caretakers onsite. CONDITION 10, No change. CONDITION 11, Clean property to Staff's (Director of Building & Safety) satisfaction plus wording that property shall be clean at the close of the season 31 Oct.'82. CONDITION 12, Day use areas and overnight areas to be kept separate. CONDITION 13, Project found to be categorically exempt. CONDITION 14, No change. CONDITION 15, Dates of operation changed to May 27, 1982 through October 31, 1982. CONDITION 16, Approved. CONDITION 17, Added - Boat launching area to be designated. CONDITION 18, Added -Ingress and Egress to be coordinated with, and approved by, Staff (Director of Building & Safety). CONDITION 19, Added by City Attorney - Permit subject to immed- iate suspension by Director of Building & Safety upon violation of any condition(s), ordinance(s), provis- ion(s) of Title 25 (CAC) or other law(s), with right of appeal to City Manager within 2 business days, and further right of administrative appeal to the City Counci 1 . It was suggested that Mrs. Slavick provide picnic tables and benches for the people to use. This can be worked out between Mrs. Slavick and the Building Director. Mr~. Slavick stated they could be installed within 30 days. Council concurred to have Mrs. Slavick provide a copy of the rules and regulations to the Building Director. ..J, i i i ! ..... ...., MOVED BY NINETEEN AYES: NOES: ABSENT: KNIGHT, SECONDED BY MACMURRAY AND CARRIED TO APPROVE WITH (19) CONDITIONS. KNIGHT, MACMURRAY, UNSWORTH, VALENZUELA TORN NONE 54. Cable Television Deregulation Litigation Mr. Porter recommended the City contribute $250.00 to the City of Pittsburg, California, to support legal challenge to validity of Government Code Section 53066.1 which purports to deregulate cable television, based upon a report to the C i t Y C 0 u n c i 1 d ate d ~1 a y 4, 1 9 8 2 . 197 Page Six City Council Minutes May 25, 1982 BUSINESS ITEMS Continued. 54. Cable Television Deregulation Litigation (Continued) MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTRIBUTE $250.00 TO THE CITY OF PITTSBURG, CALIFORNIA, TO SUPPORT LEGAL CHALLENGE TO VALIDITY OF GOVERNMENT CODE SECTION 53066.1, WHICH PURPORTS TO DEREGULATE CABLE TELEVISION. , 55. Norman Industries Reconstruction Loan/Agreement with City and County of Riverside and City and Norman Industries. Mr. Rede gave a brief background on the stages which led to the City coming to the agreement with Norman Industries. l.Q JO l'- '-;) o o MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE BOTH AGREEMENTS SUBJECT TO APPROVAL BY THE CITY ATTORNEY. 56. Amendment to Area Agency on Aging Title IIIB Contract Mr. Foster reported to the City Council the need for the amendment to the Area Agency on Agin~ Title III B Contract and recommended that the City go to bid on the Community Center Kitchen. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO AUTHORIZE THE MANAGER TO SIGN AN AMENDED TITLE III B CONTRACT AND AUTHORIZE CITY STAFF TO GO TO BID FOR THE CONSTRUCTION OF THE KITCHEN AND ASSOCIATED EQUIPMENT. 57. Outflow Channel Project/Authorize Appraisals ~ Mr. Steel gave background information on the outflow channel based upon a report dated May 20, 1982, recommending Area 1 be appraised. Mr. Torn stated he would like to see all the areas done at the same time. The appraisals could be done now and if they need to be updated, they could be done much easier. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AUTHORIZE THE CITY MANAGER TO HIRE AN APPRAISER FOR ALL THREE (3) AREAS SUBJECT TO RIVERSIDE COUNTY COMMUNITY DEVELOPMENTS CONCURRENCE WITH APPRAISER CHOICE AND 2) AUTHORIZE CITY MANAGER TO ORDER PRELIMINARY TITLE REPORTS FOR THE SUBJECT PARCELS, AND 3) AUTHORIZE CITY ENGINEER TO PREPARE LEGAL DESCRIPTIONS FOR THE PROPERTIES TO BE ACQUIRED. 58. Preliminary Draft of General Plan Amendment and Master Environmental Assessment. Study Session with Planning Commission. Council concurred to hold a study session with the Planning Commission on Thursday, June 17th a~ 7:30 p.m. Set Joint Study Session with Property Owners 59. "- Council concurred to set a Study Session with the Property Owners on June 28, 1982, at 7:30 p.m. in the City Council Chambers to discuss the removal of the dike in the Four Corners Area. 60. City Council Meeting Place The City Attorney recommended approval of an ordinance to allow the City Council to meet at locations other than City Hall. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO ~EAD BY TITLE ONLY. The City Attorney read the Title of Ordinance No. 639. 198 Page seven City Council Minutes May 25, 1982 BUSINESS ITEMS - Continued. 60. City Council Meeting Place - Continued. ORDINANCE NO. 639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 2.08.015 TO THE LAKE ELSINORE MUNI- CIPAL CODE PROVIDING FOR ALTERNATIVE LOCATIONS FOR CITY COUNCIL MEETINGS WITHIN THE CORPORATE LIMITS OF THE CITY OF LAKE EL S I NOR E. MOVED BY KNIGHT, SECONDED BY MAC MURRAY TO APPROVE THE FIRST READING OF ORDINANCE NO. 639. I I I .... Council adjourned to the Redevelopment Agency at 10:39 p.m. Council reconvened at 10:52 p.m. REPORTS AND RECOMMENDATIONS Council concurred to have Budget Study Sessions on June 3rd from 6 to 10 p.m. and June 8th from 5:30 to 7:30 p.m. Mr. Knight reported that he had discussed the left-turn lane on Machado with Mr. Jack Newcomb of the County. Mr. Newcomb felt this would require a great amount of work to do and felt the County Road Department could not consider this project at this time. Discussion ensued regarding having a cost analysis done with staff to present a list of priorities on street improvements. Mr. Unsworth urged people to sign up for city committees and the vacancy on the Planning Commission. Mr. Morrissey reported that some of the Planning Commissioners have requested that they be present during the interview process because they will be working with whoever is selected. I ... ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 11:10 P.M. ATTEST: ~a( DEBORAH A. HARRINGTON, CITY CL ~r~ (tt(j .... trj X) ~ '""':) Q o ...... 1~~ CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 8, 1982 7:30 P.M. CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council of the City of Lake Elsinore was called to order by Mayor Unsworth at 7:37 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Knight. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: TORN Also present were: City Manager Rede, City Attorney Porter, Planning Director Morrissey, City Clerk Harrington, City Engineer Kicak, Building Official Frazier, Finance Director Ronnow, Public Works Director Blackford & Administrative Assistant Steel.1 PRESENTATIONS Mayor Unsworth presented a Key to the City to Sandra Davis. Ms. Davis is a student at Lake Elsinore High School and has been selected for an educational exchange program through the Student Ambassador Program. Mayor Unsworth read a resolution proclaiming the week of June 21 through June 25, 1982, as Neighborhood Watch Week in the City of Lake Elsinore, and presented it to Deputy Sol~z and Lt. Smith of the Sheri ff IS Dept. RESOLUTION NO. 82-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, PROCLAIMING THE WEEK OF JUNE 21 THROUGH JUNE 26, 1982, AS NEIGHBORHOOD WATCH WEEK IN THE CITY OF LAKE ELSINORE. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration: 1, 3, 5, 6, and 7. MOVED BY VALENZUELA, SECONDED BY MACMURRAY:'.AND CARRIED TO APPROVE THE BAtANCE OF THE CONSENT CALENDAR. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH NONE TORN 1. Minutes - May 25, 1982 - Regular Meeting Mr. Unsworth asked the Reports and Recommendations be changed to reflect Mr. Knight's discussion was with the County Road Dept. and not Ca1trans. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED TO APPROVE AS CORRECTED. 2. Warrant List - Approve the May, 1982 List of Warrants in the amount of $258,200.83, check numbers 16261 through 16415. 200 [ f t Page two City Council Minutes June 8, 1982 CONSENT CALENDAR. Continued. 3. Street Abandonment of a Portion of Old Railroad Canyon Road Resolution No. 82-41 Mr. Morrissey gave background information on the proposed street abandonment of a portion of Old Railroad Canyon Road, North of 1-15, based upon a report dated June 1, 1982. Mr. Knight stated that this property was originally deeded to the City for right-of-way and is now being deeded back to the property owners. i ..... The Resolution would set a time and place for public hearing on the street abondonment of a portion of Old Railroad Canyon Road for July 13, 1982 at 7:30 p.m. "! ,RESOLUTION NO. 82-41 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF OLD RAILROAD CANYON ROAD, FIXING A TIME AND PLACE OF HEARING TO ALL PERSONS INTERESTED OR OBJECTING TO THE PROPOSED VACATION, PROVIDING FOR PUBLISHING AND POSTING PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. MOVED BY MACMURRAY, SECONDED BY VALENZUELA, AND CARRIED TO APPROVE RESOLUTION NO. 82-41. 4. Membership in the U. S. Conference of Mayors Cour.cil approved the IIservice feell membership for $250.00 per year to the U. S. Conference of Mayors. 5. Tract Map #12155 - Release of Maintenance Bond. Mr. Kicak explained the location of the tract as being southerly of Lincoln between Machado and Riverside Drive 'at Amber Drive. I, ...... Mr. Unsworth reported that a person had observed a patch being done on the road without proper compaction. MOVED BY MACMURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO INSURE THAT THIS HAS BEEN LOOKED INTO AND THAT THERE ARE NO MORE FUTURE INSTANCES, UNSEEN OR UNKNOWN TO THE CITY WHEREBY THE CITY WOULD BE RESPONSIBLE AND THAT THIS WOULD BE THE RESPONSIBILITY OF THE CITY ENGINEER OR HIS STAFF TO WORK WITH THE DEVELOPER TO INSURE THAT ALL REPAIRS ARE MADE TO THE SATISFACTION OF THE CITY. 6. Tract #15480 - Final Map Approval Mr. Kicak gave some background information on this final map stating that the agreement in the packet requires a 50% Main- tenance Bond, which after some discussion since the time the report was prepared would not be acceptable to the city should there be a failure in the street. i '..Jr Mr. Rede reported that the forms of acceptable securities could be a time certificate deposit or a treasury note or some other type of negotiable security that the owner/developer would name on the certificate and at the end of the one (1) year period the interest and the value of the certificate would remain with the owner/developer. The owner/developer would bave this option or would be required to post a bond. 2Ul Page three City Council Minutes June 8, 1982 CONSENT CALENDAR - Continued. 6. Tract #15480 - Final Map Approval - Continued. Mr. Porter reviewed that the government code provides that the maintenance security could be in various forms such as 1) a bond, 2) a cash deposit, 3) any instrument of credit, or 4) a lien upon the real property. The government code also allows that the security agreement be in another form as long as the city ordinance allows it. The city ordinance does not allow any other type of securities except the four previously mentioned. Mr. Porter recommended that staff recommendation be subject to posting of acceptable securities in accordance with government code section 66499 (a). Mr. Fred Crowe, Butterfield Surveys, stated that the applicant is getting close to the end of the time he is required to get the final map recorded and will need an extension of time. 10 JO t-- '-:> o o Staff asked that this item be continued until later in the meeting so that staff could determine when the final map time limit could be verified. Council concurred to continue this until later in the meeting. 7. Evans Brown Mortuary Claim Mr. Rede gave background information on this claim. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO REFER THIS CLAIM TO THE CITY ATTORNEY. 8. Gateway Annexation Status Report - Received and filed. 9. Animal Control Monthly Report - May, 1982 - Received and filed. 10. Code Enforcement Monthly Report - May, 1982 - Received and filed. 11. Fire Safety/Housing Monthly Report - May, 1982 - Received and filed. Council recessed at 8:01 p.m. and reconvened at 8:07 p.m. CONTINUED CONSENT CALENDAR ITEM 6. Tract Map #15480 - Final Map Approval Mr. Morrissey reported that the applicant's final map would be up for an extension of time as of June 22, 1982. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FINAL MAP #15480 SUBJECT TO POSTING OF ACCEPTABLE SECURITIES IN ACCOR- DANCE WITH GOVERNMENT CODE SECTION 66.499 (a). PUBLIC HEARINGS 31. General Revenue Sharing Funding for Fiscal Year 82-83. Mayor Unsworth announced that now was the time and place for a public hearing to receive public input on the General Revenue Sharing Funding for the Fiscal Year 1982-83. Mr. Rede asked the Council to continue this item to June 22 as there have been requests from the general public who were unable to attend. Mr. Rede reported that the public notice for the hearing had been properly published for the public hearing to take place tonight. Sharon Frank recommended that the City Council consider allocating funds for the appraisals for the outflow channel out of the General Revenue Sharing Funds. Ms. Frank suggested that the remainder of the funds be used to make major repairs on Lakeshore Drive. 202 Page four City Council Minutes June 8, 1982 PUBLIC HEARINGS - Continued. 31. General Revenue Sharing Funding for Fiscal Year 1982-83 - Continued. Eugene Carter spoke to the Council regarding allocating funds for the Elsinore Village Dike. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE 1 THE GENERAL REVENUE SHARING FUNDING FOR THE FISCAL YEAR 1982-83 TO JUNE 22,1982. PUBLIC COMMENTS Mr. Unsworth thanked Mr. Carter for the gavel he gave the Council with the words to use it wisely and soundly. Doug Barkelew, 18843 Grand Avenue, asked to be placed on the Council agenda for June 22, 1982, for an item which is coming up before the Planning Commission. Mr. Unsworth asked Mr. Barkelew to work with staff on the placement of this item on a future City Council agenda. Dave Vie, representing the Chamber of Commerce, asked permission to hold a motor- cycle and A.T.C. Gymkhana on the lake bottom on June 27th. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO GRANT PER- MISSION FOR A MOTORCYCLE AND A.T.C. GYMKHANA. Jim Baccus, P.O. Box 677, Lake Elsinore, stated he would like to address the condi- tion of the lake and would like to know whether or not he lives on a private road. Mr. Frazier and Mr. Porter will work with Mr. Baccus in determining whether or not he lives on a private road. Mr. Frazier stated that from a preliminary investigation of the property, it does not appear to be a public road. Mr. Baccus stated that if in fact the road is not a public road, then he would like the city to install locks on the fence gates so the city could have access. Mr. Porter asked if these would be additional locks. Mr. Baccus stated these would be additional locks. Mr. Porter reported that this is a common practice with the Fire Department so they may have access. Eugene Carter expressed concern regarding the fencing of lots on the lake perimeter. Mr. Frazier reported that the Code Enforcement Officer has been down talking to the people regarding the gate located on Lucerne and has been assured that the fence would not be locked and the Code Enforcement Officer has further notified the property owner to remove the fence gate within a specified time period other- vlise city crews would be down to l"emovethe gate. Mr. Rede reported that this property is up for a six month review and the business will be addressing the Planning Commission and the City Council in the near future. Lee Allen thanked the council for installing the water loop on Avenue 9, but stated that since the opening of Avenue 9 he has been getting a large increase in traffic. Mr. Allen also asked when the connection will be made for sewer to his property. Mr. Allen also requested speed bumps along his street in order to reduce the rate of speed at which people drive their cars. Mr. Allen stated that he has dug a ditch across Avenue 9 to slow the traffic down. The City Manager will look further into this matter and report back to the City Council. ..... BUSINESS ITEMS ....10 51. Request for Waiver of Zone Change Procedures for M. Michael Grinel. Mr. Morrissey gave background information on this item based upon a report to the City Council dated June 2, 1982. Mr. Grinel, Box 4487, Canyon Lake, stated he understands the staff report, however, does not understand why he cannot get the zone change automatically. ~U() Page five City Council Minutes June 8, 1982 BUSINESS ITEMS - Continued 51. Request for Waiver of Zone Change Procedures for M. Michael Grinel - Continued. Mr. Morrissey reported that the normal zone change is $700.00. This is to cover costs for Planning and Engineering Fees, notice to the public, and publication costs by the City and all secretarial fees. Mr. Rede suggested continuing this item for two weeks in order for staff to meet with the applicant and provide answers to the City Council. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY FOR TWO WEEKS WITH COSTS TO BE BROUGHT BACK. 52. Award Planning Studies Contract to C.G. Engineering. Mr. Morrissey gave background information on the contract for planning studies to C.G. Engineering recommending Council authorize the City Manager to enter into contract negotiations. I..Q .'X) t-- -:> ~ - ....... MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONTRACT WITH C. G. ENGINEERING IN THE AMOUNT OF $13,550.00. 53. Sidewalk Improvements - Graham Avenue and Schrivener Street Mr. Morrissey gave background information on the request of staff to require the owner of the property to provide sidewalk improvements. Mr. Morrissey reported that this item was continued previously in order that the owner could be notified of possible city council action. Mr. Porter reported that if the area in question is in city right-of-way, the city could be liable. Ms. Valenzuela stated that she objected to the use of asphalt for the side- walk due to the heat in the summer. Moved by Valenzuela, seconded by MacMurray that we put in the sidewalk on Graham only in concrete and a lien be placed on the property. (motion and second withdrawn). Mr. Crowe, Butterfield Surveys, stated that there is not a good transition from the grade of the property to the sidewalk. Ms. Valenzuela withdrew her motion. Mr. MacMurray withdrew his second. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY FOR THE TIME BEING UNTIL MR. MORRISSEY CAN CONTACT MR. KRAUSE, THAT WE PUT UP THE BARRACADES TO PROTECT OURSELVES, AND THAT WE WAIT FOR HIS DECISION FOR THIRTY DAYS. Mr. Porter recommended that the city not install the sidewalk as there is no increase in liability. 54. School Impact Mitigation Fees - Resolution Mr. Rede reported that the School District has requested that this item be continued because the school district would be unable to attend the meeting due to a conflict in their schedule. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO CON- TINUE FOR TWO WEEKS. ;tU4 Page six City Council Minutes June 8, 1982 BUSINESS ITEMS - Continued 55. Ordinance Implementing a Portion of Zone Change 81-1. Mr. Morrissey gave background information on this item based upon a report to the City Council dated June 1, 1982. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE I THE ZONE CHANGE. .J. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 640. ORDINANCE NO. 640 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY WITHIN ITS CORPORATE BOUNDARIES FROM R-l (SINGLE-FAMILY RESIDENCE) TO CP (COMMERCIAL PARK). MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING. 56. Ordinance Increasing Cable Television Franchise Fee. Mr. Porter recommended adoption of the proposed ordinance increasing cable television franchise fee to five percent. Mr. Daniher, King Video, stated he would like to work with staff to negotiate an increase of the franchise fee. This is the first he has heard of increasing the franchise fee. I i i ...., Mr. Porter stated that the City does not presently have a franchise agree- ment with King Video, they are working from the ordinance. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM UNTIL JULY 27, 1982. 57. Ordinance Regarding Locations for City Council Meetings - Second Reading - Ordinance No. 639. MOVED BY VALENZUELA, SECONDED BY KNIGHT TO READ BY TITLE ONLY. The City Clerk read the title of the Ordinance. ORDINANCE NO. 639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 2.08.015 TO THE LAKE ELSINORE MUNICIPAL CODE PROVIDING FOR ALTERNATIVE LOCATIONS FOR CITY COUNCIL MEETINGS WITHIN THE CORPORATE LIMITS OF THE CITY OF LAKE ELSINORE. Mr. Porter explained the nature of the ordinance, enabling the City Council to meet at other locations than city hall when the need arose. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 639. ... 58. Heald Street Gravity Sewer Main - Authorize Bid Process. Mr. Blackford gave background information on this item based upon a report to the City Council dated May 26, 1982 with the recommendation that the City Council authorize the Public Works department to go for bid for the reconstruction of Heald Street gravity sewer line. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY THAT THE CITY GO TO BID FOR THE RECONSTRUCTION OF HEALD STREET GRAVITY SEWER LINE. ~un Page seven City Council Minutes June 8, 1982 BUSINESS ITEMS - Continued 59. Elm Tree Spraying Ms. Valenzuela felt that the city should go out to bid on a project like this. Mr. Rede reported that it is not necessary to go to bid on projects which are less than $5,000. Mr. Johnson explained the reason for the tree spraying. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO SPRAY THE ELM TREES WITH THE AMOUNT NOT TO EXCEED $3,100. ADDITIONAL BUSINESS ITEMS i.O JO to- '-:> ~ o 60. Change Order for Pennsylvania Pipeline and Construction Mr. Kicak explained the need for the change orders for the utilities relo- cation of 1-15. The financial impact for the change order 1 through 13 would be none, however, change order 14 would be $4,706.50 for the extension of the sewer line from the southerly side of Minthorn Street to the northerly side which Caltrans refused to fund. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE CHANGE ORDERS BETWEEN THE CITY OF LAKE ELSINORE AND PENNSYLVANIA PIPELINE AND CONSTRUCTION COMPANY FOR THE UTILITIES RELOCATION OF 1-15. 61. Change Order for Kicak and Associates Mr. Kicak asked the Council to approve the amended contract and change order between Kicak and Associates and the City of Lake Elsinore for engineering services. Mr. Kicak reported that the financial impact to the City would be none as funds are reimbursable by Caltrans and Federal Highway Adminis- tration. Mr. Unsworth asked the City Engineer, Mr. Kicak, how he can contract for services with his company. Mr. Kicak reported that this was at the request of Caltrans that we do the work, it was with the approval of the City Council, concurred by the State of California, and is a matter of record. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE CHANGE ORDER BETWEEN THE CITY AND KICAK AND ASSOCIATES. 62. Mr. Porter stated that the Mayor has reminded him that the City has been looking at two condemnation actions, one involving property on Warm Springs, for the expansion of the city sewer treatment plant and the second involving the area by the freeway for a possible solid waste disposal area. Both actions were tabled by the City Council and a letter was sent to the property owners to that affect, which in effect eliminated any change of civil liability for what is called unreasonable pre-condemnation activity. However, feels that it would be appropriate for the City Council to take action indicating that it has no present desire to pursue eminent domain action. Discussion ensued on the expansion of the present solid waste disposal site. Mr. Kicak reported that from all indications he has seen, that the County is not looking to expand the present location. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO WITHDRAW THE CONDEMNATION SUIT ON THE GRENDER PROPERTY. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO SEND A LETTER TO THE COUNTY OF RIVERSIDE, UNDER THE MAYOR'S SIGNATURE, TO RECOMMEND THE ALBERHILL SITE FOR THE FUTURE SOLID WASTE LOCATION. ZUB Page eight City Council Minutes June 8, 1982 Council adjourned to the Redevelopment Agency at 11 :00 p.m. Council reconvened at 11:25 p.m. REPORTS AND RECOMMENDATIONS Ms. Valenzuela reported that the opening of Main Street will be on Friday, I June 11, 1982, starting at 8:00 with a Continental Breakfast at the Community Center with the ribbon cutting to follow. .J. Mr. Knight reported that there is a new aircraft being used for the jumpers which makes a lot of noise while descending and is generating a lot of complaints. Mr. Rede will look into the matter and report to the Council. Mr. Unsworth made a request that the Cablevision Company broadcast the City Council meetings until the close of the meetings. They have been leaving the meetings at 10:00 p.m. Mr. Unsworth reported that the City has a request from Mr. Istel for the city to sign a letter of interest. Mr. Rede stated that the letter has been revised so that the city is not committing any funds to the project. Mr. Rede read the letter. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ENDORSE THE EFFORTS OF MR. ISTEL AND HIS RELATIONS ON AN INTERNATIONAL BASIS. Mr. Unsworth reported that those councilmembers who wish to attend the Citrus Belt Meeting of the League of California Cities should sign up with the City Clerk. It is also time now for a delegate and an alternate to be chosen for the Committee. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED TO SELECT JOHN UNSWORTH AS THE DELEGATE. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED TO SELECT ARTA VALENZUELA AS THE ALTERNATE. I i i ..J., The City Clerk was instructed to write a letter to the League of California Cities, Citrus Belt informing them of the selection of delegate and alternate to the Committee. Mr. Unsworth reported that some of the Planning Commissioners have expressed an interest in reviewing the Planning Commission applicants with the Chairman to sit on the interviews with the City Council. Council expressed no objections to this. The deadline for the applications was set for June 11,1982, at 5:00 p.m. Mr. Unsworth reported that not enough people have signed up for the committees. Anyone interested can sign up at city hall in the City Clerk's office. Mr. Unsworth also reported that July 3rd of 1982 will be the 100th anniversary of the founding of Lake Elsinore. Anyone interested in working on this anniver- sary celebration can contact him. Mr. MacMurray reported that he can foresee complaints coming in on the ultra- ..1 lights and the over-flights. Council recessed to Closed Session to discuss possible litigation at 11:32 p.m. Council reconvened at 11:51 p.m. with no action taken. ..Q X) t-- -:> ~ ~ ~U'. Page nine City Council Minutes June 8, 1982 REPORTS AND RECOMMENDATIONS - Continued Mr. Unsworth reported that the City Treasurer, Jimmy Morgan, has requested that his desk be located in front of the vault so that he would be closer to the money and the safe and also so that he could share the office with Sandy. The City Clerk could remain in the front office or could utilize the office where the City Manager used to be. ADJOURNMENT The meeting of the City Council adjourned at 11:57 p.m. J,- /f. tt~~* J, N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ~tI~~~~ CITY OF LAKE ELSINORE ~OB CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 19, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council was called to order at 8:00 a.m. by Mayor Unsworth. 1 ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Manuel Rede and Finance Director Ronnow. BUSINESS ITEM A. Discussion of Labor and Personnel Matters Council adjourned into executive session at 8:02 a.m. to discuss personnel matters. Council reconvened at 8:15 a.m. with no action taken. ADJOURNMENT The meeting of the City Council adjourned at 8:15 a.m. .. ATTEST: ~~~ DEBORAH A. H RING ON, CI ERK I ... ~U~ CITY OF LAKE ELSINORE REG U LA R CITY C 0 UN C I L M E E TIN G TUESDAY, JUNE 22, 1982 7: 30 P. M. CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER ~ The meeting of the City Council of the City of Lake Elsinore was called to order by Mayor Unsworth at 7:36 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Torn. ROLL CALL The City Clerk called the roll: I.Q JO ~ -:> Q ~ PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, Planning Director Morrissey, City Clerk Harrington, City Engineer Kicak, Building Director Frazier, Finance Director Ronnow and Interim Public Works Director Stevens. CONSENT CALENDAR Mr. Unsworth corrected the minutes of June 8, 1982, on page three, para- graph two, to reflect Fred Crow, not Frank Crow. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO APPROVE THE CONSENT ....,c, CALENDAR. AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE TORN, ON ITEM 1, ONLY. 1. Minutes - June 8, 1982 - Regular Meeting - Approved as Corrected. 2. Contract with Alfred Gobar Associates, Inc. - Approved contract with Alfred Gobar Associates to prepare an economic study for the annexation area northeast of the intersection of Highway 74 and 1-15, in an amount not to exceed $7,000.00. 3. Notice of Completion for Waterline - Avenue 9 and Mill Street - Approved Notice of Completion with MBC Constructors, Ltd. 4. Acceptance of Grant Deed: Elsinore Village - Accepted. 5. Building Department Monthly Activity Report - June, 1982 - Accepted as an Information Item. 6. Acceptance of Corporation Grant Deed by the City from Rancho Consultant Company, Inc. - Accepted. ..4.' PUB L I C H EAR I N G S 51. T & S Development - Request for variance from Parking Ratios Mr. Morrissey gave background information on this request based upon a report to the City Council dated June 2, 1982. Staff recommendation is to approve the Conditional Exception Permit for the Shopping Center at the Southwest Intersection of Mission Trail and Campbell Street r~r. Unsworth asked if anyone would like to speak in favor of this project. None. Mr. Unsworth asked if anyone would like to speak in opposition of this project. None. :4110 (."... . , ,.' Page two City Council Minutes June 22, 1982 PUBLIC HEARINGS (Continued) 51. T & S Development - Continued Mr. Torn asked that a bike path and bike parking facilities be added to the recommended conditions. Mr. Morrissey felt that this type of action would be more app- ropriate at Business Item stage of this meeting. 1 MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE T & S DEVELOPMENT REQUEST FOR A VARIANCE FROM THE PARK- ING RATIOS ESTABLISHED IN THE PARKING ORDINANCE FOR A SHOPPING CENTER AT SOUTHWEST INTERSECTION OF MISSION TRAIL AND CAMPBELL STREET WITH THE RECOMMENDED CONDITIONS. 32. Amendment to Development Agreement: Canyon Lake Hills - A.B.C. Heritage. Mr. Morrissey gave a brief background on this agreement based upon a report of the City Council dated June 16, 1982, recommending app- roval of the amendment as presented. Mr. Porter reported the agreement has been changed slightly to reflect that the original agreement had not been recorded and staff will attach this document to the original agreement and record both at the same time. Mr. Unsworth opened the public hearing at 7:46 p.m. Mr. Unsworth asked i f anyone would 1 i k e to speak in favor of this f' agreement. None. Mr. Unsworth asked i f anyon~ would like to speak i n opposition of i this agreement. None. ....j., [ The Public Hearing was closed at 7:47 p.m. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE AMENDMENT TO THE DEVELOPMENT AGREEMENT AS PRESENTED. 33. Fiscal Year 1982-83'Budget Mr. Rede stated that due to the uncertainty of the State Budget which affects the City.s Budget and due to the fact that the City Budget Sessions have not been completed he would recommend that this item be continued after receiving input from anyone who came to the meeting tonight to speak on the subject. Mr. Unsworth opened the Public Hearing asking if anyon~ would like to speak on the proposed budget. Allen Baldwin, 16496 Lash, stated his main concern on the budget was that he would like to see the increases in the budget go to the road areas, especially the community center. Bob Jacobson, 174 N. Chestnut, asked how much of the budget is allotted to upgrade the sidewalks. Mr. Rede stated that this would be a policy decision by the City Council, however streets are an identified priority. ... Mr. Torn stated that at this time, no monies have been allocated for sidewalks. All available funds are going to street improve- ments. Eugene Carter asked how much money will be going to the Health of the City. 211 Page three City Council Minutes June 22, 1982 PUBLIC HEARINGS Continued. 33. Fiscal Year 1982-83 Budget - Continued Mr. Rede reported the government code does not specifically address this aspect, however, the city does have some control over water, sewer, etc. ..c Mr. Torn stated that historically, the only money the city has budgetted is whatever funding is passed through the Senior Information Center, for health screening and other types of minor help. Mr. Carter's main concerns were-: stagnant water which breeds insects.and the abandoned mobile home park on Lakeshore Drive. along with other areas of the city. This public hearing was continued by a consensus of the Council to July 13, 1982. 1.0 'X) r-... -;) ~ ~ 34. General Revenue Sharing for Fiscal Year 1982-83. Mr. Rede reported that the General Revenue Sharing will also be affected by the State of California Budget. It may effect the way the city decides to fund projects. The City may lose $162,000 in State Subventions. Staff recommended that this hearing be continued to July 13, 1982 and Council to receive citizen input. Mr. Unsworth opened the public hearing at 8:05 p.m. asking if anyone had any input on the General Revenue Sharing Funds for the Fiscal Year 1982-83. ,,-: '" --., Carol Price, 1123 McKinley, asked how much funds will be allocated or be available for social programs. Mr. Unsworth reported that historically the General Revenue Sharing Funds have been allocated for street improvements and public safety. The Council concurred by con~ensus to continue this public hearing to July 13, 1982. Mr. Unsworth announced that he had a resolution to read for the City Council and the General Public. RESOLUTION NO. 82- 43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACKNOWLEDGING THE PRESENCE WITHIN OUR COMMUNITY OF THE IIHORNER TVII SOCCER CLUB FROM HAMBURG, GERMAN DEMOCRATIC REPUBLIC, AND EXPRESSING THE CITY'S FRIENDSHIP AND ADMIRATION FOR THESE YOUNG ATHLETES. MOVED BY VALENZUELA, SECONDED BY MACMURRA~ AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION. F- PUBLIC COMMENTS Allen Baldwin stated he did not favor camping facilities within the City without the property being adequately improved. Ron Barrent, 27716 Santa Domingo, San Juan Capistrano, asked the Council to consider giving some type of indication on how they would feel about having a Fly-In for Ultra-Lights on July 16, 17, & 18. In order for them to advertise the event, they would like permission. Mr. Barrent stated due to the time frame, he would not be able to wait for the July 13th meeting of the City Council and have the proper advertisements done. Mr. Barrent stated he understands the restrictions the City has adopted regarding Ultralights. :t12 c (.........-...'.' [" t Page four City Council Minutes June 22, 1982 PUBLIC COMMENTS (Continued) Steve Grant, 4601 Green Street, Los Alamitos, stated that they are asking for the same approvals as the Council granted for last year's fly-in. The fly-in will also serve to reinforce the restrictions of the City. Mr. Rede stated that staff has not had adequate time to review the request, an application needs to be filed with the City and a review of last year's event to be taken into consideration. 1 Mr. Porter commented that in the past, the Council has given support of the event, but no legal sanction because it is on private property. Mr. Grant reported that last year there were 70 crafts entered into eve n t s. Th is yea r the y ant i c i pat e 1 00 . The r e wi 1 1 be a m a xi mum 0 f 100 entries. Last year, approximately 3,000 people viewed the fly-in, and this year they anticipate a great many more. Mr. Torn stated that the Council has received many complaints from the citizens regarding the Ultra-lights and based upon this, he cannot guarantee that the Continue Use Permit will be extended. Dave Vik, Chamber of Commerce of Lake Elsinore, reported that the Chamber of Commerce is very supportive of this event. Mr. Vik further stated that the Chamber did not receive any negative input from the citizens from last year's meet. Mr. Vik asked the Council to consider allowing the Chamber to have the Christiansen Carnival come in during the fly-in should it be approved. MOVED BY VALENZUELA, SECONDED BY MACMURRAY, TO REFER THIS TO THE STAFF, WITH APPROVAL BY THE COUNCIL AFTER THE PROPER PROCEDURES HAVE TAKEN PLACE FOR JULY 16, 17 AND 18, FOR A FLY-IN AND WITH THE CHAMBER OF COMMERCE CARNIVAL. MOVED BY VALENZUELA, SECONDED BY MACMURRAY, TO AMEND THE MOTION THAT THE CITY COUNCIL WOULD TAKE ACTION ON THIS ITEM AT AN ADJOURNED MEETING OF THE CITY COUNCIL ON JUNE 29TH. I I ...J, At this time, Mr. Rede introduced Mr. John Stevens, the acting Public Works Director. The Council welcomed Mr. Stevens to the City staff. Mr. Rede reported that staff has received a request from Mr. Dick Murphy requesting authorization to obtain permits for 17037 West Lakeshore Drive (southeast corner of Nebraska and Lakeshore Drive). Mr. Murphy needs Council approval because the property is located at the 1268 above sea 1 evel, whi ch does not meet wi th Ordi nance #711. Dick Murphy, 18375 Sanders, Lakeland Village, stated he needs approval from the Council to continue cleaning a piece of property located at the 1268' level and would like a waiver of improving the sidewalks and curbs to a later date. Mr. Rede reported that the application has been processed through the Planning Department and the Design Review Board and cleared. The main concern of the applicant is to be granted permission to rebuild at a level under the 1270 as required under Ordinance -#711. Mr. Frazier reported the only waiver the Council would be considering would be of Ordinance No. 711, which would allow him to rebuild under the 1270 sea level. Mr. Murphy would be required to obtain all the necessary permits through the Building Department and pay all fees. Mr. Porter stated that this waiver should be based upon the recording of a Flood Hazard Deed Notification Document. I .... Mr. Unsworth stated that the only action the Council is taking is on the waiver of Ordinance #711, to allow construction under the 1270 M.S.L. ~ \ ~1 Page fi ve City Council t1inutes June 22, 1982 PUBLIC COMMENTS (Continued) MOVED BY KNIGHT, SECONDED BY tMCMURRAY/ AND CARRIED UNANIr~OUSLY TO APPROVE THE REQUEST FOR WAIVER OF ORDINANCE NO. 711, TO ALLOW RE- BUILDING BELOW THE 1270 M.S.L. AND TO REQUIRE THE RECORDING OF A FLOOD HAZARD DEED NOTIFICATION DOCUMENT. ,.C Council recessed at 8:47 p.m. Council reconvened at 8:52 p.m. BUSINESS ITEMS 5 1 . Com mer cia 1 82 - 2 : T & S De vel 0 pm e n t ~ ~ t-- '-:> ~ o Mr. Morrissey gave background information on this project based upon a report to the City Council, dated June 2, 1982, recommending approval subject to 22 conditions. Mr. Morrissey added that Staff could add an additional condition to include bike facilities. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE COMMERCIAL 82-2; COMMERCIAL SHOPPING CENTER PROJECT TO INCLUDE AS A PART OF CONDITION # 22, THE INSTALLATION OF BICYCLE STORAGE RACKS AND CONDITION # 23, INSTALLATION OF A BUS SHELTER TO BE PLACED IN FRONT OF THE CENTER. 52. Community Development Corporation - Return of Funds. L,..:: Mr. Washburn invited the Council to work with the C.D.C. to welcome Thermal Electronics on July 12th, stating that this would not have been possible without the Redevelopment Agency and staff. r~ r. Was h bur n ask e d the Co u n c il for a J 0 i n t S t u d y to d i s c u s s f u t u r e projects and that this be coordinated through the City Manager. Mr. Washburn reported that the C.D.C. is presently working to relocate Mrs. Swick's house, and asked staff to assist in the move due to the time element. Mr. Washburn requested a waiver of fees and permits. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO COORDINATE WITH THE C.D.C. AND WAIVE THE MOVING FEES AND HELP WITH THE ASSISTANCE OF THE PERMIT PROCESS THROUGH STAFF. At this time, Mr. Washburn returned a check, paying back a loan granted by the City Council for the principal only, with the interest to follow sometime in the future. 53. Tract #17222 - Request for Extension of Time. Mr. Morrissey gave background information on this request based upon a report dated June 2, 1982, recommending approval subject to five additional conditions. MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY, TO ~.. APPROVE THE REQUEST FOR EXTENSION OF TIME FOR TRACT #17222. ( 54. - M. Michael Grinel - Request for Waiver of Zone Change Procedures. Mr. Morrissey recapped the discussion at the last City Council meeting, giving background information on the request and actions taken on the surrounding properties. MOVED BY TORN, TO DENY THE REQUEST. MOTION DIED FOR LACK OF A SECOND. ~14 Page six City Council Minutes June 22, 1983 BUSINESS ITEMS - Continued. 54. M. Michael Grine1 Request - Continued Discussion ensued whether the Zone Change request would have to go through the Planning Commission. Staff indicated that it would have to go through the proper process. Mr. Grine1 felt the staff recommendation for denial was unfair. I .... MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED TO APPROVE THE REQUEST FOR WAIVER OF ZONE CHANGE PROCESS BUT THAT THE PROCESSING FEES (NORMAL APPLICATION FEE $700) FOR THE ZONE CHANGE BE PAID BY MR. GRINEL. AYES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: NONE Mr. Morrissey reported that the Zone Change fee is $450 and the Environmental Report fee is $250. Mr. Porter asked that Council take such action subject to the review of the City Attorney. He has some problems with the action under the present ordinance. MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED TO AMEND THE MOTION SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY. AYES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: NONE The Planning Director then asked whether a waiver of the process meant eliminating the required processing procedures or expediting them. The City Attorney indicated he questioned the ability of the Council to waive the process. It was then indicated by the Council, either by consensus or motion, that the process be expedited. 55. Arthur D. Pfohl man Request I ..... Mr. Rede reported that this item was received too late for staff to prepare a report to the Council and recommended that Mr. Pfoh1man or Mr. Bennett expand upon the written request. Mr. Bennett, speaking for Mr. Pfoh1man, stated that all he is asking for is a Peddler's license. Mr. Bennett stated the portable trailer has been approved by the Department of Public Health, and would like to use the snack trailer at the Peddlers Village. Mr. Bennett reported the snack trailer has been located at numerous locations throughout the City and County. Mr. Bennett stated the snack unit would be of no benefit to him if he had to obtain a Conditional Use Permit for every location within the city limits. Ms. Valenzuela stated that due to the age of the ordinance and the type of snack trailer this is, and it is approved by the Health Department, she has a problem with the existing ordinance. Mr. Porter stated he is currently revising this particular sub-section of the ordinance and, if Council desires, he will add language into the ordinanceJ..... so that it will not cover itinerant restaurants. . MOVED BY VALENZUELA, SECONDED BY MAC MURRAY, AND CARRIED UNANIMOUSLY, TO RECOMMEND THE CITY ATTORNEY GO AHEAD WITH THE STUDY OF THIS ORDINANCE ON ITINERANT RESTAURANTS. MOVED BY TORN, SECONDED BY MAC MURRAY, AND CARRIED UNANIMOUSLY, TO INSTRUCT THE CITY ATTORNEY TO FIND OUT FROM OTHER CITIES WHAT THEY HAVE ON RECORD FOR THIS TYPE OF ORDINANCE. ~l;) Page seven City Council Minutes June 22, 1982 BUSINESS ITEMS (Continued) 55. Arthur D. Pfohl man Request Continued Mr. Porter stated that under the current ordinance, Mr. Pfohl man cannot operate in the City and would recommend that Staff not actively enforce this ordinance until the next meeting while the ordinance is being reviewed. . ;,~ MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY, TO GRANT MR. PFOHLMAN PERMISSION TO OPERATE AT RECREATIONAL ACTIVITIES AND SPECIAL EVENTS WITHOUT A CONDITIONAL USE PERMIT AND PEDDLER'S LICENSE UNTIL THE ORDINANCE HAS BEEN CLARIFIED. 56. Night Watch Service - Business License Request Mr. Foster gave background information on this request based upon a report to the City Council, dated May 12,1982. Staff recommendation is to approve the Business License application. Mr. Foster reported that a Sheriff's report has been received with a search of the records in his office, by name only, shows no warrant or criminal process outstanding in Riverside County against this subject nor has there been during the past 5 years. The applicant was not present to speak. ~ t'- t.... '-:l ~ ~ MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY, TO APPROVE THE BUSINESS LICENSE FOR PRICE SECURITY SYSTEMS, INC. 57. Audit Contract for FY 81/82 - Ecker & Bigbie, Accountants Mr. Rede reported on the Fiscal Year 1981/82 Audit Contract recommending approval of personal services contract for FY 1981/82 City Audit and the -three year compliance audit for Federal Revenue Sharing with Ecker and Bigbie, Accountants, Inc., of Riverside, California. The total financial impact would be $9,500. The cost of the full FY 1981/82 audit is $8,500 for which money has been budgeted. Cost of the three year compliance audit on Federal Revenue Sharing is $1,000, which should be reserved from current Revenue Sharing fund balance. MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED TO APPROVE THE CONTRACT FOR THE FISCAL YEAR 1981/82 IN THE AMQUNT OF $8,500, AND COST OF A THREE YEAR COMPLIANCE AUDIT ON FEDERAL REVENUE SHARING IN THE Ar~OUNT OF $1,000. AYES: NOES: ABSENT: ABSTAIN: KNIGHT, MACMURRAY, TORN, UNSWORTH NONE NONE VALENZUELA 58. McCollum/Gonzales Project - Request Mr. Frazier gave background information on this request based on a staff report, dated June 15, 1982. Mr. McCollum submitted a letter requesting permission to: 1. Complete and occupy the first three phases while delaying some of the general onsite and offsite improvements until just prior to the completion of Phase Four. 2. Pay the capital improvement fees separately and based on the square footage of each phase as Building Permits are issued. 3 . Pay 0 n 1 y for the portion 0 f the r e qui red 8 II W ate r 1 i n et hat fronts the subject property. ~Jfj C:, t,", (.............. C' & Page eight City Council Minutes June 22, 1982 BUSINESS ITEMS (Continued) 58. McCollum/Gonzales Project - Request - Continued MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED, THAT THE APPLICANT BE ALLOWED TO PAY CAPITAL IMPROVEMENT FEES SEPARATELY AND BASED ON THE SQUARE FOOTAGE OF EACH PHASE, AS BUILDING PERMITS ARE ISSUED, AND THAT REQUESTS ONE (1) AND THREE (3) BE DENIED. 1 Discussion ensued on Mr. McCollum's request for delay of installation of the fire hydrant. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED, TO AMEND THE MOTION TO ALLOW THE TEMPORARY DELAY OF THE FIRE HYDRANT NOT TO EXCEED ONE (1) YEAR BUT THAT THE OFF-SITES BE INSTALLED. ROLL CALL ON THE AMENDED MOTION: AYES: NOES: ABSENT: ABSTENTION: TORN, VALENZUELA, UNSWORTH KNIGHT NONE MACMURRAY 59. Resolution - Opposing the State of California's Reverse Bailout Budget Proposals. Mr. Unsworth read the Resolution in its entirety. RESOLUTION NO. 82-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE OPPOSING THE STATE OF CALIFORNIA'S _"REVERSE BAILOUT" BUDGET PROPOSALS .J, MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY, TO APPROVE RESOLUTION NO. 82-44. 60. Altha Cauch Memorial Library Designation. Mr. Foster gave background information on the proposal to desig- nate the Lake Elsinore Public Library as the "Altha Cauch Memorial Library". Mr. Torn stated that he has reviewed the proposed signs feeling that none would be appropriate. He felt he would like to see a more traditional sign for the building. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY, TO BRING BACK INFORMATION ON A BRONZE PLAQUE. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY, THAT THE CITY COUNCIL DESIGNATE THE LAKE ELSINORE PUBLIC LIBRARY AS THE ALTHA M. CAUCH MEMORIAL LIBRARY AND THAT THE APPROPRIATE LETTER BE SENT TO THE COUNTY. 61. J Mr. Rede reported that presently there is a deficit in the water fund and this will have to be addressed in the near future, possibly through increased water rates or assessments, or perhaps an approp- riation adjustment from the general fund to the water fund. Mr. Kicak gave background information on the waterline extension in Prospect Street recommending approval of staff recommendation. MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY, TO AUTHORIZE THE PREPARATION OF PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WATER LINE EXTENSION IN PROSPECT STREET SOUTHERLY OF CHESTNUT AND APPROPRIATE FUNDS BE TRANSFERRED TO THE WATER FUND FOR PAYMENT OF PREPARATION OF THE SPECIFICATIONS AND PLANS. Waterline Extension in Prospect Street. ~l" Page nine City Council Minutes June 22, 1982 BUSINESS ITEMS (Continued) 62. Airport Feasibility Study - CH2M Hill - First Phase Mr. Morrissey gave background information on the report based upon staff report, dated June 15, 1982, and introduced Ted -- Soliday, CH2M Hill. Mr. Soliday reported that he will be addressing four major objectives: 1) to determine demand of aviation in the area (2) identify facility requirements; 3) to look at areas of possible development and, 4) identify the alternatives. Discussion was held on looking into tax or user fees and estab- lishing a policy guideline and formal plan. ~ t-- ~ -:> .~ ~ MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY, THAT CH2M HILL BE AUTHORIZED TO CONTINUE THE LAST PHASE OF THE AIRPORT STUDY WITH THE ITEMS ADDRESSED BY THE CITY PLANNER AND THAT SPECIFIC CONCERNS BE GIVEN TO THE CONSULTANT PRIOR TO STARTING WORK. Council recessed at 10:52 p.m. Council reconvened at 10:59 p.m. COUNCIL CONCURRED TO MOVE TO ITEM #65. 65. School Impact Mitigation Fees Mr. Porter reported that adoption of the proposed resolution will memorialize current City policy with respect to sub-divisions, parcel maps and CUPs involving residential units but the more serious question of buildable lots of record is yet to be add- ressed. - James Bartholomew, Facility Manager of the Elsinore High and Junior High, asked for approval of the resolution. It is the hope of the school district for the County to pass a similar resolution so that all the developments would be treated equally. RESOLUTION NO. 82-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MEMORIALIZING THE POLICY TO REQUIRE RESIDENTIAL DEVELOPERS TO REACH MITIGATION AGREEMENTS WITH THE SCHOOL DISTRICTS CONCERNING SCHOOL IMPACTION CAUSED BY THE CONSTRUCTION AND OCCUPATION OF RESID- ENTIAL PROJECTS. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY, TO APPROVE RESOLUTION NO. 82-47. .-. 63. Federal-Aid Urban System Program A. Resolution Designating Certain Roads to be in the Federal-Aid Urban System. Mr. Kicak gave background information based on a report, dated June 1, 1982, recommending Council approve the 1980 Urban Place 80undaries and the specific roads that will be included in the Federal-Aid Urban System. RESOLUTION NO. 82-45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL-AID URBAN SYSTEM. MOVED BY KNIGHT, SECONDED BY MACMURRAY, AND CARRIED UNANIMOUSLY, TO APPROVE RESOLUTION NO. 82-45. '218 (.....~ ~~ e ~~ . I [ Page ten City Council Minutes June 22, 1982 BUSINESS ITEMS (Continued) 63. Federal-Aid Urban System Program (Continued) B. Resolution adopting the City's Minority Business Enterprise Program. Mr. Kicak gave background information based on a report, dated June 2, 1982, recommending Council approve the following: 1 1. Resolution adopting the City's Minority Business Enterprise Program. 2. Authorize the City Manager to sign the Right-of-Way Certification, Format B. RESOLUTION NO. 82-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE CITY'S MINORITY BUSINESS ENTERPRISE PROGRAM. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION ADOPTING THE CITY'S MINORITY BUSINESS ENTERPRISE PROGRAM. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY, TO AUTHORIZE THE CITY MANAGER TO SIGN THE RIGHT-OF-WAY CERTIFICATE, FORMAT B. 64. Set for Public Hearing: July 13, 1982 A. Tentative Tract Map 18598 B. Zone Change 82-4 _ C. Conditional Use Permit 82-3 J The City Clerk asked that Conditional Use Permit 82-5 be added for Public Hearing on July 13, 1982. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED, TO SET THE ABOVE ITEMS FOR PUBLIC HEARING ON JULY 13, 1982. 65. School Impact Mitigation Fees. This items was taken up previously in the meeting. 66. Ordinance No. 640 - Second Reading regarding Zone Change 81-1. MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED,TO READ BY TITLE ONLY. ORDINANCE NO. 640 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIF- ORNIA, RE-ZONING CERTAIN PROPERTY WITHIN ITS COR- PORATE BOUNDARIES FROM R-l (SINGLE-FAMILY RESIDENCE) TO CP (COMMERCIAL PARK). Mr. Morrissey reported there were some typographical errors in the legal description and the corrected ordinance will be given j. to the City Clerk. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY, TO APPROVE ORDINANCE NO. 640 WITH THE CORRECTION OF THE TYPO- GRAPHICAL ERRORS. REPORTS AND RECOMMENDATIONS Mr. Rede reported that there may be an announcement after the Executive Session regarding the Community Center Kitchen. ~l~ Page eleven City Council Minutes June 22, 1982 REPORTS AND RECOMMENDATIONS (Continued) Ms. Valenzuela stated that in light of the Airport Feasibility Study presented at tonight's meeting, she urged people to go down and view the ultralights and compare them with what had been going on six months ago. After listening to the noises they produce, she would like others to listen and see if all the noise the public is complaining about is actually the ultralights. Mr. Unsworth introduced Melvin Todd, an applicant for the Planning Commission. Mr. Unsworth reported the Fire Department would like use of the water truck for the 4th of July fireworks and the use of a driver. Council concurred to allow the use of the water truck and driver for the 4th of July fireworks. Council announced they would be going into executive session to discuss the Memorandum of Understanding with the Employees Association, Lake Community Center, ~ Warm Springs Association and Planning Commission Appointments. 'JO t-- Council adjourned at 11 :25 p.m. to Executive:: Session. 1-;:) ~ Council reconvened at 11:57 p.m. with the following announcements: 1. The Memorandum of Understanding between the City and the Public Employees Association was approved. 2. Warm Springs Association Property - A letter will be sent to the General Partner informing them of what we are working on. 3. Community Center Kitchen - The bids for the kitchen came in over the budgeted amount and there were some technical problems with the bids that would make it impossible to accept and award the bids as presented. Discussion has taken place with the County of Riverside with respect to the City building the facility as an owner/builder. The County has been receptive to the pro- posal. It is recommended the City notify the County of their intentions and possibly direct staff to take action to develop the proposals. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO REJECT ALL BIDS AND NOTIFY THE COUNTY OF RIVERSIDE THAT THE CITY INTENDS TO ACT AS AN OWNER/BUILDER FOR THIS PROJECT AND TO DIRECT THE CITY MANAGER TO BRING BACK PROPOSALS TO COMPLETE THIS PROJECT. 4. Planning Commission Vacancies - Continued to July 13, 1982. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY, AND CARRIED UNANIMOUSLY TO ADJOURN TO JUNE 29, 1982, TO CONSIDER ULTRALIGHT REQUEST, CHAMBER OF COMMERCE REQUEST FOR A CARNIVAL AND POSSIBLY ACTION ON MR. GRINEL'S REQUEST. A ~Z4~v-tJ~it JO N G. UNSWORTH, MAYOR CI Y OF LAKE ELSINORE ATTEST: ~~P'~~~ ORAH A. HARRINGTON, CITY ERK :l20 CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MINUTES TUESDAY, JUNE 29, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The special meeting of the City Council was called to order at 7:35 p.m. by Mayor Unsworth PLEDGE OF ALLEGIANCE 1 The Pledge of Allegiance to the Flag was led by Counci1member MacMurray. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: TORN BU S I NESS ITEMS 1. Planning Commission Appointments Council concurred to continue this item to July 13th, 1982. 2. Elsinore Valley Ultralight Association Request Mr. Frazier gave background information on the Ultralight F1y- In request and reviewed the recommended minimum conditions. Mr. Grant asked for continuance of the item until later in the meeting so that he could review the recommended minimum conditions. Council concurred to continue this item until later in the meeting so that the applicant could have time to review the conditions of approval. 3. Request from Kaufman and Broad Homes for Occupancy Permit for seven (7) lots in Tract #14901 Mr. John Stevens reported that this tract is a very large sub- division with seven lots ready for occupancy. This subdivision has bonds to guarantee all the improvments. 90% of all street improvements have been installed. Staff recommends approval of the issuance of occupancy on the seven lots. i I i -- Mr. Rede concurred with the recommendation, stating the main reason for the request is because the interest rates on the mortgages will be increas~ng. Mr. Rede reported the City Attorney has approved the request. MOVED BY KNIGHT, SECONDED BY MACMURRAY, AND CARRIED UNANIMOUSLY THAT DUE TO THE GUARANTEE BY THE BONDS FOR THE COMPLETION OF THE TRACT (14901), THAT THE REQUEST BY KAUFMAN AND BROAD HOMES FOR THE SEVEN (7) LOTS, TO ALLOW THE PEOPLE TO OCCUpy THESE HOMES BE APPROVED. 4. M. Grine1 Status Report Mr. Morrissey reported that the recent action by the City Council has been reviewed by the City Attorney and the action will stand as approved at the last Council meeting. i -- ....c ...... I..."':J X) t-- '-:) o o ..L:.... ...... ~ - 221 Page two Special City Council Meeting June 29, 1982 BUSINESS ITEMS Continued. , " 5. Request from Dick Murphy for Clarification of Council Action on June 22, 1982. Mr. Rede stated that this item is on the agenda at the request of Mr. Murphy because of an apparent misunderstanding on the action by the City Council at the last meeting. Mr. Murphy was under the impression that the Council granted a waiver of the building permit process. It was staff1s understanding that the Council was not granting a waiver of the building permit process, but the Council was waiving -: one-part of Ordinance No. 711, which permits the Councj1 to waive commercial structure improvements under the 1270 ms1. ~1 r. M u r p h Y s tat e d hew a sun d e r the imp res s ion fro m the Co u n c i 1 meeting that he was allowed to continue working on his project without a permit because he is only remodeling and has an addition whdch serves for an aesthetic value only. Mr. Rede reported the Planning Commission has review~d his proposal, however, there is a time lag between the Planning Commission and the City Council meetings. It might be possible for the Council to give CP approval pending a later review of the plans and ratification of action at a later date. Mr. Frazier reported that according to Ord. 572, street improve- ment plans, survey and grading plans, are required to be sub- mitted prior to permit issuance. The actual installation are not required until prior to occupancy. Mr. Murphy stated that if the city requires the curb, then he will put it in. The request for the reduced turning radius is due to the small drive area. This is an existing building. Discussion ensued as to what amount of remodeling needs to take place prior to a building permit being required. Council concurred that the only action whibh was taken at the last meeting was to permit Mr. Murphy to locate his ~usiness under the 1270 msl. Mr. Murphy asked the council to grant a certificate of occupancy prior to the improvements being put in. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO ISSUE A TEMPORARY BUILDING PERMIT TO CONTINUE, SUBJECT TO ALL CITY COUNCIL CONDITIONS AND BUILDING DEPARTMENT CONDITIONS. 4. Mr. Murphy asked what can be done about the citation he received from the City. Mr. Frazier. reported that Mr. Murphy had been red tagg~d a total of three times (received stop orders) prior to the issuance of a citation. Mr. Frazier felt that the citation has already gone to the court for processing. Council concurred to have staff research this matter. Mr. Frazier will be in contact with the City Attorney to see what the process would be. M. Grinel Status Report Mr. Grinel asked what action the Council would be taking on his request. Mr. Morrissey explained the action taken by the City Council at the last regular meeting. The City Clerk read the motions made at the June 22nd, 1982, meeting. 222 Page three Special City Council Meeting June 29, 1982 BUSINESS ITEMS - Continued 2. Elsinore Valley Ultralight Request - Continued from earlier in the meeting. Mr. Frazier reported the applicant is in agreement with the conditions of approval on his request for the Fly-In. Mr. Unsworth stated that any future request of this nature will go through 1 the normal process, with no special meetings to accommodate the applicants. . Mr. Unsworth reported that approval of the Fly-In would have no bearing on the Conditional Use Permit scheduled before the Planning Commission and City Council. It was emphasized that there was to be no flying over the residential areas, flying should take place only over the lake. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE ULTRALIGHT FLY-IN BE APPROVED FOR JULY 16, 17, AND 18, 1982, WHICH INCLUDES THE TWELVE (12) CONDITIONS OF APPROVAL. Mr. Dave Vic, Lake Elsinore Chamber of Commerce, asked the Council to approve the Christenson Carnival to be held during the same time as the Fly-In. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE CARNIVAL. Mr. Vic stated that he does not want the fees to be waived. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED TO ADJOURN TO THE BUDGET SESSION AT 9:20 P.M. i I I I -- ATTEST: ~~i'~~~ ..... 2~ii CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, JULY 13, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council of the City of Lake Elsinore was ~. called to order by Mayor Pro Tern Torn at 7:33 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Torn. Mr. Torn reported the Lake Elsinore Transit Coordinator, Pete Kavanagh recently passed away, and asked for a moment of silence in his memory. ROLL CALL LO ~ l:'- 1-::> ~ o The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA ABSENT: COUNCILMEr~BERS: UNS~JORTH Also present were: City Manager Rede, City Attorney Porter, Planning Director Morrissey, City Clerk Harrington, City Engineer Kicak, Building Director Frazier, Finance Director Ronnow, Interim Public Works Director Stevens, Administrative Assistants Steel and Foster. CONSENT CALENDAR MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR. L/ 1. t,1 i nut e s : A. June 19, 1982 - Special Meeting - Approved as Presented. B. June 22, 1982 - Regular Meeting - Approved as Presented. 2. Warrant List - Approved Warrant List for the month of June, 1982, in a total amount of $370,017.37. 3. Quitclaim Deeds for" Water Rights: A. Gonzales Corporation - Approved as Presented. B. Berk McCollum - Approved as Presented. 4. Resolution No. 82-48 - Approved as Presented. L RESOLUTION NO. 82-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 82-83 CON- SISTENT WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATION. 5. Resolution No. 82-49 - Approved as Presented. RESOLUTION NO. 82-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE MASTER PROPERTY TAX TRANSFER AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE COUNTY OF RIVERSIDE, 224 Page two City Counci 1 r'1inutes July 13, 1982 CONSENT CALENDAR Continued. 6. Resolution No. 82-50 - Approved as Presented. RESOLUTION NO. 82-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING RESOLUTION OF INTENTION AND BOUNDARY MAP FOR AND CONSENTING TO THE WORK AND FORMATION OF ASSESSMENT DISTRICT NO 79-1 (CANYON LAKE) OF ELSINORE VALLEY MUNICIPAL WATER DISTRICT. - 7. Fire Safety/Housing Inspector Monthly Report - June, 1982. Informational Item. 8 . Building.& Safety Department Monthly Report - June, 1982. I n for mat 1 0." a 1 I tern. 9. Animal Control Activity Monthly Report - June, 1982. Informational Item. 10. Code Enforcement Office Monthly Report - June, 1982. Informational Item. 11. Claim - Marilyn Adams - Application for Leave to Present Late Claim. Rejected and Referred to City Attorney. Claim - Marilyn Adams - Claim against Public Entity. No Action. 12. 13. Claim - Lelani Adams - Rejected and Referred to City Attorney. 14. Claim - Andres Velasquez & William Arevala. Rejected and Referred to City Attorney. 15. Set for Public Hearing - August 10, 1982. - Approved. A. Zone Change 82-2 B. Zone Change 82-3 C. Conditional Use Permit 82-6 D. Tentative Tract Map #18195 PUBLIC CO~1MENTS - Bob Jacobson, 174 N. Chestnut, asked for consideration for a straight line and a left turn line at Sumner off of Main Street. He felt the existing left turn line only confuse~ people. A member of the audience asked a question on what action was taken on Item 15 of the Consent Calendar. Mr. Torn clarified that the only action taken on the item was to set it for a public hearing at which time public comments would be heard and action taken. PUBLIC HEARINGS 31. Tentative Tract Map #18598 Mr. Morrissey gave background information on this item based upon a report to the City Council dated July 2, 1982, recommending - approval of the Tentative Tract Map subject to 24 Planning Commission and four (4) Design Review Board conditions of approval and a determination regarding the request for waiver of grading ordinance requirements. Slides and maps of the area were pre- sented to the Council. Mayor Pro Tern Torn opened the Public Hearing at 7:41 p.m. asking if anyone would like to speak in favor of the tentative map. Mr. Mike Steiner, Boyle Engineering, 118 Airport Drive, San Bernardino, stated that the primary access would be from Canyon Lake North. Mr. Steiner reported that the applicant concurs with all the conditions. 225 Page three City Council Minutes July 13, 1982 PUBLIC HEARINGS ....c:;: 31. Tentative Tract Map #18598 - Continued. No one asked to speak to this item. Mayor Pro Tern Torn closed the public hearing at 7:43 p.m. Council asked if the grading was waived, what responsibility would be on the City. Mr. Porter felt it would be more appropriate to ask the applicant to apply for a variance rather than a waiver. l.O X) l"- I""':) o o MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE TRACT MAP #18598 WITH PLANNING COMMISSION AND DESIGN REVIEW BOARD CONDITIONS. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO SUGGEST TO THE APPLICATION TO OBTAIN A VARIANCE FOR THE GRADING OF THE PROJECT. 32. Zone Change 82-4 and Conditional Use Permit 82-3 Mr. Morrissey gave background information on the zone change and conditional use permit based upon a report to the City Council dated July 6, 1982. Staff recommendation is approval of the zone change and conditional use permit with 24 combined conditions of approval including the additional condition that the applicant shall comply with all R. V. Park provisions of Title 25. ~. Mayor Pro Tern Torn opened the public hearing at 7:49 p.m. . asking if anyone would like to speak in favor of the project. Mr. Rhodes, 33040 Deeble Entrance Street, Lake Elsinore, offered to answer any questions of the City Council. Kathy Carpenter, 33160 Greenwood Drive, stated the community needs additional recreation facilities and suggested opening up more roads off of 1-15. John Buron, 18975 Palomar Street, recommended approval of the request and added he would like to see Palomar Drive be brought up to city standards. Mr. Rhodes stated he felt Mr. Buron's request would be a matter between two (2) private parties, it should not include the City Council. Mayor Pro Tern Torn asked if anyone would like to speak in opposition to the Zone Change or Conditional Use Permit. No one asked to speak. The public hearing was closed at 8:00 p.m. k. \ Mr. Knight was concerned about possible water problems on the site. Mr. Morrissey reported there is a fire hydrant just outside of the park and that the Fire Department has required a fire hydrant on-site. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED TO APPROVE THE ZONE CHANGE #82-4 AND CONDITIONAL USE PERMIT #82-3, WITH AN ADDITIONAL 19TH CONDITION THAT "ALL R.V. PARK PROVISIONS B E U N D E R TIT L E 2 5" . AYES: NOES: ABSENT: VALENZUELA, TORN, MACMURRAY KNIGHT UNSWORTH 22P Page four City Council Minutes July 13, 1982 PUBLIC HEARINGS Continued. 33. Conditional Use Permit #82-5 Mr. Morrissey gave background information on this item stating that the applicant had requested the item be pulled prior to it going before the Planning Commission. Mayor Pro Tern Torn opened the public hearing at 8:45 p.m. Mr. Woods, applicant, presented a rendering of the project showing its location proposed facilities. - Mr. Torn announced that this item will be continued to the 10th of August, 1982. Kay Jordon, Lake Elsinore, asked the Council to let him re-bui1d his property. 34. Fiscal Year 1982-83 City Budget. Mr. Rede recommended the Council re-open the public and receive public input, take the recommendations under consideration and continue to the next council meeting. Mr. Rede and Mr. Ronnow reviewed the proposed budget for the Council and public. Mayor Pro Tern Torn opened the public hearing at 9:05 p.m. Lee Allen, 270 Avenue 9, Lake Elsinore, questioned why non- residents are" filling positions in City Hall. Mr. Allen also suggested that all the ultralight parks be located on the same side of the park with the airport. Allen Baldwin, 16496 Lash, felt that the emphasis on the budget is on water and sewer not on roads. Mr. Baldwin recommended transferring funds from other accounts to add to the street - maintenance account. John Osborne, Main Street Jewelry Store, Lake Elsinore, spoke on behalf of the Downtown Business Association and asked the City Council to meet with them at a Study Session. The Association also requested financial assistance in the Fiscal Year 1982/83 Budget. Mayor Pro Tern Torn closed the public hearing at 9:25 p.m. Mr. Torn asked the council to meet in an additional study session to address some concerns he still has with the budget. Mr. Rede suggested a study session be scheduled for July 20th, at 6:00 p.m. to 7:30 in the Council Chambers until the Planning Commission meets, then adjourn to the conference room. Council concurred. Council recessed at 9:30 p.m. Council reconvened at 9:42 p.m. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THE BUDGET TO JULY 27, 1982. - 35. Street Vacation of a Portion of Old Railroad Canyon Road. Resolution No. 82-51 - Ordering Vacation. Mr. Morrissey gave background information on the street vacation based upon a report dated July 2, 1982, to the City Council, recommending approval of the street vacation and adoption of the resolution. Mayor Pro Tern Torn opened the public hearing at 9:43 p.m. asking if anyone would like to speak in favor of the street vacation. 2'1/i Page five City Council Minutes July 13, 1982 PUBLIC HEARINGS - Continued - 35. Street Vacation of a Portion of Old Railroad Canyon Road - Continued. Fred Crowe, Butterfield Surveys, feels the street vacation would be the best use of the property. No one else asked to speak. Mayor Pro Tern Torn closed the public hearing at 9:47 p.m. RESOLUTION NO. 82-51 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE VACATION OF CERTAIN ALLEYS AND PORTIONS OF RAILROAD CANYON ROAD PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. ~ MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADOPT r. THE RESOLUTION. 1-:) ~ 36. Weed Abatement Assessment Hearing o ~1r. Stevens gave background information on the change in the weed abatement billing process and procedures. Mr. Stevens asked that this public hearing be continued to the meeting of July 27, 1982, so that notices to the property owners and billings can be sent out. Mayor Pro Tern Torn opened the public hearing at 9:59 p.m. No one asked to speak. Mayor Pro Tern Torn closed the public hearing at 10:00 p.m. Discussion ensued regarding the amount of weed abatement work which is done by city crews. Staff reported that part of the work is done by city crews, however, the majority of the work is contracted out. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE TO JULY 27, 1982. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 10:06 P.M. COUNCIL RECONVENED AT 10:17 P.M. BUSINESS ITEMS 51. Citizen Request - Theodore W. Cook Mr. Cook asked the Council to grant permission to hold a Candidate's Forum at the Community Center for the 37th Congressional District, 68th Assembly District, 73rd Assembly District, 36th Assembly District, Sheriff and District Attorney. The dates requested were August 12 and 26, September 2 and 23, and October 14 and 22, 1982. Mr. Cook stated Johnny Pearson has assured him that there would be no charge for the facilities. Mr. Rede recommended approval of the first date in order for the Staff to observe that the candidates' forum is a non-partisan forum. Staff does support the waiver of fees, and further suggested giving approval of the two August dates with conceptual approval for the remaining dates. Mr. Rede reported that some of the dates Mr. Cook has requested have been reserved previously and will try to work with everyone to free these dates. The City is bound to honor the previously committed dates. 228 Page six City Council Minutes July 13, 1982 BUSINESS ITEMS Continued. 51. Citizen Request - Theodore ~J. Cook,- Continued. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY THAT COUNCIL CONSENT TO THIS AND THAT THIS BE HANDLED THROUGH THE STAFF. 52. Kalifornia Outrigger Association Request Mr. Frazier gave background information on the request from the Kalifornia Outrigger Association to hold an Outrigger Canoe Regatta on July 17, 1982. Staff recommends approval of the request as requested subject to five conditions. - Discussion ensued regarding another major recreational event scheduled for the same weekend, (Ultralight Fly-in). Mr. Frazier felt there would be no conflicts because the events were at different ends of the lake. MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE KALIFORNIA OUTRIGGER ASSOCIATION CANOE REGATTA ON JULY 17, 1982. 53. Citizen Request - R. Earline DuFault - Refuse Billing Procedures. Ms. DuFault, 31750 Machado, asked the Council for consideration to have refuse billing procedures changed so that each individual tenant in the" Huntsman Mobilehome Park would be filled individually. There are some tenants who qualify for utility subsistence if they are billed individually. It was determined that the water bills are paid by the owner of the park, the gas bills are paid by the individual tenants. The tenants of the park place their trash in front of their mobile- - homes for pick-up. Mr. Steel reported that the staff recommendation is to deny the request for separate billing of tenants, if council should desire to bill the tenants separately, the ordinance would have to be amended. MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO DEFER ACTION FOR TWO (2) WEEKS. 54. Citizen Request - R. Earline DuFault - Tree Spraying Ms. Dufault reported that the t~ees have been sprayed. 55. Citizen Request - R. Dufault - Left-hand turn Lane at Huntsman Mobilehome Park. Ms. DuFault stated that the Mayor has explained that this request has been heard by the Council recently, and the left-turn lane would not be installed because the street is too narrow. 56. Incidental Camping, The Bible Speaks in California, 1500 Grand Avenue Mr. Morrissey gave background information on the request for Incidental Camping, based upon a staff report to the City Council dated July 6, 1982, recommending approval subject to 18 conditions of approval. Joe Rivera, representing the Bible Speaks, stated he feels they can meet the recommended conditions. -- Mr. Torn stated he is disappointed with the Slavic's Camping Area and feels that the Council made a mistake in approving it. 22~' Page seven City Council Minutes July 13, 1982 BUS I N E S SITE r~ S Continued. 56. Incident Camping, The Bible Speaks - Continued - Ms. Valenzuela asked if Council has set a precedent on approving such uses because of prior actions by the Council. Mr. Porter stated that prior actions by the council is not binding, the council takes each request and bases their action on an individual basis. '- Mr. Rede recommended that the fees and recommended conditions not be waived because of the constitution's separation of Church and State. l.O 'JO r-.. '-::l o o Discussion ensued on whether to add an additional condition to require no over-night camping within 100 feet of the lake shore. Mr. Knight felt that this requirement would not be enforceable. MOVED BY VALENZUELA, SECONDED BY TORN, TO ALLOW TO OPERATE SUBJECT TO ALL EIGHTEEN (18) CONDITIONS. AYES: NOES: ABSENT: VALENZUELA KNIGHT, MACMURRAY, TORN UNSWORTH 57. Commercial Remodel: R. D. l*1urphy - 17037 W. Lakeshore Drive -. Mr. Morrissey gave background information on Mr. Murphy.s request based on a staff report to the City Council dated July 1, 1982. Staff recommendation is approval of Mr. R. D. Murphy's request for a commercial remodel at 17037 Lakeshore Drive subject to five (5) conditions. Mr. Murphy asked that he be allowed to put in the streeLimprovements at a later date. - Moved by Knight, Seconded by MacMurray that the off-site improvements be deferred. MOTION DIED, NO ROLL CALL VOTE TAKEN. Mr. Rede asked that the length of the deferrment be addressed by the Council. Mr. Morrissey stated that there has been discussion in the past on the General Plan Amendment to all of Lakeshore Drive, when it was resolved the City Council had taken action that East and West Lakeshore Drive between the intersection of Lakeshore Drive and Graham and Four-Corners would be an 80' right-of-way. Mr. Torn felt there should be further discussion on Lakeshore Drive,as to its design. MOVED KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE MR. MURPHY'S REQUEST FOR THE REMODELING OF LAKESHORE DRIVE REQUEST SUBJECT TO THE FOUR (4) CONDITIONS AND THAT AN AGREEMENT BE ENTERED INTO FOR THE INSTALLATION OF OFF-SITE IMPROVEMENTS. - 58. Hand Held Radios & Relocation of Base Station Bid Award Mr. Frazier gave background information based on a report to the City Council dated July 7, 1982, recommending awarding the bid to Layton Electronics in the amount of $4,941.02. Discussion ensued as to the location of the base station and where it would be best secured. Discussion also ensued as to what the legal requirements are as to awarding bids on an informal basis. The City Attorney felt the legal requirements for the informal bid award basis was $7,500 or less. Staff was under the impression it was $5,000. Mr. Torn felt that staff should go through the competitive bid process for the Hand Held Radios and relocation of the base station. 230 Page eight City Council Minutes July 13, 1982 BU S I NESS IT EMS Continued. 58. Hand Held Radios & Relocation of Base Station Bid Award - Continued. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO GO TO BID FOR THE HAND HELD RADIOS AND RELOCATION OF THE BASE STATION. 59. Sewer Assessment District Adjustment Mr. Kicak gave background information on the Sewer Assessment District Adjustment based on reports dated July 6, 1982 to the City Manager. Mr. Kicak report~d that staff was asked to consider an adjustment in the existing Sewer Assessment District boundaries on a particular parcel of land owned by the same person. The area of the assessment district will remain the same, only the boundaries will change. -- MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARR ED UNANIMOUSLY TO APPROVE THE SEWER ASSESSMENT DISTRICT ADJUSTMENT. 60. Assignment of City's Housing Revenue Bond Entitlement to County of Riverside - Resolution. Mr. Steel gave background information on the City's Housing Revenue Bond Entitlement recommending adoption of the resolution. Staff would have to contract for the issuing of the bonds, the city will be administering the program. Mr. Red ere ported that the City co u 1 d uti 1 i z e up to $1 5 mill ion in Revenue Bonds. Mr. Maciborski is only requesting 1.5 million. Other developments in the city could also utilize funds for the purpose of reducing mortgage financings costs. RESOLUTION NO. 82-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ASSIGNING ONE-HALF OF THE CITY'S ENTITLEMENT AS AUTHORIZED UNDER THE FEDERAL MORTGAGE SUBSIDY BOND ACT OF 1980 AND THE GOVERNOR'S PROCLAMATION OF 1981. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-52. ..... 61. Lake Elsinore Bikeway/SB 821 Grant Application & Resolution Mr. Steel gave information on t~e Bikeway Project costs for funding of the project area and recommended the following action be taken by the City Council. 1. Approve SB 821 Grant submittal to the Riverside County Transportation Commission. . 2. Appropriate 10% of the City's portion of the total project costs or $8,910. 3. Adopt resolution establishing planning and design standards for bikeway development. -- RESOLUTION NO. 82-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE PLANNING AND DESIGN CRITERIA FOR BIKEWAYS IN CALIFORNIA, PURSUANT TO SECTIONS 2373, 2374, 2375, AND 2376 OF THE STREETS AND HIGHWAYS CODE, AS THE PLANNING AND DESIGN STANDARDS FOR THE DEVELOPMENT OF BIKE- WAYS IN THE CITY OF LAKE ELSINORE. MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE THREE POINT RECOMMENDATION. ~J ) Page nine City Council Minutes July 13, 1982 BUSINESS ITEMS Continued. 62. Business License Fees Ordinance Mr. Foster addressed the Business License Fee Revision wh~ch will be the first of a series of fee revisions and gave general categories for licensing. This program will be on a two-year phased increase. Mr. Foster will be meeting with the attorney to discuss this matter further. MOVED BY VALENZUELA, SECONDED BY MACMURRAY, AND CARRIED UNANIMOUSLY TO GIVE CONCEPTUAL APPROVAL. 63. Master Planning Proposal with C. G. Engineering Mr. Morrissey gave background information on the Master Planning Proposal based upon a report to the City Council dated July 1, 1982, recommending approval of the Master Planning Agreement between the City and C. G. Engineering subject to revision of the payment provisions and approval by the City Attorney. Payments will be in three separate increments of $2,032.5~ $7,452.50 and $4,065.00. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO C. G. ENGINEERING FOR THE GATEWAY ANNEXATION. l.Q JO l'- 1-:> ~ o 64. Cable Television Franchise Ordinance MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO SUGGEST THAT THIS BE PULLED AND SET FOR A LATER DATE AND IN THE MEANTIME SET A STUDY SESSION ON THIS. 65. Flame Reta~dant Roofs Policy Mr. Torn asked Council.s consideration to continue this item until John Unsworth could be present. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO CONTINUE TO THE NEXT MEETING. 66. Bid Advertisement for Swick Park Improvements Mr. Kicak gave background information on the Swick Park Improve- ments recommending that Council authorize advertising for bids on the redevelopment of the existing ballfield at Swick Park that will include lighting, fencing and backstops. MOVED BY MACMURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADVERTISE FOR BIDS. 67. Elsinore Village Dike Bid Award Mr. Rede asked that this item be continued so that the property owners can be notified. -- Council concurred to continue this item. 68. Heald Street Sewer Reconstruction Bid Award Mr. Kicak recommended the City Council award the-contract for the reconstruction of Heald Street Sewer to Jan G. Earnest Construction Company of Anaheim in the amount of $17,620.00. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO AWARD THE BID TO JAN G. EARNEST. 69. Riverside Drive Utility Pole Relocation Costs Mr. Kicak advised the Council that the City had no liability for the relocation of the poles or the street improvements along the frontage of Lot 90, Tract #12360. :4a2 Page ten City Council Minutes July 13, 1982 BUSINESS ITEMS - Continued 69. Riverside Drive Utility Pole Relocation Costs - Continued Mr. Kicak reported the City has a check in the amount of $15,000 from the developer along with a letter of credit in the amount of $42,000 which exceeds the expenses incurred to date by $3,000 and further recommend payment to the Southern California Edison Company. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE. -- REPORTS AND RECOMMENDATIONS Ms. Valenzuela asked that the crosswalks on Main Street be repainted. Mr. Torn asked for an update on litigation matters which the City Attorney is handling. Mr. Torn asked staff to look into a Mobilehome Sales office located at the Huntsman Mobilehome Park, has the city approved it and do they have a business license. Mr. Torn asked that a study session be held to discuss the study made by Cal-Poly on the Downtown Business Association. Mr. Morrissey reported that the report has come to City Hall and Council should be receiving a copy within the next two days. COUNCIL RECESSED INTO CLOSED SESSION TO DISCUSS PERSONNEL MATTERS AT 12:15 A.M. COUNCIL RECONVENED WITH NO ANNOUNCEMENTS MADE. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 12:26 A.M. ..... );I~ ATTEST: - ~ 1.1.l 00 ~ I~ o Q 233 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, JULY 27, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Unsworth. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH A B S E NT: C 0 U N C I L M E t~ B E R S : MAC M U R RAY . . Mayor Unsworth announced that Councilmember MacMurray has been sick with the flu. Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, City Engineer Kicak, Finance Director Ronnow, Interim Public Works Director Stevens, Administrative Assistants Steel and Foster. CLOSED SESSION - PERSONNEL MATTER The City Council adjourned into Closed Session to discuss a personnel ~ matter and a litigation problem. ~ -- ,.. Council reconvened with the following action taken on a personnel matter: Two Planning Commissioners were appointed: Hilda Barnhart and Bill Saathoff. CONSENT CALENDAR The following items were removed from the Consent Calendar for discussion: Item #2. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1 . t\1 i nut e s : A. June 29, 1982 - Special Meeting B. July 13, 1982 - Regular Meeting Approved as presented. Approved as presented. 2. Community Center Fees, Procedures and Regulations - Resolution. This Hem was removed from the consent calendar. 3 . Con t r act ~ A (l n u al Co un ty Par tic i pat ion Con t r act for 0 i1 san d Grease. Approved Resolution. RESOLUTION NO. 82-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING PARTICIPATION IN AWARD 82/6282 TO UNION OIL COMPANY BY THE RIVERSIDE COUNTY BOARD OF SUPERVISORS FOR THE PURCHASE OF LUBRICATING OILS AND GREASES FROM JULY 1, 1982 THROUGH JUNE 30, 1983. 4. Set for Public Hearing - August 24, 1982 Approved. A. Zone Change 82-1 & Realignment of Quail Drive 284 Pa ge Two City Council Minutes July 27, 1982 CONSENT CALENDAR - Continued. 236 Page four City Council Minutes July 27, 1982 PUBLIC HEARINGS. Continued. 33. Weed Abatement - Resolution Continued. The public hearing was closed at 9:28 p.m. Discussion ensued regarding the manner in which the weed abatement program is charged back to the parcel owners. Mr. Rede reported that the weed abatement program is supposed to be self-supporting. The program is not presently at this point. Discussion ensued regarding the new billing process and the fact that many of the parcel owners did not understand the billing process. - Mr. Stevens recommended the parcel owners combine the small lots as one ownership, especially if the weed abatement program goes on a year-round basis. Mr. U n s w 0 r t h r e com men d e d t hat s t a"f f w 0 r k wit h the c i t Y man age r to devise a new method of billing the property owners so as to be more consistent with the work performed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION WITH DIRECTION TO STAFF TO STUDY THE PROBLEMS WITH THE PROGRAM AND STAFF TO TRY TO CORRECT THE INEQUITIES OF THE FEE STRUCTURE. RESOLUTION NO. 82-56 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND RE- QUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST THAT PROPERTY AND SHALL BE MADE A LIEN ON SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PRO- VIDED IN SAID GOVERNMENT CODE. COUNCIL RECESSED AT 9:50 P.M. COUNCIL RECONVENED AT 10:00 P.M. BUSINESS ITEMS ---' OFF-AGENDA ITEM - Award Contract for' the Construction of the Elsinore Village Dike. Mr. Kicak gave background information on the Village Dike Contract recommending Council award the contract to MBC Construction Company in the amount of $137.793.10 for Bid Alternate No.1. The bid was very close to the Engineer's Estimate. Staff also recommends the City Manager be authorized to execute the right-of-entry forms on behalf of the City and transfer $12,985.72 from the City's 1982-83 Capital Improvement Fund. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AWARD THE ELSINORE VILLAGE DIKE TO MBC CONSTRUCTION COMPANY IN THE AMOUNT OF $ 137,793.10 SUBJECT TO THE RIVERSIDE COUNTY OFFICE OF COMMUNITY DEVELOPMENT APPROVAL OF THE CONTRACTOR. ALSO, AUTHORIZE THE CITY MANAGER TO EXECUTE THE RIGHT-OF-ENTRY FORMS IN BEHALF OF THE CITY, ANn TRAN~~~R n~ tl?QR~ 7? ~RnM T~~ rTTV'~ lQR?_R1 rAPTTAI TMPRnV~M~NT " l.O ~ ~ I"":) ~ Q l ,- L ~.J " Page five City Council Minutes July 27, 1982 BUSINESS ITEMS Continued. 51. Thermal Electronics Request Mr. Rede gave background information on thi s requerst based on a report to the City Council dated July 20, 198~. Staff recommendation is to approve the request to allow occupancy of the structure upon completion and acceptance of the s~ruct~re by the Department of Building and Safety. Further gr~ntl~g Slxty (60) days waiver for time of completion on the followlng ltems: Parking Lot Facilities. Landscaping Requirements. . . Installation of Permanent Flre Hydrant (SUbstltute to be installed for temporary protections). Discussion ensued regarding the staff's request for authorization to go to bid for the Minthorn Street,Improvements. 1 ) 2 ) 3 ) MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOM.MENDATION FOR- THE THREE ITEMS. OFF-AGENDA ITEM - Minthorn Street Improvements MOVED BY VALENZUELA, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO GO TO BID ON MINTHORN STREET IMPROVEMENTS. Mayor Unsworth requested council concurrence to take up agenda item #57 prior to taking agenda item #52. 57. Slavick's Holiday Campground Mr. Rede gave background on the Slavick's Holiday Campground Incidental Camping Permit. based on a report to the City Council. Mr. Rede reported that conditions of approval #1, 3, 8, 11 and 12 have not been met as of this date. Discussion ensued regarding campers staying within 100 feet of the shore. It was reported that this discussion did take place at the City Council meeting of thy 25, 1982whi-ch approved the application for incidental camping, however, it was not made a .condition of approval. Ms. Valenzuela asked to be excused from the discussion of this item because her husband has worked on the camping site. Mr. Mueller, representing the owners of the park as their manager, explained some of the improvements which have taken place on the park site. Mr. Mueller also reported that he has received a notice from the Health Department that the park does not need a dump station. It was pointed out to Mr. Mueller that in order to have a boat launching facility on the site, they would need to get permisSion from the State Park and Recreation Department. Moved by Torn that incidental camping is not a good use of land on the lake perimeter and does not support any future incidental camping uses. Motion died for lack of a second. MOVED BY KNIGHT, SECONDED BY UNSWORTH WITH NO ACTION TAKEN, THAT THE SLAVICK'S HOLIDAY CAMPGROUND BE ALLOWED TO CONTINUE TO OPERATE FOR AN ADDITIONAL THIRTY (30) DAYS WITH THE STIPULATION THAT THE REMAINING FIVE (5) ITEMS BE LOOKED INTO AND TAKEN CARE OF. ROLL CALL VOTE: AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, UNSWORTH TORN MACMURRAY VALENZUELA ~ ,") t'J Page six City Council Minutes July 27, 1982 BUSINESS ITEMS - Continued 57. Slavick's Holiday Campground The C i ~ y At tor n e y r e po r t e d t hat, by the v 0 t e 0 f the C i t y C 0 u n c i 1 ~o actlon was taken as the motron failed to pass. The matter' 15 now under Staffts jurisdiction to insure compliance of all conditions of a p p ro val . Council concurred to return to the normal order of the Agenda. . 52. Incidental Camping, The Bible Speaks in California _ Appeal Mayor ~nsworth asked the Bible Speaks to have one main repre- sentatlve speak on behalf of their group. Jim Heinz, 15910 Grand Avenue, is the head pastor for the Bible Speaks in California. Mr. Heinz stated his church would like to provide an area for dry camping for those people in the community who would like to go somewhere where drinking and smoking is not permitted. I ..... Discussion ensued regarding wh~ther or not boat launching facilities will be installed. Mr. Rivera stated that at this time boat launching is not planned. Ms. Valenzuela questioned Condition # 16 regarding waiver of conditional use permit procedures for this season (1982) only. Mr. Morrissey reported that this is similar to the request of the Slavick's Holiday Park. MOVED BY VALENZUELA, SECONDED BY TORN TO APPROVE THE INCIDENTAL CAMPING REQUEST SUBJECT TO EIGHTEEN (18) CONDITIONS UNTIL OCTOBER 30, 1982. AYES: NOES: ABSENT: VALENZUELA TORN, KNIGHT, UNSWORTH MACMURRAY -- Mr. Torn stated that he is opposed to any type of incidental camping, if it was camping for the youth of the community only he would consider voting in favor of the project. Mr. Stafford asked if the Council was fair in considering this appl ication. Mr. Porter stated the city has the right to control property within the city. The applicant has requested extra-ordinary consideration for use of this property and the council votes on this process through the Conditional Use Permit. 53. Waste Water Treatment Plant Facility - Design State Mr. Rede gave background information on the request from the Elsinore Valley Municipal Water ~istrict. Staff recommends approval in concept only. with a time table to be worked out. Staff recommends conceptual approval subject to the working out of the financing of operating costs of the Treatment Plant. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION. ... 54. Ms. DuFault - Refuse Billing Request. Mr. Steel gave background information on this request which has been to the Council previously. Staff recommendation is to deny the request. Ms. DuFault, 31750 Machado, asked the Council to consider putting her tenants on individual accounts. This would help some of the tenants who would qualify for utility.subsidies. The tenants presently leave their trash in front of the mobile homes during trash days as the system is set up. /.JtJv Page seven City Council Minutes July 27, 1982 54. Ms. DuFault - Refuse Billing Request. Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY THE REQUEST. 55. Chamber of Commerce/Kiwanis Club Request - Chili C~okoff Mr. Rede gave background information on the request to hold a Chili Cookoff on September 5th and 6th at the Rodeo Grounds on Collier Avenue. Booths will be set-up by local clubs, , organizations and businesses for additional entertainment, plus music, a Ms. Chili Cook-off Contest and Dance to be held on Saturday night, with the official IICook-Offllto be held on Sunday. There is overnight camping for the contestants only. Dave Vic, representing the Chamber of Commerce, stated the Kiwanis is the leading organization in this event. Mr. Vic did not feel there would be any problems with the traffit. ~ ~ t-- .'"":) ~ ~ Mr. Torn felt there was with the chili-cookoff.. Mr. Vic stated he would Club. no place for a wet t-shirt contest Mr. Torn asked that this not be held. forward his feelings on to the Kiwanis MOVED BY VALENZUELA, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE THE CHILI COOK-OFF TO BE HELD ON SEPTEMBER 5TH AND 6TH ON THE PROVISION PREVIOUSLY STATED AND ALL PETITIONS FOR WAIVERS TO GO THROUGH STAFF, ALSO THAT NO WET T-SHIRT CONTEST TO BE HELD. IF A WAIVER IS RECOMMENDED BY STAFF, THAT IT BE APPROVED BY THE COUNCIL. 56. Erich Sommer Request - Permit below 1270' M.S.L. Mr. Porter reported that Mr. Sommer has been before the Council previously and has started work without permit. Mr. Porter recommended that the permit be issued after the applicant has obtained an excavation permit and the illegal fill removed. Mr. Sommer stated he was notified that he had to clean up the property, that he would have to obtain permits. Mr. Sommer stated that he did not authorize the fill dirt to be put in. Mr. P 0 r t e r s u 9 g est e d t hat add it ion a l' 1 a n g u age be i n c OT P 0 rat e d into the staff recommendation, lIafter applicant first obtains an excavation permit and removed the fill which was brought inll. \.. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS. Mr. Sommer discussed a problem on the property in regards to ~lgae build-up. The only way to deal with the problem is to cover it up. 57. Slavick1s Holiday Campground This item was taken up previously in the meeting. Wilfred Atkinson - CDC House Relocation Request 58. "- Mr. Rede explained that this house was originally built outside of the city and no capital improvement fees were paid to the cit~ and on a remodeling of 600 square feet, capital improvements fees should be paid. Bob Switzer, representing the C.D.C., stated that this is not a new buiding and does not make any additional demands on existing facilities. Mr. Switzer asked the council to consider a waiver of fees for the project. MOVED BY TORN, S~CONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE WAIVER OF CAPITAL IMPROVEMENT FEES EXCEPT FOR WATER CAPITAL IMPROVEMENT FEES SUBJECT TO DEED RESTRICTIONS AGAINST FUTURE RESIDENTAIL DEVELOPMENT ON THE PROPERTY THE HOUSE WAS MOVED FROM AND REFER SCHOOL FEES REQUEST TO THE SCHOOL BOARD. '~ ~ lJf Page eight City Council Minutes July 27, 1982 59. Zone Change.81-2, Changing R-2 property to R-3, Ordinance 709 _ Second Readlng. Mr. Morrissey have background information on the Zone Change based on.a report dated July 20, 1982 to the City Council stating the appllcant has complied with the conditions of approval. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 709 AN ORDINANCE OF THE CITY tOUNCIL OF THE CITY OF LAKE ELSINORE CHANGING THE ZONING OF CERTAIN PARCELS FROM R-2 TO R-3. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 709. - AYES: NOES: ABSENT: .. KNIGHT, TORN, VALENZUELA, UNSWORTH NONE MACMURRAY 60. Conditional Use Permit #81-17 - Snyder - Six Month Review. Mr. Morrissey gave background information regarding Conditional Use Permit #81-17 which was approved subject to a six month review, or the final actions of the Planning Commission/City C.ouncil Joint Study Session, whichever one occurred first. Mr. Torn expressed concerns as to whether hand gliding is an appropriate use along the lcke perimeter. Mr. Unsworth suggested the applicant be given until the first meeting in September- to comply with the original conditions of approval for the approved 20 acres. ... MOVED BY TORN, SECONDED BY K~IGHT, AND CARRIED UNANIMOUSLY TO HOLD OFF THE DECISION ON THE REVIEW PERIOD UNTIL AFTER THE SEPTEMBER 14TH MEETING AND STAFF MAKE THE APPLICANT AWARE OF THE AREAS IN WHICH HE IS NOT IN COMPLIANCE. / Mr. Finburg stated he had originally put in a wood fence on the property, however, people started taking it down and using it for fire wood. Discussion ensued regarding the need for an additional con- ditional use permit for any ar~a above the 20 acres. Resolution - Statute of Limitations for Review of City Decisions 61. Mr. Porter gave background information on the need for the resolution which would provide that a petition for judiciary review must be filed IInot later than the 90th day following the date on which the decision becomes final.1I MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE RESOLUTION. AYES: NOES: ABSENT: KNIGHT, VALENZUELA, UNSWORTH NONE MACMURRAY, TORN - 62. Flame Retardant Roofs Discussion ensued regarding what types of roofs are flame retardant, and whether council should wait until the state legislation takes possible action in January. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO SET A COUNCIL POLICY TO PREPARE T~E LOCAL ORDINANCE REGARDING FLAME RETARDANT ROOFS. ~~~ Page nine City Council Minutes July 27, 1982 BUSINESS ITEMS Continued. 62. Flame Retardant Roofs - Continued. Roll call vote on motion: AYES: NOES: ABSENT: KNIGHT, VALENZUELA, UNSWORTH TORN MACMURRAY , 63. Animal Control Ordinance Mr. Foster gave background information on the need for the Animal Control Ordinance for enforcement purposes. The proposed fees will be the same as the County's. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO READ BY TITLE ONLY. ~ i~ ,~ ~ ~ ~ ~ ORDINANCE NO. 641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REPEALING ORDINANCES 396, 489, 580 AND 589 AND LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.04 AND PROVIDING FOR THE LICENSING OF DOGS AND IMPOUNDING OF ANIMALS: REGULATING THE KEEPING AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS: PROVIDING FOR THE CONTROL AND SUPPRESSION OF RABIES: CONCERNING THE DUTIES OF THE ANIMAL CONTROL OFFICER. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY.TO APPROVE THE FIRST READING OF ORDINANCE NO. 641. l l AYES: NOES: ABSENT: KNIGHT, TORN, VALENZUELA, UNSWORTH NONE MACMURRAY 64. Swap Meet Ordinance Mr. Rede asked that this item be continued so staff can investigate this ordinance further. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE. Council concurred to have staff work with Mr. Harmatz on the preparing of the ordinance. 65. Card Room Ordinance Mr. Torn felt the existing principles at the Card Room should be aware of the ordinance and staff should receive their input. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM INDEFINITELY. REPORTS AND RECOMMENDATIONS L Mr. Rede announced that Joe Kicak, City Engineer will be leaving the City to devote more time to his private business as of July 30, 1982. Mr. Rede gave the Council a list of proposed study sessions and with Council concurrance the following dates were set: ~~:t Page ten City Council Minutes July 27, 1982 REPORTS AND RECOMMENDATIONS - Continued. Organization Issue Date Time King Video Council/Redevel- opment Agency City Council Cable Television 8~3-82 8-5-82 7 - 9 p.m. 7 - 9 p.m. Funding-Regional Sewer Treatment Plant Policy Formation (Team Building) Planning Commission General Plan 8-14-82 9 a.m.-l p.m. .... 8-16-82 7 - 9 p.m. 7 - 9 p.m. Community Develop- Community Development 8-18-82 ment Counci 1 Planning Commission Lakefront Property 8-25-82 Maintenance & Control 7 - 9 p.m. Recreation and Recreation and Park Plan 8-31-82 Park District 7 - 9 p.m. Mr. Torn reported the lights in Tract #11939, which was not built, have been on, with the city now paying the light bill on those lights. Mr. Torn felt if the lights are not serving a purpose, they should be turned off. Mr. Rede stated that staff will report back at the next meeting. COUNCIL RECESSED TO THE REDEVELOPMENT MEETING AT 1:05 A.M. COUNCIL RECONVENED AT 1 :25 A.M. COUNCIL ADJOURNED TO CLOSED SESSION TO DISCUSS LITIGATION MATTERS AT 1:25 A.M. COUNCIL RECONVENED AT 1:35 A.M. ...,J Mr. Rede reported that Fritz Neumann has offered a 2.5 acre parcel to the city for $200,000. Staff feels the property does have potential. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER BE DIRECTED TO ENTER INTO NEGOTIATIONS WITH FRITZ NEUMANN FOR THE PURCHASE OF THE PROPERTY. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 1:40 A.M. . ATTEST: ~~J~'~ ... \ - ... t.. 1'- -::> ~ o \:: .'-- ~'j:." CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 10, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:37 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Valenzuela. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, Interim Public Works Director/City Engineer Stevens, Building Director Frazier, Adminis- trative Assistants Steel and Foster. PRESENTATIONS/PROCLAMATIONS Mayor Unsworth read a proclamation proclaiming August 29th, 1982, as United States Paratroopers Day in the City of Lake Elsinore. CONSENT 'CALENDAR The following item was removed from the Consent Calendar for further consideration: Item 3. 1. Minutes - July 27, 1982 - Continued to the next meeting. 2. Warrant List - Month of July, 1982, check numbers 16612 through 16790 in the amount of $472,757.46. 3. Bond Release, Leach Canyon Channel Construction, Tract 13799. This item was pulled from the Consent Calendar for further discussion. 4. Animal Control Activity Report -July. Accepted as an informational item. 5. Fire Safety/Housing Inspector Monthly Report - July. Accepted as an informational item. 6. Set for Public Hearing - September 14, 1982: A. Conditional Use Permit - 82-7. B. Zone Change 82-5. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Bond Release, Leach Canyon Channel Construction, Tract #13799. Councilman Torn stated he would have to abstain from voting on this item because he has been involved in the project. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED TO APPROVE THE BOND RELEASE FOR LEACH CANYON CHANNEL. ~~4 Page two City Council Minutes August 10, 1982 CONSENT CALENDAR Continued 3. Bond Release, Leach Canyon Road Channel Construction, Tract #13799. Roll Call on Motion: AYES: NOES: ABSENT: ABSTENTIONS: OFF AGENDA ITEMS KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH NONE NONE TORN , ... 1. Validation Suit for the Redevelopment Agency Mr. Porter handed out a copy of the Court Summons which has caused some concerns in the community. The Summons is a require- ment of the state which tells people that some type of legal action is about to take place. and that they have a certain amount of time in which to respond to the action proposed. . On this type of a suit, no one in particular is being sued. The suit does not seek to attach anyone1s wages, savings or property. The Validation Suit is a necessary step for the Redevelopment Agency to establish the legal basis to issue bonds to collect tax increments. By filing this type of legal action the Redevelop- ment Agency is inviting anyone who may feel there is some type of procedural error in establishing the Agency or some type of violation of laws in establishing the Agency to speak regarding the agency in court. If no one speaks to the Court, then the Court finds a default judgement finding that the Agency is valid or has been established properly and it has the authority to issue bonds and receive tax increment money. This action is necessary to ensure the potential bond holders that this matter will not be challenged later. Eugene Carter read an open letter to the residents of the City of Lake Elsinore regarding the validation suit.stating he does not feel the Redevelopment Agency has the authority to issue bonds. --- Dan Strong, stated he would like to see the city put in a letter to the newspaper explaining items such as they when they arise. Council concurred to have staff write an article to the newspaper explaining this validation suit to the community. 2. Street Light Standards Mr. Rede gave background information on the bid process of the street light standards. Mr. Rede read a portion of the minutes from March 23~ 1982 City Council Meeting pertaining to the sale of the light standards to Mr. & Mrs. Barnes. Wayne Clement, property owner in the Country Club Heights area, protested the sale of the light standards because of the historical value to the community and whether or not the city actually had the right to sell the light standards. -Mr. Rede explained that the City did have the right to sell the light standards located in the city's right-of-way. Mr. Rede recommended that the City place a 7 day moratortum on the removal of the light standards to clarify some legal questions regarding their removal. Council concurred with staff recommendation. ... ~~~ Page three City Council Minutes August 10, 1982 PUBLIC COMMENTS Eugene Carter spoke regarding the Regional Sewer Plan which has been ado~ted by the City of Lake Elsinore several years ago. Mr. Carter asked the Councll to review the plans to see if they have any merit. Mr. Carter felt Councilmembers should not be criticizing other communities which come to Lake Elsinore for recreation purposes. PUBLIC HEARINGS 31. Tentative Tract Map #18195 Mr. Unsworth announced that this was the time and place for a public hearing on a Tentative Tract Map #18195 for a residential subdivision of 6.2 acres into 38 single-family lots. The property is located 1,200 feet east of Terra Cotta Road on Lakeshore Drive. t~ ~ ~ ~ o Mr. Morrissey gave background information on the Tract Map with the Planning Commission recommending approval subject to 32 conditions, which includes a finding of no significant impact upon the environment and issuance of a negative declaration. No correspondence had been received on the subject tract map. Mayor Unsworth opened the public hearing at 8:10 p.m. asking if anyone would like to speak in favor of the project. James Kencanon, architect for the applicant, had a question on the 25-foot lot line frontages; the zero lot lines were approved by the Planning Com- mission on the cul-de-sacs. If the zero lot lines are not approved by the City Council, then the lots would have to be adjusted. Mayor Unsworth asked if anyone would like to speak in opposition to the tract map. No one asked to speak: The Public Hearing was closed at 8:12 p.m. Council questioned when has the city approved 15-foot lot frontages. Mr. Morrissey reported that depending on the size of the radius curb for a cul-de-sac, subdivisions are allowed to have down to 15-foot frontage. Mr. Torn asked that the Council make sure we condition the outside of the block wall to be well landscaped and drip irrigated as well as the individual lots. Mr. Torn felt there may be a problem with the formation of the street maintenance districts, if we approve the map he would like to see a condition inserted, ie, that a bond be required for the seal coating purposes before the city accepts the street for public maintenance. Mr. Torn also felt concerns regarding the parking situation on the cul-de-sacs. Discussion ensued regarding the zero lot line concept and how it relates to this tract map. Mr. Morrissey explained the zero lot line concept. Mr. Wood stated this concept is like putting a duplex in the middle of two lots. Discussion ensued regarding fire safety and the closeness of some of the proposed structures. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE TRACT MAP #18195 WITH THE EXISTING 32 CONDITIONS PLUS CONDITION #33 - THAT THE DEVELOPER WILL BOND FOR STREET SEAL COAT BEFORE ACCEPTANCE OF STREET IMPROVEMENTS BY THE CITY: CONDITION #34 - THAT A PROPERTY OWNER'S ASSOCIATION WILL BE DEVELOPED IF THE ZERO LOT LINE CONCEPT IS APPROVED AND CONDITION #35 - THAT A MINIMUM OF 25 FEET OF FRONTAGE BE PROVIDED TO EACH AND EVERY LOT. ~~fj Page four City Council Minutes August 10,1982 PUBLIC HEARINGS - Continued. 32. Zone Change 82-2 - (Butterfield Surveys) Mr. Morr~ssey gav~ background information based on a report to the Clty Councll dated July 22, 1982, recommending approval of ~he.zone chang~ s~b~e~t to six (6) conditions, including a f 1 n d 1 n g 0 f nos 1 g n 1 f 1 ca mce u po nth e e n vir 0 n men t, t. s sua n c e of a negative declaration, and a finding the proposed zone change will not inhibit the locality from providing required or necessary housing within the community. Mayor Unsworth opened the public hearing at 8:32 p.m. asking those in favor of the project to speak. Fred Crowe, Butterfield Surveys, 620 W. Graham Avenue, stated Mr. Palmer is in agreement with the conditions, however Mr. Palmer did request the Council look at the parcel which will be split by the zone change. Mr. Porter reported that the City Council can not take any action on the parcel not included in the proposed zone change 82-2. Mr. Crowe asked that the original zone change be approved. Mayor Unsworth asked if anyone would like to speak in opposition to the zone change. No one asked to speak. The Public Hearing was closed at 8:36 p.m. I -- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 82-2, WITH THE ADDITION OF A SEVENTH CONDITION WHICH WOULD BE THE DEDICATION OF THE WATER RIGHTS ON THE PROPERTY AND THAT STAFF BE DIRECTED TO FAST-TRACT THE ZONE CHANGE ON PARCEL 10. - 33. Zone Change 82-3 - (Gateway Annexation) Mayor Unsworth announced that this was the time and place for a public hearing on Zone Change 82-3 - Gateway Annexation, located at the northeast of the intersection of 1-15 and Highway 74. Mr. Morrissey gave background information on the Zone Change 82-3 (Gateway Annexation) recommending conceptual approval subject to completion and certification of Environmental Impact Report and acceptance of the Planning Commission's report establishing the appropriateness of the annexation and zone change procedures. . Mr. Morrissey reported that there has been correspondence received on the annexation but not on the zone change. Mayor Unsworth opened the public hearing at 8:44 p.m. asking if anyone would like to speak in favor of the project. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the zone change. Everett Wood, 29421 Third Street, Lake Elsinore, stated he was. opposed to the annexation but was in favor of the zone change. Mr. Wood asked if the City Council rezones the area the same as the County, how long will it remain that same zoning. - Mr. Porter reported that the City Council can change the zoning on property by following procedures. This City Councilor any City Council can not bind itself to never change the zoning. When a zone change occurs, the city must notify the people being affected, public notices given and public input received. William Holland, 1880 Cambren Drive, is in favor of the zoning to remain as is and asked that he be notified of meetings of the Planning Commission and City Council in the future. 'li~1i Page five City Council Minutes August 10, 1982 PUBLIC HEARINGS Continued. 33. Zone Change 82-3 - (Gateway Annexation) Leone Miller 29610 First Street, stated she would like the zoning to remain as is. \.. Mr. Rede explained that most of the zone changes are at the request of property owners. The Public Hearing was closed at 8:56 p.m. Mr. Torn felt that there may be some potential zone changes in the area in order to meet with what the city feels are better development latitudes in the area. The City is looking at the commercial potential of the intersection,next to other commercial property located in the city, however does not intend to rezone any property where people are living. Any changes would benefit the people in the area. o-~ 1"'- l'- /-::l ~ o MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO GRANT CONCEPTUAL APPROVAL OF ZONE CHANGE 82-3, SUBJECT TO COMPLETION AND CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT; AND ACCEPTANCE OF THE PLANNING COMMISSION'S REPORT ESTABLISHING THE APPROPRIATENESS OF THE ANNEXATION AND ZONE CHANGE PROCEDURES. 34. Conditional Use Permit 82-5 (Alexander Wood) \.. Mr. Unsworth announced that this was the time and place for a public hearing on a Conditional Use Permit #82-5: Alexander Wood -- Recreational Vehicle Park, 32500 Riverside Drive. Mr. Morrissey gave background information on the Conditional Use Permit for Alexander Wood with the Planning Commission recommending approval subject to 19 conditions which include a finding of no significant impact upon the environment and issuance of a negative declaration. Mayor Unsworth opened the public hearing at 9:06 p.m. asking if anyone would like to speak in favor of the Conditional Use Permit. Mr. A1 Wood, 31173 Kansas, Lake Elsinore, submitted a rendering of the proposed park showing changes in the park since the last City Council Meeting. Mr. Wood asked the Council for approval of the Use Permit. The Public Hearing was closed at 9:12 p.m. Mr. Torn suggested an addittona1 condition that the applicant be required to install a low decorative wall similar in design to the wall begun by Butterfield Mobile Home Park. This wall should not take away from the viewing of the lake, but have some consistency as you drive down Riverside Drive. ~ Mr. Unsworth felt that the Council has allowed the Manager and the Own e r to h a v e chi 1 d r e n en roll e din 1 0 c a 1 s c h 001, w hen t n ey were located on the site. Mr. Unsworth would like condition #14 amended to allow this. Any boatlaunching need to be approved by the State Park and Recreation Department. Mr. Torn expressed concerns that the landscaping of the area behind the curbs where plants are shown be maintained by Mr. Wood. He would like to see some type of irrigation system established to ensure this. Ms. Valenzuela asked if the Pecan trees would remain on the site. Mr. Wood assured her they would remain. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 82-5, DELETING ITEMS TWO AND THREE, ADDING CONDITION #22 - THAT A BLOCK WALL SIMILAR TO THE ONE AT BUTTERFIELD MOBILE HOME PARK BE INSTALLED; AND CONDITION . :.G ij t1 Page six City Council Minutes August 10, 1982 PUBLIC HEARINGS Continued. 34. Conditional Use Permit 82-5 (Alexander Wood) - Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 82-5, DELETING ITEMS TWO AND THREE, ADDING CONDITION #22 - THAT AN AGREEMENT FOR A BLOCK WALL BE ENTERED INTO FOR A BLOCK WALL AT SUCH TIME THE RIGHT- OF-WAY IS DETERMINED ON RIVERSIDE DRIVE; CONDITION #23 - THAT A LIGHTING AND LANDSCAPING DISTRICT BE SUPERIMPOSED ON THE PROJECT; CONDITION #24 - THAT ALL BOATLAUNCHING FACILITY PERMITS BE OBTAINED FROM THE STATE AND THAT CONDITION #14 BE AMENDED TO INCLUDE THAT THERE BE EXCEPTION EXTENDED FOR THE CARETAKERS AND THE OWNER'S MOBILE HOMES ON THE SITE. - Discussion ensued regarding how school mitigation fees should be handled with the owners and the school district. The majority of the council felt that the school fees should be worked out between the owners and the school district. The owner should be notified that there is a potential cost if any children live on the site. COUNCIL RECESSED AT 9:28 P.M. COUNCIL RECONVENED AT 9:38 P.M. 35. Conditional Use Permit 82-6 (Donald A. Cook) Mayor Unsworth announced that this was the time and place for a public hearing on Conditional Use Permit 82-6: which is a request to establish a portable office trailer to see Ultralight equipment. The property is located Northwest of the intersection of Lucerne and Sylvester. Mr. Morrissey gave background information on the request for a Conditional Use Permit recommended denial without prejudice and that this item be reagendized for public hearing subsequent to having a City Council/Planning Commission joint study session. - Mayor Unsworth opened the public hearing at 9:44 p.m. asking if anyone would like to speak in favor of the project. Donald Cook, 16054 Grand Avenue, applicant for the project, stated he did get approval from the Planning Commission with conditions, and did not feel it was the Planning Commission's intent to continue this item until after September 14th. Ed Stenwell, Canyon Lake Hills, feels this business would be an asset to the community. Susan Zinda, Poppy Place, stated she felt Mr. Cook's business would be an asset to Lake Elsinore. Cindy Townsen, 16056 Grand Avenue spoke in favor of the conditional use permit. Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Use Permit. No one asked to speak. MOVED BY KNIGHT, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO CONTINUE THE CONDITIONAL USE PERMIT #82-6 WITHOUT PREJUDICE, AND REAGENDIZE FOR PUBLIC HEARING SUBSEQUENT TO HAVING A CITY COUNCIL/PLANNING COMMISSION JOINT STUDY SESSION AT THE SEPTEMBER 14TH CITY COUNCIL MEETING. - Mr. Cook stated that all he is asking for is a 20'x 10. trailer with a desk. Mr. Cook stated he felt his project was approved by the Planning Commission and that was all he needed. As a result he has leased a trailer. The City Council felt concerned that the Planning Commission tells applicants that thetr project has been approved, without telling them the final approval comes from the City Council. ~4~ Page seven City Council Minutes August 10, 1982 BUSINESS ITEMS \. 51. Commercial #82-3 - Norman Industries Mr. Morrissey gave background information on Commercial 82-3, recommending approval subject to 22 Planning Commission and 10 Design Review Board conditions of approval. Fred Crowe, Butterfield Surveys, representing the applicant, stated he would like to speak to the items listed in the staff recommendation and the paving of the parking lot. Mr. Crowe stated Mr. Brody would like to defer as many of the upfront expenses as possible under the request for the waiver Capital Improvement Program fees especially for the area under the 1265' which has been excluded in some instances from the fee s c h e d u 1 e s . Mr. C r owes u g g est e d that the fee s for the front area of the property be collected at the time the frontage is improved. For the same reasons, he would like to defer the sidewalk improvements. Mr. Brody would like to develop the street portion for the drive-in public and defer the sidewalks until the front portion is developed. Mr. Crowe stated the plot plan proposes parking behind the new proposed building and shelter from the public. Mr. Brody would like to be exempt from paving for the back parking area which will be used for employees only. There are 10 spaces in front of the building for visitors. ~ JO l'- i "":) o o Mr. Torn feels that properties within the lake perimeter road having commercial potential and in some cases industrial potential, (- the best place fOT the parking is within the flood plain. If the use is actually an agricultural type use then we allow the parking lot in the flood plain. \.. Mr. Torn has a concern about the parking not being done immediately because if the property is sold and there is a ch~nge in use, then there would be more of a demand for parking. Mr. Torn suggested that some type of an agreement be entered into a1eng with a Deed Notification. Mr. Morrissey reported that this would be taken care of through the business license process. An ordinance allows for a bond or an agreement be placed against the property for the improvements of the sidewalks and streets. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY THAT A FINDING THAT PARKING IS AN ACCEPTABLE USE BECAUSE OF ITS AGRICULTURAL USE BELOW THE 1265' AND THAT AN AGREEMENT FOR PARKING BE ENTERED INTO WITH THE APPLICANT AND THAT APPROPRIATE DUST CONTROL MEASURES BE INSTITUTED BY THE PLANNING DEPARTMENT; THAT WE COLLECT ONLY THOSE CAPITAL IMPROVEMENT FEES THAT ACTUALLY ARE RELEVANT TO THE PROJECT WHICH IS CURRENTLY BEING DEVELOPED; THAT WE EXECUTE THE AGREEMENT ON THE SIDEWALK WHICH WILL NOT BE INSTALLED NOW BUT THAT THE DRIVING WAY TO BE FULLY DEVELOPED AT THIS TIME. AND THE AGREEMENT BE ENTERED INTO FOR THE SIDEWALK TO BE INSTALLED AT A LATER DATE; AND CONDITION 16 BE AMENDED TO REFLECT SUBJECT TO APPROVAL BY THE PLANNING DIRECTOR. ~ Discussion was held on the type of trees to be located on the property with the representative of the applicant stating they had no objections to the type of trees. MOVED BY KNIGHT~ SECONDED BY TORN, AND CARRIED UNANIMOUSLY THAT THE ENTRANCE TO THE PROPERTY BE TREATED WITH THE SAME DUST CONTROL MEASURES AS THE PARKING AREA AT THE REAR OF THE BUILDING AND AN AGREEMENT BE ENTERED INTO FOR SUBSEQUENT PAVING. ~:JU Page eight City Council Minutes August 10, 1982 BUSINESS ITEMS - Continued. 52. Request for Business License - Antique Store Mr. .Rede recommended.approva1 of the Antique Business License with the stipu- 1atlon that merchandlse offered for sale be housed unless being transported. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO GRANT APPROVAL OF THE BUSINESS LICENSE FOR AN ANTIQUE STORE WITH THE STIPULATION THAT ALL THE MERCHANDISE OFFERED FOR SALE BE HOUSED UNLESS BEING TRANSPORTED. - 53. Citizen Request - Helen Shafer Dwayne Frazier gave background information on the request for waiver of building permit fees, school fees and installation of off-site improvements in conjunction with the rebuilding of Ms. Shafer's home which was damaged by a fire. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST THROUGH THE BUILDING DIRECTOR'S RECOMMENDATION WITH ITEM #2 BEING AN AGREEMENT TO BE SIGNED FOR THE INSTALLATION OF OFF-SITES. 54. Citizen Request - Mr. & Mrs. He1iodoro Solis Mr. Frazier gave background information on the request for issuance of a permit to upgrade substandard electrical and minor repair for rehabilitation purposes to 31095 Kansas Street. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO ISSUE PERMIT FOR UP-GRADING OF SUBSTANDARD ELECTRICAL AND MINOR REPAIR FOR REHABILITATION. 55. Adoption of County Ordinances for Gateway Annexation Area. Mr. Morrissey gave background information recommending the Council adopt the controlling ordinances which restrict the placement of five (5) existing County ordinances to the Gateway Annexation Area. Mr. Porter reported that the Council can hold off on the second reading of the ordinance until such time a Resolution can be adopted to allow ordinances to be posted and summaries published. .."" MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ ALL THE ORDINANCES BY TITLE ONLY. ORDINANCE NO. 642 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING CERTAIN ZONING STANDARDS FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 642. AYES: TORN, VALENZUELA, MAC MURRAY, KNIGHT, UNSWORTH NOES: NONE ABSENT: NONE - Ma.. Page nine City Council Minutes August 10, 1982 BUSINESS ITEMS - Continued. 55. Adoption of County Ordinances for Gateway Annexation Area ORDINANCE NO. 643 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.13 (A-l) LIGHT AGRICULTURE DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A LIGHT AGRICULTURE DISTRICT (A-1) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 643. \. ~ ~ ~ ''"''':) -, .-. o AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE ORDINANCE NO. 644 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.15 (R-R) RURAL-RESIDENTIAL DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR RURAL-RESIDENTIAL DISTRICT (R-R) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE JHE FIRST READING OP ORDINANCE NO. 644. \:. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE ORDINANCE AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.17, (R-R-O) RURAL RESIDENTIAL, OUTDOOR ADVERTISING DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A RURAL RESIDENTIAL, OUTDOOR ADVERTISING DISTRICT (R-R-O) ZONE FOR- USE ONLY ~JITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY VALENZUELA TO APPROVE THE FIRST READING. AYES: NOES: ABSENT: NONE KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE ORDINANCE NO. 645 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.18, (R-l-G) ONE-FAMILY DWELLINGS DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A ONE-FAMILY DWELLING DISTRICT (R-l-G) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 645. '-- AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 41a~ Page ten City Council Minutes August 10, 1982 BUSINESS ITEMS - Continued. 55. Adoption of County Ordinance for Gateway Annexation Area - Continued. ORDINANCE NO. 646 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.51, (C-P-S) SCENIC HIGHWAY COMMERCIAL DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A SCENIC HIGHWAY COMMERCIAL DISTRICT (C-P-S) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY TORN, SECONDED BY MAC MURRAY, AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 646. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE - ORDINANCE NO. 647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IMPLEMENTING THE SURFACE MINING AND RECLAMATION ACT OF 1975. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 647. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ... ORDINANCE NO. 648 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGULATING AND CONTROLLING THE LOCATION AND OPERATION OF HOG RANCHES AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR SUCH BUSINESSES WITHIN THE GATEWAY ANNEXATION AREA, AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 648. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADOPT A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT AND ISSUANCE OF A NEGATIVE DECLARATION. Council concurred that the ordinance regarding the billboards was not approved because it was not the same as the County Ordinance. The ... Council has told the people in the annexation area that the ordinance would remain the same. ~"o.J -,,-~ . Page eleven City Council Minutes August 10, 1982 BUSINESS ITEMS - Continued 56. Street Lights in Tract #11939 John Stevens gave background information on the street lights located in Tract #11939 which was not developed. Mr. Torn felt that not all the lights in the tract need to be energized, as they do not provide any benefit to the city or the community. Council concurred to continue this item until the City Attorney can bring back some information on staff de-energizing the lights. 57. Animal Control Ordinance - Second Reading MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ~ r-- ~ I"':) Cl o ORDINANCE NO. 641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ,REPEALING ORDINANCES 396, 489, 537, 580 AND 589 AND LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.04 AND PROVIDING FOR LICENSING OF DOGS AND IMPOUNDING OF ANIMALS: REGULATING THE KEEPING AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS: PROVI~ING FOR THE CONTROL AND SUPPRESSION OF RABIES: CONCERNING THE DUTIES OF THE ANIMAL CONTROL OFFICER. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE SECDND READING. Ms. Valenzuela suggested that an area be included in the ordinance relative to the keeping of gu~ijd dogs on private property. Mr. P 0 r t e r s tat e d hew 0 u 1 d nee d to i n c 1 u d e a d e f In it ion 0 f Guard Dog and suggested placing ~n ordinance on ~ future agenda amending the above ordinance. 58. Animal Control Resolution - Setting Fees MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION. RESOLUTION NO. 82- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA SETTING FEES FOR ANIMAL CONTROL ACTIVITIES PURSUANT TO LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.04. Council adjourned to the Redevelopment Agency at 11:35 p.m. ! Council reconvened at 12:45 p.m. REPORTS AND RECOMMENDATIONS Discussion was led on the General Plan and the Board of Realtors interest in providing some type of input on the Plan. The City Manager and Planning Director will work with the Board of Realtors in receiving their input. Discussion was held on the public safety fees, which will be placed on a future City Council Agenda. J:ia~ Page twelve City Council Minutes August 10, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Torn reported the Board of Realtors asked for a continuance on the General Plan so that the City Manager can address the people and receive their input. Mr. Knight asked what the status was on the crossing at Heald Street and Pottery and if any action will be taken. Mr. Rede reported they are on a priority list and the Public Works Department is aware of the situation and will report back. Mr. Rede addressed the removal of the tracks on Graham Street stating we have the authority to proceed with the removal if we desire to do so at our own expense. Mr. Rede felt it would be more feasible to remove all the tracks at once. - Mr. Briggs asked if any oil could be put on Campus Way. Mr. Stevens reported the City does not have the equipment to put oil down on the streets. Council was concerned about the trash being dumped on Frontier Street. Mr. Rede stated he will coordinate with the Highway Patrol and the Sheriff to have some type of enforcement in the area. Mr. Unsworth recommended the City post "No Littering" signs along the road with enforcement to come from the City Code Enforcement Officer and County Sheriff. Mr. Rede reported on the Spring Street Dedication stating that he has been in contact with Mr. Barenfeld and an appraiser on the property. An Appraiser has estimated the property to be approximately $150,000, because a portion of the property is in the flood plain. Council concurred to authorize staff to proceed to the limit of the law. Mr. Rede reported that he will be on vacation from September 15th through September 22, 1982. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO APPROVE THE CITY MANAGER'S VACATION. ~ Mr. Unsworth stated there is a new type of aircraft used for skydiving which is very annoying to a large number of the residents and the last flight of the day is at 7:15 p.m. Mr. Porter stated he is looking into an ordinance which is related to this. Mr. Porter will report back. Mr. Unsworth also reported that the ultralights are now starting to fly at night. Mr. Rede stated he has referred the complaints to the F.A.A. COUNCIL ADJOURNED TO CLOSED SESSION FOR PURPOSES OF LITIGATION AT 1 :09 A.M. COUNCIL RECONVENED AT 1:24 A.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN AT 1:25A.M. - ATTEST: ~d'/~#~J DE ORAH A. HA RIN T N, CITY LERK MiJ'-' -.7-:' .. CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING MONDAY, AUGUST 16, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C~,~~RDER <~ftrM e e tin g of the City Council was called to order by Mayor Unsworth at 7:00 p.m. ~ ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE ~ t-- l"'" '-:) o o Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington and Planning Director Morrissey. BUSINESS ITEMS 1. Street Lights Mr. Rede reported that staff has been having meetings with Mr. Barnes and Mr. Wayne Clement. Tentative Agreement has been reached on implementing the bid award. Staff recommends that Council direct staff to enforce the terms of the bid award in such a manner to have the minimum number of light standards removed and still comply with the contract. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO AUTHORIZE STAFF TO ENFORCE THE TERMS OF THE BID AWARD WITH THE MINIMUM NUMBER OF LIGHT STANDARDS TO BE REMOVED. Mr. Knight asked if city right-of-way has been verified where the street lights have been removed. Mr. Rede stated the right- of-way had been verified. Mr. Rede stated he has had discussions with Mr. Clement regarding establishing an assessment district for those property owners who would want to keep the lights. Mr. Rede stated the Council may consider calling for additional bids for.those 1 ights in the area which are serious hazards or nuisances that may be removed. 2. Council Travel Policy Mr. Rede stated the,City's travel policy has been developed on an informal basis and over the years it has been applied on a uniform basis. With new councilmembers and staff, Mr. Rede recommends the City conduct an official review and if necessary update the travel policy. r- MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO HAVE STAFF CONDUCT AN OFFICIAL REVIEW OF THE CURRENT CITY COUNCIL TRAVEL POLICY. 3. Dance Permit - Sun West Produ~tions Mr. ~ede reported that staff has been approached by members of Sun West Productionsfor a Dance Permit to hold a dance at the Lake Community Center on August 13, 1982. Staff had inadvertently issued a business license and dance license and upon that fact, Sun West Productions printed and sold tickets to the dance. Staff recommends approval of the dance license to Sun West Pro- ductions. MOVED BY KNIGHT, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO APPROVE THE ISSUANCE OF THE DANCE LICENSE AND BUSINESS LICENSE TO SUN WEST PRODUCTIONS TO HOLD A DANCE AT THE LAKE COMMUNITY CENTER ON AUGUST 13, 1982. -"an Page two Special City Council Minutes August 16, 1982 BUSINESS ITEMS - Continued. 3. Dance Permit - Sun West Productions Mr. Knight asked if the electrical work will be finished by the time of the dance. Mr. Rede stated that there is adequate lighting in the facility. Mr. Knight also questioned the estimated number of people to attend the concert, which is 600 people. Mr. Knight was concerned if more than 600 people showed up and, what provisions have been made. - Mr. Rede stated it might be possible that more than 600 people may come to the conce~t. Staff does not have a history of the number of people which may come to a concert at the community center. The Sheriff's Depart- ment is comfortable with the number of people the applicant estimates will attend the concert. Mr. Unsworth stated there is an occupancy limit on the facility, who will enforce this limit. Mr. Rede stated there will be city staff at the facility that night. Mr. Unsworth asked that the occupancy limit be posted. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 7:12 P.M. jJ~ J;; Z~ret: J N G. UNSWORTH, MAYOR C TY OF LAKE ELSINORE ..... ATTEST: ~~~~~ -- l. r-' 2. 3. 4. 5. ,- OJ t-e t-- I"'":) ~ o J;a , -.7"': . CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, ,AUGUST 24,1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:35 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Torn. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Potter, City Clerk Harrington, Planning Director Morrissey, City Engineer/Public Works Director Stevens, Finance Director Ronnow, Building Director Frazier and Administrative Assistant Steel. PRESENTATIONS/PROCLAMATIONS Frank DePasquale presented the City Council and Community with the City Flag signed by Jerry Brown, Governor of the State of California. Jerry Brown had previously signed the flag as Secretary of State, however his signature had faded with time. The City Council adjourned at 7:40 to the Redevelopment Agency Meeting. The City Council reconvened at 8:35 p.m. .,!,',. f Mayor Unsworth announced that there are still vacancies on the City Boards and Committees. The newspapers have been very helpful in calling attention to those vacancies for the past 3 to 4 months and reminded everyone that applications are still being taken for the boards and committees. The following committees and boards have vacancies: 1. Public Safety Committee 2. Historical Preservation Committee 3. Mayor's Citizen Advisory Committee 4. Park Advisory Committee 5. Housing Advisory and Appeals Board CONSENT CALENDAR The following items were removed from the Consent Calendar for discussion: 2, 3 and 8. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE: CONSENT CALENDAR. Minutes - July 27, 1982 - Approved as presented. ~ Parking Landscaping Area for 16676 Joy Street - Thee Embers. This item was removed from the Consent Calendar. Claim - Nanette Cohn - This item was removed from the Consent Calendar. Code Enforcement Officer Monthly Report - July, 1982 - Accepted as an informational item. Building Department Activity Report - July, 1982 - Accepted as an informational item. J ~~tj Page two-~~'" City Council Minutes August 24, 1982 CONSENT CALENDAR Continued. 6. D~-ener~izing Noness~ntia1 Stree~ Lights - Council delegated dlscretlo~ary authorlt~ to the Clty Manager, or his designee, to authorlze nonessentlal street lights to be de-energized. 7. Video Barn Request for Business License - Council authorized issuance of the business license with the following conditions: 1. No Adult-cassettes movies to be shown at business address and rental of Adult-cassettes to persons 21 years of age __ or older only; 2. Other conditions as may be ~mposed by the City Council. 8. Roberti-Z'berg Recreation Program Application - This item was removed from the Consent Calendar for further discussion. 9. Community Center Fees, Procedures & Regulations A. Resolution establishing Rates & User Fees for Center - Approved. RESOLUT ION NO. 82 - 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REPEALING RESOLUTION NO. 81- 76 AND ESTABLISHING RATES AND USER FEES FOR THE LAKE COMMUNITY CENTER. B. Resolution establishing Rules, Regulations, Policies and Procedures governing the Lake Community Center - Approved.- RES 0 L UTI 0 N NO. 8 2 - 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REPEALING RESOLUTION NO. 81-75 AND ESTABLISHING RULES, REGULATIONS, POLICIES AND PROCEDURES GOVERNING THE USE OF THE LAKE COMMUNITY CENTER. ITEMS REMOVED FROM THE CONSENT CALENDAR -- 2. Parking Landscaping Area for 16676 Joy Street - Thee Embers. Mr. Torn reported the original recommendation by the Planning Commission was to find that the exterior landscaping met the criteria for the interior landscaping and the Planning Commission recommended that the 10' x 20' interior landscaping be deleted from the approval. Mr. Torn felt that the landscape ordinance should be maintained. MOVED BY TORN, SECONDED BY KNIGHT, TO APPROVE THE ORIGINAL RECOMMENDATION OF THE PLANNING COMMISSION THAT THE COUNCIL DETERMINE THE 10'x20' INTERIOR LANDSCAPING AREA AS NECESSARY AND STAFF TO CLARIFY THE DEFINITION OF INTERIOR LANDSCAPING. Mr. Torn stated he has driven through the area and finds that there is no hazard inh~ving a lO'x20' landscaping area and due to the aesthetics of the building it is justified. .. Mr. Knight did not feel that having a 10'x20' island of landscaping in the parking lot would be appropriate. Mr. Torn stated he waul d not ha ve any object ions to the 10' x20' is 1 and of landscaping being removed as long as it is relocated on the property. ..... MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO AMEND HIS MOTION TO INDICATE THAT THEY WILL WORK WITH STAFF TO PROVIDE FOR AN EQUIVALENT LANDSCAPE AREA EQUIVALENT TO THE 10'x20' SQUARE FEET AND PAVE THE ISLAND OF LANDSCAPING. - , CfJ l"- I:"- '~ ~ o \: ~ \... ~a~ -..:-:' ~. Page three City Council Minutes August 24, 1982 ITEMS REMOVED FROM THE CONSENT CALENDAR - Continued. 2. Parking Landscaping Area for 16676 Joy Street - Thee Embers. Hilda Barnhart, Planning Commissioner stated that the Planning Commission felt the 10'x20' landscape area was not necessary for the size of the parking lot. 3. Claim - Nanette Cohn Mr. Porter explained that the property involved in the claim is located at 202 North Riley Street which was damaged in the flooding~ there was also further damage when the channel was dug out. Mrs. Cohn had a deed of trust on the property and feels because of the flood damage that her security in the property has been damaged. Mrs. Cohn .has filed a claim against the city in the amount of $100,000. Mr. Porter recommended the Council reject the claim and refer it to the attorney's office. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO REJECT THE CLAIM AND REFeR IT TO THE ATTORNEY. 8. Roberti-Z'berg Recreation Program Application Mr. Rede reported the City recently learned that funds were available under the Roberti-Z'berg Act for park improvements. The applications need to be sent by October 1, 1982. Last year the city prepared applications for tennis court improve- ments around the community center and also recently staff has become aware that the funds which were budgeted for the Swick Field Improvements were not adequate. Mr. Rede recommended the City Council authorize staff to file the application for the Swick Field and Tennis Courts under the Roberti-Z'berg Urban Open Space and Recreation Program. MOVED BY VALENZUELA, SECONDHl'lBY MACMURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO FILE GRANT APPLICATIONS FOR SWICK FIELD AND TENNIS COURT IMPROVEMENTS. COUNCILMAN TORN WAS ABSENT FROM VOTING. PUBLIC HEARINGS 31. Master Street Alignment for Quail Drive and Zone Change #82-1 Mr. Morrissey gave background information on the Master Street Alignment for Quail Drive and Zone Change #82-1 based on a report to the City Council dated August 17, 1982. The Planning Commission recommends adoption of the master street alignment for Quail Drive with seven (7) conditions of approval. Mayor Unsworth opened the public hearing at 8:52 p.m. asking those in favor of the project to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the project. No one asked to speak. Mayor Unsworthclose~ the public hearing at 8:53 p.m. Mr. Knight asked staff why they recommend Plan 2-A over 2-B. Mr. Morrissey reported that initially sta,ff wanted to buffer the com mer cia 1 wit h the yo e s i d- e n t i a 1. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE MASTER STREET ALIGNMENT FOR QUAIL DRIVE WITH PLAN 2-A WITH SEVEN (7) CONDITIONS OF APPROVAL. . ~fjU Page four City Council Minutes August 24, 1983 BUSINESS ITEMS 51. Request for Waiver of Capital Improvement Fund Fees and Ordinance No. 572 Procedures: Roadrunner R.V. Park Mr. Morrissey gave background information on the request of Mr. Wood. Mr. Morrissey reviewed the proposed payment schedule stating that the staff does not know whether or not Mr. Wood paid the original fees. Mr. Torn asked the last recommendation by staff be changed to reflect de- ferral of street improvement construction provisions for Riverside Drive until initiated by the City. Mr. Frazier reported that other property owners along Riverside Drive have been tied into agreements. pending approval of the street improvement plans by Caltrans. -- Moved by torn, seconded by Knight to approve Staff recommendation with a change reflecting deferral of street improvement construction provisions for Riverside Drive until requested by the City of Lake Elsinore. Motion failed to pass. Mr. Wood stated he was not in favor of staff recommendation. Al Wood, 31173 Kansas Street, Applicant, stated he is obligated to pay permit in the amount of $5,000 and is asking that the Capital Improvement Fees be waived. Mr. Wood stated he is a flood victim, and if it had not been for the flood he would still be in bu~iness. Mr. Wood is proposing a 102 space park which was the same amount of spaces before the flood. Ms. Valenzuela recommended withholding the applicant's requirement to pay capital improvement fees until his business has been re-established. Mr. Wood stated he did not have a problem with the storm water running through his property. Mr. Wood reported that Select Nursery and himself have come to an agreement that Select Nursery would take care of all the nuisance water that may run through his property. '-' MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE CAPITAL IMPROVEMENT FUND FEES BE WAIVED, FOR ALL ITEMS EXCEPT SEWER AND THAT PERMITS BE COLLECTED WITH THE JUSTIFICATION OF THE COUNCIL BEING THAT MR. WOOD IS ONLY REBUILDING FLOOD DAMAGED PROPERTY AND APPROVE AN EXTENSION OF TIME FOR SIXTY (60) DAYS FOR SUBMITTAL OF STREET IMPROVEMENT PLANS AND OTHER REQUIREMENTS OF ORDINANCE NO. 572, AND DEFERRAL OF STREET IMPROVEMENT CONSTRUCTION PROVISIONS FOR RIVERSIDE DRIVE UNTIL INITIATED BY THE CITY OF LAKE ELSINORE, AND THAT MR. WOOD SIGN AN AGREEMENT FOR STREET IMPROVEMENTS ON RIVERSIDE DRIVE. 52. Gateway Annexation A. R-R-O (Rural Residential, Outdoor Advertising) District Mr. Morrissey gave background information on the need for the ordinance recommending approval of the ordinance and adopt a finding of no significant impact upon the environment, issuance of a nega- tive declaration, and direct staff to prepare a revised sign ordinance restricting construction of billboards along Highway 74. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 649 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.17, (R-R-O) RURAL RESIDENTIAL, OUTDOOR ADVERTISING DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A RURAL RESIDENTIAL, OUTDOOR ADVERTISING DISTRICT (R-R-O) ZONE FOR USE ONLY WITHIN THE AREA DESIG- NATED AS THE GATEWAY ANNEXATION AREA. -- ,- ....... ~ ('of t-.. '-;:) ~ o \.: ~\Jl Page five City Council Minutes August 24, 1982 -...:- BUSINESS ITEt~S Continued. 52. Gateway Annexation - Continued. A. R-R-O (Rural Residential, Outdoor Advertising) District - Cont1d. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 649, ADOPT A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT, ISSUANCE OF A NEGATIVE DECLARATION, AND DIRECT STAFF TO PREPARE A REVISED SIGN ORDINANCE RESTRICTING CONSTRUCTION OF BILLBOARDS ALONG HIGHWAY 74. B . Zone Change #82-3 Mr. Morrissey gave background information on the Zone Change #82-3 recommending the City Council certify the final EIR for Zone Change #82-3 and the Gateway Annexation and issue a Notice of Determination which is to be filed with the County Recorder. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CERTIFY THE FINAL EIR FOR ZONE CHANGE #82-3 AND THE GATEWAY ANNEXATION: AND ISSUANCE OF A NOTICE OF DETERMINATION TO BE FILED WITH THE COUNTY RECORDER AND APPROVAL OF THE ACTIVITY LIST. 53. Ordinance Restricting Unlawful Burning of Materials - 1st Reading. Mr. Frazier gave backgroun~informatidn on the ordinance based on a staff report dated August 18, 1982. Mr. Frazief stated this ordinance will give more control on the perimeter of the 1 a ke. Discussion was held on the urgency of the ordinance due to the Labor Day Weekend and the number of incidental campers anticipated on the lake perimeter. Mr. Porter stated he could make this an urgency ordinance, however, needsadditiona1 time to prepare the necessary wording. COUNCIL RECESSED AT 9:29 P.M. COUNCIL RECONVENED AT 9:40 P.M. Council concurred to go to item #54 to allow the City Attorney additional time to prepare the urgency ordinance restricting unlawful burning of materials. 54. Ordinance Pertaining to Planned Unit Development - 1st Reading Mr. Morrissey gave background information based on a report to the City Council dated August 10, 1982, recommending adoption of the ordinance and filing of the necessary environmental findings. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO READ r- BY TITLE ONLY. '-- ORDINANCE NO. 652 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.37, PLANNED UNIT DEVEL- OPMENT OVERLAY DISTRIC1, TO THE LAKE ELSINORE MUNICIPAL CODE, ESTABLISHING GUIDELINES AND REVIEW CRITERIA FOR PLANNED UNIT DEVELOPMENT PROPOSALS. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF THE ORDINANCE AND ADOPT A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT AND ISSUANCE OF A NEGATIVE DECLARATION. !~O~ ~ ! ~ ~. I"' ; , ~ ~ ~ ~ ~ ~ Page six City Council Minutes August 24, 1982 .......~--:..i. BUSINESS ITEMS - Continued. 54. Ordinance Pertaining to Planning Unit Development - 1st Reading. Roll Call Vote on Motion: AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE Council concurred to return to Item #53. ...." 53. Ordinance Restricting Unlawful Burning of Materials - 1st Reading. Mr. Porter presented copies of the proposed urgency ordinance to the Council stating it would have to be read in full with a 4/5ths vote being required for adoption. MOVED BY TORN, SECONDED BY VALENZUELA TO HAVE THE ORDINANCE READ IN ITS ENTIRETY. The City Clerk read the ordinance in its entirety, however only the title is shown below. ORDINANCE NO. 650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING SECTION TWO OF ORDINANCE 355 AND LAKE ELSINORE MUNICIPAL CODE SECTION 8.20.020 CONCERNING THE BURNING OF COMBUSTIBLE OR FLAMMABLE MATERIALS AND DECLARING THE ORDINANCE TO BE AN URGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY. MOVED BY TORN, SECONDED BY VALENZUELA TO ADOPT URGENCY ORDINANCE NO. 650. ... AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE Mr. Knight asked if this ordinance precludes people from using rolled up newspapers in fireplaces. Mr. Porter stated that this ordinance is mainly directed towards outdoor fires. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READING THE FOLLOWING ORDINANCE BY TITLE ONLY. ORDINANCE NO. 651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING SECTION TWO OF ORDINANCE 355 AND LAKE ELSINORE MUNICIPAL CODE SECTION 8.20.020 CONCERNING THE BURNING OF COM- BUSTIBLE OR FLAMMABLE MATERIALS. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 651. , 1 I ... AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE .- \, ~ l"- ~ ~ ~ o '" -- '-- ~b\) -........-:-"'; j.. Page seven City Council Minutes August 24, 1982 BUSINESS ITEMS - Continued. 55. Ordinance - Zone Change #82-4 - 1st Reading. Mr. Morrissey gave background information on the Zone Change #82-4 recommending adoption of the Ordinance. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY) TO R (RECREATION). MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 653. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 56. Resolution - Alternatives to Publishing Entire Ordinances Mr. Porter reported that since the city does not have a newspaper which is printed and published in the City, the Government Code allows the City a couple of alternatives: 1) that the ordinances may be posted in at least three public places within the corporate:limits of the city or 2) the City may publish summaries of proposed and adopted ordinances. Mr. Porter recommended the ordinances be posted at City Hall in the City Clerk's Office, Lake Community Center and the Library. Mr. Torn stated he was not comfortable with saying the paper is not printed and published in the City. Mr. Porter stated in light of this fact he would need to change some of the wording in the Resolution. Council concurred to take up the next item in order to allow the City Attorney the additional time to make the necessary changes. 57. Ordinance - Specific District Mr. Morrissey gave background information on the proposed ordinance recommending the Council adopt the Specific Plan District Ordinance subject to review and approval of the City Attorney, and adopt a finding of no significant impact upon the environment and issuance of a negative declaration. Mr. Strozier, reviewed the proposed ordinance section by section answering any questions of the city council. MOVED BY TORN, SECONDED BY VALENZUE~A, AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING A SPECIFIC PLAN DISTRICT DELINEATING REVIEW AND PROCESSING PROCEDURES FOR DIVERSIFIED LAND USE PROJECTS. ;264- f:~ ~ f :' ~ ~ i Page eight City Council Minutes August 24, 1982 .....~"".i BUSINESS ITEMS Continued. 57. Ordinance - Specific Plan District Mr. Knight asked that page four of the ordinance, line 24, "where feasible" be deleted from the ordinance. Mr. Knight would like to have all the electrical and utilities underground. Mr. Stozier stated that there are certain types of electrical equipment that can not be placed underground. Mr. Porter recommended the following wording included in S e c t ion H: ~I s h all be p 1 ace dun d erg r 0 u n dun 1 e s sot her w i s e permitted by the City Council". Council concurred to include the City Attorney's amended language into the ordinance. ,.... MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 654. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE Council concurred to return to Item #56. 56. Resolution - Alternatives to Publishing Entire Ordinances - Continued. Mr. Porter reported that this resolution will provide for summaries of ordinances to be published. The resolution provides for the City Clerk to prepare ordinance~ or another official designed by the City Council. The City Council may direct that a specific Ordinance be published in its entirety. The procedure in the case of a normal ordinance ~ is that- five (5)- days. prioyt to the second reading, the summary of the proposed ordinance be published in the newspaper. Then within fifteen days after the adoption of the ordinance the same summary is published. In most cases, the title will be the summary, with little additional work involved. The code also provides that if the ordinance is complicated and the summary does not give an adequate idea of the ordinance, the city can purchase a quarter-page advertisement explaining why it is too hard to summarize, give some details and invite the public to come into city hall to review the ordinance. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADOPT THE RESOLUTION. RESOLUTION NO. 82-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA PROVIDING FOR THE PUBLISHING OF ORDINANCE SUMMARIES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 29633 (c). 58. Bids for Swick Park Improvements Mr. Stevens gave background information on the bids for the Swick Park Improvements recommending the City Council reject all bids received for the Swick Park and authorize the City Clerk to re-advertise the Notice Inviting Bids for an adjusted scope of work. ... MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO REJECT ALL BIDS AND AUTHORIZE THE CITY CLERK TO RE-ADVERTISE THE NOTICE INVITING BIDS FOR AN ADJUSTED SCOPE OF WORK. 265 Paoe nine City Council Minutes August 24, 1982 -.,....:"': i BUSINESS ITEMS - Continued. 59. Animal Control Ordinance - Sentry Dogs Mr. Porter reported that when the latest animal control ordinance was adopted, a provision was not included to cover guard or sentry dogs. The proposed ordinance requires that signs be posted where sentry dogs are located. - '- MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE Nfr. 655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 641 AND LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.06 CONCERNING CONTROL OF DOGS AND REQUIRING POSTING OF PRESENCE OF SENTRY DOGS. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 655. ~ r-- t-- 1-;) ~ o AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE OFF-AGENDA ITEM 60. Addendum to Specifications for Hand Held Radios and Base Station Relocation. '. Mr. Frazier gave background on the need for the addendum to the specifications for the hand held radios. Mr. Frazier recommended approval of the addendum to include Supervisory/ Master Control Remote Unit for City Hall and Remote Unit for the City Yard. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE ADDENDUM TO THE SPECIFICATIONS FOR HAND HELD RADIOS AND BASE .STATION RELOCATION. '- 61. City Yard Security Fencing Mr. Stevens reported there have been break-ins at the City Yard and asked the Council to authorize an Emergency Bid Process for security fencing at the City Yard. Mr. Porter stated he would feel more comfortable with the formal bid process on the fencing of the city yard. Mr, Porter asked the Council if he could speak to this matter in Closed Session. ~ PUBLIC COMMENTS Johnny Pearson, representing the people in Country Club Heights, -- presented a petition from people in Country Club Heights and other areas of the city regarding the Street Light Standards,asked the Council to cease removal of all old original light standards in '- Country Club Heights. The petition called for all the light standards that have already been removed by MBC Constructors to be returned to the City for the purpose of being re-installed in their original places. Mr. Pearson stated he has a resolution from the Lake Elsinore Valley Historical Society stating its opposition to the removal of any and all light standards. ~2 (j 6 ~.~ ~ , I 1 ! I I ~ ~ f' C r' ~ I " r r! ~ " ~ ~ ........-.-:-.. .. Page ten City Council Minutes August 24, 1982 PUBLIC COMMENTS - Continued. Wayne Clement, resident in Country Club Heights, stated he is a member of the Historical Society and would like all removal of the street lights stop Tom Byrd, 16908 Grand Avenue, asked what the city is doing on the flood control ditches. Mr. Rede reported that the City is in the process of appralslng the property in order to get 20 feet of right-of-way to use to get into the channel to clean and maintain the channel. Mr. Rede indicated that the Army Corps of Engineers may complete their study report on the channel sometime in 1983. The Army Corps of Engineers plans at sometime in the future to develop a flood control channel~ At this time the city is mainly interested in maintaining the channel and keeping it free from rubbish and mosquitos. Diane Kelly expressed her cOncern on the street lights and asked that the removed street lights be returned. Lee Allen expressed concern about the water situation, and the health of the people in Lake Elsinore because of the poor water. Charlotte Bredlau, 17912 Skyline Drive, Lake Elsinore, stated her objections to the removals of the street lights. Ms. Bredlau stated her intentions to submit a,:claim to the city and future plans to file a class action suit against the city. Bill Turner, Lake Elsinore, stated he has a wired street light and does not want it removed. ~ E u g e n e Car t e r, La k eEl sin 0 r e , ask e d w hat has hap pen e d tot here cor d s on the street lights. '-.. REPORTS AND RECOMMENDATIGNS Mr. Morrissey reported that he has met with the Board of Realtors on the General Plan and would like to meet again on the other elements to the General Plan. Mr. Morrissey also reported that information has been compiled into a report on the lake bottom for a future City Council Study Session. Ms. Valenzuela reported that the curb has been painted in front of the Post Office ,for people dropping off mai1-, however, the curb in front of the First Trust Bank has not been painted. Mr. Knight stated that the Tilley Agreement was to have been checked into by the City Attorney some time ago~ Mr. Knight wanted to know if anything had come out of it. Mr. Porter stated that there have been a couple of opinion letters written on the matter. The Tilley agreement has two clauses: . 1) We have the right to maintain the outflow channel (but it does not state we have the duty); 2) The City is prohibited from doing anything that would affect the surface level of the lake. Mr. Porter stated that E.V.M.W.D. has interpreted this clause as to not be in effect during emergencies such as the 1980 flood. Mh. Porter stated he would look into the matter further. ... Mr. Knight asked if there was a reason why the street signal has not been installed at Railroad Canyon and Mission Trail, other than the fact we are waiting for the traffic control part. Mr. Stevens stated the signJal could be installed without:ithe triggering d e v ice and uti 1 i z e pol.e s w h i c h are put u pun d era fix e d s i g n a 1 s y s t em. Mr. Unsworth asked the City Manager or City Attorney to check the validity of the city's proposed Historical Preservation Committee, a couple of months ago, and now there is a self-appointed Historical Committee which does not contain all the citizens in the city. ~ f-. I:"- 1-:> o o - ,-- 267' Page eleven City Council Minutes August 24, 1982 CLOSED SESS ION Council adjourned into Closed Session at 11:18 to discuss matters pertaining to 1 itigation. Council reconvened at 11:57 p.m. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER BE AUTHORIZED TO GO TO BID FOR THE FENCING AT THE CITY YARD. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 11:58 P.M. ~ Ai. 'U'VL4(,v-<-~-ll_ JO G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ~ifr.~~~ \26R I ! ~ I':, -"",,:,,,:: 'l"-,i CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 14, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ CALL TO ORDER ~~ i>~~ ~ , ::~,~ ' ... i~ I R .. The regular meeting of the City Council was called to order at 7:33 p.m. by Mayor Unsworth. - PLEDGE OF ALLEGIANCE - The Pledge of Allegiance to the Flag was led by Councilman Knight. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, Interim Public Works Director/City Engineer Stevens, Finance Director Ronnow and Administrative Assistant Steel. INTRODUCTION OF NEW PUBLIC WORKS DIRECTOR/CITY ENGINEER Mr. Rede introduced Mr. Norman Rubel as the new Public Works Director/" City Engineer. Mr. Rubel is a graduate from U. C. Berkeley and is pre- sently working on his Master's Degree in Public Administration. Mr. Rubel will assume his duties on Monday, September 20, 1982. CONSENT CALENDAR -- The following items were removed from the consent calendar for further discussion: Items 6 and 7. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. AYES: COUNCILMEMBERS: NOES: .COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 1. Minutes: A. August 10, 1982 - Regular Meeting - Approved as Presented. B. August 16, 1982 - Special Meeting - Approved as Presented. B. August 24, 1982 - Regular Meeting - Approved as Presented. 2. Code Enforcement Officer Monthly Report - August, 1982 - Accepted as an informational item. 3. Animal Control Monthly Report - August, 1982 - Accepted as an informational item. 4. fire Safety/Housing Inspector's Monthly Report - August, 1982 Accepted as an informational item. 5. Warrant List - Approved warrant-numbers 16791 through 16940 in the amount of $203,504.23 for the month of August, 1982. 6. Request for Permit below 1270' M.S.L. - Salvador B. Valdez - This item was removed from the Consent Calendar for further discussion. ..., 7. Application for Business License - Antique Store, 107 East Graham Avenue - Wade Hampton - Removed from Consent Calendar for further discussion. 269 Page two City Council Minutes September 14, 1982 CONSENT CALENDAR - Continued. 8. Change Order No. 1 - Heald Avenue Sewer - Council authorized and approved Change Order No. 1 to the Heald Avenue Sewer Project in the amount of $2,280.00 for replacement of a 6 inch sewer line to be tied into the new manhole. 9. Authorization for Street Light at City Yard - City Council authorized the Southern California Edison Company to install a street light on the east side of Langstaff Street immediately adjacent to the City Yard. 10. Hand-Held Radios and Base Station Relocation Bids - Awarded bid to Motorola , Inc. for six (6) two channel, VHF frequencies installed and relocation of base station to include two (2) additional remote units with two (2) frequencies installed, one at City Hall for master control and one at City Yard. Amount of contract is in the amount of $5,050.89. 11. Resolution Adopting Annexation No. 26 - Adopted. ~ RESOLUTION NO. 82-62 I!; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ~ RIVERSIDE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN ~ TERRITORY KNOWN AS ANNEXATION NO. 26 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE WITHOUT HEARING OR ELECTION AND CITING REASONS AND AUTHORITY THEREFOR. 12. Traffic Controls on Park Way - City Council directed the City Attorney to prepare a traffic resolution to provide one-way traffic, east bound, between High Street and Avenue 1 on the alley lying between Lakeshore Drive and Lake Street. ~ ITEMS REMOVED FROM THE CONSENT CALENDAR 6. Request for Permit below 1270' M.S.L. - Salvador B. Valdez Mr. Carter asked for additional information as to the location of the request and whether or not it was an existing building. Staff reported the request is for an upgrading of an existing building located at 31067 Kansas Street. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST. 7. Application for Business License - Antique Store - 107 East Graham Avenue - Wade Hampton Mr. Unsworth asked if there was a difference between antique and early good will. Mr. Unsworth also expressed a desire for staff to ask Mr. Hampton to help advise staff on this subject when new businesses come into town. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BUSINESS LICENSE REQUEST. PUBLIC HEARINGS ..... 31. Zone Change No. 82-5 - Butterfield Equities Mayor Unsworth announced that this was the time and place for a public hearing on Zone Change No. 82-5 for Butterfield Equities for 1600 acres East of Highway 74, North of 1-15. r270 .......:---: i. Page three City Council Minutes September 14, 1982 PUBLIC HEARINGS Continued. 31. Zone Change #82-5 - Butterfield Equities Continueq. Mr. Morrissey gave background information on the Zone Change request - identifying the property on maps provided for the Council. The Planning Commission reviewed the request to rezone 800 acres in the City from R-l (Single-Family) ,to SP (Specific Plan) and pre-zon~ 842 acres presently in the County to SP and R-R (Rural-Residential). The rezoning was requested .... to obtain specific plan zoning for their present property holdings and meet the pre-zoning requirements of the Local Agency Formation Commission (LAfCo) for the Ramsgate Annexation request. Staff expressed concerns about the applicant's request for increased density from 2 units to 2.5 units per acre. Mr. Morrissey stated it is the Planning Commission's recommenda- tion for approval of the Zone Change subject to 7 conditions. Mr. Unsworth asked the applicants if they would give a presentation as. to what the applicants are actually proposing. Gary Wayne, 30650 Bridden Street, Lake Elsinore, Project Manager for Ramsgate, introduced Van Stephens, of Hogan, Roy and Stephens, who would be giving the actual presentation. Van Stephens, Hogan, Roy and Stephens gave a brief explanation of the project stating he feels it will be an addition to the residence in the area. It will be of a low density nature of 2.5 units per acre and it will be a stable long-term project which will also provide some commercial uses to the residences. Mr. Unsworth opened the public hearing at 8:02 p.m. asking if anyone would like to speak in favor of the re~one. Gary Wayne, 30650 Bridden Street, Lake Elsinore, spoke in favor of the project and the level of quality they plan to provide to the community. .... Mr. Unsworth asked if anyone would like to speak in opposition to the rezone. Mr. Carter asked for clarification on the water flow on Wasson Canyon. Mr. Wayne stated the studies on the Wasson Canyon and the water flow have been started and the issue will certainly be addressed. Mr. Unsworth closed the public hearing at 8:07 p.m. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE #82-5 SUBJECT TO SEVEN CONDITIONS OF APPROVAL. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE Mr. Morrissey reported that the City Council ban hold the first reading of the ordinance if they so desire, however the second reading can not take place untfl the legal description has been verified. -- MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 656 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIF- ORNIA, ADOPTING CERTAIN ZONING STANDARDS FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE RAMSGATE ANNEXATION AREA. 271 Page four City Council Minutes September 14, 1982 - ........~~..- i PUBLIC HEARINGS - Continued. 31. Zone Change #82-5 - Butterfie1~ Equities Continued. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APP~OVE THE FIRST READING OF ORDINANCE NO. 656. - AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 32. Conditional Use Permit #82-6 - Donald A. Cook Mayor Unsworth announced that this was the time and place for a public hearing on Conditional Use Permit #82-6 - Donald A. Cook - a request to establish a portable office trailer to sell u1tra1 ight equipment; northeast of the intersection of Lucerne & Sylvester. ~ ~ ~ '-;:> o Q Mr. Morrissey reported this item had been before the City Council on August 10, 1982, ~ith the Council continuing until after the City Council had their joint study session with the Planning Commission on the lake bottom activities. Mr. Morrissey requested if the City Council intends to group ultralight activities adjacent to one another, staff recommends this use only be allowed to operate on the 17.33 acres identified as Assessor's Parcel No. 373-'310-006. - Mr. Morrissey recommended appro~al of the Conditional Use Permit #82-6, subject to the ten (10) conditions recommended by the Planning Commission, with the stipulation that only Parcel 373-310-006 be utilized. Mayor Unsworth opened the public hearing at 8:12 p.m. asking those in 'favor of the project to speak. '.'l Donald Cook, 16054 Grand Avenue, Lake Elsinore, asked for approval of the conditional use permit stating he can accept the conditions. M~yor Unsworth asked if anyone would like to speak in opposition to theconditi1ona1 ,u.se permit. No one asked to speak. Mayor Unsworth closed the public hearing at 8:16 p.m. Mr. Torn asked if the trailer is currently being used. Mr. Cook stated it was not. Mr. Knight raised concerns as to the ultralights expanding up Lucerne and getting closer to the residences in the area. Mr. Knight stated he did not like the council being asked to approve a new trailer after the trailer has been located to the property. Mr. Torn felt that portable offices compete unfairly with other permanently established offices. ,-.. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO DENY THE REQUEST FOR CONDITIONAL USE PERMIT #82-6. Mr. MacMurray asked if the Council could not receive some type of a statement from applicants .when they apply for conditional use permits, what they intend to do with the property so that other applicants do not invest monies prematurely. Mr. Morrissey stated this particular situation may have been a misunderstanding, however the applicant is notified of the Planning Commission and City Council hearing dates at the same time, so the applicant was aware he had to appear before the City Council on a particular date. '272 .....:..~".i... Page five City Council Minutes September 14, 1982 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit #82-7 - Butterfield Village, Inc. Mayor Unsworth announced this was the time and place for a public hearing on a Conditional Use Permit #82-7: Butterfield Village, Inc., for'a 20 space Recreational Vehicle Park off Grand Avenue between Riverside Drive and Macy Street. Mr. Morrissey reported this was a reactivation of 20 existing concrete pads built in a semi-circle around a man-made pond. Mr. Morrissey expressed staff concern over the deletion of condition #11 which the applicant would have provided a dump station within the park to be-connected to a holding tank. The Planning Commission recommends approval of the Conditional Use Permit #82-7 subject to 16 conditions. Mayor Unsworth opened the public hearing at 8:27 p.m. asking if anyone would like to speak in favor of the Conditional Use Permit. ... Bob McGill, Grand Avenue, stated he did not have any problems with the present conditions of approval. Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Use Permit. No one asked to speak. Mayor Unsworth closed the public hearing at 8:28 p.m. Mr. Stevens spoke to tWe deletion of Condition #11, stating that if a precedence were set, it may overload the system. Mr. Stevens was concerned the city would be having to take care of sewage which was generated from somewhere else. Mr. Torn asked what had been required on previously approved -- parks. Mr. Morrissey recalled a dump station located at the Roadrunner R. V. Park. Mr. Torn asked if he could make a motion based upon precedence setting of the other approved R. V. Parks. Mr. Porter reported he could, which would give the staff the ability to follow through with the Council action. Mayor Unsworth felt concern with Condition #11, statinq it has been a council policy to allow the manager and the caretaker to let their children only enroll in the local school system. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE CONDITIONAL USE PERMIT #82-7, SUBJECT TO THE SEVENTEEN (17) CONDITIONS AS RECOMMENDED BY STAFF, THAT CONDITION #11, BE SUBJECT TO REVIEW OF THE TWO PREVIOUS R. V. PARKS APPROVALS THAT THIS PROJECT BE CONDITIONED SIMILAR TO THOSE AND CONDITION #10, SHOULD READ THAT ENROLLMENT OF CHILDREN IN LOCAL SCHOOL SHALL NOT BE ALLOWED AND VIOLATION SHALL BE CAUSE FOR REVOCATION OF CUP WITH THE EXCEPTION OF THE MANAGER AND CARETAKERS NOT BE SUBJECT TO TRIS CONDITION. AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, MACMURRAY, TORN, UNSWORTH NONE NONE VALENZUELA ..... Robert Harding, representinfg Rightl~ay Pumping, explained that there is a state law which prohibits him from dumping holding tank materials into the city's sewer system, he is required to go to West Covina or Indio. 273 Page six City Council Minutes September 14, 1982 ....,.:.7'!-'-.i COUNCIL CONCURRED TO TAKE A BREAK AT 8:40 P.M. COUNCIL CONCURRED TO RECONVENE AT 8:53 P.M. BUSINESS ITEMS a'J ~ ~ '-:> o o 51. Airport Feasibil ity Report Mr. Morrissey gave a brief background on the NLrpo,rt Feasibility Report recommending the City Council accept the Study, Phase I and II as complete. Mr. Dick Rau1ing, CH2M Hill stated this was a two phase project with the first phase being completed in June. Mr. Raulings felt there is a need for a General Aviation Airport and felt it should be on a 300 acre site; unfortunately at this time it is not available and Skyline Airport is the present airport which is less than 300 acres. Mr. Raulings anticipates there will be 52,000 ultralight flights in 1982 and 150,000 in the year 2000. He felt the city should support private plans for avi~tion by establishing an A~iation Advisory Committee to advise the City Council. Mr. Rau1ings suggested establishing some type of taxing structure on the ultralights. Council thanked Mr. Raulings for his presentation and accepted the report. 52. Construction Loan Agreement..; Norman Industries Mr. Steel gave background information stating in May, 1982, the City Council approved two agreements between the City and the County of Riverside, and the City and Norman Industries for disbursement of $474,126 in CDBG economic development loan ' funds. Ii August, 1982, the Coufncil approved the rebuilding plans for Norman Industries' p~oposed 45,000 square foot manufacturing facility. Under the loan agreement, the City will retain 20% of the principal and interest payments from Norman Industries. r- Staff recommendation is to approve the construction loan subject to: 1. Approval of loan documents by City Attorney; 2. Verification by the City of Lake Elsinore and the County of Riverside that sufficient security has been received from Norman Industries to fund the loan; 3. Fulfillment of all other terms of the agreements for loan funds, and Authorize staff to establish a collection/checking account with Butterfield Savings and Loan. ~ Mr. Steel reported that Norman Industries anticipates to break ground in the miadle or latter part of November. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE CONSTRUCTION LOAN TO NORMAN INDUSTRIES SUBJECT TO THREE CONDITIONS AND AUTHORIZE STAFF TO ESTABLISH A COLLECTION/CHECKING ACCOUNT WITH BUTTERFIELD SAVINGS AND LOAN. '274 Page seven City Council Minutes September 14, 1982 BUSINESS ITEMS - Continued. 53. Lake Elsinore Valley Historical Society Mr. Rede gave background information on the need for reactivating the old Historical Preservation Commission in order to establish a Review Board Procedure. The purpose of the Board would be to alleviate demolition of structures with potential historical significance to the Valley. Mr. Rede explained this is a result of Dr. Weymouth demolishing a house at 16625 W. Lakeshore Drive after finding out the requirements for bringing the existing house up to code. Mr. Knight would like to see staff directed to bring to Council any buildings which are scheduled to be demolished prior to a permit being issued. , -- Discussion was held on other benefits of the Committee such as Historical Sites will be listed on the Historical Building Register and there could be certain tax benefits to those restoring historical structures. Mr. Torn stated he wants the buildings to be maintained in their original condition. He would like the committee to be advisory to the City Council and the City Council and the committee to be appointed by the City Council. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THERE IS A FINDING OF A NEED FOR A HISTORICAL SOCIETY AND DIRECTED STAFF TO PROVIDE THE COUNCIL WITH GUIDELINES FROM OTHER HISTORICAL SOCIETIES FROM OTHER CITIES AND TO HAVE THE CITY ATTORNEY DRAFT AN ORDINANCE FOR SOCIETIES, COMMITTEES AND COMMISSIONS. Mr. Bill Jennings, Hemet Historical Society would 1 ike to see the Council go along with the idea of the commission now. Mr. Rede stated he could direct the City Attorney to draft an ordinance on building criteria on historical buildings where the owners would only be required to restore the building to code requirements at the time the building was built. 54. Resolution Establishing Waste Water Dump Fees for Private Haulers. .... Mr. Rede reported that for some time there has been an unwritten agreement between the City and Rightway for the use of the Treatment Facility. In turn for their being able to use the plant at no cost, they provide the City with pumping assistance on an on-call basis, and chemical toilets on an on-going and on an as-needed basis at no cost to the City. Mr. Rede reviewed the present rates for the City of Riverside, EVMWD and the City of Corona. The City of Corona is presently reviewing their rate structures to increase the inside City rate to approximately $5.00 per load. Robert Harding, Rightway Chemical, discussed the rates he is presently paying for areas outside of the City of Lake Elsinore. Mr. Harding stated if the City puts the rates into effect the customers would have to pay the increased cost accordingly. Mr. Knight stated that staff has indicated that the plant is running at capacity. Mr. Knight made some suggested changes to the resolution as to fees and fines. -- Mr. Harding stated he had trucks with the following capacities: 2800 gallons, 2700 gallons, 1500 gallons and 1500 gallons. Mr. Harding suggested fees of $1.50 for the small trucks and $3.00 for the larger trucks. With these fees, he would not have to pass them on to his customers. ~ r-. t-- 1-;) Q o - I ! I r-- 275 Page eight City Council Minutes September 14, 1982 .- -.......~1=.i BUSINESS ITEMS - Continued. 54. Resolution Establishing Waste Water Dump Fees for Private Haulers - Continued. Mr. Wally Borchard, Public Works Department, stated the approximate times and.uses of service which Rightway has provided to the City. Mr. Rede suggested this item be referred back to staff for further ~eview. Mr. Rede al~o stated if council wants to go with the fees suggested by Harding, staff can do so now and complete the review at a later date. Mr. Porter suggested having a contract with Rightway with credit to be provided for services rendered to the city. Bob Cramer, Continental Pumping, stated he has been told he could not come into the city because of a moritorium on additional pumping companies into the city. Mr. Porter stated that Rightway Chemical does not have a francnise in the City of Lake Elsinore. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO APPROVE THE RESOLUTION WITH THE CHANGES IN SECTION 1: TRUCKS OF 1500 GALLONS OR LESS BE CHARGED $5.00 FOR MATERIALS FROM WITHIN THE CITY LIMITS AND $9.00 FOR MATERIALS FROM OUTSIDE THE CITY LIMITS: TRUCKS 1501 GALLONS OR LARGER BE CHARGED $10.00 FOR MATERIALS FROM WITHIN TRE CITY LIMITS AND $18.00 FOR MATERIALS FROM OUTSIDE THE CITY LIMITS; AND FURTHER DIRECTED STAFF TO FORMALIZE THE RELATIONSHIP WITH RIGHTWAY CHEMICAL REFLECTING THE FEES PROPOSED BY MR. HARDING. AYES: NOES: ABSENT: TORN, VALENZUELA, UNSWORTH KNInHT, MACMURRAY NONE Council concurred to continue tnis item to the next regular meeting. . RESOLUTION NO. 82-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING A DUMP FEE AND REGULATIONS FOR THE CITY OF LAKE ELSINORE WASTE WATER TREATMENT FACILITY. 55. Otdinance No. 653 - Zone Change #82-4 - Second Reading. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY..TO READ BY TITLE ONLY. ORDINANCE NO. 653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REZONING CERTAIN PROPERTY FROM R~l (SINGLE-FAMILY) TO ~ (RECREATION) MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING. 56. Ordinance No. 655 - Animal Control Sentry Dogs - Second Reading. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 641 AND LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.06 CONCERNING CONTROL OF DOGS. 276 " -...:,~ Page nine C i t Y Co u n c i 1 M i n u, t e s. September 14, 1982 BUSINESS ITEMS - Continued. 56. Ordinance No. 655 - Animal Control Sentry Dogs - Continued. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 655. , 57. Outflow Channel Weed and Debris Removal - Grant Application Mr. Steel gave background information on the grant application stating the City received a $243,288 CDBG grant to acquire right-of-way, clear and construct a permanent outflow channel. The City is currently in the prbcess of acquiring properties along the outflow channel from Lakeshore Drive to Chaney Street. Recently the City became aware of $50,000 in unallocated 1981-82 First Supervisorial District Discretionary CDBG funds. Staff has been working with -the County to implement the project. I ..... MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE THE CITY MANAGER-TO APPLY FOR $50,000 OF UNALLOCATED 1981-82 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND TO INITIATE WEED ABATEMENT PROCEDURES FOR OUTFLOW CHANNEL CLEARANCE. Council concurred to have staff bring back information on the year round weed abatement program at the next meeting. Mr. Torn reported that the County Board of Directors will be having this item on their agenda next Tuesday and would need a minute action and a copy of the weed abatement ordinance. PUBLIC COMr.1ENTS None. REPORTS AND RECOMMENDATIONS ... Mr. Rede reported that the City has received a donation of $60.00 from Bertha Crigler for the betterment of the community center kftchen facilities. Mr. Rede stated this needs to be formally accepted by the City Council and direct staff to set aside a fund for that purpose. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DIRECT THE CITY MANAGER TO SEND AN APPROPRIATE THANK YOU LETTER TO MS. CRIGLER FOR THE DONATION TO THE COMMUNITY CENTER KITCHEN FACILITIES. Mr. MacMurray reported he is still receiving complaints on the jump plan and the ultralights. Mr. Torn asked the status of the Building Appeals Board. Mr. Rede stated this is not a full board at this time, the board is in need ~f two members. Discussion was held on the demolition of buildings. It was requested that if the building department receives any requests for the demolition of building that they come before the City Council. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 10:45 P.M. COUNCIL RECONVENED AT 11 :55 P.M. Mr. Rede suggested having a meeting with the Elsinore Valley Municipal Water District on September 30th, at 7:30 p.m. Council concurred and directed staff to make the arrang~ments. COUNCIL ADJOURNED INTO CLOSED SESSION AT 11 :57 P.M. REGARDING LITIGATION. .... COUNCIL RECONVENED AT 11:58 WITH NO ACTION TAKEN. I.Q JO l:"- I"":) ~ o -- - Page ten City Council Minutes September 14, 1982 217 ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 11:59 P.M. ATTEST: ~~~ ~ ~'~;ik JOH~ G. ~WOR H, MAYOR ~ CITY OF LAKE ELSINORE iT/s .......~ .i. CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING MONDAY, SEPTEMBER 20, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. The Special meeting of the Lake Elsinore City Council was called to order by Mayor Unsworth at 6:02 p.m. 2. Roll Call The City Clerk called the Roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, UNSWORTH ABSENT: COUNCILMEMBERS: TORN, VALENZUELA -- Counci1member Torn arrived at 6:35 p.m. Also present were: Finance Director Larry Ronnow, City Clerk Deborah Harrington, Administrative Assistant Paul Foster and City Attorney John Porter. 3. USE OF THE COMMUNITY CENTER Mayor Unsworth reported the reason for calling the Special Meeting was based upon a request for Johnny Pearson from the Park and Recreation District, to allow Jazzercise to be held in the Community Center under the sponsorship of the Park and Recreation District. The Park and Recreation District has offered to pay the City $50.00 per month for the use of the center for the Jazzercise Program. The money will go to defray the cost of the electricity. The group does not plan to use the heating or the air conditioning. Mr. U n s w 0 r t h w 0 u 1 d 1 i k e the c 0 u lie i1 to set a po 1 icy to r ea f fir m that people can not use the center as a place of business. Mr. foster explained the City requires a deposit for the use of the community center. If the facility is not left in a clean manner, the amount it takes to clean the facility will come out of the deposit. If the facility is left clean, the deposit will be returned. -- Mr. Unsworth felt the main issue'was that the Council adopt a fee schedule for the community cente~ tne definition of a park and recreation program and whether the Park and Recreation District can sponsor businesses to provide recreation programs. Mr. Foster explained how other city recreation departments run self-sufficient programs. The City sponsors the class and pays the instructor on an hourly wage. Mr. Unsworth stated originally there was an agreement whereby the City would provide the facility and hire a person to do the scheduling for the community center and the ba11fields and the Park and Recreation District had progra~which they were going to provide and as a result receive free rent of the building. Any instructors were to be hired by the Recreation District. Mr. Knight was concerned that if this was approved, would the Council have ather groups requesting slmi1ar approvals whereby -- self-employed individuals would receive rent at a very low rate. Mr. Unsworth reported that the Jazzercise Group had approached the YMCA and were turned down because the YMCA requires a 50%-50% split of the funds received. The Jazzercise Group wanted 70%-30%. Mr. Porter upon reviewing the resolution setting fees for the community center stated he did not see anything in the resolution which permitted the Pa~k & Recreation District from using the facility at no fee. Waiver of fees are made to the City Council on a case by case basis. 5 s -- 279 ...._':""'.: " .i. Page two Special City Council Minutes September 20, 1982 3. USE OF THE COMMUNITY CENTER - Continued. Mr. Foster stated that the Recreation District has only sponsored one class to the best of his knowledge, which was a baton twirling class, which also required approval from the City Council. Mr. Foster felt the issue at hand was whether or not the City was going to take the lead role in promoting, scheduling and hiring people to provide classes and recrea- tion in general in the community or have the Park District provide the recreation. Penny Williams, Senior Citizen Coordinator, verified that the only class held by the Recreation District was the baton twirling. Mr. Torn arrived at 6:35 p.m., Mr. Unsworth updated Mr. Torn on the dis- cussions to this point. Mr. Torn led the discussion on meetings held previously with the Recreation District stating that sponsorship needs to be more than name only, there needs to be some philosophical agreement. Mr. Unswort~ explained that the District is offering to pay the City $50.00 per month to defray the cost of the Jazzercise Program. The only other class the city is aware of the District sponsoring was the baton twirling class. We have to decide who is going to run the center and do its scheduling and who is going to run the programs. Mr. Torn .stated the Park District has a larger jurisdiction than the city and the city needs to make certain it has control over the community center to ensure that the people of Lake Elsinore city limits get first choice of the use of the center. Mr. Unsworth stated that Mr. Glen Kisher would like to submit his name to assist the city in working at the community center. Discussion was led on the present personnel procedures of the city. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DENY THE REQUEST FOR THE JAZZERCISE GROUP TO USE THE COMMUNITY CENTER PENDING THE CITY'S HIRING OF A FULL-TIME PERSON FOR THE COMMUNITY CENTER. Mr. Foster asked if the Councilor the City Attorney had any guidelines for the use of the community center by religious organizations. Mr. Torn stated it was his feeling that religious organizations could use the center for activities but not for religious services. 4. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 7:10 P.M. L ~ pJ~v:tt- J N G. UNSWORTH, M YOR C TY OF LAKE ELSINORE ATTEST: ~~d~ 1280 -.,~ .... CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, SEPTEMBER 28, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:33 p.m. by Mayor Unsworth. - PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman MacMurray. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, Finance Director Rannow, Building Director Frazier, City Engineer Rubel, Administrative Assistan~ Steel and Foster. CONSENT CALENDAR MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE ..... . l. 2. Minutes - September 14, 1982 - Approved as presented. Resolution No. 82-64 - Approved designating Lawrence R. Rannow, Finance Director, or his successors, as the authorized local agent of the City of Lake Elsinore for obtaining Federal Finance Assistance under Public Law 93-288. 3. Resolution No. 82-65 - Proclaiming November as "Veterans Call to Unity Monthll, approved. Resolution No. 82-66 - Proclaiming October 3 - 9, 1982, as "Fire Prevention Week", approved. 4. 5. Resolution No. 82-67 - Approved establishing the Historical Preservation Commission. 6. Resolution No. 82-68 - Approved providing for the abatement of rubbish and other nuisance materials within the outflow channel. 7. Activation of Street Improvement Agreement for 607 Limited Avenue, Approved instructing staff to give written notice to the property owner of 607 Limited Avenue to install street improvements in accordance with Agreement dated July 7, 1981. 8. ..."" Heald Street Sewer - Notice of Completion - Approve the filing of the Notice of Completion on the Project known as the Construction of the Heald Street Sewer by Jan G. Earnest Construction Company. 9. Thermal Electronics - Certificate of Occupancy/Agreement for Completion of Improvements - Approved agreement for completion of Landscaping and Grading, plus submission of a Certificate of Final Grading, upon completion of Street Improvements by City's contractor for Minthorn Street and authorized issuance of permanent Certificate of Occupancy after return of signed and notarized agreement. 281 Page two City Council Minutes September 28, 1982 __...:-~ ' .i CONSENT CALENDAR - Continued. 10. Claim - Charlotte Bredlau - Rejected and referred to the City Attorney. 11. Claim - George E. Nyiri and Julia Nyiri - Rejected and referred to the City Attorney. - 12. Claim - Ann Fouts and Lorraine Tice - Rejected and referred to the City Attorney. 13. Building Department Activity Report - August, 1982, - Accepted as an informational item. 14. Set for Public Hearing on 0ctober 26, 1982: A. Zone Change #82-6 B. Conditional Exception Permit #82-3 L.Q 00 PUBLIC HEARINGS l'- f'"":) Q 31. Zone Change #82-7: Michael Grinel, Northwest of San Jacinto ~ Road and Frontier Drive. Mayor Unsworth announced that this was the time and place for a Public Hearing on the proposed Zone Change #82-7. ,.-. Mr. Morrissey gave background information on the zone change request stating the applicant is proposing a zone change for two (2) adjacent properties of which one (1) is under his ownership. The applicant presently has C-l (Limited Commercial) and C-2 (General Commercial) zoning with the desire to have only C - 2 .M r . G r i n ell s portion proposes. to rezone . 5 1 acres of C-l property to C-2. The adjacent property owner, Mr. Benner, proposes to rezone .67 acres of C-2 property to C-l property. The Request is in conformance with the existing and proposed General Plans. The zoning will allow Mr. Grinel to construct a three-story or 45 foot high structure in the C-2 zone as opposed to the 35 foot twO-story structure allowed in the C-l zone. Mayor Unsworth opened the public hearing at 7:36 asking those in favor of the project to speak. Mr. Grinel, 22709 Calcutta, spoke in favor of the project and offered to answer any questions of the Council. Mayor Unsworth asked if anyone would like to speak in opposition to the project. No one asked to speak. Mayor Unsworth closed the public hearing at 7:38 p.m. Mr. Morrissey answered questions from the Council regarding billboard signs stating this would fall under the Sign Ordinance. ~ MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE #82-7, SUBJECT TO FOUR CONDITIONS. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE CONDITIQNS OF APPROVAL: . 1. Adoption of Ordinance implementing zone change. 2. A finding of conformity to existing and proposed General Plan. 3. A finding of no significant impact upon the environment. 4. Issuance of a Negative Declaration. 282 - ......7'!'i L Page three City Council Minutes September 28, 1982 BUSINESS ITEMS 51. Tract #14450 - Request for Extension of Time Mr. Morrissey gave background information on the request for extension of time stating the tract map will expire on October 22, 1982, unless continued. Mr. Morrissey recommended approval of the extension of time for one (1) year subject to five additional conditions of approval. - 1. Deed all ground water rights for tract to City of Lake Elsinore. 2. Applicant to form landscaping and lighting assessment district. 3. Applicant to form street maintenance district. 4. Applicant to enter into an agreement with the Elementary and High School District to off-set overcrowding. 5. Pay all applicable public safety fees. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE ONE YEAR EXTENSION OF TIME ON TRACT #14450 SUBJECT TO THE FIVE (5) ADDITIONAL CONDITIONS OF APPROVAL. 52. Butterfield Equities - Waiver of Conditional Use Permit Mr. Morrissey gave background information on the request for waiver of the conditional use permit. Staff recommended the applicant request the waiver of the conditional use permit process because of the temporary nature of the buildings to be placed on the property. There are permanent structures proposed for the site. Mr. Morrissey recommended the re- quirements under Ordinance No. 572 be waived until Ca1trans can comp1 ete the revi ew of the street improvement p1 ans. Mr. Morrissey also recommended that agreements be prepared for Wisconsin and Lakeshore Drive whereby the city could call them in at such time as the street improvement plans are returned by Ca1trans. ~ Mr. Morrissey recommended a finding that due to the on-site improvements proposed and the nature of construction techniques to be utilized, that a conditional use permit for the temporary Butterfield Equities Savings and Loan Bank, northeasterly of Lakeshore Drive and Riverside Drive, is not necessary. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION WITH THE ADDITIONAL SENTENCE THAT AS A CONDITION OF THE WAIV~R, IT BE SUBJECT TO AN EIGHTEEN MONTH PERIOD WITH SIX MONTH EXTENSION AND APPROVAL OF THE IMPROVEMENT AGREEMENTS. 53. Edward A. Snyder - Conditional Use Permit #81-17 Review Mr. Morrissey gave background information on the Conditional Use Permit stating the Planning Commission recommends the Conditional Use Permit #81-17 be found in compliance with all City Council conditions of approval and that it be subject to a six (6) month review, or the final actions of the Planning Commission/City Council Joint Study Session, whichever one occurs first. Mr. Morrissey felt one issue which was discussed by the City Council/Planning Commission Joint Meeting held on August 25, 1982, was the potential grouping of all ultralight activities within the existing ultralight park. This would not only concentrate the ultralight activities, but provide for greater enforcement of City Codes and conditions. -- Mr. Snyder, 603 Lucerne, Luke Elsinore, stated he would like to be relieved of the condition requiring a wood fence and instead be authorized to put up a chain link fence not only for the 20 acres ut for the entire property,when the new CUP is approved. Ms. Valenzuela asked if the fence at any time hinders access to the lake off Lucerne Street. G Mr. Finburg stated it would not. 283 Page four City Council Minutes September 28, 1982 -.'-. BUSINESS ITEMS - Continued. 53. Edward A. Snyder - Conditional Use Permit #81-17 Review - Continued. Mr. Unsworth clarified that the only item the Council is considering was the fence and the fire department requirements. Mr. Torn asked Mr. Finburg if he is also running a camping area. Mr. Finburg stated he charges a fee for the people to park their ultralights on the grounds and they are allowed to stay with their planes overnight. Mr. Torn stated he did not see how they could also include camping under their Conditional Use Permit. Cf) t-- l"- !~ ~ o MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE SIX (6) MONTH EXTENSION OF CONDITIONAL USE PERMIT #81-17, SUBJECT TO THE TEN (10) CONDITIONS, WITH CONDITION THAT THE APPLICANT TO BE ALLOWED TO USE CHAIN LINK FENCE RATHER THAN WOOD FENCING ON THE 20 ACRES AND THAT ALL THE ACTIVITIES ASSOCIATED WITH THE CONDITIONAL USE PERMIT BE ALLOWED ONLY ON THE 20 ACRES AND THAT CAMPING NOT BE AN ALLOWED USE AND THAT CAMPING OR ANY INDICATION OF CAMPING WILL BE GROUNDS FOR REVOCATION OF THE CONDITIONAL USE PERMIT. AND APPROVAL OF THE SALES TRAILER. Ms. Valenzuela stated she saw no problem with the camping on the site because of the number of self-contained vehicles which usually visit the area and the number of portable restrooms on the site. Mr. Porter stated under the present Conditional Use Permit, camping is not an allowed use. -- COUNCIL CONCURRED TO TAKE UP ITEMS 63 and 64. 63. Zone Change #82-3: Gateway Annexation - Ordinance - First Reading. Mr. Morrissey recapped the pre-zoning of the Gateway Annexation by stating on August 10, 1982, the City Council reviewed the pre-annexation and adopted four existing County zoning districts. The City Council provided conceptual approval to the zone change subject to completion and certification of the final environmental impact report and accepted the Planning Commission's report establishing the appropriateness of the annexation and zone change procedures. The Council has held first readings ~ on Ordinances 642 through 649 pertaining to the Gateway Annexation. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 658 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY TO INCORPORATE PRESENT COUNTY ZONING DISTRICT WITHIN THE GATEWAY ANNEXATION AREA. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ~ APPROVE THE FIRST READING OF ORDINANCE NO. 658. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 64. Revisions to Parking Ordinance - First Reading Mr. Morrissey gave background information on the revisions to the parking ordinance stating the purpose of the amendments was to clarify vague areas of the ordinance, add necessary parking provisions for shopping centers ftnd address Planning Commission concerns for interior landscaping. Staff recommends approval of the revisions to the Parking Ordinance, a finding of no significant impact upon the environment and adoption of a negative declaration. :284 Page five City Council Minutes September 28, 1982 - ........:-"::.\". ~" BUSINESS ITEMS Continued. 64. Revisions to Parking Ordinance - First Reading, Continued. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ ALL ORDINANCES TONIGHT BY TITLE ONLY. ORDINANCE NO. 659 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING PORTIONS OF ORDINANCE NO. 704, TO REVISE INTERIOR LANDSCAPING REQUIREMENTS AND TO PROVIDE SPECIFIC PARKING REQUIREMENTS FOR SHOPPING CENTERS. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 659. .... AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT AND ADOPTION OF A NEGATIVE DECLARATION. COUNCIL CONCURRED TO TAKE UP THE REGULAR AGENDA. 54. Swick Park Improvements - Roberti-Z'berg Application Resolution No. 82-69 Mr. Steel stated originally staff was going to submit two (2) applications one for the unfunded Swick Field lighting improve- ments and the other for the Community Center tennis courts. However, after discussions with the State Department of Parks and Recreation, staff recommends that only the Swick Field application be submitted.and appropriate $30,000 from "the Parks Capital Improvement Fund for the City's matching committment. The most the city can apply for is $75,000.. The City is applying for $70,000 with a $30,000 match. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE PROGRAM FOR THE SWICK PARK IMPROVEMENTS. RESOLUTION NO. 82-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM. ..... 55. City Yard Security Fence - Award of Contract Mr. Stevens stated at the meeting of August 24, 1982, the City Council approved plans and specifications for the construction of a security fence around the City Yard and authorized the publishing of the Notice Inviting Bids. This project was found to be necessary because of the many break-ins and thefts .- at the City Yard. Staff recommends awarding the contract to Harris Fence Company for the construction of the fence in the amount of $11,613.44. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AWARD THE CONTRACT FOR THE CITY YARD SECURITY FENCE TO HARRIS FENCE COMPANY IN THE AMOUNT OF $11,613.44. 285 Page six City Council Minutes Secptember 28. 1982 ........:-~ ~ BUSINESS ITEMS Continued. 56. Resolution No. 82-70: Coop~ration Agreement with Elsinore School District. :n r-. t-- I""':) o o Mr. Steel reported the Elsinore Union School District has presented a proposal to the City for consideration. This pro pas a 1 wo u ld u t il i z e the City's ass i s tan c eta he 1 p wit h the addition of ten relocatable classrooms to Butterfield School site. The School District will be opening bids for this project in the near future. Jim Bartholomew. Elsinore Union School District. stated the major purposes for the School District in asking the City to pass this resolution was that the School is attempting to arrive at a finance mechanism that would insure that the St~te and local funds derived through developer's fees do not relieve the State of their obligation to fund schools. The School District feels that a third party arrangement rather than the School leasing the buildings directly is required. Mr. Bartholomew felt this would benefit the City as well ,as the School District. - RESOLUTION NO. 82-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA K EEL SIN 0 R E, C A L I FOR N I A, PRO V I DIN G FOR COO PER A T ION BETWEEN THE CITY OF LAKE ELSINORE AND THE ELSINORE UNION SCHOOL DISTRICT TO FINANCE AND CONSTRUCT PUBLIC SCHOOL FACILITIES AND APPROVING IN CONCEPT A SUB- LEASING AGREEMENT WITH THE ELSINORE UNION SCHOOL DISTRICT. MOVED BY TORN. SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-70. 57. Ordinance No. 657: Business License Fees - First Reading Mr. Foster gave background information on the business license stating the fees have not been revised since 1961. Staff is proposing a widely used practice of license groupings. These group categories are: general. skilled and professional. contractors, brokers, rentals, vending machines and miscellaneous. Discussions were led on what is considered to be an Arcade. Staff stated that if there are over 20 machines, it is considered to be an Arcade. Mr. Rede stated that staff intends to circulate the proposed fees on business licenses to the Chamber of Commerce. Discussion was led on the type of businesses cov.ered under the ordinance and how code enforcement can insure that businesses obtain a license to do business within the city limits. Council discussed having all the license fees based upon the area average except arcades. video games and swap meets. The City Clerk read the title of the Ordinance. ORDINANCE NO. 657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING PORTION OF ORDINANCE NO. 399, ORDINANCE NO. 465, ORDINANCE NO. 521, AND ORDINANCE NO. 538. AND PORTIONS OF LAKE ELSINORE MUNICIPAL CODE CHAPTERS 5.08 AND 5.16 CONCERNING BUSINESS LICENSE FEES TO PROVIDE FOR NEW CATEGORIES TO COMPUTE APPLICABLE BUSINESS LICENSE FEES AND TO PROVIDE FOR A NEW MANNER BY WHICH SAID FEES ARE ESTABLISHED AND AMENDED. 286 r [ i L Page Seven City Council Minutes September 28, 1982 _...~ .i. BUSINESS ITEMS Continued. 57. Ordinance No. 657: Business License Fees - Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 657. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE .... 58. Ordinance No. 651 - Second Reading: Burning of Materials The City Clerk read the title of Ordinance No. 651. ORDINANCE NO. 651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION TWO OF ORDINANCE 355 AND LAKE ELSINORE MUNICIPAL CODE SECTION 8.20.020 CONCERNING THE BURNING OF COMBUS- TIBLE OR FLAMMABLE MATERIALS. MOVED BY VALENZUELA, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 651. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 59. Ordinance No. 652 - Second Reading: Planned Unit Development The City Clerk read the title of Ordinance No. 652. ..., ORDINANCE NO. 652 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.37, PLANNED UNIT DEVEL- OPMENT OVERLAY DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, ESTABLISHING GUIDELINES AND REVIEW CRITERIA FOR PLANNED UNIT DEVELOPMENT PROPOSALS. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 652. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NON E NONE 60. Ordinance No. 654 - Second Reading: Specific Plan The City Clerk read the title of Ordinance No. 654 ORDINANCE NO. 654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING A SPECIFIC PLAN DISTRICT DELINEATING REVIEW AND PROCESSING PROCEDURES FOR DIVERSIFIED LAND USE PROJECTS. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 654. ... AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE .~ ~ l"- 1-:) ~ Q - , '- r 287 Page Eight City Council Minutes September 28, 1982 ........:-; ': i.. BUSINESS ITEMS Continued. 61. Ordinance No. 656 - Second Reading: Ramsgate The City Clerk read the title of Ordinance No. 656 ORDINANCE NO. 656 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING CERTAIN ZONING STANDARDS FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE RAMSGATE ANNEXATION AREA. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 62. Ordinances pertaining to the Gateway Annexation - Second Reading The City Clerk read the titles of the following Ordinances: ORDINANCE NO. 642 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADOPTING CERTAIN ZONING STANDARDS FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 642. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE ORDINANCE NO. 643 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.13 (A-l) LIGHT AGRICULTURE DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A LIGHT AGRICULTURE DISTRICT (A-l) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEXATION AREA. MOVED BY MACMURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 643. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE ORDINANCE NO. 644 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.15 (R-R) RURAL-RESIDEN- TIAL DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR RURAL-RESIDENTIAL DISTRICT (R-R) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED BY THE GATEWAY ANNEXATION AREA. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 644. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 1288 -...:-: ... Page Nine City Council Minutes September 28, 1982 BUSINESS ITEMS Continued. 62. Ordinances pertaining to the Gateway Annexation - Continued. ORDINANCE NO. 645 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.18, (R-l-G) ONE-FAMILY DWELLINGS DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A ONE-FAMILY DWELLING DISTRICT (R-l-G) ZONE FOR USE ONLY WITHIN THE AREA DESIG- NATED AS THE GATEWAY ANNEXATION AREA. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNAN- IMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 645. AYES: NOES: ABSENT: i ... KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NON E NONE ORDINANCE NO. 646 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.51, (C-P-S) SCENIC HIGHWAY COMMERCIAL DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A SCENIC HIGHWAY COMMERCIAL DISTRICT (C-P-S) ZONE FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE GATEWAY ANNEX- ATION AREA. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNAN- IMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 646. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NON E NONE ..... ORDINANCE NO. 647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IMPLEMENTING THE SURFACE MINING AND RECLAMATION ACT OF 1975. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 647. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NON E ORDINANCE NO. 648 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA. REGULATING AND CONTROLLING THE LOCATION AND OPERATION OF HOG RANCHES AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR SUCH BUSINESSES WITHIN THE GATEWAY ~ ANNEXATION AREA. AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNAN- IMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 648. AYES: NOES: ABSENT: KNIGHT, MACMURRAY. TORN, VALENZUELA, UNSWORTH NONE NONE ( ~ r-.. t'- 1-:;) ~ o - , ( - ( ~ 2M~ Page ten City Council Minutes September 28, 1982 ......... 7'! '!"- i BUSINESS ITEMS Continued. 62. Ordinances pertaining to the Gateway Annexation - Continued. ORDINANCE NO. 649 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, ADDING CHAPTER 17.17 (R-R-O) RURAL RESI- DENTIAL, OUTDOOR ADVERTISING DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR A RURAL RESIDENTIAL, OUTDOOR ADVERTISING DISTRICT (R-R-O) ZONE FOR USE ONLY WITHIN THE AREA DESIG- NATED AS THE GATEWAY ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 649. . AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 63 & 64 were taken up previously in the meeting. 65. Liquid Waste Disposal - City Attorney Report Mr. Porter discussed the previously set moratorium on business licenses. Recently staff has revised the fees for the dumping of liquid waste into the city's sewer system. The Supreme Court has made it impossible for municipalities to grant exclusive franchises for liquid waste. Mr. Porter recommended the Council direct staff to issue business licenses as normal and also direct staff to continue negotiations for IIservices in lieu of fees, unless it is determined that it is inappro- priate at this time. Mr. Porter addressed the issue of setting a moratorium on the issuance of new business licenses, stating the moratorium would only prohibit the issuance of business license when in fact the main problem was the impaction on the sewer system. Mr. Porter stated the City could limit the amount of sewer being disposed into the City's system by raising the cost of dumping sewer 'outside the city. Mr. Harding stated he would like to negotiate an agreement with the city for dumping liquid waste into the city's sewer system for services to be rendered to the city. Moved by Valenzuela, seconded by Unsworth to approve staff recommendation. The first and the second were withdrawn. Mr. Torn stated he would like a moratorium on the issuance of business licenses in order to limit any further dumping into the city's sewer system. He would like more direct control. Mr. Rede stated that staff is continuing negotiations with Mr. Harding for IIservices in lieu of feesll. As far as the moratorium on business license, staff has issued a business license to Continental Construction Clean-Up. Mr. Porter stated the city could limit the amount of sewer from outside the city being dumped into the city's sewer system, but because of the Boulder Act, the city can not limit the number of business licenses issued. Mr. Porter suggested the council set a 30 day moratorium in order to review this matter further. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO SET A THIRTY (30) DAY MORATORIUM FOR BUSINESS LICENSES FOR LIQUID WASTE DISPOSAL PENDING REVIEW OF THE FEES. VALENZUELA VOTED NO. COUNCIL CONCURRED TO TAKE A BREAK AT 9:10 P.M. COUNCIL RECONVENED AT 9:20 P.M. Z90 Page eleven City Council Minutes September 28, 1982 . _..._:''! i BUSINESS ITEMS - Continued. 53. Edward A. Snyder - Conditional Use Permit #81-17 - Review Continued from earlier in the meeting. Mr. Finburg asked for a clarification of the motion made earl ier in the meeting in regards to on-site camping. As it stands at this time, people are allowed to camp next to their ultra- lights overnight. Discussion was held on overnight camping by the Council. Mr. Finburg stated he would like to apply for a Conditional Use Permit in order to have camping a permitted use on the site. .. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED TO ALLOW TEMPORARY APPROVAL FOR CAMPING UNTIL SUCH TIME AS A CONDITIONAL USE PERMIT FOR CAMPING IS EITHER APPROVED OR DISAPPROVED. APPLICATION IS TO BE SUBMITTED BEFORE THE NEXT COUNCIL MEETING. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH TORN NONE PUBLIC COMMENTS Carol Jones, 16950 Grand Avenue, expressed concern that the outflow channel has not been cleaned out to date. Ms. Jones asked when the City plans to clean it out. Mr. Rede reported that the main problem with the channel is that it is private property. The responsibility leis with the property owners to clean .it out. The city is in the process of acquiring an easement or right-of-way by which the city can go onto the property and clean it out. Mr. Rede also stated that if the lake overflowed, ~ the channel could not handle the water if it were cleaned out. Eugene Carter spoke regarding the Community Center, asking what has been done to set up the proper kitchen facilities in order to allow the Senior Nutrition Center to work out of the Community Center. Mr. Rede reported that the City has applied to the County for funds for the kitchen facilities, however, the funds which were appropriated were insufficient for the work to be performed. The City is attemping to find our sources of funds for the kitchen facilities. Mr. Rede also reported that the City has received a donation from Bertha Crigler in the amount of $60.00 and stated that the City would be appreciative of any other donations to this project. Mr. Torn stated that the County has been told they could use the present kitchen faci1ites at any time. Mr. Unsworth asked staff to check with the County to see if they would like to use the Community Center Kitchen Facilities. Tom Brewer, 16908 Grand Avenue, expressed concerns about the ditch being dug out and the pumps not being able to work and the fear that another flood will be coming. Mr. Steel explained the process of the land acquisition and the funds available. Mr. Steel also stated that the City owns five or six parcels of land along the channel. Mr. Brewer stated in the Tilley Agreement, the Water Company gave the city four or five blocks to the city. Mr. Rede reported that the State will start pumping water when the water level reaches the 1255' level. Mr. Rede reported that the construction of the dike was built with grant funds primarily for the Lake Elsinore Village. 1JIIIIi 29J Page twelve City Council Minutes September 28, 1983 THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY MEETING AT 9:46 P.M. THE CITY COUNCIL RECONVENED AT 9:57 P.M. i- REPORTS AND RECOMMENDATIONS Mr. Morrissey announced that he would be leaving the City of Lake Elsinore and thanked the Council and Staff for all their help, assistance and guidance. Mr. Morrissey's last day will be October 11, 1982. Mr. Torn stated the Council has been discussing conditioning map with public safety fees. He would like to see the city start collecting these fees. Mr. Torn asked staff to come back with some fee schedules. to ~ ~ ~ Mr. Torn stated he would like staff, whenever possible to warn water users when there will be a temporary water shutoff. Whenever possible he would like staff to distribute notices to the people to be effected. Mr. Torn also stated he has been impressed with the manner in which the street patching has been done. Mr. Torn reported that people are using vacant lots as parking lots with some cars having "for sale" signs posted on them. Mr. Porter reported that staff cannot remove cars from vacant lots because they have ~for sale~ signs on them. This has been found to be in violation of the freedom of speech. Gary Wayne stated unless there is a sign posted stating cars will be towed away with the proper section of the code sited, the cars cannot be removed. Council concurred to have staff look into this matter and report back to the City Counci 1. Ms. Valenzuela reported there are vendors across from the State Park selling items illegally. Ms. Valenzuela also asked the Council for a study session on liquid waste. Mr. Rede stated that staff will be looking into Ms. Valenzuela's items. Mr. Steel provided additional information on the purchase of the Lake Elsinore Transit buses. Mr. Rede reported that the Lake Elsinore Transit Coordinator has been filled by Delores McDaniels. Mr. Unsworth asked what has been done about people living illegally on the 1 akeshore. Mr. Porter stated that staff is in the process of contacting the property owners regarding the nuisance. Staff has contacted the County Law Enforcement and asked they become involved. Mr. Unsworth asked if Kicak and Associates has abandoned the office in City Hall. Mr. Rede stated that staff is in the process of recruiting for the positions within the engineering department. COUNCIL ADJOURNED TO CLOSED SESSION AT 10:17 P.M. TO DISCUSS PERSONNEL. COUNCIL RECONVENED AT 10:20 P.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 10:20 P.M. ,(4..&/~h ~ DEBORAH A. . RRINGTON, CIW RK ru~4 ~~ J~HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: 292 CITY OF LAKE ELSINORE REGULAR CITY COUNCJL MEETING TUESDAY, OCTOBER 12, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER ,The regular meeting of the City Council was called to order at 7:34 p.m. by Mayor Unsworth. .... PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Unsworth. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, 'UNS~JORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Community Development Director Trevino, Public Works Director Rubel and Finance Director Ronnow. PRESENTATIONS/PROCLAMATIONS Mayor Unsworth read a proclamation proclaiming the week of October 18 through 24, 1982, as National Business Women's Week. This proclamation was presented to Ruby Atkinson. CONSENT CALEtlDAR The following items were removed from the Consent Calendar for further __ consideration and discussion: 2, 3, 4, and 10. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes: a. September 20, 1982 - Special Meeting - Approved as presented. b. September 28, 1982 - Regular Meeting - Approved as presented. 2. Resolution - Designating July 4, 1983 as Founder's Day - Removed from the Consent Calendar. 3. Resolution - signifying intentian to submit claim for funds - Removed from the Consent Calendar. 4. Agreement - Freeway Maintenance Agreement with State of California _ Removed from the Consent Calendar. 5. Deed Restriction Notices - Notice of Flood Hazard: Council accepted and authrorizedthe.City.Clerk to record with the Riverside County Recorder's Office the following three (3) Deed Restriction Notices: 17037 West Lakeshore Drive 518 North Riley Street 31941 Corydon Road Alberto Dourias/Richard Murphy Norton D. 01 iver John S. Morris -- ! 6. Hold Harmless Agreements - Council accepted and authroized the City Clerk to record the following two (2) Hold Harmless Agreements with the Riverside County Recorder's Office: 32500 Riverside Drive 17201 West Lakeshore Drive Alexander S. Wood (Roadrunner R.V. Park) Oma I. Slavick (Slavick Campground) Page two City Council Minutes October 12, 1982 CONSENT CALENDAR - Continued. ~~j -...7"': i 7. Deed Restriction Notice - Notice of Flood Hazard - Council accepted a .recorded Deed Restriction for 17887 West Lakeshore Drive for Steven D. Roth. 8. Street and Alley Dedications - Council accepted and authorized the City Clerk to record the following six (6) Street Dedications and two (2) Alley Dedications with the Riverside County Recorder's Office. Street Dedications: ~ r-. ~ '-:> ,-, ~ o 31941 Corydon Road 101 Mohn Street 32500 Riverside Drive 17037 W. Lakeshore Drive 301 & 303 W. Graham 32790 Riverside Drive Alley Dedications: 105 A, B, & C Mohr Street - 303 W. Heald Avenue Lakeside Mini-Storage C & H Gonzales Corporation Alexander S. Wood (Roadrunner RV Park) Alberto Dorias/Richard Murphy Howard and Libby Barrick Ervin S. Palmer (Elsinore West Marina) Berk McCollom Wildred R. Atkinson 9. Full Curb,Gutter, Sidewalk & Paving Agreement along with Partial Paving Agreements - Council accepted and authorized the City Clerk to record the following ten (10) Full Agreements (Curb, Gutter, Sidewalk and Paving) and two (2) Paving Agreements with the Riverside County Recorder's Office. f I C' Full Agreements: 109 Davis Street 96 Eleanor Street 303 & 303~ W. Heald 16883 Sannelle Street 17333 McBride Street 17322 Shrier Street 16848 Holborow Street 32500 Riverside Drive 17037 W. Lakeshore Drive 17360 Shrier Street Partial Agreements: 17440 Bromley Street 212 Campus Way Virginia Frances O'Grady Douglas and Patricia Holmes Wilfred and Dolores Atkinson Robert H. Hutchins E. W. and Mary V. Leverett Jimmy and Deborah Leverett John C. Nalore Alexander S. Wood Alberto Dorias/Richard Murphy Helen R. Shafer D'irectors Securities, DBA U.S. Rural Homes Directors Securities, DBA U.S. Rural Homes 10. Merrified Request - Removed from the Consent Calendar. 11. Building Monthly Activity Report - September, 1982 - accepted as an informational item. 12. Fire Safety/Housing Monthly Report - September, 1982 - accepted as an informational item. l 13. Code Enforcement Monthly Report - September, 1982 - accepted as an informational item. 14. Animal Control Monthly Report - September, 1982 - accepted as an informational item. 15. Warrant List - September, 1982 - Approved Warrant numbers 16941 through 17121 with a total expenditure of $358,149.10. 16. Set for Public Hearing - November 9, 1982 - Conditional Use Permit #82-8 - Approved. 17. Set for Public Hearing - November 9 and 23, 1982 - General Plan - Approved. ~94 Page three City Council Minutes October 12, 1982 .......:"!: .i._ CONSENT CALENDAR - ITEMS REMOVED FROM THE CONSENT CALENDAR. 2. Resolution - Designating July 4, 1983 as Founder's Day - Mr. Unsworth reported the date on the Resolution was incorrect, the correct date is July 3, 1983. RESOLUTION NO. 82-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING JULY 3, 1983, AS FOUNDER'S DAY JUBILEE IN HONOR OF THE CITY.S 100TH ANNIVERSARY. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION AS CORRECTED. - 3. Resolution - signifying intention to submit claim for funds - Mr. Carter asked for clarification as to if this was Senate Bill 325. Mr. Rede reported this. was under SB 325. Mr. Rede stated under Article 4" the City will receive $142,494 and under Article 8 the City will receive 21,508. RESOLUTION NO. 82-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SIGNIFYING ITS INTENTION TO SUBMIT A CLAIM FOR FUNDS UNDER THE TRANSPORTATION DEVELOPMENT ACT OF 1971 AND AUTHORIZING THE CITY MANAGER TO COMPlETE ALL DOCUMENTS TO SUPPORT CLAIMS FOR FUNDS. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY..TO APPROVE RESOLUTION NO. 82-72. 4 . Agreement - Freeway Maintenance Agreement with State of Ca1 ifornia: Mr. Torn stated he was under the impression that Collier Street was t 0 be con n e c te d to iv1 ai n S t r e eta n d w 0 ul d not wan t the a g r e em e n t approved until such time as Collier has been addressed. .... MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED THAT THIS BE CONTINUED PENDING REQUEST OF CALTRANS THAT THE EXTENSION OF COLLIER BE IMPROVED. 10. Merrified Request: Mr. Knight asked to be excused from the discussion of this item because of a conflict of interest. Mr. Frazier gave background information on Mr. Merrifie1d1s request stating that Mr. Merrified has been evicted from the building owned by Mr. Wells. The Phone Company has informed him that they will not be able to relocate his answering service equipment until March 1, 1983. Mr. Merrified has relocated into a trailer on City right-of-way and/or Mr. Wells' property on the northerly side of the building he had been evj~ted from. Ms. Valenzuela expressed concern regarding the service which is provided by Mr. Merrifield to professionals in the valley such as doctors and the problems it would cause if the business were ~ to be shut down suddenly. Ms. Valenzuela reported that she has received a letter stating that the phone company would be able relocate the answering phone service on December 1, 1982. She would not like to see the applicant or the residents go without this service for six weeks. MOVED BY MACMURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT MR. MERRIFIELD BE ALLOWED TO CONTINUED UNTIL SUCH A TIME THAT HIS SERVICES CAN BE RE-ESTABLISHED AT A MORE DESIRABLE LOCATION BY DECEMBER 1, 1982 OR AT THE FIRST AVAILABLE TIME BY THE PHONE UTILITY, THAT THE TIRES BE PUT BACK ON THE TRAILER AND THAT A LETTER BE SENT TO THE PHONE COMPANY TO THIS EFFECT. ~~:J .-I"~ ... Page four City Council Minutes October 12, 1982 CONSENT CALENDAR - Continued. 10. Merrifield Request - Continued Mr. Torn felt the needs of the people utilizing the service have been addressed but can not excuse Mr. Merrifield~ disregard for following the proper procedure in approving a blanket approval. Normally Mr. Merrifield would have paid fees and gone through the process normally. Mr. Torn felt the motion should address the Conditional Use Process and the application for encroachment. Mr. Torn felt Mr. Merrifield should be required to go through the proper process. ~ \ ~ ~ t-.. /""';) Cl Q MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO AMEND THE MOTION TO HAVE MR. MERRIFIELD DIRECTED TO APPLY FOR A CONDITIONAL USE PERMIT WITHIN FIVE (5) WORKING DAYS AND AN ENCROACHMENT PERMIT AND THAT ALL THE NORMAL FEES BE COLLECTED." THE CITY SHOULD HAVE A HANDS-OFF ATTITUTE AS FAR AS HIS LANDLORD IS CONCERNED. VOTE ON AMENDMENT TO THE MOTION: AYES: NOES: ABSENT: ABSTENTIONS: MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE KNIGHT VOTE ON MOTION: AYES: NOES: ABSENT: ABSTENTIONS: MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE KNIGHT t l INTRODUCTION OF CITY ENGINEER/PUBLIC WORKS DIRECTOR AND COMMUNITY DEVELOPMENT DIRECTOR. Mr. Rede introduced Mr. Norman Rubel as the City Engineer/Public Works Director and Mr. Robert Trevino as the Community Development Director. PUBLIC HEARINGS 31. Special Channel Weed Abatement Mayor Unsworth announced that this was the time and place for a public hearing on a special Channel Weed Abatement program. Mr. Rubel reported the County of Riverside has offered to expend certain funds to assist the City in cleaning of the outflow channel. It has been determined that in order to provide the right for the City or County personnel to enter upon private properties and clear the channel, a weed abatement procedure should be undertaken. Notices were sent to the property owners as required by law. According to the report provided to the Council the work will be commenced by the County on October 18th and should be completed by approximately November 30th. ~. l The plan is to spray the weed growth in the channel with a weed control agent called, Diquat. Following the spraying, a tractor will grade a 6 to 10 foot wide dirt fire control and access road adjacent to both sides of the channel where the road is needed and does not presently exist. The burnable brush and weeds after drying will be burned. followed by some channel cleaning using mechanical equipment such as a dozer, dragline or grade-all. After the channel is burned and cleaned to the extent that funds will allow, a second chemical, Karmex, will be applied to retard future weed growth. Mayor Unsworth opened the public hearing asking if anyone would like to speak in favor of the project. Mr. Carter spoke regarding the Tilley Agreement and the cleaning of the outflow channel, stating the City has the right to clean the, Channel. .~~tj Page five City Council Minutes October 12, 1982 ......:... ;- PUBLIC HEARINGS - Continued. 31. Special Channel Weed Abatement - Continued. John Finnel ,214 Riley,asked how the chemical Diquat and Karmex will affect animals and humans. Bob Nelson, County of Riverside, reported the spray has been used in the past with no adverse effects or complaints. Mr. Nelson suggested keeping animals away from the area during the spraying and for one or two days. Bill Hisey, County of Riverside, reported the chemicals are register:d with the State. Diquat is an aquatic weed spray and cautloned people from coming into direct contact with it. Mr. Hisey reported the chemicals from the downtown area to the lake will be ground applicated, the downstream area will be aerial application. - The public hearing was closed at 8:25 p.m. Mr. Porter reported the reason staff has chosen the week abatement process was to obtain access to the private property. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ORDER THE DIRECTOR OF PUBLIC WORKS TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH, REFUSE AND DIRT REMOVED PURSUANT TO RESOLUTION NO. 82-68. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION AS FOLLOWS: 1. APPROVE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND RIVERSIDE COUNTY FLOOD CONTROL DISTRICT FOR THEIR SERVICES WHICH INCLUDE, BUT ARE NOT LIMITED TO, HAND SPRAYING OF THE WEEDS ~ ALONG THE CHANNEL IN THE DEVELOPED AREA, $9,100. 2. APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE FIRE DEPART- MENT WHICH WILL PROVIDE FOR THEIR ASSISTANCE IN BURNING THE WEEDS IN THE CHANNEL APPROXIMATELY 10 DAYS TO 2 WEEKS AFTER THE CHANNEL SPRAYING. 3. AUTHORIZE THE CITY MANAGER TO UTILIZE EMERGENCY PROCUREMENT PROCEDURE PER LAKE ELSINORE MUNICIPAL CODE, SECTION 3.08.070, AND SIGN NECESSARY AGREEMENTS FOR HIRING EQUIPMENT AND OPERATORS AS MAY BE REQUIRED FOR THE CLEARING OF FIREROADS FOR WEED AND BRUSH BURNING AND FOR CLEANING THE CHANNEL AFTER THE SPRAYING AND BURNING HAS BEEN COMPLETED. . 4. APPROVE AGREEMENT WITH A HELICOPTER OPERATOR TO PROVIDE WEED SPRAYING IN THE CHANNEL IN THE UNDEVELOPED AREA. 32. Sewer Rates Adjustment - Ordinance Mayor Unsworth announced that this was the time and place for a public hearing on Sewer Rates Adjustment. Mr. Foster reported in light of the past and projected revenue loss levels, staff is recommending an increase on all sewer charges. This will make the residential rate $8.00 per month. -- Mayor Unsworth opened the public hearing at 8:35 p.m. asking if anyone would like to speak in favor of the sewer rate adjustment. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the sewer rate adjustment. No one asked to speak. The public hearing was closed at 8:38 p.m. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED TO READ THE ORDINANCE BY TITLE ONLY. :l~" ---....~ ... Page six City Council Minutes October 12, 1982 PUBLIC HEARINGS - Continued. 32. Sewer Rates Adjustment - Ordinance - Continued. The City Clerk read the title of the Ordinance: i " ORDINANCE NO. 660 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NUMBER 563, SECTION 1 and 627 SECTION 4 (PART) AND LAKE ELSINORE MUNICIPAL CODE SECTION 13.26.170 TO PERMIT SEWER SERVICE CHARGES TO BE ESTABLISHED BY RESOLUTION FOR VARIOUS CATEGORIES OF SERVICE. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 660. ~ l"'- f"oo -:> ~ o AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE Council concurred to break at 8:41 p.m. Council reconvened at 8:48 p.m. BUSINESS ITEMS 51. Stokes Request - 18135 West L~keshore Drive Mr. .Frazier reported the property had been damaged in the 1980 Flood and allowed by Appeals Board decision to remain standing and staff obtain City Council approval to issue permits on November 10, 1981, provided a Deed Restriction Notice was obtained. Mr. Frazier stated he was not sure if the property was in the Redevelopment Project area. The Stokes have requested the City lease the two adjoining lots to them. t '-- Mr. Stokes stated he was not sure if the gasoline tanks are on his property or the city's property. Mr. Stokes requested the City lease or rent the property adjoining his to him. Ms. Valenzuela stated she would like this item continued until it is determined whether the property is in a Redevelopment Project Area. Mr. Stokes stated he does not really want to keep the tanks, however, the tanks have been maintained properly. MOVED BY TORN, SECONDED BY KNIGHT AND 'CARRIED UNANIMOUSLY TO DENY THE REQUEST FOR THE LEASE WITHOUT PREJUDICE FOR THE TWO ADJOINING LOTS. Mr. Frazier stated Mr. Stokes can rehabilitate the commercial building if he so desires. l 52. Johnston Request - 32081 Corydon Road - Permit for replacement of mobile home. Mr. Richard Johnston, 32801 Corydon, stated he would like to return to his property under the same conditions prior to the flooding~ and live in a mobile home. Mr. Rede stated there have been precidents in cases such as this, however the Council reviews the requests on a case by case basis. Mrs. Barrett was given permission to relocate on her property because of security reasons under a Conditional Use Permit. Mr. Rede stated the Council could grant permission if they so desired and required the applicant to go through the Conditional Use Permit process. ~::Jt; Page seven City Council Minutes October 12, 1982 BUSINESS ITEMS Continued. 52. Johnston Request - Continued. Mr. Johnston stated he has already gone through the Conditional Use process when they moved on the property. and did not feel it would be fair to pay the fees and go through the process again. Mr. Rede stated the main reason for the process would be for the City to assure itself that the condtions which were established ~ in the past will be complied with and the second reason would be for reoccupancy. Mr. Rede stated he did not know they had gone through the process previously and did not feel that the applicant should be required to pay the fees again. Mr. Rede reported that the original Conditional Use Permit in 1975 was allowed under a blanket CUP for a period of one (1) year after final approval. The C~P officially expired on January 5, 1977. Mr. Johnston reported there has been substantial vandalism to the building and his plane which had been located there. Mrs. Johnston stated they have the property leased at the present time to Perris Valley Ultralights, there are approximately 20 ultralights located on the property at the present time. Mr. Torn asked the City Attorney if the request is approved, would it be possible to deed restrict their lease of the property for anyone other then themselves, and at such time the Johnstons move the mobile home would have to be moved also. Mr. Porter stated this could be accomplished through the Conditional Use procedure and could be conditioned accordingly. The same thing could be accomplished through deed restrictions on the property ~ which may include a clause which will act as a penalty. The simplest method would be the CUP process. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE JOHNS TONS BE ALLOWED TO RE-OCCUPY THE PROPERTY THEY WERE DISPLACED FROM DURING THE 1980 FLOOD, THAT THEY BE OIRECTED TO APPLY FOR A CONDITIONAL USE PERMIT, THAT CONDITIONAL USE PERMIT FEES BE WAIVED; THAT THE CONDITIONS ON THIS PROPERTY REFLECT THOSE FINDINGS THE CITY COUNCIL USED AS CONDITIONS ON THE BARRETT PROPOSAL AND THAT FURTHER,THAT ONE OF THE CONDITIONS BE THAT THIS USE IS FOR THEIR EXCLUSIVE USE AND THAT THE MOBILE HOME CAN NOT BE LEASED OR SOLD WITHOUT VOIDING THE CONDITIONAL USE PERMIT. 53. Liquid Waste Disposal Mr. Porter gave back ground information on the Liquid Waste Disposal Item stating there have been subjects which the Council has been interested in: 1) An Agreement with Rightway Chemical to provide for reduction of fees in exchange for services and 2) The problem the City faces with the over-burdening of the Liquid Waste Disposal Facility and the elimination of the excess effluent being dumped. Mr. Porter reported as it currently stands the City can not undertake activities which d minish competition. Mr. Porter recommended the City not restrict business licenses for liquid waste but continue to have increased fees for effluent which is generated from outside the city limits. Moved by Torn, to approve an additional 90 day moratorium on issuance of business licenses for liquid waste.to enable further study on this matter. and applicants for dumping into the City's facility. ~ Mr. Porter suggested that if the Council is desirous of a moratorium the moratorium should not only be for business licenses for liquid waste haulers but for all applicants for use of the City's Facility. The above motion died for lack of a second. '1,~~ ......';"'.: 4- Page eight City Council Minutes October 12, 1982 BUSINESS ITEMS Continued. 53. Liquid Waste Disposal Continued. Mr. Porter stated the next item before the Council would be the agreement with Rightway Chemical. 54. Rightway Chemical Agreement Mr. Foster reported at the September 28th City Council meeting, staff was given direction to develop, for Council consideration, an agreement between the City and Rightway Chemical for a reduced. dump fee in return for an In-Kind service agreement. Mr. Foster recommended the Council reduce the rate only for sewage pumped from within the corporate City limits; levels of liability and property damage Insurance to be held at the same levels fequired by the refuse contractor; and approve a one JJ y~aragreement. t-- ~ Ms. Valenzuela stated she did not feel that trade-offs are a ~ good method of doing business and would prefer to see the bills ~ and have Mr. Harding pay the approved dumping fees and the City pay Rightway for services rendered. I \ ( Mr. Torn felt the City should operate in a less formal trade-off situation. because the city has benefitted from services rendered by Rightway Chemical in the past. Mr. Knight stated he was not in favor of trade-offs and felt the City should utilize all businesses located in the city for work to be done. l (- Mr. Porter stated if the city were not to negotiate openly for the agreement, that could cause anti-trust liability. However, the other contractor does not have the capability of performing the services that Rightway can perform for the City. Moved by Valenzuela, seconded by MacMurray that the City will not have any trade-offs, either written or orally. Valenzuela and MacMurray withdrew their motion and second. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED THAT THE CITY SHALL TERMINATE THE ORAL AGREEMENT (IF ANY) WITH RIGHTWAY AND THAT IN THE FUTURE, RIGHTWAY SHALL PAY ESTABLISHED FEES AT THE DUMPING FACILITY AND THE CITY SHALL PAY FOR SERVICES THEY HAVE CONTRACTED WITH RIGHTWAY. AYES: NOES: ABSENT: MACMURRAY~ VALENZUELA; UNSWORTH TORN, KNIGHT NONE 55. Lake Community Center Building Expansion ..- Mr. Rubel gave background information on the Lake Community Center Building Expansion stating a low bid of $87,288 was received for this project on June 22, 1982. At this meeting, the City Council rejected the bids and directed staff to consider construction of only the most necessary facilities with the City being owner-builder and contracting separately with the various trades. l Mr. Foster reported he has been in contact with the Director of the Office on Aging and indicates there has not been a commitment from the State as to if they will fund for the Federal Fiscal Year. Mr. Foster stated since the city has not broken ground or taken any concrete action, the Office on Aging was forced to notify the State to that effect, which put into jeopardy our $50,000 grant. By the City appropriating the $50,000, this will show the State our intention and motivate the State to extend our funding into the next quarter of the Federal Calendar Year. ! \>uu Page nine City Council Minutes October 12, 1982 55. Lake Community Center Building Expansion - Continued. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROPRIATE THE $50,0,00 FOR THE LAKE COMMUNITY CENTER BUILDING EXPANSION. Mr. Unswor~h reported there have been two complaints regarding the Communlty Center. 1. We have committed ourselves to get the nutrition center into the facility; 2. The Users have no place to store their materials. Council concurred that when a design engineer is brought in that we have a brief study session so the Council can make their desires known. i ..... 56. Bingo Ordinance/Expansion of Bingo Definition and Resolution Mr. Steel stated the intent of the ordinance is to allow local bingo operators to use the pre-printed cards, which would increase the fund raising capability of the local operators. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the ordinance: ORDINANCE NO. 661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING SECTION ONE OF ORDINANCE NO. 564 AND LAKE ELSINORE MUNICIPAL CODE SECTION 5.29. 020, EXPANDING THE DEFINITION OF BINGO. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 661. .... AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE RESOLUTION NO. 82-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ESTABLISHING LICENSE FEES FOR BINGO GAME OPERATORS. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO .. A P PRO V ERE SOL UTI 0 N NO. 82 -7 3. t 57. Business License Fees - Ordinance (Second Reading) MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 657 ORDINANCE NO. 657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING PORTION OF ORDINANCE NO. 399, ORDINANCE NO. 465, ORDINANCE NO. 521, AND ORDINANCE NO. 538, AND PORTIONS OF LAKE ELSINORE MUNICIPAL CODE CHAPTERS 5.08, AND 5.16 CONCERNING BUSINESS LICENSE FEES TO PROVIDE FOR NEW CATEGORIES TO COMPUTE APPLICABLE BUSINESS LICENSE FEES AND TO PROVIDE FOR A NEW MANNER BY WHICH SAID FEES ARE ESTABLISHED AND AMENDED. MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 657. .... AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE ~U! Page ten City Council Meeting October 12, 1982 BUSINESS ITEMS Continued. 58. Business License Fees - Resolution Raymond Kent, representing the Chamber of Commerce, thanked Mr. Rede for providing a copy of the proposed Resolution. Mr. Kent stated for the record; the Chamber feels the Resolution is poorly written, ill conceived and repressive in its adaptation, and is opposed to it. Mr. Kent felt the employee fee was not only repressive but a hidden tax, it is an employer tax. Mr. Kent stated the Chamber feels very stongly on this employee tax that if the Council approves this section, the Chamber will seek an injunction and test the constitutionality of this section and all other sections in the courts. ~ ~ ~ ~ o o Mr. Porter stated the tax is not a hidden tax, it is an open tax, this is an acceptable, constitutional method for cities to raise revenues. The California Supreme Courts has recently ruled that business taxes such as these may be raised and a~e not in violation of Proposition 13. Lon Chaney, businessman in the downtown section of Lake Elsinore, concurred that this body should hold a study session with the representatives of the Business Association and the Chamber of Commerce to allow input on the fee schedule. He is in agreement that the fees are too low and need to be adjusted. He has a problem that the fees can be automatically increased ten percent. r-- Mr. Rede reported the Council would have the discretion whether or not to implement the increase. Mr. Rede stated that further study would be helpful. Mr. Rede stated the only comments he has received from the Chamber have been from Mr. Sproule. A Study Session was Scheduled for November 1st at 7:00 p.m. 59. Lakeshore Control Ordinances Mr. Porter reported the Ordinance pertaining to burning of materials has been previously adopted by the City Council and the ordinance pertaining to the mobile homes is a rewrite of_an existing ordinance. Mr. Torn suggested a Specific Plan Zone over laid on the lake perimeter. He would be interested in defining the scope of the problems, geographically, and then writing an ordinance appropriate for the zone. Mr. Torn felt the Council needs to set down and prioritize the items they would like to work on in the immediate future relative to the lake ~erimeter. Council concurred to approach this item from a planning aspect, with no action taken at this time. 60. Zoning DeSignations - City Policy Mr. Trevino reported that Mr. Bob Williams has submitted a letter to staff requesting a portion of Caltrans right-of-way deeded back to the adjacent property owner receive the same zoning as the adjacent parcel. Staff reported that the portion of the Caltrans right-of-way recently deeded to the adjacent property owner was not part of the zoning action which rezoned the adjacent parcel. Staff has taken the position the only property approved in the zone change was the area specified by the legal description. Mr. Porter stated the applicant, Mr. Williams, needs to file a Zone Change application. Mr. Torn asked if this was the property which the MacDonalds plans to locate. Mr. Trevino stated this was the location for the MacDonalds and that staff has the plans on file and the item will be heard on the next Planning Commission Agenda. "u~ Page eleven City Council Minutes October 12, 1982 BUSINESS ITEMS Continued. 60. Zoning Designations - City Policy MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY THAT WE EXPEDITE THE ZONE CHANGE APPLICATION THROUGH BACK TO BACK HEARINGS AND AGENDIZE AS FAST AS POSSIBLE. 61. Travel and Training Policy Mr. Rede reported this policy should be implemented as an ordinance and recommended that this item be continued until some legal ~ problems can be resolved and an ordinance prepared. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM UNTIL AN ORDINANCE IS PREPARED AND IN THE EVENT THERE IS FURTHER DISCUSSION ON THE PART OF THE COUNCIL. 62. Ordinance - Zone Change #82-7, ~irst Reading. Mr. Trevino reported the Council approve the Zone Change subject to four conditions of approval. The purpose of the change of zone from C-1 (Limited Commercial) to C-2 (General Commercial) and from C-2 to C-1 was to allow two (2) properties, whose boundaries were recently adjusted with Lot Line Adjustment #82-3, to have consistent zoning. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of Ordinance No. 662. ORDINANCE NO. 662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM C-l (LIMITED COMMERCIAL) TO C-2, (GENERAL COMMERCIAL) AND OTHER CONTIGUOUS PROPERTY FROM C-2 (GENERAL COMMERCIAL) TO C-l (LIMITED COMMERCIAL). MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH TORN NONE 63. Ordinance - Zone Change #82-3, Second Reading. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of the Ordinance. ORDINANCE NO. 658 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY TO INCORPORATE PRESENT COUNTY ZONING DISTRICTS WITHIN THE GATEWAY ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECONDED READING OP ORDINANCE NO. 658, SUBJECT TO THE PLANNING COMMISSION RECOMMENDATION. 1. ENGINEERING STAFF ACCEPTANCE OF LEGAL DESCRIPTION AS ACCURATE. 2. A FIND~NG OF CONSISTENCY WITH THE EXISTING GENERAL PLAN AND ALL GENERAL PLAN ELEMENTS TO BE ADOPTED. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE I - ..' -- ...".". i)U.) Page twelve City Council Minutes October 12, 1982 BUSINESS ITEMS Continued. 64. Ordinance - Revisions to the Parking Ordinance. Mr. Trevino reported on the revisions to the Parking Ordinance, which received first reading by the City Council on September 28, 1982. MOVED BY MACMURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 659 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING PORTIONS OF ORDINANCE NO. 704, TO REVISE INTERIOR LANDSCAPING REQUIREMENTS AND TO PROVIDE SPECIFIC PARKING REQUIREMENTS FOR SHOPPING CENTERS. .~ t-- ~ '-:) Cl o Discussion was led on the proposed nature of the ordinance and it was concurred that this item will be agendized for the next quarterly study session with the Planning Commission. Mr. Torn was concerned that the ordinance would not have the needed flexibility for the downtown area. 65. Lakey Request - YMCA Pumpkin Hunt Mr. Unsworth reported that Mrs. Lakey through the YMCA is trying to sponsor some programs that will be free to the public.and as a result has planned a Pumpkin Hunt for October 23, 1982, at the City Park between the hours of 3 and 4 p.m. Mrs. Lakey is asking for co-sponsorship to the effect that the City will allow free use of the City Park. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST OF MRS. LAKEY. PUBLIC COMMENTS Mrs. Riche asked the staff to spray the dike with some type of cement. Mr. Rubel will obtain a cost estimate and report back. Leon Grabonski, 295 N. Nichols reported he had two cars removed from his private property as a result of someone calling the Sheriff's Dept. and requesting the cars be removed. The person identified himself as the owner of the property, which he was not. The City Attorney stated this was a legal matter between two private parties and that the City Council could not become involved. Mr. Carter requested that the Council, who sets as the L.E.T.S. Agency, change the scheduling of the buses to Riverside back to what it was before. Mr. Torn explained the new schedule is only 6 minutes longer if the right buses are taken. Bob Jacobson, 174 N. Chestnut, requested the arrow at Sumner Street be taken care of to reflect a turning lane and a lane which can go straight. Mr. Rede will discuss the matter with Mr. Rubel. Mr. Jacobson asked if the Council plans on having a bandstand at the City Park and if so, does the Council want to use the plans he has prepared. Mr. Rede stated the committee would like to look at the plans. REPORTS AND RECOMMENDATIONS Mr. Rede reported the City Attorney has advised him that action on the Downer Engineering Request needs Council action as well as Agency action. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST TO HAVE THE HYDRANT LOCATED IN THE COLLIER AVENUE RIGHT-OF-WAY. 'DU':! Page thirteen City Council Minutes October 12~ 1982 REPORTS AND RECOMMENDATIONS Mr. Torn asked if the Public Safety Fee Ordinance has been prepared. Mr. Porter stated he was waiting for a court decision and should have something prepared by the next meeting for Council consideration. Mr. Torn ~s~ed that staff.1oo~ at the road shou1ders~ many are in very poor cond1t1on~ one locat1on 1S East Lakeshore running into'Mission Trail. and the area where they have removed the dikes. There are trees on Collier by Riverside Drive which need to be trimmed back. - Mr. Tor n r e po r t e don the s t r e e t mar kin g sin ;' the Mis s ion T r ail are a ~ the stripping needs to be re-done~ from the intersection of Lakeshore and Mission Trail until you get to the County area. Mr. Knight stated that going to the Casino from Railroad Canyon~ it is a two lane road and there is not any separation between the lanes. Mr. Torn stated the Council needs to vote on a Delegate and an Alternate for the League of California Cities. Council concurred to have Howie Torn as the Delegate and Arta Valenzuela as the alternate. Ms. Valenzuela asked that area in front of the post offices boxes located outside the Post Office be painted red. Staff-indicated that the area had been painted white and that white was the appropriate color. Mr. MacMurray asked what~ the status was on the Senior Service Repair I Program. Mr. Rede reported the program was funded by the County Agency Ion Aging through Housing and Community Development. The City withdrew from the organization and joined the Small Cities Organization. The City can reinstitute the program itself. Mr. Rede reported the vehicles belong to the County and the City would have to make an agreement with the County for use of the vehicle and appropriate funds to reactivate the program. " ..... MOVED BY VALENZUELA~ SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER REVIEW THIS AND BRING IT BACK AS SOON AS POSSIBLE SO IT CAN BE ACTIVATED~ IF THE VEHICLES ARE AVAILABLE FUNDS WILL BE APPROPRIATED WITH A CAP OF $4~OOO. Mr. MacMurray asked what the status was on the Pedestrian Bridge crossing across the San Jacinto River Mr. Rede will look into the matter and report back to the Council. Mr. Knight asked what the capacity of the well ~ and will it do the job. Mr. Rede reported the quality and quantity of the flow needs to be determined and will report back. Mr. Knight asked the status of the street light at Railroad Canyon Road. Mr. Rubel stated he has not been able to make a determination of whether the city has the necessary materials to build the street light. Mr. Rubel will report back on the street light. The Electronics may have to be bid out. Mr. Knight reported at Pat Lucks Service Station there is a planter in the sidewalk and a person parks vehicles over the sidewalk and works on them. A portion of the sidewalk also needs to be repaired. The same problem occurs at Pioneer Lumber~ in which cars park on the sidewalk. >l...., Mr. Knight asked that the stop signs be enforced and stop signs need to be placed at Ellis and Pottery and at Chestnut. Mr. Knight reported the office trailers are located at the ultralight business and at the Century 21 building. Mr. Rede reported the trailer at the Century 21 location~ appears not to be occupied. " \) u Ct~ Page fourteen City Council Minutes October 12, 1982 REPORTS AND RECOMMENDATIONS Mr. Knight reported at Thee Embers, they have been told the area that was to be a landscaped area within the parking lot, does not have to be installed. What is the time limit for getting the area paved and finished? Mr. Torn stated he was under the impression that the parking lot was to be improved at the same time as the Caltrans improvements take place. Mr. Knight reported the City has five names for a Police Research Committee. 0") ~ t-- 1-::> ~ o Moved by Knight, Seconded by Unsworth that the Committee be directed to look into possibilities of forming our own City Police Department. Mr. Torn stated there are some people who have applied for positions on the committees that he is not familiar with and would like to speak wtih them prior to having them appointed to committees. Mr. Torn also felt the committee should look for the best possible service for the best possible price. This should be a research committee. Mr. Knight and Mr. Unsworth withdrew their motion and second. MOVED BY KNIGHT, SECONDED BY VALENZUELA TO ESTABLISH THE FOLLOWING COMMISSIONS: MOTION WAS CARRIED UNANIMOUSLY. AVIATION COMMITTEE HISTORICAL PRESERVATION COMMISSION ,FIRE RESEARCH COMMITTEE POLICE RESEARCH COMMITTEE PARKS ADVISORY COMMITTEE COMMUNITY CENTER COMMITTEE Mr. Knight asked if the city will be purchasing the triangular piece of property owned by Mr. Shane. Mr. Knight felt this would be a good location for a Welcome to Lake Elsinore sign. Mr. Rede reported the staff has an appraisal on the property and there appears to be a dispute over its value with the property owner. Mr. Knight reported the stop sign at Central needs to be looked into. Mr. Unsworth reported the Sheriff cannot enforce some of our ordinances because of some technicalities. Staff will work with the Sheriff's Department on this matter. Mr. Unsworth stated the Kiwanis Club would like to volunteer their time and install street signs for the city, to enable the city crews to work on more important items. - Mr. Unsworth suggested neighborhoods adopt a park for maintenance purposes. Mr. Unsworth asked if a location has been found for the Handball Courts. Mr. Torn and Mr. Unsworth will be looking into a site for the Courts. Mr. Unsworth stated the roadway the city has abandoned between the frontage road and Mission Trail, the blacktop has been removed, however, people are still using it as a roadway. Is there any liability to the city? Mr. Porter stated if it were vacated, it is private property. The City can barricade the City's property. Mr. Unsworth reported the San Jacinto Bridge has received damage to it as a result of two accidents and it needs to be looked at by the Public Works Department. Staff will look into the matter. Mr. Unsworth reported the frontage road is not striped and feels it should be before the weather becomes bad. There is also an ice machine which has been dumped on Riley. Street which needs to be removed. COUNCIL ADJOURNED INTO CLOSED SESSION TO DISCUSS PERSONNEL MATTERS. AT 12:50 A.M. COUNCIL RECONVENED AT 1:15 A.M. WITH NO ACTION TAKEN. tJuo Page fifteen City Council Minutes October 12, 1982 ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 1:16 A.M. - ATTEST: ,(~~~~~ -- ..... \)\JI CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 26, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:37 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilwoman Valenzuela. ROLLCALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: MAC MURRAY, TORN, VALENZUELA, UNSWORTH ~ ABSENT: COUNCILMEMBERS: KNIGHT ~ ~ Also present were: City Manager Rede, City Clerk Harrington, City Attorney Porter, '~ Community Development Director Trevino, Finance Director Ronnow and Public Works 25 Director/City Engineer Rubel. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: 2, 3, 4 and 6. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. ,"- 1. Minutes: October 12, 1982 - Regular Meeting - Approved as presented. 2. Resolution: Assignment of City.s Mortgage Revenue Bond Entitlement for 1982 to County of Riverside. Removed from the Consent Calendar. 3. Resolution: Geothermal Development Grant - Removed from the Consent Calendar. 4. Contract: Chamber of Commerce - Removed from the Consent Calendar. 5. Agreement for Curb, Gutter, Sidewalk and Paving - 16426 Gunnerson. Approved and authorized City Clerk to record document with the County of Riverside. 6. Acceptance of Elsinore Village Dike Reconstruction - Removed from the Consent Calendar. 7. Claim: Lonnie D. Armant - Rejected and referred to the City Attorney. 8. Miss Spring Pageant Request - March 19, 1983 - Approved. 9. Tri-Valley Family YMCA Request for Pumpkin Hunt - Change of Date. Approved the date change from October 23 to October 30, 1982. 10. Set Public Hearing for Small Cities Community Development Block Grant Program for November 9, 1982. Approved. 11. Set for Public Hearing for Conditional Exception Permit 82-4 on November 23, 1982. Approved. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Resolution: Assignment of City's Mortgage Revenue Bond Entitlement for 1982 to County of Riverside. Mr. Carter asked the Councilor staff to explain this Resolution. Mr. Rede reported the State of California regulates the amount of bonding authority that can be issued to any city or county. The City was entitled to $20 million entitlement. The City had originally made $10 million available to the County of Riverside, in order that they could process for use within our City boundaries. 'iJ {r Page two City Council Minutes October 26, 1982 CONSENT CALENDAR - Continued Items removed from the Consent Calendar. 2. Resolution: Assignment of City's Mortgage Revenue Bond Entitlement for 1982 to County of Riverside. Continued. Mr. Rede stated it does not appear that there would be sufficient call for the use of the bonds in the City. A local developer stated he would be interested in.the.bonds if ~h~ City made them available to the County. Mr. Rede reported thlS wlll not oblllgate the tax payers in the community. Mr. Kulberg stated the funds were set up under the Federal Government, under the 1980 Mortgage Revenue Bond Act and also set up under California Law, Senate Bill 99 and Assembly Bill 1355. This permits home buyers within the City to obtain a lower mortgage revenue bond rate. The Cfty will not lose any entitlement, it helps the city residents to obtain a lower interest rate than they could get in the County area. Mr. Steel suggested the Resolution include Assembly'Bill 1355 within the title. - RESOLUTION NO. 82-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ASSIGNING THE CITY'S ENTITLEMENT AS AUTHORIZED UNDER THE FEDERAL MORTGAGE SUBSIDY BOND ACT OF 1980 AND ASSEMBLY BILL 1355. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED TO APPROVE RESOLUTION NO. 82-74, AS CORRECTED. COUNCILMEMBER TORN ABSTAINED. 3. Resolution: Geothermal Development Grant Mr. Carter asked the Council who proposed this grant application.and asked for further information. ... Mr. Trevino reported that the Geothermal Grant is available by the California Energy Commission for any geothermal activities within regions of California. Mr. Trevino stated he has notices that Lake Elsinore has a lot of mineral water and warm waters. The Energy Commission stated they would be interested in assisting the City in locating some of these waters. Mr. Trevino stated the Commission would like to assist the City by sending a group of experts to the City to assist in the location of the waters. Based upon the findings staff would apply for the grant. This does not insure the grant. Mr. Carter commended Mr. Trevino in his efforts in applying for the grant. RESOLUTION NO. 82-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE GEOTHERMAL RESOURCE DEVELOPMENT ACCOUNT GRANT PROGRAM. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-75. 4. Contract: Chamber of Commerce Mr. Torn stated he felt the Miss Lake Elsinore Pageant was to be deleted from the list of activities approved by the Council for Council appropriated fund support. Mr. Torn further stated on the Promotional Mailings and Color Brochures, there was some discussion of overlapping of efforts on the part of the Chamber of Commerce and the Redevelopment Agency and other agencies and wanted to insure the groups work together with the purpose of promoting the City and would like to see some right of approval on the brochures as the City will be funding a portion of the brochure. Mr. Torn stated he would like a revised contract. ..... MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO APPROPRIATE A $2,000 ADVANCE TO THE CHAMBER OF COMMERCE PRIOR TO RATIFICATION OF THE CONTRACT AND DIRECT STAFF TO COME BACK HITH A NEH CONTRACT AT THE NEXT ~.1EETING . ~.u .".. "V'_I Page three City Council Minutes October 26, 1982 CONSENT CALENDAR - ITEMS REMOVED FROMTHECONSENT CALENDAR. Continued. LQ .X) . l'e -::> o ~ 4. Contract: Chamber of Commerce. Continued. Ms. Valenzuela stated shewas in favor of the Miss Lake Elsinore Pageant, and felt if the Promotion literature was coordinated through the City Manager there may not be any duplication of efforts. Mr. Torn stated he would not have a problem with putting the Miss Lake Elsinore Pageant in with the promotion categories, but wants to insure there is a review process for the promotion material through the Manager's Office. 6. Acceptance of Elsinore Village Dike Reconstruction Mr. Bergman, Chairman of the Lake Elsinore Village stated he has been watching the construction of the Dike and feels the Dike is not completed. Mr. Bergman felt the sand will not hold up and felt a cement layer or solution should be put on it. Mr. Rubel stated a Soils Engineer did indicate that the soil was compacted according to the specifications of the Dike. Mr. Rubel stated he is preparing a report to the City Council on soil erosion control. Mr. Getts, stated he felt the Dike was not completed, the sand will not hold up during the rain. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO ACCEPT THE ELSINORE VILLAGE DIKE RECONSTRUCTION PROJECT; AUTHORIZE FINAL PAYMENT TO M.B.C. CONSTRUCTORS, LTD, IN THE AMOUNT OF $48,075.43; AUTHORIZE THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION: AND FURTHER AUTHORIZE PAYMENT I TO M.B.C. CONSTRUCTORS, LTD. OF THE 10% OR $9,601.81, WITHHELD AFTER 35 ~ I DAYS FROM THE DATE OF RECORDING NOTICE OF COMPLETION. I PUBLIC HEARINGS [31. Zone Change #82-6: Campion and Associates - 40 acres north of Railroad Canyon Road, south of Canyon Lake. Mayor Unsworth announced that this was the time and place for a public hearing on Zone Change #82-6. Mr. Trevino gave background information on the proposed Zone Change #82-6, stating the Planning Commission reviewed the proposal to bring the recently approved Tentative Tract Map #18509 into conformance with the City's General Plan and Zoning Ordinance. Mr. Trevino stated the proposal would be the first to zone change property to LOR (Low Density Residential). Tract #18509, with lots ranging in size from 2.1 to 11.5 acres would be protected from future subdivision activity and other uses not permitted in the Low Density Residential Zone. The impact of this zone change is minimal at this stage since this action will conform to the already approved subdivision. Mayor Unsworth opened the public hearing at 8:11 p.m. asking if anyone would like to speak in favor of the project. Mr. John Fredrick, Boyle Engineering, offered to answer any questions of the Council regarding the project. Mayor Unsworth asked if anyone would like to speak in opposition to the proposed zone change. No one asked to speak. Mayor Unsworth closed the public hearing at 8:12 p.m. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE PLANNING COMMISSION RECOMMENDATION ON ZONE CHANGE 82-6 SUBJECT TO THE FOLLOWING CONDITIONS: 1. ADOPTION OF AN ORDINANCE ENACTING THE ZONE CHANGE. 2. A FINDING OF CONFORMITY TO THE PRESENT AND PROPOSED GENERAL PLAN. 3. A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT. 4. ISSUANCE OF A NEGATIVE DECLARATION. !OIU Page four City Council Minutes October 26, 1982 PUBLIC HEARINGS - Continued. 32. Conditional Exception Permit #82-3: Campion and Assiciates - 40 acres north of Railroad Canyon Road, south of Canyon Lake. Mayor Unsworth announced that this was the time and place for a public hearing on Conditional Exception Permit #82-3. Mr. Trevino reported the Conditional Exception Permit will enable Tract #18598 to exceed the maximum slope requirements of the City's Grading Ordinance. Tract 18598 proposes a_fill slope of approximately 112 feet in height;and a . cut,~f 35 feet. Section 15.64.060 of the Grading Ordinance prohibits cut : _or flll slopes exceeding 30 feet vertical height. This proposal was originally reviewed by the Design Review Board, who felt that available information and state requirements would enable the proposed fill slope to be constructed safely. -- Mayor Unsworth opened the public hearing at 8:14 p.m~ asking iT anyone would like to'speak in favor of the proposed conditional Exception Permit #82-3. Mr. John Fredrick, Boyle Engineering, offered to answer any questions regarding the project. Mayor Unsworth asked if anyone would like to speak in opposition to the proposed project. No one asked to speak. Mayor Unsworth closed the public hearing at 8:15 p.m. Mr. Torn expressed concern that only 60% of the slope would be landscaped, he would be in favor of 100% of the slope being landscaped. Ron Garcia, property owner, stated the 60% landscaping requirement would eventually cover 100% of the slope. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL E~CEPTION PERMIT #82-3, WITH ITEM NUMBER THREE (3) READING THAT THERE WILL BE 60% COVERAGE OF 100% OF THE CUT AND FILL SLOPES. BUSINESS ITEMS .... Off-Agenda Item - Veterans Parade Mr. Unsworth announced there was an off-agenda item regardi ng the Veterans Parade and asked a representative o~ the Veterans of Foreign Wars to address the Council. Archie Johnson, Senior Vice-Commander of the Veterans of Foreign Wars, stated he had been asked to sponsor the Veterans Parade this year. They are trying to make this a community event. Mr. Johnson has been in contact with the Chamber of Commerce on the parade. The Veterans will be responsible for the barracading of the streets and detour signs. Mr. Rede suggested the Veterans contact the Downtown Business Association and coordinate the closing of the streets and posting of the notices of the upcoming parade. Mr. Rede suggested the Veterans follow the procedures set down between the City and the Chamber of Commerce in relation to parades. Ms. Valenzuela made an appeal- to the public to get behind the parade and honor the people who have protected our Country. Discussion was led on the insurance coverage for the parade with the City Attorney stating he would consult with the Veterans and determine if their coverage would be adequate, if it is not, then the Attorney will suggest an appropriate amount. -- MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE - REQUEST FOR PARADE PERMIT SUBJECT TO THE VETERAN'S ORGANIZATION FOLLOWING THE PARADE RULES THAT HAVE BEEN AGREED TO BY THE CITY AND THE CHAMBER OF COMMERCE AND THAT NO STREETS BE BARRACADED SOONER THEN 30 MINUTES BEFORE THE PARADE AND THAT THE DOWNTOWN BUSINESS PEOPLE BE CONTACTED BY THE CHAIRMAN OF THE PARAD[. STAFF RECOMMENDATION REGARDING THE CITY ATTORNEY CONSULTING THE VETERANS TO DETERMINE IF THEIR COVERAGE HOULD BE ADEQUATE, IF IT IS NOT, THEN THE CITY ATTORNEY WILL SUGGEST AN APPROPRIATE AMOUNT. Council concurred to break at 8:28 p.m. and reconvened at 8:35 p.m. ill ~ Page five City Council Minutes October 26, 1982 LO YJ it-- -:> o ~ BUSINESS ITEMS - Continued. 51. Plot Plan for Auto Dismantling Yard - Southwest Corner of Riley and Minthorn Mr. Trevino reported the Planning Commission has recommended den~a1 of the application based upon development within the 100 year flood p1aln, and incompatibility with the Rede~e1~pment P1~n and Redeve10~men~ Agency standards. The Planning Commlsslon's reVlew of the app11catlo~ was based upon: (1) The status of the existing structure, (2) Flood P~aln managem~nt ordinances (3) View of the operation from 1-15, a state deslgnated Scenlc Highway, a~d (4) Redevelopment Agency standards and ~equir~ments.. In addition, the Commission reviewed the concerns of nelg~borlng buslness property owners and the Community Development Corporatlon. Mr. Trevino further reported the Commission was concerned that the approval of this proposal would be detrimental to the goals of the Redevelopment Plan and would undermine the standards provided by the new, Thermal Electronics building. The proposal's exterior wall material, (corrugated tin), is specifically disallowed by the Redevelopment Agency's adopted development standards. The City Clerk read two letters from the Community Development Corporation and Quality Boring Co., Inc. both in opposition to the Dismantling Yard. Ms. Valenzuela stated this dismantling Yard wQuld be modeled after a Yard in Santa Ana which is computerized and specializes in Porche's. Mr. Torn felt the proposal does not meet the Redevelopment Agency standards and feels the City should not encourage this type of business. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED TO DENY THE PROJECT. ,.-. AYES: NOES: ABSENT: MACMURRAY, TORN, UNSWORTH VALENZUELA KNIGHT 52. Elimination of Eight (8) Required Uncovered Parking Spaces in Connection with Proposed ten (10) Four-p1ex Apartment Buildings. Mr. Trevino reported at the regularly scheduled meeting of October 19, 1982, the Planning Commission, acting as the Design Review Board, reviewed the applicant's design and elevation plans for a ten (10) four-plex apartment complex located on Limited Avenue between Poe and Lindsay Streets. Mr. Trevino stated during the review of this proposal, there were several comments from the public regarding the number of dwelling units per acre and their possible impaction. Valid points were made regarding the need to change the design and add more play areas for children. Consensus of the Commission indicated that although the applicant met the strict and legal interpretation of the Code, perhaps more amenities might be in order. However, these could not be provided because of the limited space available. It was, therefore, decided by the Design Review Board that deletion of eight (8) required parking spaces could be done and, in this area, additional play area for children could be provided. Gary Wayne, Butterfield Equities, 30650 Dryden Street, Lake Elsinore, stated ~ his firm had presented the project to the Design Review Board.and there was concern that there would not be enough recreation for small children within the tract. There was discussion regarding the ultimate planning for the area and there being public park facilities within walking distance of the site. The Planning Commission with concurrance by Butterfield Equities agreed that if it were necessary they would provide some additional play space on site however, it would require the deletion of some parking spaces. Discussion was led on the size and location of the play areas. The play areas will be located between the garages in the rear. There will be two play areas 26' x 29' and one play area 32' x 30'. Moved by Torn, Seconded by Valenzuela with no vote taken to delete the six (6) parking spaces and turn them into play areas and that the applicant be responsible for their maintenance. t11~ Page Six City Council Minutes October 26, 1982 BUSINESS ITEMS - Continued. 52. E~imination of Eight (8) Required Uncovered Parking Spaces in Connection wlth Proposed ten (10) Four-plex Apartment Buildings - Continued. Mary Hudson, 105 Grande Paseo, San Rafeal, part-owner of property adjacent to the project. Ms.Hudson stated she did speak at the Planning Commission hearings, and it was her understanding that a variance such as this, requires a public hearing and notice period, publication and tentative notice period, and further stated she felt the Council may be acting in excess of authority. Mr. Porter stated he would need to review the procedure, normally conditional use applications and conditional exception requests do require a public notice' and public hearing. ..... Ms. Hudson stated that Section 17.92.010 read together with 17.76.010 and 030 provides that notices be publicized and that this Conditional Exception Permit may be of interest to the adjacent property owners. Mr. Torn asked if this had to do with the parking ordinance. Mr. Porter stated that the spaces are required under the parking ordinance, but the procedures for varying from the ordinance are provided under the Conditional Exception Procedure. Gary Wayne, Butterfield Equitles, stated that if this is a problem, there was a public hearing at the commission meeting last week and the public was pre- sented with the opportunity to make their comments, and if there is a problem with this technicality he would request denial and they will put in the parking spaces. Mr. Trevino stated if there is a problem with this being duly noticed, the applicant has met the strict and legal interpretation of the code.and has the alternative to go ahead and not hear this and build it as it was originally proposed. ... Ms. Hudson stated the Planning Commission took action to approve this in a contingent way, the Planning Commission requested this change in the parking spaces, it was not at the applicant's request, the approval of the project included that request. Ms. Hudson stated the project is basically a housing project and it affects the adjacent landowners as well as the community as a whole. Ms. Hudson stated she has had experience in low and moderate income housing project in tbe recent past. She is in favor of low and moderate income housing projects however she felt this housing project has some very bad things about it. Ms. Hudson stated the project is too dense, and would not be permitted under the new General Plan which is about to be adopted. Ms. Hudson stated he was her intention to appeal this project, if the City Council does not review this project under its own motion, in light of the new proposed General Plan and the policies that are at issue here.. Mr. Rede suggested that an Executive Session may be in order between the City Council, City Attorney and Mr. Trevino in view of the fact that legal action may be taken on this matter. i COUNCIL ADJOURNED TO EXECUTIVE SESSION AT 9:08 P.M. COUNCIL RECONVENED AT 9:17 P.M. WITH THE FOLLmJING ACTION BEING TAKEN. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY THAT NO ACTION BE TAKEN ON THE PLANNING COMMISSION REQUEST TO VARY FROM THE PARKING ORDINANCE BECAUSE PROPER PROCEDURES WERE NOT FOLLOWED IN THIS REQUEST. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY THAT WE AUTHORIZE AN AGREEMENT BETWEEN THE CITY AND BUTTERFIELD EQUITIES FOR THE INSTALLATION OF THOSE PARKING SPACES AT A FUTURE TIME. .... - ~ r-.. ~ ''':) ~ - ....... ~l~ Page Seven City Council Minutes October 26, 1982 BUSINESS ITEMS - Continued. 53. Citizen Request: Charles Sisco, YMCA regarding recreational programs at Lake Community Center. Lin Keiser, Executive Director of the YMCA, offered to answer any questions about the letter the Council received. Mr. Rede reported the Board of Directors of the YMCA would be interested in providing recreational services in the Community Center in exchange.for the YMCA paying for the utilities of the Community Center, thus maklng the Center self-sufficient with a possibility of splitting some of the revenues which would be generated. Mr. Rede stated staff and the YMCA would like to obtain some direction from the City Council if the Council would be interested in having staff negotiate an agreement, what would be the types of programs at the center and what would be the perimeters by which an agreement could be worked out. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE, IN CONCEPT, THE IDEA OF THE YMCA OPERATING THE CENTER AND THE PROGRAMS AT THE COMMUNITY CENTER FOR THE CITY- AND DIRECT STAFF TO START GENERATING SOME PRELIMINARY DISCUSSION WITH THE YMCA. 54. Citizen Request: Jacques Istel - Potential Economic Projects Mr. Unsworth reported that Mr. Istel has been an unofficial representative of the City to some foreigh countries and did deliver a letter from the City under the Mayor's signature giving his status as an un0fficial representative of the City. Mr. Istel would like to make a report on his trip. Mr. Jacques Istel stated he will be investing in additional landscaping __ in the airport and would like the city to continue cleaning up after the flood of 1980. Mr. Istel proposes by the Spring to have a restaurant on the site. and after the restaurant has been built, he proposes to start a SkyWorld Lake Elsinore Mr. Istel ,thanked the Council for the letter which he had taken to Europe and reported that their aim has been to offer the use of land free to one or two friendly countries and inexpensively to othe'r countries in order to induce them to build permanent exhibits of their countries' culture and products at the Lake Elsinore Airport. Mr. Istel presented the Council with a copy of the site plan prepared by the Department of Architecture, California Polytechnic University. - Mr. MacMurray reported that ,Mr. Istel will be listed in the next edition of Who's Who in the World, and commended Mr. Istel regarding his accomplishments. 55. Slavick Request for extension of time to operate Incidental Camping Area. Ms. Valenzuela asked to be excused from the matter due to a conflict of interest. Mr. Trevino gave background information on the Incidental Camping Area, stating after a number of study sessions regarding the lake perimeter, prior to the month of March, 1982, staff was directed by Council to further the actions for control, part of which was to contact owners, Oma Slavick and son Erv, and see if they would be amenable to bringing their application for an Incidental Camping Area back to the City Council for re-consideration. Council approved the request for one summer only and if continued use beyond October 31, J982, was desired, then full Conditional Use Permit procedures would be followed and all applicable fees paid. The owners and Engineers are now requesting extension for both Conditional Use Permit #78-1 (approved on June 12, 1978), and Incidental Camping Use due to expire on October 31, 1982. Ms. Slavick, owner of the park, stated she has invested a considerable amount of money into the park. Ms. Slavick reported that her Engineers have been working on the Conditional Use Permit Plans which need to be revised as a re- sult of the 1980 Floods and because of this would like the Incidental Camping Permit extended. as well as the Conditional Use Permit. Meryl Shulze, Neste Burden & Stone, Engineer for Ms. Slavick, reported he has been working on the plans for the Conditional Use Permit and asked for a time extension on Conditional Use Permit. ilJ4 Page Eight City Council Minutes October 26, 1982 BUSINESS ITEMS - Continued. 55. Slavick Request for extension of time to operate Incidental Camping Area - Continued. Staff recommended Council take two separate actions on the Incidental Camping Extension and Conditional Use Permit Extension. MOVED BY MACMURRAY. SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO TABLE THE REQUEST FOR EXTENSION ON THE CONDITIONAL USE PERMIT UNTIL A FULL COUNCIL IS PRESENT (NOVEMBER 9, 1982). MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO TABLE THE REQUEST FOR EXTENSION ON THE INCIDENTAL CAMPING PERMIT REQUEST UNTIL A'FULL COUNCIL IS PRESENT (NOVEMBER 9, 1982). ...- 50. Public Safety Fees Mr. Porter reported that the City Council has been concerned about police and fire services that it provides to the citizens by contract with the County of Riverside. Mr. Porter discussed the Standby Charges, Special Taxes and Proposition 4. Mr. Porter reported that either the Standby Charge or the Special Tax procedure will provide the City with much needed revenues for public safety purposes, at rates which must be approved by 2/3 vote. Mr. Porter recommended the Council authorize staff to obtain proposals from engineering consultants and special counsel concerning standby charges and special taxes for fire and police services. Mr. Porter felt the financial impact for this would be between $25,000 and $35,000. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO SOLICIT PROPOSALS FOR ENGINEERING CONSULTANTS AND SPECIAL COUNSEL CONCERNING STANDBY CHARGES AND SPECIAL TAXES FOR FIRE AND POLICE SERVICES. .\ , . .'1 Discussion was l~d on preparing a policy resolution establishing a justification for the fee to be established. ,Discussion was led on the fee being based on . mitigation of the impact. -- MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY THAT THE PLANNING DEPARTMENT BE DIRECTED TO ESTABLISH A FORMULA AND PROJECTED FEES FOR BOTH POLICE AND FIRE PUBLIC SAFETY FEES. 57. Tract #18239, Approval of Final Map on Joy Street Mr. Rubel recommended approval of the final map of Tract 18239, accept the street as shown on the map for public purposes and approve the revision of Tentative Tract Map Condition No. 1 from "Dedicate to provide for 32 foot half street to Dedicate to provide 30 foot half streetll. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE TRACT MAP #18239. 58. Ordinance No. 660 - Second Reading pertaining to Sewer Service. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 660. ORDINANCE NO. 660 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NUMBER 563, SECTION 1 AND 627, SECTION 4 (PART) AND LAKE ELSINORE MUNICIPALE CODE SECTION 13.26.170 TO PERMIT SEWER SERVICE CHARGES TO BE ESTABLISHED BY RESOLUTION FOR VARIOUS CATEGORIES OF SERVICE. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 660. AYES: MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: KN IGHT ... t:Jl~ Page Nine CITY COUNCIL MINUTES October 26, 1982 BUSINESS ITEMS - Continued - 59. Resolution: Revising Sewer Rates Mr. Rede recommended the Council approve the resolution setting the sewer rates to be in conjunction with the previously passed Ordinance. The rates will go into effect on December 1, 1982. RESOLUTION NO. 82-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REVISING SEWER SERVICE CHARGES AND RATES. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-77. 60. Ordinance No. 661 - Second Reading pertaining to Bingo Definition ...Q x, ~ -:> ~ - MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 661. ORDINANCE NO. 661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION ONE OF ORDINANCE 564 AND LAKE ELSINORE MUNICIPAL CODE SECTION 5.29.020, EXPANDING THE DEFINITION OF BINGO. r-- MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 661. AYES: MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 61. Ordinance No. 662 - Second Reading pertaining to Zone Change #82-7. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 662 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM C-l (LIMITED COMMERCIAL) TO C-2 (GENERAL COMMERCIAL) AND FROM C-2 (GENERAL COMMERCIAL) TO C-l (LIMITED COMMERCIAL). MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED TO APPROVE THE SECOND READING OF ORDINANCE NO. 662. AYES: MACMURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: KN IGHT ,.-. PUBLIC COMMENTS Guy Taylor stated he was to be on the agenda and asked when he would be on the City Council Agenda. Staff will notify Mr. Taylor when he will be on the agenda. REPORTS AND RECOMMENDATIONS Off-Agenda Item - Redevelopment Project Area Mr. Rede reported the Council, at the October 12th. City Council Meeting, staff was directed to prepare the appropriate maps and resolutions to establish a survey area for the 1,000 acre property owned by ABC Heritage Company located westerly of Canyon Lake in the northerly part of the City limits. Mr. Rede reported the initial step which is required, is that the City Council needs to designate a survey area ~nd then the Planning Commission needs to make a finding that such a project area 1S reasonable and in compliance with the State Redevelopment Laws. "Jt) Page ten City Council Minutes October 26, 1982 REPORTS AND RECOMMENDATIONS Mr. Rede recommended the Council approve the Resolution establishing the survey area and City Council authorize preparation of a milar face map which would be required for later presentations and documentation. The total cost of the maps would not exceed $400.00. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION. .... Mr. Rede suggested the Council schedule a study session on October 27th at 7:30 p.m. to discuss Community Development Block Grants. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO SET THE STUDY SESSION AS RECOMMENDED BY STAFF. Staff was instructed to place a notice of the study session on the bulletin board at City Hall. Mr. Porter recommended the Council hold a Closed Session prior to adjourning the meeting regarding personnel matter. Mr. Torn cautioned parents on Halloween Night, recommending the parents set a curfew, go with their children to all doors and inspect the candy collected before giving it to their children. Ms. Valenzuela asked what the status was on the tree trimming project on Collier. Mr. Rubel stated he has contacted Caltrans regarding the matter. Mr. Unsworth asked if there was any interest on the part of the Council to adopt a resolution similar to the City of Compton pertaining to support of an independent judiciary court. No interest was expressed by the Council. Ms. Valenzuela stated she has received an appeal for a LETS Stop at the Medical Center at Lakeshore and would like to refer this to staff. Mr. Rede reported this has been referred to the LETS Coordinator, Public Works Director and Planning Department. A recommendation will be coming back to the Council. Council adjourned to Closed Session at 10:25 p.m. to discuss personnel and 1 itigation. Council reconvened at 10:37 p.m. with no action taken. -- ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN AT 10:38 P.M. ATTEST: ,~~~~ -- 31' CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 9, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER I The regular meeting of the City Council was called to order at 7:35 p.m. by Mayor ! Unsworth. - ,..-. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Torn. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILEMMBERS: NONE J'J t-- t-- '"'":) ~ -.. - Also present were: City Manager Rede, City Clerk Harrington, City Attorney Porter, Community Development Director Trevino, Finance Director Ronnow and Public Works Director/City Engineer Rubel. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: . 5, 6, and 7. Mr. Porter asked that Item #7 be continued to the November 23, 1982 meeting. .. MOVED BY TORN, SECONDED BY MACMURRAY AND tARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. --- 1. Minutes: October 26, 1982 - Approved the minutes as pr~sented. 2. Warrant List - October, 1982 - Approved warrant numbers 17122 through 17214 in the amount of $209,182.33. 3. Senior Home Repair Program Agreement with Riverside County: Approved agreement between the City of Lake Elsinore and the Riverside County Housing Authority for the reinstatement of the Senior Home Repair Program, subject to the City Attorney's approval and appropriated $5,750 from the General Fund to fund the program until June 30, 1983. 4. Sewer Reimbursement Agreement - Mrs. Neville Martin: Authorize the Mayor to execute the Sewer Reimbursement Agreement. 5. Chamber of Commerce Contract: Removed from the Consent Calendar for further discussion. 6. Mortgage Revenue Bond Allocation Application Resolution: Removed from the Consent Calendar for further discussion. ~ 7. Claim: General Telephone Company - Removed from the Consent Calendar for further consideration at the November 23, 1982 City Council Meeting. 8. Animal Control Monthly Report - October, 1982: Accepted as an informational item. 9. Building Monthly Activity Report - October, 1982: Accepted as an informational item. 10. Fire Safety/Housing Monthly Report - October, 1982: Accepted as an informational item. 11. Set for Public Hearing: A. Conditional Use Permit #82-9 -set for public hearing on December 14, 1982. B. Tentative Parcel Map #18811 - set for public hearing on December 14, 1982. .11 n. Page two City Council Minutes November 9, 1982 CONSENT CALENDAR - Continued. Items removed from the Consent Calendar for further consideration. 5. Chamber of Commerce Contract Ms. Valenzuela asked this item be removed from the Consent Calendar and asked the Miss Lake Elsinore Pageant be reinstated into the Contract. Ms. Valenzuela stated the Pageant is not just a beauty pageant, Miss Lake Elsinore represents the City at local functions, the contest is not based on beauty alone. Mr. Carter asked what the purpose of the contract was with the Chamber of Commerce. ..... Mr. Rede reported the City contracts with the Chamber of Commerce to promote the City of Lake Elsinore. The Chamber provides specific projects for the city such as the Fontier Days Parade, Christmas Parade, Veterans Day Parade, (which was sponsored by the Veterans of Foreign Wars this year through cooperation with the Chamber of Commerce), July 4th & Centennial Day Fireworks, Promotional Mailings and Color Brochures. . Kay Jordon spoke in favor of the City supporting the Miss Lake Elsinore Pageant and reported on some of the functions past Miss Elsinore's have attended. Mr. Torn spoke against the City funding the Miss Lake Elsinore Pageant, stating the City should not monetarily support beauty pageants. .' MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED TO APPROVE THE CONTRACT FOR THE CHAMBER OF COMMERCE PROVIDING THE $500.00 IS CHANGED BACK FROM THE COLOR BROCHURES TO THE MISS LAKE ELSINORE PAGEANT. COUNCILMEMBER TORN VOTED NO. 6. Mortgage Revenue Bond Allocation Application Resolution Mr. Carter asked this item be removed from the Consent Calendar for additional --- information. Mr. Rede explained the resolution stating the City wants to secure a spot on the priority list. The City is requesting allocation of $100 million and will have until January 21, 1983 to certify its possession of the $500,000 (1/2 of 1%) committment fee. This will authorize the city to issue Mortgage Revenue Bonds for the purpose of developing residential projects. The City's credit will not be encumbered due to the application. This will not be a debt to the City. The loans will be secured by real property. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-78. RESOLUTION NO. 82-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING AND DIRECTING THE CITY MANAGER TO TRANSMIT A SUB- MISSION INFORMATION FORM TO THE MORTGAGE BOND ALLOCATION COM- MITTEE. PUBLIC HEAR INGS .~ 31. Conditional Use Permit #82-8: Request to use a 12' x 60' trailer as an Office at 109 S. Lowell Street. ..,..;i Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of St. Francis of Rome for a Conditional Use Permit to use a 12' x 60' Trailer as an Office at 109 S. Lowell Street. Mr. Trevino reported the conditional use permit proposes to utilize a trailer as a temporary office facility. The 12' x 60' trailer is to contain five offices and would be p1 aced adjacent to the northern boundary of St. Franci's Church property in an area that is presently utilized for parking. Mr. Trevino stated the Planning Commission recommends approval of the CUP subject to the four conditions. 31M Page three City Council Minutes November 9, 1982 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit #82-8 - Continued. Mayor Unsworth opened the public hearing at 7:57 p.m. asking those in favor of the Conditional Use Permit #82-8 to speak. No one asked to speak. ~r-- Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Use Permit. No one asked to speak. Mayor Unsworth closed the public hearing at 7:58 p.m. .:J"J I"- t-- , '"":) .~ ~. c- I \, r- \ l - . MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE ~ONDITIONAL USE PERMIT #82-8, WITH THE' FOLLOWING FOUR CONDITIONS: .1. Approval shall be for a period Of one (1) year at which time applicants may request a yearly review until the. fifth (5th) year at which ti~e the Conditional Use Permit will expire. 2. Issuance of a Categorical Exemption. 3. A finding of conformance to the existing and proposed General Plan. 4. Trailer to be fully skirted and maintained. "'.~.'.~.. . , . . 32. 1982-83 Small Cities Community Development Block Grant Mayor Unsworth announced this was the time and place for a public hearing; to receive public input on the 1982-83 Small Cities Community Development Block Grant Application. Mr. Steel gave background information on the grant application stating as a result of the study session held on 'October 27, 1982, staff will be preparing an application for the following projects: 1) Commercial Rehabilitation Revolving Loan Fund; 2) Property Acquisition and/or Site Improvements; 3) Parking and 4) Administration. Staff recommended the Council receive public input and direct staff to finalize the application. Gary ~Jashburn, representing the CDC and LDC,felt to make a competitive project, the City should identify the Community Development Corporation and Local Development Corporation within the project application to strengthen the proposal package. Mr. Washburn felt the CDC and LDC could provide more flexibility according to HUD regulations with a portion of the funding. Mr. Washburn felt the project would be more durable and competitive overall and could channel the money through a non-profit organization as a revolving loan fund to the Downtown Business Association, rather than through a legis- lative branch. No one else asked to speak regarding the Community Development Block Grant. Mayor Unsworth closed the public hearing at 8:09 p.m. MOVED BY KNIGHT, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO FINALIZE THE APPLICATION. 33. Special Channel Weed Abatement and Resolution Initiating a Special Channel Heed Abatement. Mayor Unsworth announced this was the time and place for a public hearing on a Special Channel Weed Abatement Program. Mr. Rubel stated at least one property owner did not receive a proper notice of the Public Hearing which was held on October 12, 1982. Staff is carefully rechecking all the other parcels and will send another notice, if the first notice was incorrect. Mayor Unsworth opened the public hearing asking those in favor of the project to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the weed abatement project. No one asked to speak. Mayor Unsworth closed the public hearing at 8:09 p.m. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO ORDER THE DIRECTOR OF PUBLIC WORKS TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH, REFUSE AND DIRT REMOVED PURSUANT TO RESOLUTION NO. 82-68 .'320 Page four City Council Minutes November 9, 1982 PUBLIC HEARINGS I I I: 'i I 33. Special Channel Weed Abatement and Resolution Initiating a Special Channel Weed Abatement. Continued. RESO~UTION NO. 82- 79 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN NOXIOUS OR DANGEROUS WEED, EXCESS GROWTH,RUB~ISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED MATERIALS AS DEFINED IN SECTION 39590 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE NO. 532 CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDNANCE WITH CHAPTER 13, PART 2, DIVISION 3 OF TITLE 4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDINANCE NO. 532, AND PROVIDING FOR A HEARING ON OBJECTIONS,.TOGETHER WITH THE FILING OF COST REPORTS AND ASSESSMENT AGAINST ABUTTING PROPERTY OWNERS. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-79. 34. Draft General Plan Unsworth announced this was the time and place for a public, hearing on the Proposed Draft General Plan Amendment. Mr. Trevino recommended the City Council receive public comment on the proposed General Plan Amendment. Mr. Trevino reported, the Planning Commission has finished their review of "the proposed General Plan. The Commission held numerous study sessions as well as required public hearings. Emanating from the study sessions and public hearings, the Council received the Draft General Plan Land Use Map and Draft General Plan Text. . The City Clerk read letters from the following: Stephen J. Manfredi to City Manager in opposition to the down-zoning of parcel number 379-050-003-5. Stephen J. Manfredi to City Attorney in opposition to the down-zoning of parcel number 379-050-003-5. C.A.C. Realty, (Lawton L. Tabor, Corinne A. Carpenter, Joan Elliston), representing parcel numbers 373-203-001 and 373-204-003, requesting R-3 zoning for the property. Richard D. Murphy, Realty Center, requesting high density for apartments and condominiums for the area North of 1-15 between Franklin and Main Streets. Elbert Smith, request time to speak on the November 9th City Council Agenda. Pimberton, Olsen, Sanders, Rowe, Neuman, Coibelt, representing the Machado Pines, requested the area northwest of the County line intersecting Lakeshore Drive just south of Wise Street be excluded from the commercial zone. It was requested that the Machado Pines subdivision consisting of 11 acres be classified as low density residential. It was further requested that the areas deleted from the commercial zone (Lakeshore Drive just south of Wise Street) be classified low density residential. J. A. Istel, requesting a Specific Plan Area for the 273-acre Lake Elsinore Airport. Mayor Unsworth opened the public hearing at 8:28 p.m. asking those in favor of the Proposed Draft General Plan to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the Draft General Plan. ""'" WfII1/IIIf ..II .- f l. ~ l'- r-- '~ o o --- r - (\ l t):lIll Page five City Council Minutes November 9, 1982 PUBLIC HEARINGS - Continued. 34. Draft General Plan - Continued. Robert C. Happs, 2230 Encinitas Blvd., Encinitas, spoke in opposition to the General Plan because it down-zones his property located on the corner of Lakeshore Drive and Machado Street. Mr. Happs asked that his property re- main commercial. Mr. Happs stated the surrounding properties are commercial with businesses established. Mr. Happs stated there will be a conditional use permit issued for a gas station. He would like the property left commercial. Mr. Trevino clarified that Mr. Happs has a conditional use permit application on file with the Planning Department, the permit has not been issued. Danny Vail, 17550 Grand Avenue, Lake Elsinore, has seven acres zoned commercial and would like it left commercial. The property is located on Machado and Lakeshore Drive. Elbert Smith, 5241 Mar View, La Palma, has property located on Lakeshore Drive, between Riverside Drive and Machado Street and requested his property be zoned commercial in the General Plan. Mr. Smith bought the property commercial and requested the Council keep the property zoned commercial. Richard Brechtel, 313 Granite, asked his property remain commercial. The property is located behind Machado Pines. Oma Slavick, 1944 North Tustin, Orange, owns property located at Lehr and Riverside Drive and asked what will the zoning classification be for the property. Ms. Slavick also asked what the zoning designation would be for her property located across from Manning Street. Mr. Henshaw stated the property located at Lehr and Riverside would be Residential, Low Density, and the property located across from Manning Street would be designated as impact sensitive because it is in the 100 Year Flood Plain. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE THE PUBLIC HEARING TO NOVEMBER 23, 1982. COUNCIL ADJOURNED AT 8:50 P.M. COUNCIL RECONVENED AT 9:13 P.M. BUSINESS ITEMS 51. Slavick Request for Extension on Conditional Use Permit and Incident al Campi ng Permit. Ms. Valenzuela asked to be excused from this item because it was a conflict of interest. Mr. Trevino gave a brief background on the requests for extension of time on Conditional Use Permit and Incident al Camping Permit. Council concurred to hold the requests separately. Mrs. Slavick stated in June, 1978, she obtained a Conditional Use Permit for a Recreation Vehicle Park. Mrs. Slavick reported that due to the level of the lake, she would need to submit an amended plan for the RV park and would like an extension of time also. Mrs. Slavick stated she would like to be able to solicit for memberships for the park. Merle Schultz, Neste, Brudin & Stone, representing M~s. Slavick, stated M~s. Slavick contacted his firm regarding the refiling of her conditional use permit. Mr. Schultz asked the Council to grant the extension. Mr. Torn felt if the Council approved the extension, additional conditions may be necessary due to the changes in the plans. Mr. Torn stated because Mrs. Slavick was a flood victim he would like all fees waived and Mrs. Slavick reapply for a new Conditional Use Permit. tJ~z Page Six City Council Minutes November 9, -1982 BUSINESS ITEMS - Continued. 51. Slavick Request for Extension of Conditional Use Permit and Incidental Camping Request. Continued. Conditional Use Permit Request - Continued. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED TO DENY THE REQUEST FOR EXTENSION WITHOUT PREJUDICE AND DIRECT THE OWNERS TO FILE FOR A NEW CONDITIONAL USE PERMIT AND ALL APPLICABLE FEES TO BE WAIVED. .".,J AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, MAC MURRAY, TORN UNSWORTH NONE VALENZUELA Mr. Porter reported the City Council has the discretion to extend the map or ask that a new application be filed. The new filing needs to go through the public hearing process and possibly new conditions will be placed on the project. Mrs. Slavick stated each year she must go before the Real Estate Commissioner and pay $100.00 for the right to receive memberships. She stated that, by having to come back with a new Conditional Use Permit instead of an amended plan, she may have to apply for the right to sell memberships allover again. The attorney's fees were $8600.00 for the permit. The attorney's fees for the Real Estate Commissioner were $5100.00. Mrs. Slavick reported she contacted Mr. and Mrs. Mueller after talking to Mr. Knight, and Mr. and Mrs. Mueller did go to the property, put up a sign that the property was closed. Some of the people left, some stayed and took down the signs. Council asked Mrs. Slavick if she would close all the lanes leading to the property, place locks on the gates or chains, and provide the necessary people with keys who will need to service the area. Mr. MacMurray suggested the Incidental Camping Request be extended on a monthly basis. Mr. Porter reported that staff presently has the right to shut down the camping area if the conditions of the permit are not met. Mr. Unsworth asked staff if all the original conditions of the incidental camping permit have been met. Mr. Trevino stated it appears from staff and inspections of the zoning enforcement officer that not all of the conditions have been met. -" Mrs. Slavick felt Mr. Trevino was referring to the Hold Harmless Agreement which Mr. Frazier asked her to sign for the Fire Department. The Fire Department told Mrs. Slavick they did not want a Hold Harmless Agreement. As a result, Mr. Frazier prepared an agreement holding the city harmless and it was signed. Mrs. Slavick stated the condition referring to the Dump Station was unnecessary, as a result of speaking to the Health Department, because of the conditions under which the park was being used. The barb wire fence has been replaced by the cable. .-- I \ ~ r-- t-.. ''"'':) ~ o -- ~ c- - l B~;! Page seven City Council Minutes November 9, 1982 BUSINESS ITEMS - Continued. 51. Slavick Request for Extension on Conditional Use Permit and Incidental Camping Permit - Continued. Incidental Camping Permit - Continued. Moved by MacMurray, Seconded by Knight with no action taken, to allow an extension of time not to exceed October 31,1983, with monthly inspections. Ayes: MacMurray, Knight Noes: Torn, Unsworth Abstentions: Valenzuela Mr. Knight asked Mrs. Slavick when she anticipated construction of the Recreational Park to be completed. Mrs. Slavick replied she will have plans in by May of 1983, with construction to be completed by June of 1984. Mr. Torn felt if the Council approves the extension of time, it would only be due to the property being in a cleaner condition. Mr. Torn also expressed con- cerns over traffic problems due to the park. Moved by Unsworth, Seconded by MacMurray with no action taken that the extension of time be allowed not to exceed six (6) months with monthly inspections. Ayes: Noes: Abstentions: Unsworth, MacMurray Torn, Kni ght Valenzuela Mr. Porter advised that with no action taken to extend the Incidental Park, the Park is officially closed. 52. Request for Extension of Time - Tract #14639 Mr. Trevino reported Tract #14639 is a subdivision of 37 acres into 63 single- family lots. This subdivision is located at the intersection of Washington Avenue and Terra Cotta Road. The applicant has requested a one-year extension of time to meet the conditions of the tract map. The tentative map was initially approved by the City Council on June 10, 1980. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR EXTENSION OF TIME ON TRACT 14639 WITH THE FOLLOWING ADDITIONAL:CONDITIONS: 1. APPLICANT TO FORM STREET MAINTENANCE ASSESSMENT DISTRICT. 2. APPLICANT TO ENTER INTO AGREEMENT WITH THE ELEMENTARY AND HIGH SCHOOL DISTRICT TO OFF-SET OVERCROWDING. 3. PAY ALL APPLICABLE PUBLIC SAFETY FEES. 4. ESTABLISH A LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 5. SIGN DEDICATION OF WATER RIGHTS. 53. Request from Guy Taylor to accept Easement Deeds. Mr. Rubel reported the former Planning Director did respond to the request of Mr. Taylor, referring Mr. Taylor to code requirements for private streets and requested Mr. Taylor provide information which staff whould need for a Report to the City Council. No response to the Planning Director's letter was received from Mr. Taylor. Mr. Rubel reported there are a number of questions which need to be answered prior to staff making a recommendation to the City Counci 1. Mr. Taylor stated the reason he was before the City Council was two-fold. 1) to try to solve his own problems with access and 2) to try and help the rest of the property onwers in Assessors Map 48 to un-landlock their property. ~24 Page eight City Council Minutes November 9, 1982 BUSINESS ITEMS - Continued. 53. Request from Guy Taylor to accept Easement Deeds. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO DIRECT MR. TAYLOR TO RESPOND TO THE LETTER FROM THE PLANNING DIRECTOR DATED OCTOBER 1, 1982, AND PROVIDE SPECIFIC AND DETAILED PROPOSALS FOR STAFF TO EVALUATE. Neil Albertine, 33060 Petterson, felt what Mr. Taylor was doing was commendable and this action would help all the property owners in the Assessor ;Map #48 area. Mr. Unsworth suggested Mr. Albertine work with Mr. Taylor to enlarge the scope of the request. 54. Chamber of Commerce Christmas Parade. ."". MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE CHAMBER OF COMMERCE CHRISTMAS PARADE ROUTE. The parade route will commence at Langstaff, procede to Sumner Street to Main Street to Graham to Lindsay. 55. Formation of Business Improvement District (AB 1693) Mr. Rede reported the Downtown Business Association has been workinq with. staff on the Assessment District to assist wit hthe revital ization of the Central Business District. Mr. Lee Strong of Downtwon Focus, a downtown consulting firm, has provided a proposal to form a Business Improvement District. The cost for this service is $1,500 -- $500 initially with the remainder due after the final City Council action on the District establ ishment. . MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO AUTHORIZE -... THE CITY MANAGER TO EXECUTE CONTRACT WITH DOWNTOWN FOCUS FOR THE FORMATION OF A BUSINESS IMPROVEMENT DISTRICT, AND AUTHORIZATION OF APPROPRIATION OF $1,500 FROM THE DOWNTOWN REVITALIZATION TASK FORCE FUND. 56. Business License Fees Resolution and Ordinance Mr. Rede reviewed the proposed fee structure for the Business Licenses. Mr. Rede recommended the City Attorney be directed to amend Ordinance No. 657 to delete Section 5.16.0208 providing for automatic 10% annual cost of living increase of business license fees and substitute it with new language calling for annual review, and adjustment as necessary, by the City Council. Mr. Porter explained the 10% annual cost of living increase was included because of his fear that there would be legislation enacted or passed which would prohibit this type of fee being increased by City Council action It was Mr. Porter's feeling that if there was some type of automatic increase, even if there was some type of legislation passed blocking any further increases, this section would be on the books prior to the legislation being passed and the City would probably be able to increase the fees. Moved by Valenzuela, Seconded by MacMurray with the motion failing, to direct the City Attorney to amend Ordinance No. 657 to delete Section 5.16.020B. Ayes: Valenzuela, MacMurray Noes: Torn, Knight, Unsworth Mr. Torn stated as the ordinance is written the Council has the flexibility to increase the fees or let them stand on an annual basis. ..... Moved by Valenzuela, with no second, to approve the resolution establishing the new business license fees with the following changes: 1. Under the Uniform Employee Schedule, delete the first three, 1-10 employees fee, changing #11 to 10 and 10 through 51 to stand as read. 2. Delete the Annual Gross Receipts on the Vending Machines and set a fee of $45.00 per machine. ( ( ( ~ ~ ~ ~ o o ~ I l ~~n Page nine City Council Minutes November 9, 1982 BUSINESS ITEMS - Continued. 56. Business License Fees Resolution and Ordinance - Continued. 3. To leave the miscellaneous as is except the arcade, which would be $1,000. Motion did not receive a second, motion failed. Mr. Rede stated the City Attorney would advise the Council to vote on the changes separately, becau~e he has a problem with the vending machines. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT UNDER THE UNIFORM EMPLOYEE SCHEDULE - DELETE THE FIRST THREE, 1-10 EMPLOYEES FEE, CHANGING NUMBER 11 TO 10, AND 10 THROUGH 51 TO STAND AS READ. Staff clarified that Wrecking Yards are to be $250, not $300 as stated in the staff report. Discussion was led on the different fees on pool halls between the staff report and the resolution. Mr. Rede stated that due to the enforcement problem, staff recommends Council adopt the resolution fee, $50.00 per table/per year. Mr. Unsworth stated when the Council discussed motor license fees for vendors, there was discussion of setting a fee for additional vehicles in the amount of $1.00 per decal for all additional vehicles in one businessperson's vehicle fleet. Mr. Redestated staff will clarify the language on the license decals at another date. Council adjourned at 11:10 p.m. Council reconvened at 11:23 p.m. Mayor Unsworth called for the question on item 3, Arcades. Ayes: Valenzuela, Torn Noes: Knight, Unsworth, Mac~urray t10VED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO INCREASE THE ARCADE FEE FROM $1,000 to $1,200. The City Attorney stated on item 2, the fee must be based on gross receipts. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED TO AMEND TO INCLUDE A BASE FEE OF $45.00 FOR THE FIRST $50,000 AND IN EXCESS OF $50,000, $1.00 PER THOUSAND. AYES: TORN, MACMURRAY, VALENZUELA, UNSWORTH NOES: KNIGHT MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION WITH THE APPROVED CHANGES. RESOLUTION NO. 82- 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING BUSINESS LICENSE FEES FOR THE CITY OF LAKE ELSINORE. Lon Chaney, representing the Downtown Business Association, urged the City Council to postpone action on the implementation of the business license fees in light of AB 1693. Mr. Chaney felt the postponement of the new fees would enhance the chances of the downtown business people consenting to the Assessment District. Mr. Rede reported the resolution was past and the fees will go into effect as of November 15, 1982. Mr. Porter reported all existing licenses will be valid until their expira- tion date. .1~6 Page Ten City Council Minutes November 9, 1982 BUSINESS ITEMS - Continued. 57. Ordinance: Zone Change #82-2 (First Reading) Mr. Trevino reported the zone change was located south of Railroad Canyon Road between 1-15 and Old Highway 71. MOVED BY KNIGHT, SECONDED BY VALENZUELA TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the Ordinance. . ORDINANCE NO. AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING. CERTAIN PROPERTY FROM R-1 (SINGLE FAMILY RESIDENCE) TO C-1 (LIMITED COMMERCIAL). ...-I Mr. Knight stated he would like a motion that would require the owner of the property to barracade the vacated property which is being used as a road. Mr. Porter stated this would be difficult to add as a condition. Mr. Trevino stated staff could work with the applicant on this matter. Mr. Porter recommended the Ordinance title include language stating the general location of the property receiving the zone change. The City Clerk read an amended title of the ordinance. ORDINANCE NO. 663 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY LOCATED EASTERLY OF OLD RAILROAD CANYON ROAD BETWEEN INTERSTATE HIGHWAY 15 AND OLD HIGHWAY 71, FROM R-1 SINGLE-FAMILY RESIDENCE) TO C-1 (LIMITED COMMERCIAL). MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 663. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABS ENT : NON E '-.- 58. Ordinance: Traffic Controls on Park Way - One-Way MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the ordinance. ORDINANCE NO. 664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 10.12.045 TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR ONE-WAY TRAFFIC, EAST BOUND, BETWEEN LAKE STREET AND LAKESHORE DRIVE. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 664. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE MOVED BY MAC MURRAY, SECONDED BY KNIGHT TO ADJOURN TO THE REDEVELOPMENT MEETING AT 11 :46 P.~1. COUNCIL RECONVENED AT 12:20 A.M. ..... 3Z" Page eleven City Council Minutes November 9, 1982 PUBLIC COMMENTS Mr. Carter reported that during the recent rains, water was coming into the Community Center. Mr. Carter asked that this matter be looked into. ~ REPORTS AND RECOMMENDATIONS ~ f'oo ~ '-:;) o ,0 Council concurred to hold a study session prior to the next City Council Meeting on November 23, 1982, specifically on the General Plan. Council set a date of November 22, 1982, at 6:00 p.m. for the study session with the Planning Commissioners being asked to attend. Mr. Henshaw was asked to attend. Mr. Torn reported the Agency authorized the City Manager to negotiate for financial consultants and he feels an important part of the redevelopment process is that the Agency look at the establishment of an Industrial Development Authority that has the power to issue bonds for industrial development. Mr. Torn recommended staff investigate the matter and report back. The Agency concurred. Ms. Valenzuela reported on Machado Street where Woodhaven is building on the County side, there is a ditch dug on the County side for the flood control and would like staff to look into the matter to ensure no damage will occur as a result on the City side. Ms. Valenzuela asked staff to look into the condemnation of the building located at Lakeshore on Manning across from Holiday Park. Mr. Knight asked staff to look into how long ago the roof was put on the Community Center and what type of guarantee is on the roof. Mr. Unsworth reported on the letter from Eugene Carter on the weed abatement of the ~ Cemetery. The City Clerk stated a copy of the letter has been referred to the Public Works Department for comment. Mr. Unsworth asked staff when the resolutions need to be approved which were presented by Brown and Nazarek on the proposed assessment district. Mr. Rede stated staff has not had adequate time to review the matter and will bring back at the next meeting. Mr. Unsworth reported he had a phone conversation with Mr. Pearson regarding a letter to the YMCA for possible use of the Community Center. Apparently Mr. Pearson felt the letter was notice for the Park and Recreation District to move from the building. Mr. Unsworth reported he has met the new Battalion Chief for the Fire Department, Terry Schmutz. Mr. Unsworth expressed concern on the sandbags at the City Yard which have been there since the floods of 1980. He has been told the bags are not useful after two years. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE CITY COUNCIL MEETING AT 12:40 A.M. - J!i v~v~~:it- JO N G. UNSWORTH, MAYOR CI Y OF LAKE ELSINORE ATTEST: iJZM CITY OF LAKE ELSINORE Special City Council Meeting Monday, November 22, 1982 130 South Main Street Lake Elsinore, California 1. The meeting of the City Council Study Session and Special Meeting was called to order by Mayor Unsworth at 6:07 p.m. 2. The Pledge of Allegiance to the Flag was led by Counci1member Knight. 3. The City Clerk called the roll. PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH. ABSENT: COUNCILMEMBERS: NONE ...J Also present were: City Manager Rede, City Clerk Harrington, Community Development Director Trevino, Consultant Phil Henshaw, City Attorney Porter and the following Planning Commissioners: Barnhart, Saathoff, Washburn, Dominguez and Steed. 4. General Plan Discussion Mayor Unsworth announced that the first order of business would be to adjourn into Executive Session for legal matters at 6:08 p.m. Mayor Unsworth announced that there was discussion on a personal matter of a Planning Commissioner with no action taken. The other matter was of a legal nature with no action taken. , ...", L 21, 1t~ JOHN G. UNSWORTH, MAYOR OF THE CITY OF LAKE ELSINORE ATTEST: --7 t~ !vt'(J -- ----- ~ ~ ~ ~ o o ~ ~~~ CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 23, 1982 CITY COUNCIL CH~1BERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:37 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Council person MacMurray. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Clerk Harrington, City Attorney Porter, Community Development Director Trevino, Finance Director Ronnow and Public Works Director/City Engineer Rubel. Mr. Unsworth announced that items 51 and 55 have been pulled and will not be heard tonight. CONSENT CALENDAR The following items were removed for further discussion and consideration: Mr. Carter requested further explanation on items 2 and 3. Mr. Rede asked item 5A be pulled at the applicants request and item 8, which I will require a Closed Session at the end of the meeting. Mr. Knight asked item 7 be removed and placed on the December 14th, City Council Agenda. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR, ITEMS 1, 4, 5-B and 6. 1. Minutes: November 9, 1982 - Approved as presented. 2. Resolution: SB 244 Bicycle Lane Account/Grand Ave., Bikeway Application - Removed from the Consent Calendar for further consideration. 3. Lake Elsinore Valley Allied Arts Association Request - Removed from the Consent Calendar for further consideration. 4. Set for Public Hearing: December 14, 1982 a. Zone Change 82-12: Butterfield Savings - Approved. b. Conditional Use Permit 82-12: Heritage Thrift and Loan - Approved. 5. Set for Public Hearing: December 28, 1982 a. Conditional Use Permit 82-10: International Oil Co. - Pulled at the applicant's request. b. Zone Change 82-11: Butterfield Surveys (Yanagisawa) - Approved. 6. Claim: General Telephone Company of California - Rejected and referred to the City Attorney. 7. Lake Community Center Building Expansion - Continued to December 14th, 1982. 8. Contract Award: Swick Park Improvements - Continued to Closed Session at the end of the meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Resolution: SB 244 Bicycle Lane Account/Grand Ave., Bikeway Application. Mr. Carter asked how much money would be involved for the City of Lake Elsinore. Mr. Steel stated the application is basically applying for SB 244 funds to construct a bikeway along Grand Avenue from the Ortega Highway to the Butterfield Elementary School. ~3tJ Page t~,o City Council Minutes November 23, 1982 CONSENT CALENDAR - Continued. Items removed from the Consent Calendar - Continued. 2. Resolution: SB 244 Bicycle Lane Account/Grand Ave., Bikeway Application - Continued. M~. .Stee1.reported .the City's SB 821 project (Corydon Road) this summer flnlshed Just outslde the funding. The SB 244 proqram is administered by CalTrans and the submissiondead1ine is December 1, 1982. This prooram provides 90% grants for bikeway projects which encouraoe commuting by bicycle as an alternative to using an automobile. The m~ximum grant award is $90,000. -- Staff recommends the Council authorize submission of SB 244 Bicvcle Lane Proposal; appropriate $1,685 as the City's matching committment and adopt resolution recognizing liThe Lake Elsinore Bikeway" Master Plan. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION AND RESOLUTION. RESOLUTION NO. 82-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOGNIZING liTHE LAKE ELSINORE BIKEHAY" r~ASTER PLAN AS AN INTEGRAL ELEMENT OF THE CITY'S GENERAL PLAN. 3. Lake Elsinore Valley Allied Arts Association Request Mr. Carter asked what the nature of the request Allied Arts Association was making. . Ms. Harrington reported the request of waiver of fees for the use of the Lake Community Center on December 4th was for a Holiday Folk Festival to be held in conjunction with the Christmas Parade. A fee will not be charged for any entertainment that will be performing that day. Ms. Harrington reported the total waiver of fee requested would be in the amount of $140.00. ... MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FROM THE LAKE ELSINORE ALLIED ARTS ASSOCIATION FOR WAIVER OF FEES FOR THE COMMUNITY CENTER ON DECEMBER 4, 1982. 5. Set for Public Hearing: December 28, 1982. A. Conditional Use Permit 82-10: International Oil Co. Mr. Trevi-no reported the Planning Commission denied the Conditional Use Permit #82-10 without prejudice and the applicant intends to resubmit an application for a gas station only without the car wash. PUBLIC HEARINGS 31. Conditional Exception Permit 82-4: Request to vary from the Sign Height Requirements (McDona1ds Corp.) Mayor Unsworth announced this was the time and place for a public hearing on a Conditional Exception Permit to vary from the Sign Height Requirements. Mr. Trevino reported on October 19, 1982, the Planning Commission reviewed the request for a conditional exception permit to enable the applicant to construct a freeway-oriented sign exceeding the City's twenty (20) foot height limitation. The proposed sixty (60) foot high sign would be placed adjacent to the extreme northwest corner of the approved restaurant site and ... would advertise both McDonald's and a future Chevron Service Station. The Planning Commission found that a freeway-oriented sign is necessary for the applicant's business and such a sign would not be detrimental to the surrounding area or the community as a whole. Mayor Unsworth opened the public hearing at 7:50 p.m. asking those in favor of the project to speak. Mr. Steve Roth, representative from t1cDonal ds Corp. offered to answer any questions of the Council. Mayor Unsworth asked those in opposition to the Conditional Exception Permit to speak. No one asked to speak. Bn.' Page three City Council Minutes November 23, 1982 PUBLIC HEARINGS - Continued. 31. Conditional Exception Permit 32-4: ~equest to vary from the Sign Height Requirements (McDonalds Corp.) - C~tinued. ~ ~ ~ '"":) o .~ Mayor Unsworth closed the public h~;ing at 7:52 p.m. MOVED BY KNIGHT, SECmmED BY MACW':=:AY AND CARRIED TO APPROVE THE CONDITIONJl.L EXCEPTION PERMIT #82-11 WITH THE =~~OWING CONDITIONS: 1. SIGN SHALL BE PLACED AT LOCAT:~ IDENTIFIED ON SITE PLAN. 2. SIGN SHALL BE UTILIZED FOR ID~'~IFYING BOTH McDONALDS AND ADJACENT FUTURE . CHEVRON SERVICE STATION. 3. SIGN SHALL NOT EXCEED A HEIGf-i~:F SIXTY (60) FEET. 4. ISSUANCE OF A CATEGORICAL EXB:~:ON. 5. A FINDING OF CONFOR....1ANCE TO E::::TING AND PROPOSED GENERAL PLAN. COUNCILMEMBER TORN VOTED NO. COUNCILMEMBERS KNIGHT, MACt.1URRAY ,.'~ENZUELA AND UNS~.JORTH VOTED YES. Mr. Torn stated he felt the City i. the past has approved signs exceeding the Ordinance Height Requirement and 7~t they were mistakes. 32. Special Channel Weed Abatement Mr. Rubel requested the Council cc~inue the public hearing to November 24, 1982, at 7:00 p.m. Council concurred to continue the Jolic hearing on the Special Weed Abatement to vJednesday, November 24, 1982 at -:00 p.m. 33. Planning Commission Initiated Cond~onal Exception Permit: Elimination of Eight Parking Spaces - Butterfi~ij Savings & Loan. Administrative Appeal on Planning ~mmission Decision - Mary Hudson. Council concurred to take up the F~nning Commission Initiated Conditional Exception Permit first. Mayor Unsworth announced this was ~e time and place for a public hearing on the Planning Commission Initiated:Jnditional Exception Permit for the elimination of eight parking spac=~ Mr. Trevino reported that at the ~~ularly' scheduled meeting of October 19, 1982, the Planning Commission, acting as :he Design Review Board, reviewed the applicant's design and elevation plans for a :=, (10) four-plex apartment complex located on Limited Avenue between Poe and Lir~ay Street. The applicant, Butterfield Savings, submitted both site plans ind elevations for his proposal and, as in past times, said plans and elevat~ns were well received by both staff and Commission. Mr. Trevino further reported duri~ the review of this proposal, there were several comments from the public r~arding the number of dwelling units per acre and their possible impactior.. Valid points were made regarding the need to perhaps change the design and ~ more play areas for children. Consensus from the Commission indicated tha:llthough the applicant met the strict and legal interpretation of the Code, ~rhaps more amenities might be in order. However, these could not be provic~ because of the limited space available. It was, therefore, decided by the :'::sign Revie\'1 Board that deletion of eight (8) required parking spaces could be ~ne and, in this area, additional play area for children could be provided. Mayor Unsworth opened the public r.~ring at 3:00 p.m. asking those in favor of the project to speak. Gary Wayne, 30650 Dryden Lane, La.: Elsinore, representing Butterfield Savings and Loan, stated he would go eith~ way, with the parking spaces or with the play area. ~32 Page four City Council Minutes November 23, 1982 PUBLIC HEARINGS - Continued. 33. Plan~ing Comm~ssion Initiated Conditional Exception Permit: Elimination of Elght Parklng Spaces - Butterfield Savings and Loan - Continued. Mary Hudson asked if there were to be six or eight parking spaces eliminated, as she had seen both mentioned. Mr. Trevino clarified there would be eight spaces eliminated. Lee Daniher, 260 E. Grand Avenue, Lake Elsinore, stated he felt the new buildings were an improvement to the area and felt there would be adequate recreation in the area. . - Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Exception Permit. No one asked to speak. r"ayor Unsworth closed the public hearing at 8:05 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONDITIONAL EXCEPTION PERMIT FOR THE ELIMINATION OF EIGHT PARKING SPACES FOR BUTTERFIELD SAVINGS AND LOAN. Administrative Appeal on Planning Commission Decision - Mary Hudson. Mayor Unsworth announced this was the time and place for an Administrative Appeal on the Planning Commission Decision regarding the elimination of eight parking spaces. The appeal was initiated by Mary Hudson. Mr. Trevino reported he has been in constant contact with the State Office of Planning and Research and staff feels comfortable with the facts on the proj ect. Mayor Unsworth opened the public hearing at 8:07 p.m. asking those in favor of the appeal to speak. ... Tom Hudson, 201 S. Poe Street, Lake Elsinore, stated he felt 20 units per acre should be enforced as proposed in the General Plan by the Planning Commission. He would like the Council to approve complexes such as this one with some breathing room for the tenants. Mary Hudson, 105 Grande Paseo, San Rafea1, asked the Council to keep control over development within the City. Ms. Hudson asked for clarification as to the density of the project because in the original report it was stated the project was located on 1.63 acres with 40 units and it does not come out to 19 units per acre. Mr. Trevino clarified the project is located on 2.07 acres as calculated by Mr. Trevino and the City Engineer. The calculation was determined on net acreage. Ms. Hudson expressed concern on the way the project is configured and the lack of protections that could result. The project is treated as ten (10) different lots as it was originally.with structures one to a lot and the aesthetics are bad. The Planning Commission did recommend roof line variances on three out of the six units. Ms. Hudson stated with the projects being located on in- dividual lots it would in the future enable the owner to sell the lots individually. There is a possibility of multib1e owners in the future. Ms. Hudson recommended the City could require re-configuration of the project and long term maintenance agreement (C.C. & R'5) on the project. -- Ruth Smith, 96930 Grand Avenue, Lake Elsinore, felt this project would not be an addition to the city and if it were approved, in the future, it would be a blight on the City. Gary Wayne, representing Butterfield, stated that Fred Crmve cif Butterfield Surveys could verify the acreage of the project. Fred Crowe, Butterfield Surveys, 620 W. Graham, Lake Elsinore, stated he did check the acreage and the acreage as stated by the City Plannerwas correct. Mr. Crowe stated that Butterfield Surveys is the surveyor for the project and is not a part or associated with Butterfield Savings and Loan or Butterfield Equities. Mr. Crowe stated he owns property surrounding the project and feels the project will be an asset to the City. / 333 Page five City Council Minutes November 23, 1982 PUBLIC HEARINGS - Continued. ~ to- t."- '''"':) .~ ~ 33. Planning Commission Initiated Conditional Exception Permit: Elimination of Eight Parking Spaces - Butterfield Savings and Loan - Administrative Appeal on Planning Commission Decision - Mary Hudson - Continued. Gary Wayne showed slides of the project to the City Council stating he felt the project would enhance the area and the property. There will be employment opportunities as a result of the project and the developer is not asking any support of the Redevelopment Agency on the project. Lon Chaney, 1400 W. Heald, Lake Elsinore, feels the developer is investing money into the City, providing a quality product and is a benefit to the entire community and asked the Council to look in favor of the project. Mary Hudson, stated she does not oppose the project, she does want to make sure it is not too dense and that it is a livable place and hopes in the long run, it will not turn into what is being torn down. Ms. Hudson asked the Council to condition the project to ensure the property is maintained. Gary Wayne stated the Surveyor has certified to the density of the project and does not object to the C.C. & R's. Richard Murphy stated he felt Butterfield Equities is doing a great job and felt that Ms. Hudson was trying to tie all the properties as one project. Mr. Murphy felt it was not proper to tell a person how to maintain their property. Larry Cartier,16960 Lakeshore Drive, Lake Elsinore, spoke in favor of the project. Ms. Hudson stated she is not suggesting any type of convenant which would tie the project together in any way, it is the opposite, it is because the project is nottted together that it would be appropriate to have some type of maintenance agreement on them. Harry Warner, 23400 Peggy Lane, Wildomar spoke in favor of the project. Mayor Unsworth closed the public hearing at 8:46 p.m.- Mr. Porter stated the City Council's optionsin the matter were as follows: 1. Refer the matter to the Planning Commission for further recommendation 2. Affirm the project or set aside the Planning Commission approval. Mr. Torn asked if the City Attorney has a fcrmat to accompl ish the technique suggested by Ms. Hudson on the maintenance of the property. Mr. Porter stated he does not have a format prepared for the maintenance of the property, however if the applicant is amenable to the agreem~nt, an agreement could be prepared. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO AFFIRM THE PLANNING COMMISSION ACTION. Council concurred to take a break at 8:55 p.m. Council reconvened at 9:08 p.m. 34. Draft General Plan Mayor Unsworth announced this was the time and place for a public hearing, on the Proposed Draft General Plan. The City Clerk summarized correspondence received on the General Plan. The following correspondence was received: 'Madlyn Creekmore, 31071 Uisconsin Street, Lake Elsinore, requested co~mercial on property located on vlisconsin Street, Parcel Number 379-211-012. Jean Stewart King, stated opposition to the down zoning of property located at the corner of Machado Street and Lakeshore Drive. Petition was received signed by 60 people stating they would like the existina commercial zone to remain as is on Lakeshore Drive from Riverside to Machado.- 334 Pag~ six City Council nir.utes November 23, 1982 PUBLIC HEARINGS - Continued. 34. Draft General Plan - Continued. Gary Hayne, Butterfield Development Corporation, asked that Hasson Canyon Road and Riverside Street be shown on the General Plan Circulation Element as secondary roads and request an additional Goal Statement. Petition signed by 77 people supporting general plan classification of property adjacent to Machado Pines which has been approved by the Planning Commission. - Marie E. Charest and Darrell E. Charest, asked that parcel #373-071-018 retain its commercial designation. Slavick Realtors protested the proposed General Plan to rezone 41.3 acres from C-l and C-P to W-l. Slavick Realtors protested 4.4 acres of the General Plan regarding property located on the southeasterly corner of Riverside Drive and lehr Drive (formerly Washington Street), would like the property to remain CPo Petition signed by six (6) people requesting the existing commercial zone to remain as is on lakeshore Drive from Riverside Drive to Machado Street. Missing link Investors II, requested the City Council to consider the first phase of its. proposed project, approximately 25.5 acres by keeping the zoning commercial. Mayor Unsworth re-opened the public hearing on the Proposed General Plan at 9:12 p.m. asking those who would like to speak to the General Plan to state their names and addresses and the location of the property they are addressing. Earl Pemberton, Machado Pines resident, felt that Office/Professional would not be as amenable as residential in the area. however, with the proper restrictions they could live with Office/Professional. Robert Newman, 700 W. Graham Avenue, Lake Elsinore, representing Richard Brechtel, owner of 7+ acres on Lakeshore Drive in the Machado Pines area would like the property to remain commercial. - Edward Rice, 435 W. 4th Street, long Beach, asked that the area by the water tower, in town, be changed back to apartments from public use. ..., Mr. Trev1no explained that staff was going to bring this matter to the attention of the Council as it was a mapping mistake. Jean Stewart Wing, read a letter to the City Council opposing the down zoning of property located at the corner of Machado Street and lakeshore Drive. Vale Dan Vail, 17550 Grand Avenue, Lake Elsinore, owns 7.5 acres located in the Four-Corners area would like the property to remain commercial. Richard Fromme, 71-467 Este11ita Drive, Rancho Mirrage, spoke in opposition to down-zoning of property located on Lakeshore Drive between Riverside Drive and Machado Street. Mrs. Vale, 17550 Grand Avenue, lake Elsinore, stated she brought a petition into City Hall, signed by many people in the area of Four-Corners. On the 13th of November, to find out if all the people in the park objected to the area being commercial and stated many did not mind commercial uses being in the area. -' Elbert Smith, 5241 Marview, la Palma, asked that his 2.5 acres located on lakeshore Drive be designated Commercial in the General Plan. Robert Happs, 2230 Encinitas Blvd., Encinitas, requested the Council leave all the property on lakeshore Drive between Riverside Drive and Machado, commercial and professional. Dick Murphy, 18356 Sanders Drive, Lake Elsinore, expressed concern about the area north of the freev,ay being zoned 10\'1 density, ivlr. t1urphy felt it should be high density for apartment buildings. Ban Page seven City Council Minutes November 23, 1982 PUBLIC HEARINGS - Continued. 34. Draft General Plan - Continued. Eugene Carter, Lake Elsinore, asked the Council to take into consideration how much the sewer treatment plant can handle while considering what is being developed in the City. Mrs. Kenneth Weise, 52225 Avenida Carranze, La Quinta, owner of the property located at 17303 Lakeshore Drive, asked what are the plans for that area of the City. Mr. Henshaw, Consultant for City of Lake Elsinore, explained the area in which Mrs. Weise's property was located stating it was located in the Flood Plain on the General Plan with Impact Sensitive Designation. Rich Mullinax, 31040 Riverside Drive, Lake Elsinore, requested the Four- Corner's area remain commercial. 7; r-.. t'- -:;) ~ --- ...... Larry Cartier, 16960 Lakeshore Drive, owner of Elsinore Ready Mix, stated he does not want his property down-zoned. Mr. Henshaw reported according to the General Plan, the area is designated as a Planned District. The City wiil need to pass a zoning ordinanc2 for the area. Fred Crowe, Butterfield Survey, 620 \>I. Graham, Lake Elsinore, representing Missing Link Investors II, stated his clients requested a Zone Change for 100 act'es to be commercia-j. The site \'/ould be ideal for a hotel anc restaurant. The applicants would like to request at this time 25.5 acres to be commercial. The applicants have agreed to wOi"k with the Redevelopment Agency on the project. Robert Happs, 2230 Encinitas Blvd., Encinitas, spoke to the liquidfaction zone and felt this only puts a bigger burden on the property owners that liquidfaction may occur. Mr. Henshaw stated the property in question is in a potential liquidfaction overlay zone in the General Plan. This is a result of a study which was done on seismic safety. The areas in the liquidfaction need to be tested on a case by case basis prior to approval of the development. Elbert Smith asked where liquidfaction has occured in the State of California to any d'egree. Mr. Henshaw stated the area he is familiar with where liquidfaction has occured most recently has been in Crescent City, California. Most of the cases have occured in the coastal areas. Oma Slavick, expressed concern about the property located at Lehr Drive and Riverside Drive presently zone commercial. The proposed plan shows it as low density. The overlay map shows it as commercial-tourist. Mr. Henshaw explained the Tourist-Commercial is consistent in the land use matrix of the General Plan with C-2 zoning. Elbert Smith, 5241 Marview, La Palma, stated he would like his property which is 1000 feet deep to be commercial. On the proposed changes by the City Council part of the property would be commercial and the other part residential. Richard Weymouth, 16292 Simeron Rd.,Lake Elsinore, owns property at 16625 Lakeshore Drive, which he would like to remain commercial, he does not want it to be R-l. Mayor Unsworth closed the public hearing at 10:27 p.m. Mr. Henshaw recommended the area behind City Hall, which is owned by a private party should be zoned high density and recommended the City Council reclassify the property. Council concurred to take a BreaR at 10:28 p.m. Council reconvened at 10:35 p.m. 336 Page eight City Council Minutes November 23, 1982 BUSINESS ITEMS 51. Appeal of Plumbing Code Requirements - Ronnie1s Sandwich Shop. Mr. Trevino reported this item has been withdrawn at the request of the applicant. 52. Special Permit Issuance - 32900-77 Riverside Drive Mr. Trevino stated the applicant is requesting a waiver of business license fees. The Butterfield Travel Club is an organization established to take persons from the Lake Elsinore area to places such as zoos, parks, museums, ball games, etc. This Travel Club services senior citizens as well as non-senior citizens. The current license fee for this activity is $55.00. The Butterfield Travel Club is requesting a minimum charge for their organization. Staff recommendation is to deny without prejudice the request for waiver of business license fees. - Mr. MacMurray stated he has talked to the owners of the Travel Club and they have stated they are a non-profit organization. They would like to pay a minimum fee of $25.00. Mr. Porter stated he would feel comfortable if the applicant1s provided the city with a letter stating they were a non-profit organization. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE A COMPLETE WAIVER OF FEES FOR THE BUTTERFIELD TRAVEL CLUB SUBJECT TO SATISFACTION OF THE STAFF THEY ARE TRULY A NON-PROFIT ORGANIZATION. 53. Gazebo at City Park Mr. Rubel reported a gazebo is proposed to be located in the City Park. A drawing was displaed showing specific size and locations of the structure. The design criteria for the structure is proposed as follows: ....,. 1. Octagonal in shape (eight sided) and 30 foot in diameter. 2. Two (2) story--lower story to be concrete with rest rooms and storage (81 ceiling height), upper level to have decorative roof and perimeter railing with 161 floor to ceiling height. Mr. Rubel reported the financial impact would be none. The entire project will be built with volunteer labor and donated materials. Mr. Knight stated there will not be any financial impact on the City, all the labor and materials will be donated. Some of the landscaping will be taken out and replaced because of the construction of the Gazebo. Mr. Knight reported that construction will start in a couple of months. Bob Jacobson, volunteer on the Gazebo, stated the Gazebo will be something everyone will be proud of for some time. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE THE CENTENNIAL COMMITTEE TO HORK Tm-IARD DESIGN AND CONSTRUCTION OF A GAZEBO IN THE CITY PARK UTILIZING VOLUNTEER LABOR AND DONATED MATERIAL. BASIC CRITERIA AND LOCATION TO BE AS STATED BY THE CITY ENGINEER. 54. Refuse Collection/Service Level Adjustments. Mr. Knight stated he would like additional time to review the matter and get additional information. - MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM TO THE NEXT MEETING, DECEr,mER 14TH. 55. Agreement between City and YMCA This item was continued to the December 14th, 1982, City Council Meeting. 33'7- Page nine City Council Minutes November 23, 1982 BUSINESS ITEMS - Continued.~ 56. Ordinance No. 663 - Second Reading (Zone Change 82-2) Mr. Trevino reported Zone Change 82-2 is located south of railroad Canyon Road between 1-15 and Old Highway 71. On August 10,1982, the City Council Approved the zone change subject to seven condition s of approval. The application rezoned 13 acres from R-l (Single-Family Residence) to C-l (Limited Commercial). The owner of this property is Arnold Schleuniger. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONL Y. The City Clerk read the title: jJ r-- r-.. ''''':J o .-, - ORDINANCE NO. 663 AN ORDINANCE OF THE CITY OF LAKE ELSINORE~ALIFORNIA, REZONING CERTAIN PROPERTY LOCATED EASTERLY OF OLD RAILROAD CANYON ROAD BETWEEN INTERSTATE HIGHWAY 15 AND OLD HIGHWAY 71, FROM R-l (SINGLE-FAMILY RESIDENCE) TO C-l (LI~lITED Cd~lMERCIAL). MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 663. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 57. Ordinance No. 664 - Second Reading (One-Way Traffic) Mr. Rubel stated the ordinance was one of several steps recommended by staff to alleviate a serious traffic hazard. A stop sign was installed at the east end of the alley along with a 1100 Not Enterll sign and a one way arrow. Staff recommended approval of the second reading of the Ordinance designating alley between Lake Street and Lakeshore Drive, bounded by High Street and Avenue 1, as a one way alley east bound. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title: ORDINANCE NO. 664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 10.12.045 TO THE LAKE ELSINORE MUNICIPAL CODE PROVIDING FOR ONE-WAY TRAFFIC, EAST BOUND, BE- TWEEN HIGH STREET AND AVENUE 1, ON THE ALLEY LYING BETWEEN LAKE STREET AND LAKESHORE DRIVE. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 664. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 58. Resolution: Small Cities Community Development Block Grant Application Mr. Steel reported the Small Cities Community Development Block Grant provides financial assistance to cities for housing and community development projects. Up to $500,000 is available to each eligible entity. The City must submit its application by November 29, 1982. The City Council met in a study session on October 27 and held a public hearing on November 9, receiving -public input on the proposed application. As a result of the public input, the City Coullcil directed staff to prepare an application with Downtown Revitalization as the primary objective. Mr. Steel reported under the CDBG Program guidelines, a City must submit a project addressing one of the three problem areas (1) housing, (2) public facilities, or (3) economic conditions. With the guide- lines in mind, staff has prepared a project addressing the economic conditions problem area. 838 Page ten City Council Minutes November 23, 1982 BUSINESS ITEMS - Continued. 58. Resolution: Small Cities Community Development Block Grant Application - Continued. Downtown Revitalization Project #1 Activities: l. Commercial Rehabil itati on $200,000 2. - Housing Rehabil itation 100,000 3. Freeway Commercial Development 150,000 4. Administration 50,000 Total $500,000 RESOLUTION NO. 82-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE 1982 83 CITIES NON-ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAf'.1. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-82. PUBLIC COMMENTS Guy Taylor thanked the Council for cleaning the Channel, however, felt the City did not go far or deep enough. Frank Cooper, addressed the cleaning of the channel in the area of Nichols Road, stating he felt it should be deeper. Mr. Rubel stated the City is doing as much as possible with the funds available. ..... COUNCIL CONCURRED TO ADJOURN THE MEETING TO THE REDEVELOPMENT AGENCY AT 11:08 P.M. COUNCIL RECONVENED AT 11:43 P.M. REPORTS AND RECOMMENDATIONS Mr. Torn stated with the Christmas Holidays coming up, he would like everyone to make a special effort to clean up the area to make it more enjoyable for shopping in the area. Mr. Torn stated in the City of Riverside, Co-op's are being used to advertise sub- division tracts. The signs are placed in stragic locations throughout the city. Mr. Torn stated Vons was passing out sheets advertising vaccinations of small anaimals. Mr. Torn was in opposition to these types of clinics competing with existing veterinarians in the City. Mr. Rede reported staff is trying to monitor the clinics coming into town by utilizing the zoning ordinance. Mr. Torn stated he would like to start working on deciding what streets need to be paved. Mr. Torn would like this report in January. Mr. Rede reported there is a task force working on the priority list and a report should be to the Council in January. - Ms. Valenzuela stated there has been discussions between Councilmembers Knight, Unsworth and herself to hold an Open House on December 19th, from 2 to 5 p.m. where people can come and meet the Council. Ms. Valenzuela stated she has acquired a tree and would like the Senior Citizens to decorate it. Council con- curred to hold the Open House. Page Eleven City Council Minutes November 23, 1982 S39' REPORTS AND RECOMMENDATIONS - continued. Mr. MacMurray asked staff to find out when the City's section of Railroad Canyon Road will be repaired and what the status of the negotiations are with the Railroad Company for the tracks on Graham Avenue. Mr. Knight stated he would like staff to put up the necessary signs to keep people from parking on the sidewalks at Pioneer Lumber and Pat Luck's Tire Store. Mr. Knight stated a portion of the sidewalk at the Service Station needs to be paved. Mr. Unsworth wished everyone a Happy and Bountiful Thanksgiving. Mr. Unsworth asked Mr. Trevino to contact Whit Steed to call a Special Meeting for 7:30 p.m. on November 29th for the General Plan. ~ ~ ~ ~ ~ .-, - THE COUNCIL ADJOURNED TO CLOSED SESSION AT 11 :57 P.M. TO DISCUSS LEGAL MATTERS. THE COUNCIL RECONVENED AT 12:11 A.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE CITY COUNCIL MEETING TO WEDNESDAY, NOVEMBER 24, 1982, AT 7:30 P.M. ATTEST: MxvvJ 121 ' DEBORAH A. HARRINGTON, CITY CLER ~ f~Yh71 840 CITY OF LAKE ELSINORE ADJOURNED REGULAR CITY COUNCIL MEETING WEDNESDAY, NOVEMBER 24, 1982 CITY COUNCIL CHA~BERS 130 SOUTH MAIN STREET LAKE ELS~NORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Adjourned Regular Meeting of the City Council was called to order at 7:30 p.m. by Mayor Unsworth. - PLEDGE OF ALLEGIANCE The Pledge of Alleginace to the Flag was led by Mayor Unsworth. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH PBSENT: COUNCILMEMBERS: TORN Also present were: City Manager Rede, City Clerk Harrington, Public Works Director/ City Engineer Rubel. BUS INESS ITE~lS Mr. Rede announced there would be two items to be discussed. The first would be the awarding of the Swick Park Bid and the second would be the public hearing pertaining to the Abatement of the Channel. Mr. Rubel stated there were a couple of legal questions he would like answered prior to the awarding of the contract. Mr. Rubel suggested the meeting be adjourned to Monday, November 29th, at 7:00 p.m. PUBLIC HEARING - Special Channel Weed Abatement .... Mr. Rubel explained one of the property owners had not been notified until recently and that was the reason the meeting vias continued from November 23, 1982 to November 24. Mayor Unsworth opened the public hearing at 7:35 p.m. asking those who would like to speak on the matter to state their name and address. Frank Cooper, 1709 Grand Avenue, Lake Elsinore, spoke to the areas being cleaned in the channel making suggestions that some of the areas be dug deeper than what is existing. Mayor Unsworth closed the public hearing at 7:53 p.m. Discussion was led on the use of the equipment with Mr. Rubel reporting that when the equipment is not in use, the city does not pay for it, however, if the equipment is ready and waiting, there is a stand-by fee charged. Discussion was led on if the city was cleaning the original channel or the alternate channel dug by the Army Corps of Engineers. Mr. Rubel reported the City is cleaning the original channel. Mr. Knight suggested the City write letters to Sun City, Winchester, Hemet, and San Jac~ 0, about the building of the flood channel which will send run-off water in the direction of the City of Lake Elsinore. - MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ORDER THE DIRECTIR OF PUBLIC WORKS, BY MINUTE ACTION, TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH, REFUSE AND DIRT REMOVED PURSUANT TO RESOLUTION NO. 82-68. COUNCIL CONCURRED TO HOLD A CLOSED SESSION AT 8:05 P.M. TO DISCUSS lITIGATION AND PERSONNEL MATTERS. COUNCIL RECONVENED AT 8:18 P.M. Discussion was led on the elected office of City Treasurer and the possibility of appointing a Deputy Treasurer until Mr. Morgan is well enough to come back to the City. Page two Adjourned City Council Meeting November 24, 1982 84l ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING UNTIL MONDAY, NOVEMBER 29, 1982 AT 7:00 P.M. THE MEETING WAS ADJOURNED AT 8:27 P.M. ATTEST: 3J t'-o ~ """:) ~ - ...... D~IrzO~ 1f~~ ~ 842 . , CITY OF LAKE ELSINORE ADJOURNED ADJOURNED CITY COUNCIL MEETING MONDAY, NOV EMBER 29, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER l1ayor Unsworth called the Adjourned, Adjourned City Council meeting to order at 7:04 p.m. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance to the Flag was led by Councilmember Valenzuela. ROLL CALL The City Clerk called the roll: PRESENT: COUNCIL~lEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Clerk Harrington, City Attorney Porter and Public Works Director/City Engineer Rubel. Council concurred to adjourned to Closed Session at 7:05 p.m. regarding legal matters on the Swick Park Bid. Council reconvened at 7:18 p.m. Mr. Unsworth announced the Council has consulted the City Attorney regarding the awarding of the Swick Park Bids. Mr. Unsworth asked if anyone from the audience would like to speak to the awarding of the Swick Park Bid. Schedules B & C will be awarded. Ray Brody, Creative Lighting, Anaheim, submitted a bid on the electrical portion of the bid only. Mr. Brody stated one of his men questioned the apparent low bid be- ... cause it did not list any sub-contractors on the sub-contracting portion of the bid. Mr. Brody asked that the specification be enforced on the listing of sub-contractors on bid documents. Mr. Brody stated the low bidder does have a General Engineering License which on certain types of work, public parks being one of them, allows them to do electrical work, if the City chooses to issue the permits. It was Mr. Brody's understanding that the low bidder will be putting an electrical contractor on their payroll to do the work. Mr. Buckley, State Contractors Board, stated that for an individual who was C-10 licensed to go to work for another firm and work as an em- ployee of the firm, he would have to inactivate his license, cease any and all work he has in progress, that was permitted work, and let go any employees he would have employed at the time. Mr. Porter stated he has very carefully gone through the law and has formed a legal opinion that the procedures the low contractor proposes to use brings them within the qualifications to be awarded the contract if the Council chooses. The Electrical Contractor working as an employee, will really have to be an employee of the firm. The City Engineer has researched the reputation of the low bidder (Allied Sprinkler) and the reputation of the people they intend to hire and considering all things, the City Engineer feels they are a responsible bidder. It was therefore the recommendation of staff that Allied Sprinkler be awarded the bid. Mike McDona1dson, Alcorn Fence stated the low bidder bid the project under a license number C-27, which is not an "A" License and stated the bid is non-responsive Mr. Rubel stated the low bidder did list a IICII license, however the number does correspond with the 11 All 1 icense. - Mr. Porter stated the Bid did show a 'C'license, holt/ever if it is a form rather than a substance problem, it does not concern staff too much. We have confirmed that Allied does have an "A" license. Don Acocb, Allied Sprinkler, stated he does have an A and a C license. Mr. Acoch stated the reason he did not list a sub-contractor was because he was putting the person on the payroll. The reason for putting the person on the payroll was frc~ an overhead standpoint. Page two Adjourned, Adjourned City Council Meeting November 29, 1982 343 Paul Shay, Shay Electric, stated he would like the City to obtain certified copies of the payroll records for the job to insure he is truly on the payroll and insure also he is not using his I1CI1 license on other jobs. Mr. Brody stated he contacted some electrical suppliers and was told that Bolt Electric was checking on prices for this job. If Bolt Electric is not working the job, why were they verifying prices under the name of Bolt Electric. Dave Vic, Lake Elsinore, stated if the City has the option to do the work in- house, they should and keep all the work local. Mr. Porter stated a General Law City of this size can not do the work in- house for this size of a project. ~ t-e t'- '~ ~ - .....; MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO AWARD SCHEDULES BAND C TO ALLIED SPRINKLER IN THE AMOUNT OF $113,928.51. COUNCILMEMBER KNIGHT VOTED NO. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 7:40 P.M. ATTEST: ~rf~'Ad 844: CITY OF lAKE ELSINORE SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 14, 1982 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. CAll TO ORDER The Special Meeting of the City Council was called to order by Mayor Unsworth at 7:15 p.m. 2. PLEDGE OF ALLEGIANCE , - The Pledge of Allegiance was led by Councilmember Torn. 3. ROll CAll The City Clerk called the roll: PRESENT: COUNCIlMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCIlMEMBERS: MACMURRAY Also present were: City Manager Rede and City Clerk Harrington. 4. PRESENTATIONS AND PROCLAMATIONS Mayor Unsworth read a Proclamation honoring Effie Newton as lake Elsinore's first mail carrier and for her 37 years of dedicated service to the community. Mayor Unsworth read a Proclamation congratulating the Temecula-~1urietta Pop Warner Cougars Football Team for their victory in completing the 1982 League Season with an undefeated record of 10-0. The following players from the City of lake Elsinore received Certificates of Honor: Shawn Baggett, Pat Elliot and Steve Paul. Supervisor Walt Abraham presented the Coaches of the Cougars with Certificates of Honor and commended them on their work with the children. ... Mayor Unsworth presented a Proclamation to Sheriff Benjamin Clark and lieutenant lan'y Smith and Patrol Agent-In-Charge Ronald Barbeau commending six Riverside County Deputy Sheriffs and two United States Border Patrol Agents for their efforts in apprehending two armed robbery suspects. Sheriff Ben Clark expressed feelings of appreciation for the City's acknowledgement of the work the Sheriffs have been performing. Mayor Unsworth asked Timothy lee Howard to come up to the Council table to receive a Proclamation and Plaque from the City. Assemblyman Steve Clute, State of California presented Timothy Howard with a Certificate for Outstanding Heroism from the State Assembly of the State of California. Supervisor Walter Abraham, County of Riverside, presented Timothy Howard with a proclamation honoring him for his heroic efforts in saving the lives of his brother and friend. Supervisor Abraham also announced the County of Riverside is nominating Timothy for the Carnegie Foundation Award of 1982 for Bravery. Superintendent Ronald Flora and President Sonya Wilson, Elsinore Union School District presented Timothy Howard with a Resolution commending him on his bravery in saving the lives of his brother and friend. - Chief Flake, Riverside Fire Department and Battalion Chief Schumtz, lake Elsinore Station presented Timothy with patches for the lake Elsinore Branch County Fire Department and presented Timothy with a Certificate for Outstanding Performance on behalf of the State of California Fire Department, County of Riverside Branch. Captain Garr Erskine, Riverside Area Highway Patrol, presented Timothy with a Certificate of Appreciation for his act of bravery on November 13, 1982. where he saved the life of his brother and friend. At this time the City Council adopted a resolution nominating Timothly Lee Howard for the Carnegie Foundation Award of 1982 for Bravery. Page two Special City Council Meeting December 14, 1982 345' ~ r-.. f'-ot -:.; -- ...... ~ 4. PRESENTATIONS AND PROCLAMATIONS RESOLUTION NO. 82-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA TO JOIN WITH THE ELSINORE ELEMENTARY SCHOOL DISTRICT, THE CALIFORNIA DEPARTMENT OF FORESTRY - LAKE ELSINORE FIRE STATION, THE COUNTY OF RIVERSIDE, AND THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT IN NOMINATING TIMOTHY LEE HOWARD FOR THE CARNEGIE FOUNDATION AWARD OF 1982 FOR BRAVERY. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-86. 5. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 7:44 P.M. CArL 4~- ~HN G. UNSWORTH, MAYOR ity of Lake Elsinore ATTEST: 346 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 14, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:58 p.m. by Mayor Uns\'JOrth. - Ms. Valenzuela announced today was the internment of Mr. Les Merrifield. Ms. Valenzuela requested a moment of silence. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY Also present were: City Manager Rede, City Clerk Harrington, City Attorney Porter, Community Development Director Trevino, Finance Director Ronnow and Public Works Director/City Engineer Rubel. CONSENT CALENDAR The following items were removed for further discussion and consideration: Mr. Torn asked items 3 and 5 be removed. Ms. Valenzuela asked that item 7 be removed. Mr. Unsworth asked that -items l-B and l-F be removed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. .... 1. Minutes: A. November 22, 1982 - Special Meeting: Approved as presented. B. November 22, 1982 - Study Session and Special Meeting - Removed from the Consent Calendar. C. November 23, 1982 - Regular Meeting: Approved as presented. D. November 24, 1982 - Adjourned Regular Meeting: Approved as presented. E. November 29, 1982 - Adjourned Adjourned Meeting: Approved as presented. F. November 29, 1982 - Joint City Council/Planning Commission Meeting: Removed from the Consent Calendar. 2. Warrant List - November, 1982: Approved warrant Nos. 17215 through 17443 in the amount of $420,685.04. 3. Agreement between City and YMCA regarding Use of the Community Center: Removed from the Consent Calendar. 4. Street or Alley Dedications - Downer: Council accepted the agreement and authorized the City Clerk to record with the Riverside County Recorder's Office. The property is located at 18301 Collier Avenue, a portion of Assessor Parcel Number 377-120-006. 5. Street Improvement Agreement - Lacayo: Removed from the Consent Calendar. 6. Approval of Final Map - Tract 17222 on Highlands Road and Lake Vista Drive: Council approved the final map, accepted the offer of dedication of the streets shown on the map for public purposes and all subsurface water rights; authori zed the City Cl erk to sign the map on behalf of the .Ci ty and to cause the recordation of the map and accept the Performance and Payment Bonds in the amounts of $178,845.00 and $89,422.50 respectively. - 7. Lake Community Center Building Expansion: Removed from the Consent Calendar. 8. Animal Control Monthly Report - November, 1982: Accepted as an informational item. 9. Code Enforcement r10nthly Report - November, 1982: Accepted as an informational item. 34~1 Page two C~ty Council Minutes December 14, 1982 CONSENT CALENDAR - Continued. 10. Building & Safety Monthly Report - November, 1982: Accepted as an informational item. 11. Fire Safety/Housing Monthly Report - November, 1982: Accepted as an infor- mational item. 12. Set for Public Hearing for January 11, 1982: Approved. A. Conditional Exception Permit #82-6 - Mobil Oil B. Conditional Exception Permit #82-7 - Barrick ITEMS REMOVED FRor~ THE CONSENT CALENDAR l-B Minutes of November 22, 1982 - Study Session and Special Meeting: Mr. Unsworth asked that Riverside Street, not Riverside Drive become a Secondary Road. ~ t-- ...... ~ ~ --.. - l-F Minutes of November 29, 1982 - Joint City Council/Planning Commission Meeting: Mr. Unsworth asked there be further clarification on the location of property to be reclassified from Public Use, that it be stated it is located behind City Hall on the hill by the Water Tank. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF NOVEMBER 22, 1982, (STUDY SESSION AND SPECIAL MEETING) AND NOVEMBER 29, 1982, (JOINT CITY COUNCIL/PLANNING COMMISSION MEETING) AS CORRECTED . 3. Agreement between City and YMCA regarding Use of Community Center Mr. Pearson felt there should be an explanation of what the YMCA will be doing and what activities they will be providing. Mr. Pearson felt there should be a public hearing on the matter. Mr. Torn felt the citizens of Lake Elsinore are looking for more recreation and the City is looking for someone to implement programs which will utilize the City's facilities to their fullest extent. Mr. Torn asked the item be table until a study session can be held on the item. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO TAKE NO ACTION AT THE PRESENT TIME AND SET A STUDY SESSION ON THE MATTER. 5. Street Improvement Agreement - Lacayo Mr. Torn stated normally street improvement agreements are made if there is a reason the street improvements can not be installed at the time of con- struction. The improvements are normally put in on demand of the city also. Mr. Rubel stated these would be the only improvements on the street. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT AN AGREEMENT BE ENTERED INTO WITH RUDOLPH J. LACAYO AND THE CITY BUT THAT THE IMPROVEMENTS BE PUT IN UPON DEMAND OF THE CITY. 7. Lake Community Center Building Expansion. Mr. Knight felt the expenditure of an additional $2,000 for en9ineering plans would not be money well spent. Mr. Torn asked if the city could delay the installation of the storeage room and go along with the installation of the kitchen facilities. Mr. Rede stated this could be done, the primary interest at this time is time and deadlines with the grant. Mr. Rubel stated with the revision of the plans there will be some features which will be eliminated and set up the bid schedule to allow the elimination of some interior finish if cost must be reduced. Discussion was led on doing the Community Center Improvements in phases, such as: 1) Kitchen; 2) Kitchen Equipment and 3) Storage Facilities. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DIRECT THE DIRECTOR OF BUILDING AND PLANNING REVIEW AND SUBr~lT AN ALTERNATIVE PLAN 1) BUILD THE ADDITION WITH OUR OWN FORCES UNDER AN OWNER/BUILD ER PLAN OR 348 Page three City Counci 1 Mi nutes December 14, 1982 CONSENT CALENDAR - Continued. ITEMS REMOVED FROM THE CONSENT CALENDAR - Continued. 7. Lake Community Center Building Expansion - Continued. DEVELOP A VIABLE SOLUTION TO ACCOMPLISH THE ADDITION AND REPORT BACK WITHIN ONE WEEK FROM TONIGHT'S MEETING. MR. TREVINO WILL WORK WITH A SUB-COMMITTEE TO BE MADE UP OF ARTA VALENZUELA AND LARRY KNIGHT. Mr. Rede reported that staff had spent a considerable amount of time researching whether or not the city could work as an owner/builder on this type of a project and it was determined there would not be any substantial savings and would require d verting key staff from what they are doing presently. - PUBLIC HEARINGS 31. Zone Change #82-12: Butterfield Savings and Loan from R-3 to C-l, located 250 feet northerly of intersection of Lakeshore and Riverside Drive. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Zone Change #82-12. Mr. Trevino reported the Planning Commission has reviewed a request to rezone two (2) contiguous 251 x 94' parcels and one (1) 50' x 941 parcel lying adjacent to commercially zoned property at the intersection of Lakeshore Drive and Riverside Drive from R-3 (Multi-Family Residence) to C-l (Limited Commercial). The zone change was requested to enable the applicant to utilize the property as a portion of a commercial banking facility. The Planning Commission has found the proposal to be in con- formance with the existing and proposed General Plan. Mayor Unsworth opened the public hearing at 8:25 p.m. asking those in favor of the project to speak. .... Jack Anderson, representing Butterfield Savings and Loan, 157 South Terra Cotta, Lake Elsinore, asked the Council to approve the application. Dick Murphy, local real estate salesman, spoke in favor of the project. Mayor Unsworth asked if anyone would like to speak in opposition to the zone change. No one asked to be heard. Mayor Unsworth closed the public hearing at 8:30 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 82-12 SUBJECT TO THE FOLLOWING FIVE CONDITIONS: 1. SUBMITTAL OF AN ACCURATE LEGAL DESCRIPTION FOR THE PROPERTY TO BE ZONE CHANGED . 2. ADOPTION OF ORDINANCE FOR ZONE CHANGE. 3. A FINDING OF CONFORMANCE TO EXISTING AND PROPOSED GENERAL PLAN. 4. A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT. 5. ISSUANCE OF A NEGATIVE DECLARATION. 32. Conditional Use Permit #82-9: R. R. Johnston, request to locate a mobile home as a Caretaker's Residence on Corydon Road. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of R. R. Johnston. Mr. Torn stated Mr. Johnston had asked him earlier in the evening if the Council would continue the hearing to another day. Mr. Trevino reported on November 2, 1982, the Planning Commission held a public hearing and revie\ve~ a re~uest to locate a mobile home as a caretaker's residence. Originally, thlS m~b~le home was allowed to be placed adjacent to Corydon Road under a 1975 Condltlonal Use Permit. Though the mobile home ... 34~ Pa~e four City Counci 1 Mi nutes December 14, 1982 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit #82-9 - Continued. had been displaced by the March, 1980 flood, much activity has occurred on the property the last two and one-half years. Staff stated to the Commission that the request to locate the mobile home cannot be reviewed without considering the existing facilities and activities on the property. ~ r-- f-.. "":) ~ ~ Mr. Trevino stated because of the significant commercial ultralight activity on the property, including open storage, take-off and landing, sales and service, the Commission felt that the Conditional Use Permit application should be denied and re-directed to City Council for consideration. Upon investigation, it was found that Perris Valley Ultralights had obtained a business license for an ultralight sales and service only at 16876 Lakeshore Drive and that business license expired June 20, 1982. Because of the activities involved, staff had originally informed the applicant that a conditional use permit would be needed for the Corydon Road operation. No such application was filed and Valley Ultralights (a new name) continues to operate without benefit of City approvals. Mayor Unsworth opened the public hearing at 8:34 p.m., asking those in favor of the project to speak. Dee Uhle~ living at the end of Joy Street, stated if this request is approved she would like to locate a trailer on her property because of all the dumping that is occuring on it. Mayor Unsworth asked if anyone would like to speak in opposition to the trailer request. No one asked to speak. Mayor Unsworth closed the public hearing at 8:35 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO TABLE INDEFINITELY. 33. Conditional Use Permit #82-12: Heritage Thrift and Loan, temporary office trailer at Stater Bros. on Mission Trail Road. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Heritage Thrift and Loan. Mr. Trevino reported on December 7, 1982, the Planning Commission reviewed a request for the utilization of temporary office trailer on a vacant 29,900 square foot parcel on Mission Trail. The 121 x 481 trailer would be used for a period of one (1) year as a thrift and loan facility while the per- manent structure is being constructed. Because of septic tank problems at Stater Brothers, the Commission recommended that sewage disposal be in the form of a holding tank for the facility. The Commission also recommended that the applicant be assessed a fair share for the signalization of Railroad Canyon Road/Mission Trail. Mayor Unsworth opened the public hearing at 8:37 p.m. asking those in favor of the project to speak. No one asked to speak. - Mayor Unsworth asked those in opposition to the temporary office trailer to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:37 p.m. Discussion was led on what the fair share of the signalization of Mission Trail and Railroad Canyon Road should be. The Planning Commission felt it should be by assessment or all businesses pay their proportionate share. Mr. Knight asked if the trailer was on site at this time. t~r.' Trevino stated the trailer was not on site. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT f82-l2 SUBJECT TO TEN CONDITIONS RECO~MENDED BY STAFF PLUS THE FOLLOWING ADDITIONAL CONDITIONS: 350 Paoe five City Council Minutes December 14, 1982 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit #82-12 - Continued. CONDITIONS OF APPROVAL - CONTINUED. 11. APPLICANT TO PROVIDE SEPARATE HOLDING TANK FOR TRAILER AND MAKE NECESSARY ARRANGEr.IENT WITH EVMvJD TO BE TIED INTO THE REGIONAL SEl'JER TREATMENT PLJ1.NT. 12. APPLICANT BE ASSESSED FAIR SHARE OF SIGNALIZATION. 13. ALL APPLICABLE PUBLIC SAFETY FEES TO BE COLLECTED. -- 34. TLntative Parcel Map 18811: Butterfield Surveys, Inc. - located at the Northeast Corner of Railroad Canyon, Mission Trail and South of Frontier Road. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Butterfield Surveys, Inc. for Tentative Parcel Map 18811. Mr. Trevino reported on November 2, 1982, the Planning Commission held a public hearing and reviewed Tentative Parcel Map 18811. This land division application proposes to create one (1) .6 acre parcel adjacent to Railroad Canyon Road and two (2) .3 acre parcels on a site which an existing mobile home sales lot is located. The Tentative Parcel Map will allow the applicant to create three (3) usable commercial parcels from portions of several odd shaped and basically unusable existing parcels. Mayor Unsworth opened the public hearing at 8:44 p.m. asking those in favor of the project to speak. Fr.ed Crowe, Butterfield Surveys, 620 W. Graham Avenue, stated his client is in agreement with the conditions of approval set by the Planning Commission. Mr. Crowe stated he did not feel the property could bare its proportionate share of the signalization. Mr. Torn stated there was not mention of street lighting or lighting and ~ landscaping districts in the report by staff. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE PARCEL r~,lI.p 18811, SUBJECT TO STAFF RECGr1MENDED CONDITIONS PLUS THE FOLLOWING ADDITIONAL CONDITIONS, WITH THE DELETION OF CONDTION 9 & 14: 19. INSTALLATION OF STREET LIGHTING. 20. FORMATION OF LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT. 21. PAY APPLICABLE PUBLIC SAFETY FEES. 22. PARTICIPATION IN THE FUTURE SIGNALIZATION OF MISSION TRAIL AND RAILROAD CANYON ROADS. Mr. Torn stated the assessment on the signalization of Mission Trail and Railroad Canyon Road would be based upon benefit. 35. Adoption of the General Plan Staff asked the Council to adjourn into Closed Session to discuss a legal matter pertaining to the General Plan. Council concurred and adjourned at 8:50 p.m. Council reconvened at 9:26 p.m. Mayor Unsworth opened the public hearing on the General Plan at 9:26 p.m. asking those who would like to speak to the Plan to do so. ... Dick Murphy, 18356 Sanders, stated he is involved in a parcel involving a 1912 subdivision map which is cut into high density use and is asking this be kept as high density because of its nearness to the freeway and the buffer zone between the Deon Corp. It is between Franklin and Main Streets. Judy Farrenburg, 32308 t1ission Trail, spoke to the Gateway Annexation. Area presently outside the City under consideration for annexation to the City, stating the General Plan is going to lower the density and did net feel this would be favorable to the landowners. Mr. Torn stated we have overlooked the pre-annexation zonings and the map does not coincide with action the Council has taken previously. 351 Page six City Council Minutes December 14, 1982 PUBLIC HEARINGS - Continued. 35. Adoption of the General Plan - Continued. Mr. Henshaw stated based on what has been said, there were pre-annexation hearings on the area and with direction he will re-color the map and re-do the matrixs in the General Plan. 0: l~ ~ '~ .~~ -. ~ - Mayor Unsworth closed the public hearing at 9:38 p.m. Moved by Torn, seconded by Valenzuela that the area the City designated as the Gateway Annexation be designated as low-density in the General Plan. (Motion and second withdrawn). Mr. Porter stated staff has reached a technical snag and asked for time to discuss the matter. Permission was granted by the Council. Mr. Torn stated there were a couple of subdivisions in the area Mr. Murphy was speaking to and asked Mr. Crowe to give the Council any additional in- formation he may have. Mr. Crowe stated he believes there are two subdivisions in the area Mr. Murphy was speaking to with Mr. Murphy owning a portion of one of the subdivisions. Mr. Murphy stated there is a ten acre parcel that is a part of the 1912 sub- division, there are 30 acres altogether, he owns 20, 10 acres were sold to another ownership that goes up along the ABC Heritage Road. There is at present 30 acres that was zoned into the 25' x 100' lots. There are 40' of the streets already cut into the subdivision. Mr. Porter reported there are very specific procedures that have to be followed when any changes are made to the General Plan. If the Council were to change anything to do with the Gateway Annexation Area, the matter has to be referred back to the Planning tommission to receive their input before the action can become final. In view of the deadline in which the General Plan must be adopted, tonight, it is not pOSSible to make the change on the map. Mr. Porter stated Council has made its intentions very clear to staff and eventually the General Plan will have to come into conformance with the Pre- Zoning of the Gateway Annexation, as opposed to changing the zoning to con- form with the General Plan. Staff recommended the Council direct staff to see that all the appropriate procedures are taken such as when the annexation comes before the Council the present pre-zoning will be in compliance with the General Plan. In this manner the Council will show its intent to preserve the present pre-zoning and yet be able to consider the adoption of the General Plan. Councflmember Torn withdrew his motion. Coupcilmem~er Valenzuela withdrew her second. Mr. Torn feels that Mr. Murphy's property should be a high density use, he felt the subdivision should be developed in its entirety, not each indiv- idual parcel. Mr. Torn stated he would prefer the change to come back at the same time as the Gateway Annexation area. - - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO PROCESS MR. MURPHY'S REQUEST THAT THE FIRST AVAILABLE DATE THAT THE CITY PROCESS HIS GENERAL PLAN ";AMENDMENT. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANmOUSLY TO APPROVE AND ADOPT THE RESOLUTION ADOPTING THE GENERAL PLAN, INCLUDING THE LAND USE ELEMENT, CIRCULATION ELEMENT, ENV IRONMENTAL RESOURCES MANAGE~lENT ELH1ENT, NOISE ELEMENT, COMMUNITY DESIGN ELEMENT, LAND USE MAP AND OVERLAY ZONE MAP NO.1 AND OVERLAY ZONE MAP NO.2. RESOLUTION NO. 82-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADOPTING A COrWREHENSIVE GENERAL PLAN. Ms. Valenzuela went on record as voting on the General Plan as she knows the seriousness of it not being passed tonight, as of this date, the reason she is voting on it is to save many problems and the stoppage of all construction that is so badly needed in our valley. Ms. Valenzuela is in accordance with 90~ 352 Page seven City Council Minutes December 14, 1982 PUBLiC HEARI~GS - Continued. 35. Adoption of the General Plan - Continued. of this plan, but will work diligently to change the area that she can not bring herself to fairly and justly agree with as so adopted,if adopted. Mayor Unsworth called for the question on the motion at this time. The motion passed unanimously. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE GENERAL PLAN WITH THE ATTACHED STATEMENT OF OVERRIDING CONSIDERATIONS. STATEMENT OF OVERRIDING CONSIDERATIONS CERTAIN SIGNIFICANT EFFECTS TN THE ENVIRONMENT HAVE BEEN IDENTIFIED IN THE FINAL E.I.R. WHICH CANNOT BE MITIGATED. THE CITY COUNCIL HAS ADOPTED THE GENERAL PLAN, EVEN THROUGH SUCH SIGNIFICANT EFFECTS ARE ANTICIPATED TO OCCUR, FOR THE FOLLOWING REASONS: (1) STATE LAW REQUIRES EACH CITY TO ADOPT AND IMPLEMENT A GENERAL PLAN; (2) THE SIGNIFICANT EFFECTS WILL BE LESS DETRIMENTAL TO THE PUBLIC THAN THOSE EFFECTS THAT WOULD RESULT IN THE ABSENCE OF A GENERAL PLAN; (3) ALL REASONABLE ALTERATIONS AND MITIGATION MEASURES HAVE BEEN INCORPORATED IN THE GENERAL PLAN AND FINAL E.I.R.; (4) ALTERNATIVES TO THE PROPOSED GENERAL PLAN HAVE BEEN CONSIDERED; AND (5) THE GENERAL PLAN PROVIDES FOR THE REASONABLE AND ORDERLY DEVELOPMENT OF LAND WITHIN THE CITY, PROVIDES FOR THE PROVISION OF THE PUBLIC FACILITIES, PROVIDES FOR THE PROTECTION OF LIFE AND PROPERTY RESULTING FROM NATURAL DISASTERS. COUrlCIL CONCURRED TO TAKE A BREAK AT 9: 59 P.M. COUNCIL RECONVENED AT 10:04 P.M. BUSINESS ITEMS 51. Presentation by State of California Energy Commission Mr. Michael Smith, Office of Small Power Producers, State of California and Mr. Gene Culver from the Geo-Heat Center at the Oregon Institute of Technology discussed with members of the Council, staff and citizens the potential for using the abundant, low-temperature geothermal resources located in the valley. Mr. Culver and Mr. Smith presented a slide show illustrating the applications most adaptable to low-temperature resources and the type of equipment necessary for conversion from conventienal fuels. -- , .... 52. Request for Waiver of Conditional Exception Permit - StellrechtjCrowles Mr. Trevino reported the applicants have been directed by staff to obtain a Conditional Exception Permit (variance) or submit revised plans for a 44 lot, single-family residential tract. The plot plan for this project indicates fireplace structures encroaching into the required side yard setback. The project is located within the R-3 (Multi-Family) Zoning District, which requires a minimum side yard setback of five (5) feet. The main structures ... have been situated five (5) feet back from the side property lines, however, the fireplaces encroach eighteen (18) inches into the side yeard setback area. Mr. Trevino stated the applicants have requrested a waiver from the conditional exception process and an interpretation of the Code. If this first request is not granted, the applicants request expeditious prcessing for a conditional exception application permit in the form of a directive to the Planning staff to advertise simultaneously for both Planning Commission and City Council. Staff has determined that a fireplace extending from the ground to the roof is part of the main structure and subject to the main dwelling setback re- quirements of five (5) feet. tl:Ja Page eight City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued. 52. Request for Waiver of Conditional Exception Permit - StellrechtjCrowles - Cont'd. Wel Buck, 2961 Elm Lane, stated there are a number of housing tracts throughout the city where fireplaces have not been considered a part of the main house structure. Mr. Torn asked if the city has allowed this type of exception in the past. Mr. Trevino stated the city has allowed this in the past, however his inter- pretation is that it is not an acceptable architectural projection. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT IT IS A FINDING THAT FIREPLACES ARE AN ARCHITECTURAL PROJECTION AND THAT THE ORDINANCE SHOULD BE AMENDED TO REFLECT THIS. 53. Grading Plan for Jim Magill - property located at Iowa Street and Lakeshore Drive Mr. Rubel reported the existing elevations on the lot upon which the grading plan is requested is located on Assessor Parcel No. IS 379-216-001, 002 and 003. The existing elevations on the lot vary from 1262.6 to 12681. The site is zoned Commercial (C-l) and the Zoning Code would allow residences to be constructed on this lot. The proposed grading plan proposed placing 2,508 cubic yards of fill on the lot and raising the finish surface approximately four feet, to an average elevation of 1269 to 1270. Approximately 75% of the site is presently within the 100 year flood plain or below elevation. Mr. Rubel reported that due to Ordinance 603 and 711 and the established City Council policy of prohibiting fill below the elevation of 12651, this request is before the City Council for determination. Jim Magill, owner of the property at the corner of Lakeshore Drive and Iowa Street, stated he understands the concern of the City Engineer and Planning Department that it is his intent to use the property for residential development. Mr. Magill stated he does not intend to use the property for residential use and does not object to putting a restriction on it that it be used for commercial purposes. Mr. Porter stated the Council needs to bear in mind the reason there are re- _strictions on the property in relation to fill is because the Federal Flood Insurance regulations provide that the City can not allow such an amount of fill that will raise the water levels one foot. en l'- t-- '-::> .-, o.-.i - ~ Mr. Unsworth stated it should be noted that there is a dike on the property that helped divert the flood waters of 1980 around his property. Mr. Magill stated the ordinance states you can fill if it does not raise the level of the lake one (1) foot. The amount of fill he is requesting will not raise the level of the lake. Mr. Torn felt that fill should not be allowed until the Council knows what amounts of fill will actually raise the level of the lake. MOVED BY TORN, SECONDED BY KNIGHT TO DENY THE REQUEST. (MOTION FAILED) AYES: NOES: ABSENT: TORN KNIGHT, VALENZUELA, UNSWORTH MACMURRAY MOVED BY VALENZUELA, SECONDED BY UNSWORTH TO APPROVE THE REQUEST. (MOTION FAILED) AYES: NOES: ABSENT: VALENZUELA, UNSWORTH KN IGHT, TORN MACMURRAY Council concurred to put this item on the next agenda when there would be a full Counci 1. ii54' Page nine City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued. 54. Appeal of Plumbing Code Requirements - Ronnie's Sandwich Shop Mr. Trevino reported that Ronnie's Sandwich Shop, 31361 Riverside Drive is changing ownership. This shop does not, at present, have a grease trap. The agent for the owner, Mr. Evitt, is requesting a waiver from the Plumbing Code requirements which require grease traps to be installed and functioning in places where food is dispensed for public consumption. Mr. Trevino stated the Council needs to declare themselves the Appeals Board on this item. M~. Tr~vino reported there have been problems with grease in the city's sewer llnes ln the area of Ronnie's Sandwich Shop. I -J MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE COUNCIL DECLARE THEMSELVES THE APPEALS BOARD. Wally Borchard, Sewer Plant Operator, reported the lift station that services the area of Ronnie's Sandwich Shop has had an extensive problem with grease build-up and is causing an increased maintenance problem. Melvin Evitt, 38160 Via La Cocina, ~1urietta representing the owners of the sandwich shop, stated the owner will be conducting business identical to the previous owners. The grease in the shop is recycled, and little if no grease goes into the city's sewer system. Mr. Trevino reported when there is a change of ownership, the full force of the code must come into effect. We are dealing with Health and Safety factors which will effect our sewer lines and their maintenance. Mr. Unsworth felt that only new businesses should be effected or all businesses should be made to come up to code. Ms. Valenzuela felt that if we require one business to come up to code, the Council should require all the businesses to come up to code within a given time period. Mr. Porter suggested that if the Council approves the waiver the rational be that it is a change in ownership and it is a continuing use of the premises. However, if a business closes for 30 days, then is reopened, then that business should come up to code. Mr. Porter further suggested that staff come up with an ordinance requiring all businesses to come up to code, however; with a large amount of time for the owners to do whatever work is necessary to bring it up to code requirements. -... MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED THAT BECAUSE THIS IS AN EXISTING AND CONTINUING USE, THAT THE GREASE TRAP NOT BE REQUIRED. AYES: NOES: ABSENT: TORN, VALENZUELA, UNSWORTH KN IGHT MACMURRAY Mr. Torn suggested the Council sit down in a study session to discuss whether the City would want to bring buildings up to code at the time of change of ownership. Council concurrerl with no date set. Discussion was led on what the procedures were for bringing rental units up to code. It was discussed that this item was to come back before the Council after the General Plan was adopted. Mr. Porter asked the Council for direction to staff that all existinq and continuing uses at the change of ownership would not require the installation of grease traps. ...,/ MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED THAT UNTIL THE COUNCIL REACHES A DECISION ON BRINGING BUILDINGS UP TO CODE AT THE CHANGE OF OWNERSHIP THAT ANY CONTINUING USE WILL NOT BE SUBJECT TO BEING BROUGHT UP TO CODE BUT IF THE USE LAPSES FOR THIRTY (30) DAYS OR MORE IT SHOULD BE TREATED AS NEW CONSTRUCTION. Cf:; ~ l"'- ~ ~ o Ba:J Page Ten City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued. 55. Request for occupancy of motorhome and cab-aver-camper as security for Christmas tree sales lot adjacent to 32260 Mission Trail. Mr. Rede recommended the Council allow occupancy of the motorhome as sales office/security and formal application with accompanying fees be received within five (5) days and prohibit the use and occupancy of cab-aver-camper. Mr. Gibson, tree salesman from Oregon, stated nothing was said about the occupancy of the cab-aver-camper and motorhome at the time he obtained his license. Mr. Gibson stated the property will be cleaned up after the sales have concluded. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO ALLOW OCCUPANCY OF MOTORHOME AS SALES OFFICE/SECURITY UNTIL THE USE EXHAUSTS THE PURPOSE AND INTENT \~HICH WOULD BE DECEMBER 26, 1982. Mr. Knight stated that he will not at any time in the future give approval to an item or request after the fact. Council concurred to make a policy statement that they will not give approval to items or requests after the appl icant has al ready started~tbeLlseofor..\'Jhtch he is requesting. Ms. Valenzuela asked for staff clarification of storage of vehicles on private property. Mr. Rede will obtain the information for Ms. Valenzuela. 56. Resolution making findings on petition to construct public improvements by Assessment (Parcel Map 16,000). Mr. Rubel reported on April 14, 1982, the City Council approved an extension of time to April 20, 1983, for Tentative Parcel Map 16,000. This is the pro- posed Warm Springs Industrial Park located at Collier Drive and Central Avenue. Adoption of the resolution initiates the assessment proceedings which will provide for construction of all necessary public facilities for the industrial park costs to be assessed against the parcels within the boundaries of Parcel Map 16,000. The developer will provide a sewage treatment facility on an adjacent 10 acre parcel. The sewage treatment facility and effluent disposal plant has been approved by the Regional Water Quality Control Board. The . 10 acre treatment plant site will be under control of the City of Lake Elsinore . and the City will operate and maintain the treatment plant. Provisions will be made for costs of treatment plant operation and maintenance to be charged to the lot owners within the parcel map boundaries. The developer anticipates that eventually the sewage from this development will be discharged into a Regional or City treatment facility and the 10 acres of property would then be quit claimed back to Warm Springs Associates. Max Sloan, Berryman and Stephensons, Inc. consultants to governmental agencies gave information regarding what services his company can provide to the City. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIt10USLY TO ADOPT THE RESOLUTION MAKING FINDINGS ON PETITION AND APPOINT BERRYMAN AND STEPHENSON, INC. AS ASSESSMENT ENGINEERS, AND THAT BERRYMAN AND STEPHENSON BE DIRECTED NOT TO DO ANY WORK UNLESS FUNDS ARE DEPOSITED WITH THE CITY TO COVER THE WORK TO BE DONE. RESOLUTION NO. 82-84 RESOLUTION OF THE CITY COUNCIL MAKING FINDINGS ON PETITION. '356 Page El even City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued. 57. Request for Permanent.Residence of Auto Dismantling Yard for Guy Taylor, located at 17185 Colller Avenue. Mr. Trevino reported at the regularly scheduled meeting of the City Council on December 8, 1981, Mr. Taylor reapplied to continue an existing dismantling yard on M-l (Manufacturing District) property. The City Council continued the existing conditional use permit until December 31, 1982. The applicant received initial approval from the City Council on April 7, 1974, ... through the conditional use permit procedure for a period of five (5) years. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED TO APPROVE STAFF RECOM- MENDATION TO DIRECT MR. TAYLOR TO FILE FOR A CONDITIONAL USE PERMIT WITH - THE PLANNING COt1MISSION. AYES: TORN, VALENZUELA, KNIGHT NOES: UNSWORTH ABSENT: NONE 58. Korn Memorial Scholarship Procedures Mr. Ronnow stated in 1972, the City of Lake Elsinore became trustee for the Adolph Korn Estate, amounting to $13,816.39. The original judgment stated that the money was to be used for the purpose of building a nurses' home for the proposed Hospital of Elsinore. Until that time, all interest earnings from the estate would be used as a scholarship fund for the purpose of training and educating residents of Lake Elsinore in the profession of nursing. Currently the City awards an annual scholarship of $500.00 ($250 per semester). High School counselors select the candidates and the finalist is chosen by a member or members of the City Council. Since there are no official procedures existing at this time and because our auditors require minute action establishing parameters for disbursing these funds, staff recommends Council take action on the staff recommendation. -- Discussion was led on having a sub-committee of the Council to review the applications and make determinations on residency requirements. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FOLLOWING GUIDELINES: 1. Council appoint Selecting Committee to be made up of Arta Valenzuela and Howie Torn; 2. Documentation from School District of qualified applicants; 3. Establish an award in amounts of $250 at the end of each semester upon proof of attaining "B" (3.0) grade point average; 4. Publicity procedures to include pre and post-award press releases; 5. Residency requirements to be determined by the Committee. 59. Establishment of Industrial Development Authority Mr. Steel reported on November 9, the City Council directed staff to investigate the procedures for establishing an Industrial Development Authority (IDA). Under the California Industrial Financing Act (AB74), cities are authorized to create industrial development bond authorities which may issue tax-exempt bonds to finance assembling, fabricating, manufacturing or energy related facilities for private enterprise. Bonds issued under the Act are repaid soley by the private company and do not represent an obligation of the public entity. In effect, the City acts as a conduit by allowing businesses to borrow money utilizing the City's tax exempt status. Financing is provided to the private firm at 2-4 points below market interest rates. I - MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO PREPARE AN ORDINANCE ESTABLISHING HmUSTRIAL DEVELOpr.1ENT AUTHORITY (IDA) AND APPOINTING THE CITY COUNCIL AS DIRECTORS. 35'1 Page Twelve City Counci1 r~inutes December 14, 1982 BUSINESS ITEMS - Continued 60. Request for Waiver of Conditional Use Permit - Rivera Mr. Trevino reported there has been continuing interaction between Mr. Rivera and city staff. It appears that Mr. Rivera has been sufficiently advised throughout the past 2 - 3 months that he would need a conditional use permit __ in order to operate an arcade. Mr. Rivera further aggravated the matter by performing remodeling work without the benefit of proper permits. Permits were eventually taken out. Staff recommends denial. Mr. Rivera, 15195 Joy Street, Lake Elsinore, stated he is only asking for temporary permits until he can obtain a CUP or waiver of a CUP. Dick Evitt, representing the owner of Ronnie's Sandwich Shop, asked if it is approved that the arcade be limited. Mr. Porter stated the City Council is not in session to limit trade in the City, they are to consider the request for waiver of the Conditional Use Permit. ~ l'- t-. 1-;:) o o MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY THE REQUEST, THE APPLICANT TO GO THROUGH THE CONDITIONAL USE PERMIT PROCESS AND STAFF TO FAST TRACT. 61. Installation of Lindsay Street Off-Site Improvements - Butterfield Development Corporation. Mr. Rubel reported in July, 1979 a single family residence was constructed on the southwest corner of Lindsay and Limited Streets. The owner/builder did not complete installation of all appropriate off-site improvements. Street improvements were not enforced at that time and temporary power was allowed to be connected. Since that time no further assessments have been made. The Butterfield Development Corporation is planning a 40 unit apartment project to be located at Limited, Poe and Lindsay Streets. Butter- field Development Corporation is offering to complete all street improvements on Lindsay Street in exchange for Capital Improvement Fee reduction for the cost of the improvements which is above that required by the City for their project. Mr. Porter reported the general contractor did not complete the paving, and did not receive a certificate of occupancy. The owner is located on the property, and for one reason or another, staff failed to pick this up. Normally the city would have an agreement they would call in, however there is not an agreement in this case, but in view of the fact there was not a certificate of occupancy issued for the home, the city is in a very strong bargaining position to suggest the owner arrange to have the paving done at this time. Mr. Fred Crowe felt that by having the street done all at the same time, the best possible price could be obtained. Mr. Porter stated the City could suggest the Chatteau's work with Butterfield Survey, but the owner of the property does have the option to do the work by hiring another firm. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO USE THEIR BEST EFFORTS TO HAVE MR. CHATTEAU MAKE HIS OWN ARRANGEMENTS BUT GIVE STAFF THE DISCRETION THAT IF MR. CHATTEAU DOES NOT WANT TO MAKE HIS OWN ARRANGEMENTS WE CAN ENTER INTO THE AGREEMENT WITH BUTTERFIELD DEVELOPMENT CORPORATION AND CREDIT THEIR CAPITAL IMPROVEMENT FEES FOR THE WORK PERFORMED. PUBLIC COMMENTS Earl Sproule, Jesco Vending, stated he has his equipment at the business that was discussed earlier in the evening, and wanted everyone to know that he has paid his business license fees. 858 .Page Thirteen City Council Minutes December 14, 1982 PUBLIC COMMENTS - Continued. James Mural, 1410 Morrow Way, stated he has applied for a business license to sell the Lo-Tel Service. He was told he would have to be finger-printed and investigated. He is a teacher and has already been investigated. Council .discussed the matter with the majority feeling that the pOlicy within the ordlnance was changed. The City Manager is to report back to the Council regarding this item. Dick Evitt, representing the owners of Ronnie's Sandwich Shop, asked for clarificati~ on the action the City Council took regarding his grease trap. Council stated they would be considering the item further during a study session. Bob Jacobson reported on the progress of the Gazebo Project at the Park on Main Street. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 1:06 A.M. COUNCIL RECONVENED AT 1:13 A.M. REPORTS AND RECOMMENDATIONS Mr. Knight reported at the corner of Central and Freeway, there are seven or eight cars parked in what appears to be a non-running condition. The area is beginning to look like a junk yard. Staff will look into the matter. Mr. Knight also reported there is a sign advertising a housing tract in the same location. Staff will verify that all the permits were taken out. Ms. Valenzuela reported on the conference in Monterey, stating a written report will be forthcoming. Mr. Torn reported he would like to see something done on the public safety fees; staff to start thinking about the lakeshore security and capital improvement funds which have not been indexed recently and may need to have fee increases. ... Mr. Unsworth reported that the Small Business Administration has done a turn-around on financing, family type businesses will now have a high priority. Mr. Unsworth stated he has received a memo from Candy at the Park and Recreation District, re- garding office sharing. Further discussion on this will be set for another date. Mr. Unsworth reported the City Manager has requested permission to attend Employees Relation Institute. - MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE CITY MANAGER TO ATTEND THE EMPLOYEES RELATION INSTITUTE. Mr. Unsworth reported he has received a letter from Mr. Watt regarding the storage shed relocation behind the Chimes on Graham and Spring. Staff will follow this up. COUNCIL ADJOURNED TO CLOSED SESSION AT 1:20 A.M. FOR LITIGATION AND PERSONNEL. COUNCIL RECONVENED AT 2:31 A.M. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT FRIDAY, THE DAY BEFORE CHRISTMAS AND THE FRIDAY BEFORE NEW YEARS BE CELEBRATED AS CITY HOLIDAYS WITH NO BUSINESS TO BE UNDERTAKEN. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE AND ADOPT A NEW CLASSIFICATION OF SENIOR ADMINISTRATIVE ASSISTANT AT SALARY RANGE OF 53.5. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION AND NOTIFY SOCIAL SECURITY BOARD ADMINISTRATION OF THE STATE OF CALIFORNIA REQUESTING TERMINATION OF COVERAGE EFFECTIVE DECEMBER 31, 1984, REQUESTING TERMINATION OF THE SOCIAL SECURITY (OLD AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE) AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE STATE OF CALIFORNIA. .... Bn~-' Page Fourteen City Council Minutes December 14, 1982 REPORTS AND RECOMMENDATIONS - Continued. RESOLUTION NO. 82-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING TERMINATION OF THE SOCIAL SECURITY (OLD AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE) AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE STATE OF CALIFORNIA. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 2:34 A.M. a-; l'- l"- '-:> Cl o L~~J HN G. UNSWORTH, MAYOR ity of Lake Elsinore ATTEST: - ijtiU CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 28, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:34 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance to the Flag was led by Councilmember Knight. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY Also present were: City Manager Rede, City Clerk Harrinaton, City Attorney Porter, Community Development Director Trevino, Finance Director~Ronnow and City Engineer/ Public Works Director Rubel. . CONSENT CALENDAR The following items were removed for further discussion and consideration: Mr. Torn asked that item 2 be removed. Mr. Carter asked that items 3, 4, and 5 be removed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes: A. Special Meeting: B. Regular Meeting: December 14, 1982 - Approved as presented. December 14, 1982 - Approved as presented. ... 2. Final Map for Tract 16452 - Removed from the Consent Calendar. 3. Claim - Southern California Gas Company - Removed from the Consent Calendar. 4. Claim - Olga Marie Moreno - Removed from the Consent Calendar. 5. Claim - Samir Madik - Removed from the Consent Calendar. 6. Set for Public Hearing - Zone Change 82-10 (January 25, 1983) - Approved. 7. Set for Public Hearing - Conditional Use Permit 82-11 (Feb. 8, 1983) - Approved. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Final Map for Tract 16452 Mr. Torn stated that apparently through an oversite, there was an assumption that the property was located in the Sewer Assessment District. Mr. Torn stated the staff recommendation is to approve, witha deed restriction giving notice to purchasers of the lots that they cannot be hooked up to the Sanitary Sewer System. Staff did not provide an alternate requirement for the sewer system, or provide a requirement for the owners of the property to obtain approvals from the County of Riverside Health Department for an alternate sewer system. Mr. Torn asked what the purpose was in creating lots of record if the lots cannot be hooked up to the sewer system, or be required to obtain an alternate sanitary system. -- Mr. Porter reported the County of Riverside Health requirements would apply whether or not they are conditioned on the map. Once the tentative map is approved, there is virtually no way to add conditions. Discussion ensued on the best way of notifying the potential purchasers of the lots that sewer was not available through the City. It was suggested, in addition to the map having a statement to this effect, that individual deed restrictions be prepared for each lot. 3"1 Page two City Council Minutes December 28, 1982 ITEMS REMOV ED FRm1 THE CONSENT CALENDAR - Cont i nued. ~ l:- t-- ''":) c:~ o 2. Final Map for Tract 16452 - Continued. Mr. Porter asked Council if he could discuss the matter of notifications with ,the City Engineer at the Break and make a recommendation after the meeting. Council concurred to continue this portion of the Final Map until such time. Mr. Knight stated when the street is built, prior to selling the lots, that the Machado Street right-of-way be completed back to the right-of-way line. Mr. Knight further recommended the trees which front this property along t~achado Street be removed and be replaced with new trees of 15 gallon size or larger. Mr. Knight felt the trees would be a hazard if the road were to be completed and the trees left in. The trees would be removed from Parkview to the Trailer Park Property. Mr. Torn stated that Machado Street is one of the last streets in town that have the old landmark trees. He is opposed to having any of the trees removed. He felt this is a part of the history of the town. Mr. Porter reported the Council has very little discretion in approving the final map if it is in compliance with the conditions of the tentative map. Mr. Torn stated the initial map was based on the installation of the off-sites that the curb and gutter be behind the streets, so that the trees actually sit between the finished curb and gutter and the street. Mr. Torn stated the condominiums built on Parkview have improvements in but the trees have not been removed and thought this tract was designed the same way. Mr. Rubel reported the improvement plans which have been approved do provide for the trees to remain. Mr. Knight felt the trees would be a hazard and could have accidents as a result. Mr. Knight would like them removed for safety reasons. This item was continued to later in the meeting until the City Attorney and City Engineer discuss the matter of the deed restrictions. 3. Claim - Southern California Gas Company 4. Claim - Olga Marie Moreno 5. Claim - Samir Madik Mr. Porter explained that item #3 the city broke a gas line and Southern California Gas is now asking the City to pay for it. It is the normal process to present a claim and nothing further takes place until the City Council rejects it. Mr. Porter reported that claims #4 and #5 both refer to people driving into pot holes MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO REJECT AND REFER THE CLAIMS TO THE CITY ATTORNEY. PUBLIC HEARINGS 31. Zone Change #82-11 - W. Yanagisawa, Wes Cal Nursery Mayor Unsworth announced this was the time and place fora public hearing pursuant to the application of W. Yanagisawa, Wes Cal Nursery for a zone change of 1.25 acres from R-l (Single-family Residence) to R (Recreation District) on property located on Mission Trail, 500 feet South of Sed co Boulevard. Mr. Trevino reported the applicants, Wilfred and Beverly Yanagisawa, were unable to attend the December 28th, 1982 meeting and have requested that the Hearing be continued to the meeting of January 11, 1983. The City Clerk reported no written communications have been received on the zone change request. Mayor Unsworth opened the public hearing and asked if anyone would like to speak in favor of the project. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the zone chan<]e. rlo one as ked to speak. 362 Page three City Council Minutes December 28, 1982 PUBLIC HEARINGS - Continued. 31. Zone Change #82-11 - W. Yanagisawa, Wes Cal Nursery - Continued. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE THE PUBLIC HEARING TO JANUARY 11,1983. BUSINESS ITEMS 51. Request for Extension of Time, Tract 15627 Mr. Trevino reported Parcel Map 15627 is a subdivision of 12.71 acres into 4 single-family parcels, ranging in size from 2.02 to 5.23 acres. This parcel map is located adjacent to the western City limits, northeast of the intersection of Pierce Street and Baker Street. The applicant has requested a one-year extension to meet the conditions. The City Engineer's office has indicated that there has not been any correspondence with the applicant regarding the conditions of approval. There is presently some activity on the parcel including a trailer and other residential facilities. The proponents of the activity submitted a conditional use permit application November 2, ho\~ever, that application has not yet been accepted as complete for processing. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DENY THE REQUEST FOR EXTENSION OF TIME. 52. Commercial Project #82-7: R. Weymouth Mr. Trevino reported the Planning Commission and Design Review Board reviewed a proposal for a commercial building on a 751 x 1351 lot west of King Video utility station. Because this proposal is within the CP (Commercial Park District), it must be reviewed by the Planning Commission and City Council, as well as the Design Review Board. The Planning Commission recommended deletion of two (2) conditions proposed by the City Engineer. One condition called for the applicant to sign an agreement to participate in the equitable cost of ... signalization for the Lakeshore Drive and Riverside Drive intersection. The other condition was to sign a similar agreement to participate in the cost of extending the Four Corner storm drain. Mr. Torn asked if there was a reason the off-site improvements can not be . pu tin. Mr. Rubel stated he did not know of a reason why the improvements could not be required to be put in. Discussion ensued regarding the width of the street and other improvements in the area and possible future plans of Edison Company for undergrounding in the area. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE COMMERCIAL PROJECT #82-7, SUBJECT TO THE FOURTEEN (14) PLANNING COMMISSION AND FIVE (5) DESIGN REVIEW BOARD CONDITIONS WITH THE FOLLOWING CONDITION TO BE ADDED: PARTICIPATION IN THE FUTURE SIGNALIZATION OF LAKESHORE DRIVE AND RIVERSIDE DRIVE. 53. Request for Permanent Status of Auto Dismantling Yard: Taylor Mr. Trevino reported at the City Council meeting of December 14, 1982, Council directed staff to research Mr. Iaylor1s request for permanent status of his auto dismantling yard located at 17185 Collier Avenue. Previously, at the City Council meeting of December 8,1981, Mr. Taylor reapplied to continue an existing dismantl ing Yard on M-l (Manufacturing District) property. Mr. Taylor had received initial approval for a period of five (5) years. Prior to this Council date, the applicant appeared before the Planning Commission and was allowed the operation based on the following two reaSons: 1) There had been no complaints, and 2) The project was not unattractive. Mr. Taylor has requested the City Council grant him permanent residence for his auto dis- mantling business. Staff has reviewed the history of this operation and is of the opinion that the applicant has met the requirements of the Municipal Code and recommended Council approve Mr. Taylor's request. Mr. Taylor for the most part, has removed the storage from outside of fence. -- Bti3 Page four City Council Minutes December 28, 1982 BUS INESS ITEMS 53. Request for Permanent Status of Auto Dismantling Yard: Taylor - Continued. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR PERMANENT STATUS SUBJECT TO THE TWO FOLLOWING CONDITIONS: 1) APPLICANT SUBMIT A DETAILED PLOT PLAN OF THE PROPERTY AND ITS USE. 2) APPLICANT TO SUBMIT A LEGAL DESCRIPTION OF THE ENTIRE PROPERTY. Mr. Torn stated he felt that auto dismantling yards are not in conformance with the goals of the Redevelopment Agency. 54. Chamber of Commerce Request Mr. Rubel reported staff has received a request from the Chamber of Commerce to install an overhead power line in a City right-of-way. Edison Company will not extend power service beyond a pole one-quarter mile northerly of the Chamber Sports Center north property line. Edison will not extend service closer to the lake than elevation contour 1265. The Chamber of Commerce needs power to the site where they are operating the B~'X Track, developing a park for Little League and redeveloping the rodeo grounds. Edison Co. will terminate power on a meter pole on the east side of Lucerne Street approximately one-eighth mile south of Lakeshore Drive, the Chamber of Commerce will span to their pole on the west side of Lucerne Street and continue southerly, placing eight poles at 250 feet apart. The pole line will be 5 feet east of the west line of the 60 foot right-of-way. There will be four conductors to provide 3 phase, 480 volt, 200 ampere service. Mr. Porter recommended the applicant apply for an encroachment permit so that staff can insure that the proper insurance is obtained and that if necessary the city can require the poles to be removed, and the City Manager and Attorney to prepare an agreement. O"J r-. f'. '""':) -, ...... o -- Mr. Torn stated concern that the Chamber of Commerce will be providing power to Elsinore Ultra Lites. Mr. Vie, representing the Chamber of Commerce, stated the Chamber is basically assuming the responsibility of providing power when the Edison Company leaves off. Mr. Vic stated that if the Elsinore Ultra Lites are allowed to be in business by the City then if the Ultra Lites need power he sees no reason why they could not utilize the power they need as long as they pay for it. Discussion ensued regarding where the ultra lights fly and it was stated the ultra lights do not fly in this area. ~.10VED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE ENCROACHMENT PERMIT AND THE INSURANCE AGREEMENT TO BE DONE AT THE STAFF LEVEL BY THE CITY ATTORNEY AND CITY MANAGER, ULTRA LIGHTS TO APPLY FOR AN ENCROACHMENT PERMIT AT THE ST,A.FF LEVEL AND ENTER INTO AN AGREEi-1ENT t~ITH THE CITY. 55. Gynn McCowley Request on renewal of Conditional Use Permit 77-9 Mr. Trevino reported a letter was received from Gynn McCowley regarding a request for renewal of a Conditional Use Permit #77-9. Mr. Trevinofeels staff needs to do some research on this request. The Conditional Use Permit is an old permit and the records are very limited. Gynn McCowley stated when she received her conditional use permit in 1977, she was not told it was on a two (2) year basis. This came to her attention when she applied for permits to repair damage caused by the storm. The business isa mobile home sales office. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEi~ UNTIL STAFF OBTAINS SOi1E BACKGROUND IiJFORi~ATION. THE IT Ei'! TO BE CONTINUED TO THE NEXT COUNCIL ~EETING. 56. Extension of Expired Conditional Use Permit - 31782 Mission Trail Mr. Trevino reported that in October and November of 1980, the Plannina Commission and City Council aooroved a Conditional Use Permit for Valley ~obile Home Sales at 31782 Mission Trail. 364 Page five City Council Minutes December 28, 1982 BUSINESS ITEMS 56. Extension of Expired Conditional Use Permit - 31782 Mission Trail - Continued. Mr. Trevino reported that on October 19, 1982 a letter was written to Mr. Vierstra advising him of the fact that his Co~ditional Use Permit had expired. Mr. Vierstra did not respond and as a consequence, the Zoning Enforcement Officer commenced site investigation which revealed that the property was unsightly and the trailers located thereon were not secured properly and thus created an unsightly image. Mr. Trevino presented pictures of the site to the City Council. ___ Mr. Vierstra was not present to speak on the matter. Mr. Trevino stated that Mr. Vierstra was notified of the meeting. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DENY THE REQUEST AND THAT THE APPLICANT BE ORDERED TO REMOVED THE TRAILERS IMMEDIATELY. 57. Lake Community Center Expansion (Resolution) Mr. Trevino reported at the December 14th City Council meeting, the Council directed the Director of Community Development to research the possibility of completing the expansion through other means, i.e., owner-builder, day labor, or material and supplies~ etc. Further, a committee composed of Councilwoman Valenzuela and Councilman Knight were appointed to work with the Director of Community Development. The committee and staff feels the expansion can be accomplished considerably cheaper than the previously rejected Council bid of $87,288. The passage of this resolution then would be the first step in the process. Mr. Carter, 109 N. Lowell ,stated he would like a committee set up of members from outside the City Council to look at the Center Expansion. Mr. Knight asked Mr. Carter how many times he has asked when the Senior Citizen meals will be relocated into the Community Center. Mr. Carter stated he has mentioned it before. ... Mr. Porter read the following letter from Mr. MacMurray regarding the Lake Community Center Expansion: I am in favor of awarding the contract for the Community Center, as negotiated by Mr. Trevino, for $80,000, to include painting of the building and some landscaping. I want permits issued in regular form, a performance or completion bond, and inspection by a qualified person before money is paid out or the job accepted. Mr. Porter stated Mr. MacMurray understands that this letter can not be accepted as a vote. RESOLUTION NO. 82-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT THE CITY CAN PERFOffi~ THE LAKE COMMUNITY CENTER EXPANSION MORE ECONOMICALLY THAN THROUGH BID PROCEDURE. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-87. 58. Norman Industries Community Development Block Grant Project Mr. Steel reported on December 14, 1982, bids were opened for the Norman Industries Community Development Block Grant Project. As the project sponsor, the City performed the bid analysis and must nO~1 recommend the lowest responsible--- bidder to the County of Riverside and Norman Industries. The City will not formally award the contract but will only provide its recommendation. Bids were submitted by 13 firms. The bids ranged from $479,583 to $598,001. The three (3) lowest bidders were as follows: (1) Ronald L. Roberts & Associates (2) Mathis Construction Company (3) McAlpine and Salyer, Inc. $479,583 $481 ,422 $489,435 The apparent low bidder, Roberts & Associates failed to provide a list of subcontractors as required by law. Because of the project size and complexity, the bidder did not plan to complete the project v/ith its own employees. There- fore the City Attorney reco~mended that we disqualify the low bidder from this project. ~tl:l Page six City Council Minutes December 28, 1982 BUSINESS ITEMS - Continued. 58. Norman Industries Community Development Block Grant Project - Continued. Mr. Porter presented the City Clerk with a letter from Ronald L. Roberts and Associates, Inc., stating it was the company's intent to use subcontractors, stating they did not include a subcontractors list in the bid documents and asked that their bid be withdrawn from further consideration. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO RECOMMEND AWARDING OF BID FOR NORMAN INDUSTRIES COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT TO MATHIS CONSTRUCTION COMPANY IN THE A~OUNT OF $481,422 AND THAT THE RONALD L. ROBERTS AND ASSOCIATES BID BE ALLOt'lED TO BE t-!ITHDRAI'!N. COUNCIL RECESSED AT 8: 59 P.M. COUNCIL RECONVENED AT 9:11 P.M. COUNCIL CONCURRED TO TAKE UP ITEM #2 FROM THE CONSENT CALENDAR. ~ t~ t-- ''":) -, [p.-~ 2. Final Map for Tract 16452 - Continued. o Mr. Porter stated concerning the sewer problem, staff recommends that a separate notification of the sewer problem be recorded for each parcel created by the map, that the language not be placed on the map itself. Staff further recommended the Council direct staff to communicate \vith the Department of Real Estate, specifically bringing to their attention this problem. so that in their reports the issue will not be missed. and staff be directed to ask the developer that he include on any deeds conveyed on the subject property,a notice stating that the Council cannot require this. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FINAL MAP, DIRECT STAFF TO PREPARE FOR RECORDATION A NOTICE FOR EACH OF THE PARCELS CREATED CONCERNING THE SEvJER PROBLEM, DIRECT STAFF TO COM~1UNICATE \-lITH THE DEPARTMENT OF REAL ESTATE BRINGING THIS TO THEIR ATTENTION AND ASK THAT THE DEVELOPER VOLUNTARILY MAKE THIS NOTIFICATION ON HIS DEEDS; ACCEPT THE STREETS SHm~N ON THE MAP (LOT "A") FOR PUBLIC PURPOSES AND ALL GROUND WATER RIGHTS; AUTHORIZE THE CITY CLERK TO SIGN THE MAP ON BEHALF OF THE CITY AND TO CAUSE RECORDATION OF THE MAP AND ACCEPT THE PERFORMANCE AND PAYMENT BONDS IN THE AJ.10UNT OF $217,300.00 EACH AND EXECUTE THE AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS. Mr. Knight stated if the City is going to require that the builder finish Machado Street back to the ultimate right-of-way line, there are also utility , poles that have to be relocated. If the trees are to stay, then this will make a difference in the utilities relocation. Dick Flannery, land development consultant representing both properties, stated there were either a cash security or bond posted with the City for the removal of the trees at the city's descretion. As a consultant he had recommended full improvements along Machado with open spaces that were not to be paid. The reason for the full improvements behind the trees was drainage and safety for the school. Mr. Trevino stated he will flag this item if it comes back in the form of a conditional use permit to condition the applicant to provide a cash security or bond for the possible removal of the trees. Jerry Stewart asked for clarification on the design of the road. Mr. Flannery explained there were paddle markers on the road between the location of the trees and the sidewalk. Council concurred that the City Attorney ask the applicant to post a cash security or bond for the removal of the trees. 59. Establishing Industrial Development Authority (Ordinance) Mr. Steel reported that at the December 14th City Council meeting, Council directed staff to prepare an Ordinance creating an Industrial Develooment Authority. This Authority may issue tax-exempt bonds to finance assembling, fabricating, manufacturing, or energy related facilities for private enterprise. Financing can be extended to orivate companies at 2-4 points below conventional interest rates. Bonds are repaid soley by the private company and are not an obligation of the issuing authority. ~66 Page seven City Council Minutes December 28, 1982 BUSINESS ITEMS - Continued 59. Establishing Industrial Development Authority (Ordinance) - Continued. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the ordinance: ORDINANCE NO.665 ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THE NEED FOR AN INDUSTRIAL DEVELOPMENT AUTHORITY TO FUNCTION IN SAID CITY, AND DECLARING THE CITY COUNCIL OF SAID CITY TO ACT AS THE BOARD OF DIRECTORS OF THE AUTHORITY. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE ~O. 666. AYES: KNIGHT, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: MACMURRAY .... 60. Resolution Adopting Annexation No. 27. Mr. Rede recommended the Council pull this item because the staff report states there were reasons in the resolution that state why a public hearing was not necessary or why an election was not necessary. Mr. Rede stated he could not find any reasons within the resolution and suggested the City Council call for a public hearing on January 11,1983. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO SET JANUARY 11, 1983, FOR A PUBLIC HEARING ON ANNEXATION NO. 27. 61. Resolution of Intent to Annex: Annexation No. 30 .... Mr. Trevino reported the Planning Commission at its December 21,1982 meeting, reviewed the request of Buron A. Murray to annex 12.32 acres into the City of Lake Elsinore. The annexation proposal, a portion of the General Plan designated as Rome Hill Specific Plan, lies adjacent to property owned by the applicant that is already within the City. The Planning Comission recommends approval of the annexation request with the one condition that the subject property obtains a pre-annexation zone change to Alternative A, Conditional (SP) Specific Plan Zone. The pre-annexation zone change to Specific Plan will be sponsored by the applicant since this is a private annexation and because the City's future rezoning actions will involve only City territories. RESOLUTION NO. 82-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, STATING THE DESIRE AND INTENT TO ANNEX CERTAIN PROPERTY AND DETERMINE THE M~OUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LAKE ELSINORE, KNOWN AS ANNEXATION NO. 30 TO THE CITY OF LAKE ELSINORE. MOVED B~ VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 82-88. .... Mr. Murray responded to Mr. Knight's concern on access to the property, stating Butterfield Survey has deeds which they will be presenting to staff which gives them a 40 foot right-of-way and there is also a road coming in which is Rome Hill Road. 62. Resolution declaring Intent to vacate a portion of former Railroad Canyon Road, north of and adjacent to Mission Trail. Mr. Rubel reported the proposed Resolution of Intention is the initial ster in the vacation proceeding. The Resolution sets January 11, 1983, as a Public Hearing date. The vacation resolution to be adopted fOllowing the Public Hearing of January 11, 1983, will reserve any necessary easements to public agencies and utility companies. B tj"' Page eight City Council Minutes December 28, 1982 BUSINESS ITEMS - Continued. 62. Resolution declaring Intent to Vacate a portion of former Railroad Canyon Road, north of and adjacent to Mission Trail - Continued. Mr. Rubel reported Mr. Bob tlilliams will deposit $200.00 for staff time and also pay actual expenses of the City for mailings, publications and posting needed to process the street vacation. This street vacation can be made subject to requiring that the person who will benefit from the vacation fulfill certain conditions. In this instance Bob Williams has some ownership rights in the site on which the City drilled a well. It is proposed that before the final Abandonment Resolution is passed, that an agreement be consummated with beneficiaries of the abandonment regarding a well site for the City. - C1J ~ t-- '-;:) ~ Cl MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION WITH AN AGREEMENT TO BE CONSUMMATED WITH BENEFICIARIES OF THE ABANDONMENT REGARDING A WELL SITE FOR THE CITY. RESOLUTION NO. 82- 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF OLD RAILROAD CANYON ROAD, FIXING A TIME AND PLACE OF HEARING TO ALL PERSONS INTERESTED OR OBJECTING TO THE PROPOSED VACATION, PRO- VIDING FOR PUBLISHING AND POSTING PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Mr. Carter asked for clarification on the location of the parcel. Mr. Carter stated the parcel in questions has a long history of being knm'ln as the Elsinore Junction. All of the land belonged to the City of Lake Elsinore at one time. Prior to 1974, deeds were presented to the former City Attorney, and it was suggested the City Attorney investigate the ownership of this property. Mr. Torn objected to the City Attorney researching because we are discussing a piece of roadway that we recognize as roadway and vacating it and exchanging for another piece of property. Mr. Porter stated attorneys do not do title searches, they hire title companies to do this type of research. PUBLIC Cm~MENTS Dave Vic, 102 S. Main Street, announced the Bike Track is holding a national meet in Lake Elsinore on January 21, 22, and 23. Mr. Vic's expects approximately 2,000 children to enter the contest, with approximately 5,000 to 6,000 people total to attend. Mr. Vic also announced that on January 9th, Miss Frontier Days Queen of Lake Elsinore will be leaving for Tulsa, Oklahoma, to compete in the national finals for Miss Rodeo USA. Mr. Vic stated he was involved with a citizen of Lake Elsinore who had a problem and commended staff on the manner in which the city staff handled the manner. The problem was a s~'1er problem on Lakeshore Drive. Staff was directed to prepare a proclamation for the B.M.X. National Meet. Mr. Carter stated on December 18th, 1982, in the Press Enterprise there was an article relative to the Korn Memorial Scholarship Fund for Nurses Training. r1r. Carter asked if there are any other funds the city is holding in trust. Mr. Rede stated staff is not aware of any other funds. - Mr. Torn reported when he came on the Council, during the first budget process, he noticed there was a sum of money that was being held in trust, Adolf Korn Probate. At that time the Council had not taken any action to use that money to provide the scholarships. In 1976, it was the first time the scholarships had been awarded. r1r. Carter stated the Council received the information from him on the Korn i1emorial Scholarship Fund. ~t)B Page nine City Council Minutes December 28, 1982 PUBLIC COMMENTS Jerry Stewart, informed the Council that on January 8, 1983, the Road Commissioner of the County of Riverside will be retiring. There will be a retirement dinner on January 21st, in Riverside. As the road commissioners have worked in conjunction with the City of Lake Elsinore in the past providing help to the City. t1r. Ste...,art asked the Council to provide a token of appreciation from the City in the form of a plaque to Jack Newcomb. Mr. Ste...,art stated he was Mayor durinq the floods and worked with Mr. Newcomb and has worked for Mr. Newcomb for over 20 years as an ~mployee of the County of Riverside and directly for the past 6 years J1r. StevJart as~ lf ~e could present this plaque to Mr. Newcomb on behalf of the City of Lake Elslnore. Mr. Stewart recommended that Public Comments be for the betterment of the City of Lake Elsinore. REPORTS AND RECOMMENDATIONS Mr. Torn requested a progress report on the Lighting and Landscaping District. Mr. Torn stated a schedule needs to be set for the Public Safety Fees. Mr. Rede will put this on the next agenda. Mr. Torn asked that fees be attached to the Signalization Fee Schedule. Mr. Rede will bring this item back at the January 25th meeting. The Capital Improvement Fees have not been indexed for the past five years. Staff will investigate and report back to the Council. Mr. Torn asked that staff come up with a priority list of streets for the Street Paving Program. Mr. Rede stated he would put this on the January 25th, City Council Aqenda. Mr. Torn asked if staff can set a date for the Mid-Year Budqet Review. Mr. Rede stated he could give the Council a date at the next City Council Meeting. Mr. Torn led a discussion on the need for a Study Session between the City Council, Recreation and Park District and the Y.M.C.A. on recreation programs to be provided at the Lake Community Center. A Study Session was set for January 10, 1983 at 7:00 p.m. Mr. Torn recommended staff have some of the road shoulders bladed due to damage which occurred during the recent rains. Ms. Valenzuela asked what the progress was on the signalization of Mission Trail and Railroad Canyon Road. ~ Mr. Knight reported he has been receiving a lot of questions about the row of debris along the recently cleaned ditch and asked if the debris can be leveled off. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY THAT A PLAQUE BE OBTAINED AND THAT JERRY STEWART WHO WAS MAYOR AT THAT TIME PRESENT THE PLAQUE TO JACK NEWCOMB, RIVERSIDE COUNTY ROAD COMMISSIONER UPON HIS RETIREMENT FOR HIS EFFORTS IN GETTING THE FREEWAY OFF RA~PS, ETC. WHICH LAKE ELSINORE NOW ENJOYS. Mr. Unsworth stated the Council appointed Jerry Stewart to the Haste Disposal Board earlier in the year. Since that time Jerry Stewart has not been receiving any information and the County for some reason does not know Mr. Stewart is the City's representative. Staff was asked to verify the appointment ...lith the County of Riverside. Mr. Unsworth stated he would like Council to set a Study Session date for the Crime Watch with Deputy Jim Purkess of the Sheriff's Department. The Study Session was set for January 18th, 1983 at 7:00 p.m. Discussion was led on appointing a representative to the Chamber of Commerce for the upcoming year. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT LARRY KNIGHT BE APPOINTED FOR ANOTHER YEAR TO REPRESENT THE CITY TO THE CHAMBER OF COMMERCE. Mr. Unsworth clarified a letter from Mr. Carter regarding the Medi-Trans, Mr. Carter and Mrs. Rich are the representatives of the City. Mr. Carter ...,as asking for his per diem for traveling. The City gives them compensation for their mileage. The City does not pay for per diem. ..... Mr. Unsworth stated that the Downtown Business Association has requested the City provide a representative to their meeting of January 11th at 7:30 a.m. at Laquna Federal Bank. Mr. Rede stated he I'lill send a repl"esentative from the City st~ff that is not required to attend the Council Meeting. Mr. Unsworth stated the Council needs to be ready to submit five names at the La Guinta Meeting for appointments to the Advisory Council to the Riverside County Office on Aging. B \j ~, Page ten City Council Minutes December 28, 1982 ,.-- COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AND LAKE ELSINORE TRANSIT SYSTEM MEETINGS AT 10:35 P.M. COUNCIL RECONVENED AT 10:58 P.M. COUNCIL ADJOURNED TO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS AT 10:58 P.M. COUNCIL RECONVENED AT 11:42 P.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 11:42 P.M. ~ I~ iG~v-cr,~ HN G. UNSWORTH, MAYOR City of Lake Elsinore ~ 1:"- t'-o '-::> - "-~ o ATTEST: 1!f~m~ r- .. ~ -