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Home My WebLink About1983 CC Minutes 1 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 11, 1983 CITY COUNCIL CHM~BERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER - The regular meeting of the City Council was called to order at 7:40 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, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY 00 r-.. l'- ~ C~ o Also present were: City Manager Rede, City Clerk Harrington, City Attorney Porter, Community Development Director Trevino, Finance Director Ronnow and City Engineer/ Public Works Director Rubel. PRESENTATIONS/PROCLAMATIONS Mayor Unsworth read a proclamation announcing January 21, 22 and 23, 1983, as American 5icycle Association GT Bicycle Motocross Supernational Race Days. The proclamation was presented to Dave Vic, representing the Lake Elsinore Chamber of Commerce. CONSENT CALENDAR The following item was removed from the Consent Calendar: Tentative T~act Map 17413. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes: December 28, 1982 -Regular Meeting: Approved as presented. 2. Warrant List - December, 1982: Approved Warrant Numbers 17444 17594 in the amount of $334,726.23. 3. Animal Contro1_Acttvtt.YReport=::;...,p~cell1ber, -1982: Accepted as an informational item. 4. Fire Safety/Housing Monthly Report - December, 1982: Accepted as an informational item. 5. Notice of Completion - Harris Fence Company: Council accepted construction as complete and directed the City Clerk to record the Notice of Completion; authorized a payment to Harris Fence Company in the amount of $10,452.10 and authorized the release of the final 10% or $1,161.34, 35 days after the date of recordation of the Notice of Completion. 6. Tentative Tract Map 17413 - Canyon Lake Hills - Amendment to Development Agreement: Removed from the Consent Calendar for further consideration and discussion. 7. Set for Public Hearing - February 8, 1983: Approved. ,.-. A. Water Rate Revisions B. Conditional Use Permit #82-10 - Intercontinental Oil C. Conditional Use Permit #82-13 - David and Chris Blood ITEM REMOVED FROM THE CONSENT CALENDAR 6. Tentative Tract Map 17413 - Canyon Lake Hills - Amendment to Development Agreement Mr. Torn stated there was a discussion with Canyon Lake Hills that any excess fees paid on the grading ordinance would not be returned, however, would be a donation to the Redevelopment Agency. Mr. Porter stated donation should have been covered by a separate letter of agreement. This is an amendment to the underlying development agreement which is a document governing certain rights and obligations. , 2 Page two City Council Minutes January 11,1983 ITEMS REMOVED FROM THE CONSENT CALENDAR - Conti nued. 6. Tentative Tract Map 17413 - Canyon Lake Hills - Continued. Mr. Porter stated the other items have been subject to tract map approval. Mr. Rede recommended the side agreement for the excess grading fees should be completed prior to the approval of the Amendment to the Development Agreement. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE TO THE NEXT CITY COUNCIL MEETING, JANUARY 25, 1983. PUBLIC HEAR INGS ~ 31. Zone Change #82-11 - W. Yanagisawa - Wes Ca1 Nursery Mayor Unsworth announced this was the time and place for a public hearing on Zone Change #82-11, W. Yanagisawa for the rezoning of 1.25 acres from R-1 (Single-Family Residence) to R (Recreational) District at Wes Ca1 Nursery on Mission Trail, 500 feet South of Sedco Boulevard. Mr. Trevino reported the Planning Commission at its regular meeting on November 16, 1982, approved the applicants' request to rezone the property from R-1 to R (Recreation). The property is at elevation 1,265 MSL and is a portion of a larger 9.47 acre parcel. The remainder of the parcel is already zoned R. The Zone Change is being sought to provide a uniform zoning district which allows nursery operations. The Planning Commission has requested that retail nurseries be included in the Tourist Commercial Zone as recently approved in the General Plan. The Planning Commission recommends approval subject to five conditions. The City Clerk stated no correspondence had been received regarding the subject Zone Change. Mayor Unsworth opened the public hearing at 7:50 p.m. asking those in favor of the Zone Change to speak. Beverly Yanagisawa, 29126 Old Wrangler Road, Canyon Lake, stated they have purchased an existing nursery and would like to continue the operations of the business. ....., '; '.' > Mayor Unsworth as ked "'if "anyone woUld "like to speak in opposition to the zo~ change. No one asked to speak. Mayor Unsworth closed the public hearing at 7:51 p.m. Discussion was led by the Council regarding public improvements in front of the property to be put in at the time the adjacent property is improved. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE #82-11, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicant shall submit a legal description for property to be zone changed. 2. A finding of conformity to the existing General Plan. 3. A finding of no significant impact upon the environment. 4. Issuance of a Negative Declaration. - 5. Proposed Zone Change will not prohibit the locality from providing required or necessary housing within the community. 6. Applicant to enter into an agreement for the off-site improvements. , 3 Page three City Council Minutes January 11, 1983 PUBLIC HEARINGS - Continued. 32. Conditional Exception Permit #82-7 - Request to delete Zoning Ordinance requirements for Used Car Sales Lot - Barrick. - Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Howard Barrick for a Conditional Exception Permit requesting deletion of the Zoning Ordinance requirements for a Used Car Sales Lot at the Northwest Corner of the Intersection of Graham Avenue and Riley Street. Mr. Trevino reported the Planning Commission has recommended approval of the Conditional Exception Permit subject to conditions. Staff has recommended this item be continued to February 8, 1983 due to advertising problems. The City Clerk stated no correspondence has been received regarding the Conditional Exception Permit. OC; ~ ~ I-:J Q Q Mayor Unsworth opened the public hearing at 7:58 p.m. asking those in favor of the Conditional Exception Permit to speak. Mr. Barrick, 2659 Daisey Lane, Fallbrook, clarified that the Conditional Exception Permit would be continued to February 8, 1983. Mr. Charlabotte, 28505 Estrella, stated the delay in the public hearing will delay his employment with Mr. Barrick. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE THE CONDITIONAL EXCEPTION PERMIT #82-7 TO FEBRUARY 8, 1983. 33. Conditional Use Permit #82-14 - Video Arcade - Rivera Mayor Unsworth announced this was the time and place for a public hearing on Conditional Use Permit #82-14 at 31115 Riverside Drive for a Video Arcade. Mr. Trevino reported the Planning Commission reviewed the application on December 21,1982, to operate a video arcade at 31115 Riverside Drive. The property is 54 feet in width by 122+ feet in depth and is improved with a dwelling unit that has been converted to retail use. There is an unimproved driveway adjacent southerly to the structure. The rear of the structure is also unimproved. Staff is concerned about traffic and parking. From observations in other cities,a.rcades outside ofrnalls do"generatetrafffc. The proposal on Riverside Drive does not have much street frontage and what exists there is almost continually utilized by the present use in the area. Staff feels that on-site parking is imperative to the successful operation of this proposal. The Parking Ordinance would require this use to provide a minimum of five (5) improved parking spaces. The proposal has a backyard which could accommodate parking. This would keep traffic from parking in undesignated areas or in the parking lots of other establishments. The City Clerk stated no correspondence has been received regarding the Conditional Use Permit. r-- Mayor Unsworth opened the public hearing at 8:05 p.m. asking those in favor of the conditional use permit to speak. Ed Rivera, applicant, stated he does not object to the conditions of approval. Mr. Rivera stated there was one problem with the entrance way being only 9.5 feet and asked for sufficient time in order to widen the entrance way when the adjacent property is improved. 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 8:06 p.m. Mr. Torn felt the City has made mistakes in the past in not requlrlng parking to be installed prior to the business opening, and felt memberships will not mitigate any problems that may arise from the arcade business. Mr. Torn also felt the applicant should pay his fair share-of the signalization of the intersection of Lakeshore and Riverside Drive, along with the requirement of landscaping and irrigation. ", 4 Page four City Council Minutes January 14, 1983 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit #82-14 - Continued. Council asked if the hours of operation would be the same as the other approved arcade businesses. Mr. Trevino assumed they would be. Mr. Trevino stated he would make sure the hours of operation would be the same as other approved arcades. Discussion was led on the request for extension of time in the parking requirements and the width of the driveway and the requirements which Caltrans will be placing... on the property in the future. Mr. Rivera stated there is an alternate driveway which can be used, howeve~ it will not be available until the tenant next door moves. Mr. Rivera requested he be allowed to open his business which has been closed and be given the time to build something more appropriate there and he would be willing to comply with the conditions staff has recommended. Mr. Porter stated the applicant needs to obtain Council approval to operate under certain conditions. The conditions can be set at Council's discretion. The Council is under no obligation to grant the request. MOVED BY VALENZUELA, SECONDED BY KNIGHT TO APPROVE CONDITIONAL USE PERMIT #82-14 WITH TEN (10) CONDITIONS OF APPROVAL: 1. PROVIDE FIVE (5) MARKED AND WELL LIT PARKING SPACES IN THE REAR. APPLICANT SHALL PRESENT AN IMPROVEMENT PLAN TO STAFF FOR APPROVAL. 2. OPERATING HOURS SHALL NOT EXCEED TWELVE A.M. (12:00 A.M.) ON FRIDAYS AND SATURDAYS OR TEN P.M. (10:00 P.M.) ON SUNDAY THROUGH THURSDAYS. 3. PROPOSAL SHALL BE SUBJECT TO A ONE (1) YEAR REVIEW. 4. ISSUANCE OF A CATEGORICAL EXEMPTION. 5. A FINDING OF CONFORMANCE TO THE GENERAL PLAN. 6. OWNER OR USER OF THE PROPERTY MUST COMPLY WITH CAPITAL IMPROVEMENTS. CAPITAL IMPROVEMENTS COMPLETED AT SUCH TIME ADJACENT PARCELS WOULD BE APPROVED, FEES TO BECOLLECTEDATJHE TIME PERMI.TS AR~.Q~TA_I~ED. "... .- ., -'.. " .C, -,-,. ~-_,..... -c- '.,.....".-":'.......i;"'.~...'T'.,.".:-,,- -," '=" ...:........,J..~.. ..'_...... .,.,..~. - 7. APPLICANT TO PROVIDE TWO (2) BICYCLE RACKS, ONE (1) FOR TWELVE (12) BIKES AND ONE (1) FOR EIGHT (8) BIKES. 8. APPLICANT TO PAY FAIR SHARE OF SIGNALIZATION FEES. 9. APPLICANT TO PAY APPLICABLE PUBLIC SAFETY FEES, WITH THE STIPULATION THAT THE HOURS WILL BE THE SAME AS OTHER APPROVED ARCADES. 10. APPLICANT TO CONSTRUCT THE CURBS AND SIDEWALKS UPON DEMAND OF THE CI]Y., ROLL CALL VOTE: AYES: .UNSWORTH NOES: KNIGHT, VALENZUELA ABSENT: MAC MURRAY ABSTENTIONS: TORN MOTION DID NOT PASS. - Mr. Rivera asked what the Council wanted in order to allow him to operate. Mr. Unsworth stated the Council if they desire wi.ll submit their comments to Mr. Trevino in Community Development. \ - 00 r-.. t-.. '-;) Q o - r- 5 Page fi ve City Council Minutes January 11, 1983 PUBLIC HEARINGS - Continued. 34. Resolution adopting Annexation No. 27 Mayor Unsworth announced this was the time and place for a public hearing regarding a Resolution Adopting Annexation No. 27, approximately 843 acres North of 1-15, East of Highway 74, bisected by Wasson Canyon. Mr. Trevino reported.the Local Agency Formation Commission (LAFCo) approved Annexation No. 27 to the City of Lake Elsinore on November 18, 1982. Butter- field Equities Corporation of Lake Elsinore is the sponsor of this uninhabited annexation of 843 acres. The City Council has previously approved a pre- annexation zone for the annexed territory. Adoption of the resolution is the final step in the annexation proceedings. After an approved certified copy of the resolution is distributed to LAFCo and the annexation proponents, the 843 acres of Annexation No. 27 will be a part of the City of Lake Elsinore. The City Clerk stated no correspondence had been received ~egarding the Annexation. Mayor Unsworth opened the public hearing at 8:40 p.m. asking those in favor of the annexation to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the proposed annexation. No one asked to speak. Mayor Unsworth closed the public hearing at 9:40 p.m. RESOLUTION NO. 83-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY KNOWN AS ANNEXATION NO. 27 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE AFTER PUBLIC HEARING AND CITING REASONS AND AUTHORITY THEREFORE. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-1. 35. Resolution declaring intention to vacate a portion of Old Railroad Canyon Road Mayor Unsworth announced this was the time and place for a public hearing regarding the vacation of a portion"ofOld Railroad Canyon Road, Nortnof and adjacent to Mission Trail. Mr. Rubel reported a resolution was adopted by the City Council on December 28, 1982, setting the public hearing date as January 11,1983. Because of problems with posting the resolution in compliance with the Government Code it is necessary to continue this public hearing to the meeting of January 25, 1983. The City Clerk stated no correspondence had been received regarding the street vacation. Mayor Unsworth opened the public hearing at 8:42 p.m. asking those in favor of the street vacation to speak. No one asked to speak. Mayor Unsworth asked those in opposition to speak. William Freeman, stated he has conducted a survey which shows there are an average of 100 cars per hour which use this road on Saturday. Mr. Freeman stated he will be in with a daily report on what traffic is going through the street. Mr. Freeman stated just prior to Christmas a man set up a stand selling Christmas ornaments, a call was made to the City twice and was informed that the private property had been sold. He asked the City tell him next week whether or not the property had been sold. Mr. Freeman stated someone hooked up a device to his ice machine to count the number of cars which go through the intersection. He would like the information on how many cars are going through the intersection. Mr. Freeman suggested the City talk to the Arco Station and asked if we are going to block him out of business. Mayor Unsworth closed the public hearing at 8:47 p.m. MOVED BY TORN, SECONDED BY VALENZUELA ,AND CARRIED UNANIMOUSLY TO CONTINUE TO JANUARY 25, 1983, AND FOR A BRIEF DISPOSITION OF THE REST OF THE RIGHT-OF-WAY. ", 6 Page six City Council Minutes January 11,1983 PUBLIC HEARINGS 35. Resolution declaring intention to vacate a portion of Old Railroad Canyon Road - Cont'd. RESOLUTION NO. 83-2 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. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-2. COUNCIL CONCURRED TO TAKE A BREAK AT 8:50 P.M. COUNCIL RECONVENED AT 9:00 P.M. BUSINESS ITEMS - 51. Grading Plan - Jim Magill - property located at Iowa and Lakeshore Mr. Rubel reported 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 finished surface approximately 4 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 1265. The site is within the area regulated by Ordinance 711 and 603. Due to the restrictive provisions in the Local Flood Plain Management Ordinance No. 603 and 711 and the established City Council policy of prohibiting fill below elevation 1265, it is recommended that the permit be denied. - Jim Magill stated he has had property engineered and as far as the Federal Insurance Rate Maps are concerned it will not raise the elevation of the contiguous property any where near 1 foot and asked the Council to reconsider thi s request. Mr. Torn stated that knowing the lake will flood again and 'that there ~r~ a number of lots which could be filled to 1270, felt before the Council approves fill on any lots, the City should have some idea of potential impact on all of the lots. Ms. Valenzuela stated she has been to the site and recognizes that there is ponding of water on some of the lots, the dike does provide some protection for approximately 20 owners behind the lot, and that somewhere along the lake the City needs to start to do something to get it ready for commercial use, which was just approved in the General Plan. Mr. Unsworth stated there is an old land fill dike and we have a new Corps of Engineer Dike and the property in question is a portion of the area in-between and does not see why the entire area can not be filled in. Mr. Crowe stated if the Council confines the fill to small areas the accumulative affect would not raise the water level one foot. However, if an area such as the airport were to be filled to 1270 you would affect the water level, using the contour maps. Mr. Unsworth asked Mr. Magill if he would be willing to sign an agreement that the property would only be used for commercial purposes. Mr. Magill stated he would. - Mr. Torn asked Mr. Porter if there was a way of removing the liability of the City's issuing a fill permit through a document Mr. Magill may sign. Mr. Magill could release the city from any damages he may incur, that is not the exposure, the exposure is that theoretically the placement of fill on the flood plain increases other property owners exposure to flood. That risk is so tremenduous that he would insist on some type of a bond or .insurance agreement. , 7 Page seven City Council Minutes January 11,1983 BUSINESS ITEMS - Continued. - 51. Grading Plan - Jim Magill - property located at Iowa and Lakeshore - Continued. Mr. Porter felt that in order for the City to maintain its flood insurance the City can not allow more fill then would raise the level of the lake one foot. At the present time, that amount has not been determined. Mr. Magill stated with the cleaning of the flood control channel, there are provisions to bring the pumps back if the city is in the position that it starts to flood again to get the water out. With this in mind, the level of the lake should never reach what it did before. Mr. Magill felt the property owners do have the right to development their property. Mr. Unsworth reported that the State Water Resources stated they would bring in the pumps at 1253, the pumps would be started at 1255, as long as the city has the finances to pay for it and the water would flow out on its own when the level reached 1260. 00 ~ l'- I":) o o Ms. Valenzuela asked Mr. Magill if he would considered the maintenance of the dike as a condition of approval. Mr. Magill stated he would consider the condition. Mr. Porter requested the Council adjourn into Closed Session prior to any motions being made. COUNCIL ADJOURNED INTO CLOSED SESSION AT 9:26 P.M. FOR POTENTIAL LITIGATION. COUNCIL RECONVENED AT 10:12 P.M. Mr. Unsworth stated because the City has not received a report from the Corps of Engineers, the Council would like to continue this matter. - Mr. Magill stated he would be agreeable to that as longs as he had the right to bring it back before the Council any time in the future. possibly in three months. . Mr. Rede recommended Mr. Magill stay in contact with Mr. Trevino, Community Development Director, as to the status of the report from the Corps of Engineers. 52. Agreement between City and YMCA Mr. Rede reported there was a study session held on January 10, 1983, between the City of Lake Elsinore, Park-and Recreation Districtandtne Y;~M-.~.A,., Staff has sufficient information upon which to draft an agreement. Mr. Rede stated the agreement will be ready for Council ratification within two to four weeks. Council concurred to have this item continued to the next meeting. 53. . Refuse Disposal Franchise - Annual Review Mr. Rede reported on January 11,1982, Rodriguez Disposal Company assumed responsibility for refuse disposal services for the entire City under a franchise agreement. Previously, the City of Lake Elsinore provided refuse disposal services for the downtown area and Rodriguez Disposal the remain of the City. Under the franchi se agreement, the City expects to receive $46,000 (net) for fiscal year 82-83. Savings to the City over the period 1982-84 were projected at $175,000. The contract extends for five years. - Mr. Rede reported part of the terms of the agreement were when Rodriguez Disposal Company assumed the City's service area, it continued the twice per week service level the City had provided and at the same monthly rate as the remainder of the City receiving once per week service. The City and Rodriguez Disposal informally agreed that this situation would be adjusted after a short period to achieve consistency throughout the City. After one year, it is now appropriate to make this change. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE SERVICE LEVEL ADJUSTMENTS REDUCING DOWNTOWN RESIDENTIAL REFUSE DISPOSAL SERVICES TO ONCE PER WEEK; APPROVE ADVANCEMENT OF BILLING CYCLE FOR REFUSE DISPOSAL SERVICES BY ONE (1) MONTH: ADOPT RESOLUTION NO. 83-3, REPEALING RESOLUTION 82-6 PERTAINING TO REFUSE COLLECTION RATES: AND DESIGNATE THE FIRST TWO (2) WEEKS OF MAY FOR SPRING CLEAN UP. \ 8 Page eight City Council Minutes January 11, 1983 BUSINESS ITEMS - Continued. 53. Refuse Disposal Franchise - Annual Review - Continued. RESOLUTION NO. 83-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REVISING REFUSE COLLECTION RATES AND REPEALING RESOLUTION NO. 81-91 AND RESOLUTION NO. 82-6. MOVED BY TORN, SECONDED BY VALENZUELA TO READ THE TITLE ONLY OF ORDINANCE NO. 666. - The City Clerk read the title of Ordinance No. 666 ORDINANCE NO. 666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 8.16.095 TO THE LAKE ELSINORE MUNICIPAL CODE, PERTAINING TO OWNER-TENANT AGREEMENTS FOR REFUSE DISPOSAL SERVICES. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 666. AYES: KNIGHT, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: MAC MURRAY Mr. Torn stated there is only one provlslon for the Spring Clean up, which is the provision of the large dumpsters in different parts of the City. Is the City going to have a major role in the Spring Clean-Up? Mr. Rede stated there would be notices, publications and possibly advertising on Chanl')el 3 - Mr. Unsworth stated that every year through the Fire Department, there is an annual Fix-Up/Clean-Up Campaign. Mr. Unsworth suggested this be done in conjunction with the Fire Department and recommended staff to contact the Fire Department regarding information on the program. MOVED .BY TORN ;-SECONDEf}~BY KNIGHT ANO' CARRIED THAT A SPRING ClEAN...YP;lFLX-UP CAMPAIGN BE MOUNTED AND THAT ARTA VALENZUELA BE NAMED AS CHAIRPERSON FOR THE COMM ITTEE. 54. Resolution establishing Public Safety Mitigation Fees Mr. Porter reported the City has been studying for some time different ways in which to raise funds to provide for police and fire services under a term the City has adopted as a Public Safety Fee. One approach to establishing this fee was a Special Tax or a Standby Charge to raise across the board funds~for police and fire services. Another way of setting this fee was under the California Environmental Quality Act. This would provide the City, when .passing projects that require discretionary approval, identify adverse impacts on the environment and attempt to mitigate those adverse impacts. Staff has reviewed what some other cities have done and reviewed the basic figures involved in building a typical home in Lake Elsinore and it is the recommendation of staff that the Council adopt a resolution which would establish various fees for police and fire service impact mitigation. Staff has attempted to develop a logical approach in the establishment of the fee schedule. For the most part, these fees will be attached to Tract Maps and Conditional Use Permits. Discussion was held on the funds to be collected for police and fire mitigation to be kept separate from funds collected and placed in the General Fund. Mr. Porter recommended tbe following language be added to the resolution: Pol ice Impact Fees and Fire Protection and Suppression Fees shall be kept in segregated accounts and be used only for the purposes for which they were call ected. - \ 9 Page nine City Council Minutes January 11, 1983 BUSINESS ITEMS - Continued. 54. Resolution establishing Public Safety Migigation Fees - Continued. Mr. Torn asked if the resolution has the discretion to accept property, for example for a fire station site, in lieu of fees. ~ Mr. Porter stated Council does have the discretion to accept land in lieu of fees. 00 ~ ~ I""':) o o MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-4, WITH THE CHANGE IN WORDING BY THE CITY ATTORNEY FOR THE SEPARATION OF FUNDS. RESOLUTION NO. 83-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING PUBLIC SAFETY MITIGATION FEES FOR PROJECTS SUBJECT TO DISCRETIONARY APPROVAL. ' 55. Ordinance No. 665 - Second Reading (Industrial Development Authority) MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 665 BY TITLE ONLY. The City Clerk read the title of Ordinance No. 665. - I ORDINANCE NO. 665 ORDINANCE OF THE CITY COUNCIL 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 VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 665. AYES: KNIGHT, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: MAC MURRAY OFF-AGENDA ITEMS ,..,......... - ~ .-.:_,..~~ -- "..,..,...'t"!,;-r~-.-~ .-.:'_"'...,....,,,~_.. ::-,. -- 56. Resolution regarding Mortgage Bond Allocation Committee Mr. Rede reported the City had applied to the State Mortgage Bond Allocation Committee for an allocation to provide lower interest mortgage rates to potential home buyers in the City of Lake Elsinore. The City has received a summary of allocations issued by the State The City of Lake Elsinore is number 64 out of 78 allocations issued,and has received an allocation up to $20 million bond issue for the purpose of lowering mortgage rates for development in the City. The resolution restates the Council's desire to follow through with the Mortgage Bond Issue. There are currently two developers which have indicated an interest in utilizing all or a portion of the bond allocation. Mr. Rede stated there is the potential for using the entire $20 million bond allocation within the next 34 months. Mr. Rede stated the reason this item is coming off-agenda is that a deposit must be posted by the developers in the amount of one-half of one per cent of the fund proceeds they will be applying for. The deposit must be posted by January 21, 1983. Mr. Rede stated these bonds will be supported solely by the mortgage payments that will be made by purchasers of new homes in the future and will not involve the credit of the city, will not involve any additional taxes, and will not be'an obligation of the City or the Redevelopment Agency. \ 10 PCige ten City Council Minutes January 11, 1983 OFF-AGENDA ITEMS - Continued. 56. Resolution regarding Mortgage Bond Allocation Committee - Continued. RESOLUTION NO. 83-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AUTHORIZING AND DIRECTING THE CITY MANAGER TO TRANSMIT A SUBMISSION INFORMATION FORM TO THE MORTGAGE BOND ALLOCATION COMMITTEE. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-5. - 57. Urban Development Action Grant Mr. Rede reported the Urban Development Action Grant (UDAG) is a program of the U.S. Department of Housing and Urban Development. This is a program where funds are made available through the City, which the City in turn loans out proceeds to private developments, individuals, companies or corporations for a wide range of economic development projects. These projects could be public improvements, commercial, industrial and residential. The City of Lake Elsinore has been named as one of three cities in Riverside County that would be eligible under the Small Cities Program. Mr. Rede stated there is formally no cost to the City except when the City makes an application for a program they would sponsor. There are three cycles in which the loans are made. The deadline for the first cycle would be February 28th. Citizens who would like additional information may contact Mr~ Steel or Mr. Rede for more information. PUBLIC COMMENTS Mr. Manfredi, 31404 Riverside Drive, representing Missing Link II, spoke regarding the Urban Development Action Grant. Mr. Manfredi requested the City staff assist him in the application for the UDAG Program. Mr. Manfredi is interested in building a discount store. ...." Council concurred to direct staff to work with Mr. Manfredi on the applicantion for the UDAG Program within reason through the City Manager's Office. Everette Wood, 29421 Third Street, spoke regarding the recent City Council Study Session with the Park and Recreation District and the YJ4.C.A. Mr. WoodHsuggested the 'C"Ity Council review the lease between the City and the Park and Recreation District regarding use of the office space and the scheduling of the facility. Mr. Wood felt the City should have contacted the Park and Recreation District prior to discussing a new contract with the Y.M.C.A. . Fred Crowe, Butterfield Surveys, requested additional information regarding the Mortgage Bond Resolution. Mr. Rede explained the nature of the resolution and the deadlines for applying and posting deposits for funds. REPORTS AND RECOMMENDATIONS Mr. Porter stated he had visited Councilman MacMurray and stated Mr. MacMurray was in good spirits and promised to be in attendance at the next regular City Council meeting. Mr. Rubel reported it has come to his attention that the backstops at Swick Park may need to be larger and wider for the Senior Fields. Mr. Rubel stated if council is receptive to him looking into the matter and if indeed the backstops need to be adjusted he will prepare a report to the City Council with a Change Order. Council _ concurred. Ms. Valenzuela reported that Councilmember Knight, Mr. Trevino and herself have been working on the Lake Community Center Addition and have met with the Council on Aging and are very close to submitting a contract, which is being reviewed by the Attorney. Ms. Valenzuela hopes the building will be 'completed by March 15th with the total cost not to exceed $80,000. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT AS SOON AS IT IS RECEIVED FROM THE CITY ATTORNEY. , 11 ,Page eleven City Council Minutes January 11, 1983 REPORTS AND RECOMMENDATIONS - Continued. - Mr. Torn reported the Fire Department has assumed that the trees in the city's right- of-way belong to them and have the right to cut them down, and is not sure if they obtained authorization from the City. The trees were healthly and were not affecting the sidewalks, streets or anything else. Mr. Rede stated the Fire Department did not have permission from the City. Mr. Torn asked for Council concurrence to have the matter followed-up and whoever was responsible at the fire department should be reprimanded by their supervisor. Council concurred. Mr. Torn asked when the new General Plan would be ready for distribution. Mr. Trevino stated it should be ready within six weeks. Mr. Torn stated he would like to see a lake Elsinore Elected Officials Conference held on a regular basis between the boards of the Valley, in order to develop better relations. The City could assume the lead role and come up with a speaker and hold the first meeting. Mr. Torn stated in the past the City and the other boards 00 have been traveling to Sacramento to obtain the same information. If there were better ~ relations, it could reduce expenses to the different agencies. ~ ,"':) Mr. Burnell stated when the utHity poles where replaced because of the recent storm, ~ the lights were not replaced at key intersections such as Corydon and Malaga. Staff o will look into the matter. Ms. Valenzuela asked the City Manager to insure the Council receives copies of the minutes of Task Force meetings. Mr. Torn asked that City staff provide the Councilmembers with copies of items which are presented to the business associations prior to them being made public. This will insure that the Council is aware of what is being presented to the public and if any questions should arise they are aware of the material being passed out. - .council concurred. Mr. Unsworth asked staff to repair the right turn lane going south on Riverside Drive off lakeshore where the storm drain was put in. It is the area in front of the Texaco Station. Mr. Unsworth stated there are damaged trees on lakeshore between Wise and Gunnerson that need to be cut, trimmed or removed. Mr. Unsworth asked what was done with the fence materials of the oldcity~yard fence. Mr. Rubel stated as a part of the contract for the new fencing, the materials were salavaged. Discussion ensued regarding securing the entrance to the lake Point property. Mr. Rede will be investigating the matter and making a recommendation to the City Council in the near future. A study session was set for January 31, 1983 at 7:00 p.m. to discuss the Mid-Year Budget Review. Discussion ensued regarding a dog problem of Tex Newman. Mr. Porter stated he has been contacted by the Animal Control Officer and he will be reviewing the matter and making a recommendation. City Council adjourned to the Redevelopment Agency Meeting at 11:35 p.m. City Council reconvened at 11:37 p.m. City Council adjourned to Closed Session to discuss personnel matters at 11:37 p.m. City Council reconvened at 1:07 a.m. with no action taken. ,.... ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 1:07 A.M. ~~""":~'~;"'-~;''''''-''''''''''' 12 , ,. CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING SATURDAY, JANUARY 15, 1983 CITY COU~CIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Speci a 1 Meeting of the Ci ty Counci 1 was called to order by r~ayor Unsworth at 2: 07 p . m . ROLL CALL - The Ci'ty Cl erk ca.11 ed the roll: PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY Also present were City Attorney Porter and City Clerk Harrington. BUSINESS ITEM - PERSONNEL MATTER 1. Letter of Resignation of Manuel Rede, City Manager, effective Wednesday, January 19, 1983 at 8:00 a.m. Mr. Torn felt the letter of resignation should be put into the minutes and felt the Council should make a statement. Mr. Torn's main goal was to maintain the continuity of what is happening in the City and make sure the public feels that even if there is a change in managers the Council is still firm in its policies and the public can still receive the services they always have. Mr. Torn asked the City Attorney to draft a statement for the Council to be used as a press release. Ms. Valenzuela felt there was a statement in Mr. Rede's letter which was very strong and felt the Council did not mean to run the City under the management bracket. The Council was trying to eleviate some things that were contrary to policies the Council wanted. ...." Mr. Unsworth felt the public was not aware of how time consuming Redevelopment has been for the City Manager. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ACCEPT THE RESIGNATION WITH REGRET AND SEND HIM A LETTER WITH WHATEVER IS APPROPRIATE. Mr. Torn asked that Mr. Rede draft a closing letter, summarizing projects that are in process and make whatever suggestions he can offer as a resigning manager. -Council Mr. Torn suggested John Porter handle the transition of the contract of Mr. Rede. Mr. Torn felt this may be necessary to discuss in Closed Session. 2. Engineer Assistant Interviews Ms. Valenzuela stated Mr. Rubel was waiting for approval to conduct interviews for the Assistant Engineer from Mr. Rede. Mr. Rubel has the potential candidates ready to interview.but is waiting for approval. Mr. Rubel has requested Mr. Stevens, who is presently working part-time remain until an Assistant Engineer is hired. Mr. Rubel would like to hire Loren Culp on the weekends and at night to assist in plan checking. It was stated that if Loren Culp is hired he would have access to files pertaining to the City in Joe Kicak's office, the former City Engi neer. Mr. Unsworth stated that Mr. Kicak has indicated that the city does have copies of everything he had done as City Engineer. However, staff has not been able to locate the files. Mr. Torn felt the plan checker should be available during the day to discuss any revisions with developers. Mr. Torn stated if the city is looking for a plan checker, there are several retired engineers in the valley. He would prefer to have the same person plan checking three days a week during regular city hall hours so they can discuss revisions with the developer. Mr. Torn felt Loren Culp was a very good plan checker from matters. he has delt wi.th him on. Council is under the impression that Loren Culp is an applicant for t~e Assistant Engineer. - <\ ~. t 3 Page two City Council Minutes January 15, 1983 2. Engineer Assistant Interviews - Continued. Mr. Knight stated he would like to see what type of backlog of engineering projects there are within the department. Mr. Torn suggested it may be helpful to have a board listing the different projects showing when the first submittal of the plans was and feels there should be just as much pressure on the developer to return plans from the first review as there is from the City to get them back to the developer. Discussion ensued regarding Mr. Rubel's role as City Engineer and Public Works Director and the fact that the Associate Engineer would free Mr. Rubel to take care of more public works related items. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO AUTHORIZE MR. RUBEL TO GO AHEAD WITH THE INTERVIEWS AND IF A PROBLEM COMES UP, COUNCIL WILL DISCUSS IT FURTHER. Mr. Torn felt the City should have one full-time plan checker on staff. The developers should know within a certain period of time when their plans will be reviewed by the City and whether they will be approved or revisions will be required. Mr. Torn felt that if there is a heavy demand from someone to get a particular project reviewed and it will require additional staff time to get the project done, the person making the request should pay for over- time or weekend work. Mr. Unsworth stated on Monday he would like to check to see if the funds are available for the additional staff member, what the backlog of projects are and if there are local people available to be hired on a part-time basis. Mr. Unsworth stated another reason Mr. Rubel would like to hire Loren Culp is because Loren knows the information which Mr. Kicak (former City Engineer) r-- has and has access to the files. Also Loren has been working on a number of I i projects of the City until recently. COUNCIL ADJOURNED INTO CLOSED SESSION AT 2:37 P.M. TO DISCUSS PERSONNEL AND LEGAL MATTERS. COUNCIL RECONVENED AT 5:25 P.M. Mr. Unsworth announced that no decision was made in Closed Session. However, the Council will be calling a Special Meeting at 6:00 p.m. Tuesday, January 18, 1983, which will be a personnel matter and a discussion on an annexation. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 5:30 P.M. 1 j; nJ ~ (h~b.." . / j J~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: r I ~~4~~~ "DEBORAH A. HARRINGTON, Y CLERK -, 14 CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 18, 1983 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 6:01 p.m. by ~1ayor Unsworth. ROLL CALL - The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY Also present were City Clerk Harrington and Community Development Director Trevino. Discussion on an Annexation - This item was continued to Thursday, January 20, 1983 at 10:00 a.m. Personnel Matter The City Council adjourned to Closed Session at 6:03 p.m. to discuss a Personnel Matter. The City Council reconvened at 7:05 p.m. with.lthe following action being taken: Mayor Unsworth announced the Council has named an Interim City Manager. Mr. Trevino, the present Community Development Director, will be the Interim City Manager. Mr. Trevino will start his duties at 8:00 a.m., Wednesday, January 19, 1983, in conjunction with his duties as Community Development Director. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPOINT MR. I TREVINO AS INTERIM CITY MANAGER TO BE EFFECTIVE WEDNESDAY, JANUARY 19, 1983, AT I 8:00 A.M. IN CONJUNCTION WITH HIS DUTIES AS COMMUNITY DEVELOPMENT DIRECTOR. ... Mr. Trevino thanked the City Council for the opportunity to serve the Council, stated he will do the City a good job and will give 110%. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 7:07 P.M. II L-L- YI: it~~ JOHN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: --- 15 ~, .' CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING THURSDAY, JANUARY 20, 1983 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 10:07 a.m. 2. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY Also present were: Interim City Manager Trevino and City Clerk Harrington. 3. BUSINESS ITEM - CARNIVAL Ms. Harrington reported an application had been received from John Douglas on behalf of Dave Robinson, owner of the family carnival, to hold a carnival show on January 21,22, and 23,1983 at the same location as the BMX races. A check has been received from the owners for the processing of the application and a business license fee has also been collected. Mr. Knight stated there is a problem with the BMX site.. The only area possible for the carnival would be in the over-flow parking area, which the Chamber of Commerce anticipates will be used for parking purposes. It was recommended that the carnival be located behind the Community Center. Mr. Knight stated that Kay Jordon contacted the carnival company and was under the impression it was to be sponsored ~y the Chamber of Commerce and not the Centennial Committee. Mr. Robinson stated he was contacted by Kay Jordon of the Chamber of Commerce regarding the carnival date for the 4th of July Celebration and he told Ms. Jordon he would make sure the City had a carnival for the 4th of July, however he did have an opening"for this week and wanted,if possible,to come into the City for this weekend. Council recessed at 10:18 in order for Mr. Knight to contact Ms. Jordon. Council reconvened at 10:28 a.m. Mr. Knight reported that Ms. Jordon stated it was for the Centennial Committee and was hopeful that the Chamber of Commerce would let the carnival company come in. The Chamber of Commerce has denied the request. Mr. Knight clarified this would be sponsored by the Founder1s Day Committee and the Founder's Day Con~nittee would receive 20% of the gross income. Council recessed at 10:30 a.m. Council reconvened at 10:35 a.m. Discussion was led on the carnival location at the Community Center and the condition of the parking facilities. Ms. Robinson stated the carnival company does not do any grading, however, they do clean up the area before the carnival leaves. Discussion was led on the hours of operation and amount of anticipated revenue which the carnival would generate. Council adjourned this portion of the meeting in order that the carnival owners could look at the Community Center site at 10:47 a.m. - BUSINESS ITEM - GATEWAY ANNEXATION Mr. Trevino stated he has talked to Michele Zimmerman of the Local Agency Formation Commission regarding annexing a specific property within the Gateway Annexation Area. Mr. Trev i no s ta ted there rirs aport i on of property between the city 1 i mits and the proposed annexation area which was not included in the annexation. Without this property (located at Dexter and Cambern on Freeway 74), there is no continuity between the city and the proposed annexation area. Mr. Trevino stated the city does have another annexation in the process, Annexation No. 29. The City can claim continuity to the eighteen (18) acres if the Clay Mine is annexed to the City. '16 Page two City Council Minutes January 20, 1983 3. BUSINESS ITEM - GATEWAY ANNEXATION Mr. Torn felt the City has two choices, 1) include the area with Annexation 29 and 2) amend the boundaries of the current annexation if the property owners are willing. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY FOR STAFF TO INVESTIGATE THE POSSIBILITY OF INCLUDING THE PROPERTY SOUTH OF THE BUTTERFIELD HOLDINGS IN THE AMENDED GATEWAY ANNEXATION AND TO PURSUE THE CLAY MINE ... ANNEXATION TO HOPEFULLY TIE THE AREAS TOGETHER. BUSINESS ITEM - CARNIVAL Mr. and Mrs. Robinson returned from the Community Center site stating they would like to withdraw their application for a carnival for January 21, 22 and 23, 1983. 4. ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 11 :12 P.M. rL~. hl1t~ J6HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: - d,6Y~~~~ /DEBORAH A. HARRINGTON, CITY LERK - 17 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, JANUARY 25, 1983 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 MacMurray. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Community Development Director/Acting City Manager Trevino, City Attorney Porter, Finance Director Ronnow, Public Works Director/City Engineer Rubel, Recording Secretary Money. At this time, Mayor Unsworth welcomed back Councilmember John MacMurray after his long ill nes s . PRESENTATIONS/PROCLAMATIONS Mayor Unsworth read a proclamation announcing the month of February as Buckle-Up for Love Month. CONSENT CALENDAR MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: ,--,-"',," ! A. Regular Meeting - January 11, 1983 - Approved as presented. B. Special Meeting - January 15, 1983 - Approved as presented. C. Special Meeting - January 18, 1983 - Approved as Presented. 2. Letter of Support for State School Finance Task Force - Authorized City Manager to prepare letter for Mayor's signature. 3. Declaration of SurplusNCR Posting Machine and NCR 399 Billing Machine. Council authorized the old NCR posting machine, Serial No. 1-7008224, be declared surplus, and sold pursuant to Section 3.08.110 of the Code, entitl ed "Bi ddi ng-Open Market Procedure", and the NCR 399 bi 11 ing machine be declared surplus and sold pursuant to Section 3.08.100, "Bidding-Formal Contract Procedure", or to Section 3.08.110, dependant on its fair market value, and only when all billing functions have been transferred to new system. ,-- 4. Resolution No. 83-6 - Approved. RESOLUTION NO. 83-6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS. 5. Submission of new bank signature cards. Addition of Interim City Manager Robert Trevino and Finance Director Larry Ronnow to sign checks on Account No. 14 600095 80 (Payroll), Account No. 14 693 254 80 (1911 Act), Account No. 14 600 084 80 (General) and Account No. 14 696 477 (Endowment) - Approved. 6. Resolution No. 83-7 - Approved. RESOLUTION NO. 83-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ____CALIFORNIA, ESTABLIS_H I NG ANNUAL GEN_~B!\L_?L~~HJ\!'1_~~~!,!E_~_T_,~EARI~~_"_~~__" DATES. '"1 B 'Page Two City Council Minutes JanuarY,25, 1983 CONSENT CALENDAR - continued 7. Michael Fagan letter regarding adoption of General Plan. - Accepted as an informational item. 8. Set for Public Hearing - February 22, 1983: Approved A. Conditional Use Permit 83-1 - Harvey and Company B. Conditional Use Permit 83-2 - Michigan Armament Marketing, Inc. C. Zone Change 83-13 - Southern Pacific Land Company PUBLIC HEARINGS ....., 31. Zone Change #82-10: Butterfield Surveys - (Edward Rice, Applicant) Mayor Unsworth announced that this was the time and place for a public hearing pursuant to application for Zone Change of property located south of Prospect Street, east of Chestnut Street, .95 acres,from R-1 (Single-Family Residence) to R-3 (Multiple-Family Residence). . Mr. Trevino reported that on December 21, 1982, the Planning Commission held a public hearing and reviewed request for zone change to enable eventual construction of a high-density condominium project. Planning Commission recommended approval of Zone Change 82-10 subject to the following conditions: 1. Applicant to submit accurate legal description for the subject property. 2. A finding of conformance to the General Plan. 3. A finding of no significant impact upon the environment. 4. Issuance of a Negative Declaration. The recording secretary stated no correspondence had been received regarding Zone Change 82-10. Mayor Unsworth opened the public hearing at 7:38 p.m. asking those in favor of the project to speak. Fred Crowe, Butterfield Surveys, representing the applicant, Mr. Rice, spoke in favor of the zone change, stating it was in conformance with the General Plan, and asked the Council to approve the application. 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 7:40 p.m. ....., MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 82-10 SUBJECT TO FOUR CONDITIONS RECOMMENDED BY STAFF PLUS THE FOLLOWING ADDITIONAL CONDITIONS: 5. Dedication of water rights to the City. 6. Formation of a Lighting and Landscaping District (at Building Permit stage). 7. Payment of applicable Public Safety Fees (at Building Permit stage). At this time, Mayor Unsworth announced that Robert Trevino has been appointed Interim City Manager. 32. Conditional Exception Permit #82-6 - Mobil Oil - Request to exceed the City.s Sign Ordinance height requirements at the southeast corner of Frontier and Railroad Canyon Roads. Mayor Unsworth announced that this was the time and place for a public hearing --- pursuant to the application of Mobil Oil Corporation to vary from the height requirements of the City's Sign Ordinance: required height is 20 feet, re- quested height is 50 feet. Planning Commission recommended approval of CEP 82-6 subject to five conditions. 1. Sign shall be placed at location identified on the site plan. 2. Sign shall be utilized for identifying Mobil Oil Service Station only and shall not exceed 145 square feet in area. 3. Sign shall not exceed a height of 50 feet. 4. Issuance of a Categorical Exemption. 5. -A finding of conformance to existing and proposed GeneralPlan."~--_"_~~~~~_"_ 19 Page Three . City Council Minutes January 25, 1983 PUBLIC HEARINGS - continued 32. Conditional Exception Permit #82-6 - Mobil Oil - continued. - The recording secretary stated no correspondence had been received regarding Conditional Exception Permit 82-6. Mayor Unsworth opened the public hearing and asked if anyone would like to speak in favor of the project. No one asked to be heard. Mayor Unsworth asked if anyone would like to speak in opposition to the project. No one asked to be heard. Mayor Unsworth closed the public hearing at 7:46 p.m. Mr. Torn commented on staff report referring to CEP recently approved allowing McDonald's Restaurant a sixty foot sign to advertise toward 1-15, as well as Union Oil sign at the end of Main Street which also exceeds 50 feet in height. Mr. Torn stated he wanted to go on record as being opposed to existing and additional signs of this nature. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED TO 'APPROVE CONDITIONAL EXCEPTION PERMIT 82-6 SUBJECT TO FIVE PLANNING COMMISSION CONDITIONS. AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH TORN NONE NONE 33. Resolution of intention.to vacate a portion of former Railroad Canyon Road, northerly of and adjacent to Mission Trail. Mayor Unsworth announced this was the time and place for a public hearing on resolution declaring intention to vacate a portion of former Railroad Canyon Road, northerly of and adjacent to Mission Trail. Mr. Rubel reported that-the public hearing on this vacation was opened at the Council Meeting of January 11, 1983 and was continued to January 25,1983. Staff has reviewed traffic flow in the area of the proposed vacation and feels the portion of old Railroad Canyon Road between Frontier Road and Lakeshore Drive is too close to existing Railroad Canyon Road to function safely as a public street and creates traffic conflicts. Mr. Rubel also clarified the status of the remainder of former Railroad Canyon Road which was deeded to Mr. Robert G. Williams by Ca1-Trans. Staff recommends adoption of resolution of vacation. The recording secretary stated no correspondence had been received regarding the street vacation. Mayor Unsworth opened the public hearing at 7:53 p.m. asking those in favor of the vacation to speak. Mr. Robert G. Williams, 32172 Machado Street, Lake Elsinore, stated he is the benefactor of the vacation and would be available to answer any questions. Mr. Lee Allen, 270 Avenue 9, Lake Elsinore, stated that the street being open to vehicular traffic has caused some problems. If vacated, will there be a barricade so that it will be closed off to vehicular traffic to avoid accidents? The portable barricades are being ignored. Mr. Porter responded by stating that if Council approves the v.acation, staff should continue in efforts to diminish any safety hazard until such time as construction begins on the adjacent property. Mayor Unsworth asked if anyone would like to speak in opposition to the vacation. No one asked to speak. Mayor Unsworth closed the public hearing at 7:56 p.m. ~ .20 Page Four City Council Mi~tes January 25, 1983 " PUBLIC HEARINGS - continued "0 33. Resolution of intention to vacate a portion of former Railroad Canyon Road, northerly of and adjacent to Mission Trail. - continued RESOLUTION NO. 83-8 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF OLD 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 TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-8 ORDERING VACATION OF A PORTION OF OLD RAILROAD CAN- YON ROAD. BUSINESS ITEMS - 51. 'Request for Waiver of Parking Requirements - United Pentecostal Church - 510 North Main Street Mr. Trevino reported that staff has reviewed this request and feels that applicant should be required to provide adequate parking spaces, either on- site or on an adjoining lot in order to avoid parking difficulties. Moved by Torn, seconded by Knight, to deny the request and require installa- tion of parking requirements. (Motion and second withdrawn). Reverend Michael Luke, Pastor of the United Pentecostal Church of Elsinore spoke to the Council and asked they reconsider his request for the following reasons: 1. The building is rented on a temporary basis. 2. The seating capacity is 25. 3. There is ample street parking as well as a vacant lot adjacent to the church which is available to him for parking. ._ 4. Presently, services'~re held on Sunday at 10:00 a.m. and 6:00 p.m. only. Council discussion followed. Mr. Torn withdrew the motion, Mr. Knight withdrew the second. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED THAT UNITED PENTECOSTAL CHURCH BE GRANTED A TEMPORARY WAIVER OF PARKING REQUIREMENTS FOR A PERIOD NOT TO 'EXCEED ONE YEAR, WITH A SIX MONTH REVIEW BY STAFF AND BROUGHT BACK TO COUNCIL IN SIX MuNTHS, ON THE CONDITION THAT SERVICES ARE HELD ONLY ON SUNDAYS AND IN THE EVENING. AYES: NOES: ABSENT: ABSTENTIONS: MAC MURRAY, TORN, VALENZUELA, UNSWORTH KNIGHT NONE NONE 52. Request for Refund of Tentative Tract Map 16563 Processing Fees - Fred Dominguez Mr. Trevino ~eported on Planning Department review of this request. Mr. Dominguez made application for a tentative parcel map and paid fees of $450.00 on May 20, 1980. The map was approved on January 27, 1981. The delay was partially the result of confusion caused by conflicting recommendations between the Engineering and Planning Departments. Tentative Tract Map 16563 expired on July 27, 1982. After reviewing this matter with the city attorney, staff recommends refunding the full amount of $450.00 to the app1 icant. MOVED BY TORN, SECONDED BY VALENZUELA,AND CARRIED UNANIMOUSLY TO REFUND THE FULL AMOUNT OF $450.00 TO THE APPLICANT, MR. FRED DOMINGUEZ. -' 21 Page Five City Council Minutes January 25, 1983 BUSINESS ITEMS - continued - 53. Agreement Between the City and the YMCA Beverly Sommer gave staff report and explained this proposal would be a cooperative agreement between the City of Lake Elsinore and the YMCA, for use and scheduling of the Lake Community Center for recreational activities which would be provided to all the citizens of Lake Elsinore. The YMCA will pay a rental fee of $1.00 per year for the use of an office in the Community Center. Staff recommends Council approve and execute agreement with YMCA. Mr. Len Kaiser, YMCA Board of Directors, stated the Board approved the contract at their meeting last week. Ms. Valenzuela stated she is not comfortable with the agreement as it is written. She would like to see the agreement reworded to clarify the separate functions and responsibilities of the City and of the YMCA. Mr. Porter stated he felt the Council needed to determine what the intent of the agreement is in order to evaluate the agreement. Mr. Torn stated that cooperative agreements of this nature are based on a certain amount of trust. However, due to the changes that occur in Councils and Board of Directors of organizations, the agreement should be more structured in order to avoid any problems or mis-interpretations in the future. Ms. Valenzuela also stated that Resolutions 82-59 and 82-60 would need to be amended to reflect use and regulation of the Nutrition Center which is under construction at the Community Center. - Mr. Knight stated he would like the agreement to specify the exact location of the office space which the YMCA would occupy within the Lake Community Center. MOVED BY TORN, SECONDED BY VALENZUELA,AND CARRIED UNANIMOUSLY TO APPROVE THE AGREEMENT IN CONCEPT PENDING ADDITIONAL CLARIFICATION OF THE FINAL AGREEMENT AND DIRECT STAFF TO BRING BACK A NEW AMENDED AGREEMENJ OR AN ADDITIONAL AGREEMENT TO COINCIDE WITH THE EXISTING AGREEMENT AND THE RESOLUTIONS SETTING FEES BE RE-WRITTEN TO REFLECT THE NEW USES FORESEEN THROUGH THE ADDITION OF THE KITCHEN FACILITY. 54. Review of Conditional Use Permit 82-3 - Beachcomber R.V. Park - 32401 Stoneman Street Mr. Trevino reported on July 13, 1982, the City Council approved Conditional Use Permit 82-3 subject to nineteen conditions. On the same evening, they also approved Zone Change 82-4 rezoning the applicants' R-l property to R, so that it could be utilized as part of the R.V. Park. The applicants met with staff to resolve some of the problems which had to be overcome in order to obtain approval for this project. Because of the applicants' willingness to meet City and County requirements, Council approved this Conditional Use Permit subject, to nineteen conditions recommended by the Planning Commission, which had to be met prior to operation of the park. At this time, only a few of these conditions have been met. Staff recom- mends extension of Conditional Use Permit 82-3 for six months in order for applicants to meet the remainder of these conditions and pay all applicable permit fees. Mr. Jim Rhoades, 15758 Grand Avenue, Lake Elsinore, spoke on behalf of the applicants and attempted to update the Council on progress made on some of the original conditions as well as problems which they had faced in meeting some of the requirements. Mr. Rhoades also requested Council review and reconsider the capital improvement fees. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO TABLE CONDITIONAL USE PERMIT 82-3 AND CONTINUE TO FEBRUARY 8, 1983 MEETING. Mr. Rhoades presented copies of business license and building permits which were obtained by the previous owners of this property in order to establish there did exist a legal mobile home park prior to the applicants purchase of this property. ~22 Page Six City Council Minutes January 25, 1983 55. Public Improvements required as a condition of bui'lding permits - Policy on time of installation. Mr. Rubel reported that in the past there has not been consistency in reacting to owners requests to defer installation of public improvements. Mr. Rubel recommended that off-site improvements be installed in conformance with the following policy: 1. In the normal situation, the public improvements will be installed prior to obtaining certificate of occupancy. 2. Under certain circumstances, public improvements may be deferred and a ... recorded agreement accepted to guarantee future installation thereof. Mr. Rubel recommended adoption of the resolution establishing a policy for determining the time of installation of public improvements which are re- quired by Ordinance No. 572 as a condition of a building permit. Mr. Torn stated he would like the last paragraph of the resolution to be revised. Discussion followed regarding City Attorney approval on legal doc- uments which are presented to Council for vote. Mr. Porter stated that it had been discussed but never resolved as to whether city attorney approval on documents should be prior to Council action or after Council has been asked to make a determination. Consensus of Council was to revise the last paragraph of the resolution to read: BE IT FURTHER RESOLVED, that the public improvements may be deferred due to existing engineering prOblems at the site, upon approval of the City Council, based on recommendation of the City Engineer and concurrence of the City Manager, and all documents to be approved and signed by the City Attorney prior to being presented to Council. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO TABLE THE RESOLUTION AND REFER TO CITY ATTORNEY FOR REVISION AND APPROVAL. ~ 56. Street Improvements at Riverside Drive and Lincoln Street - Change Order No. 4 and Notice of Completion. Mr. Rubel reported that in June, 1981, City Council approved a contract with All American Asphalt for the construction of certain street improvements along the westerly side of Riverside Drive on both sides of Lincoln Avenue. Subsequently, three change orders were issued for additional work and involving additional costs. During the course of construction, the con- tractor was requested to omit certain portions of the work because right-of- way was not yet available. By the time the City has acquired the necessary right-of-way, the contractor had completed all remaining work on the project and had moved his equipment and crews off the site. The contractor informed the City that his move-back costs to complete the project would amount to $4,754.00. Contractor has received payment for all work completed to this point, less the standard 10% retention. Mr. Rubel recommends processing a change order deleting all unfinished work, accept the project as complete, file a Notice of Completion, and pay the 10% retention sum 30 days after the Notice of Completion has been recorded. The remainder of work on this project can be accomplished more reasonably and efficiently through informal bids from contractors who are working on local subdivisions and would not require excessive equipment move-in costs. , Council asked Mr. Rubel for clarification of what work was remaining on the project. After discussion, Mr. Rubel stated he felt the remainder of this job would cost approximately $3,000 to $5,000 and could be accomplished through informal bids. ~ MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED TO APPROVE CHANGE ORDER NO.4. AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, MAC MURRAY, TORN, UNSWORTH VALENZUELA NONE NONE Mr. Knight commented that as Council has stated in the past, we are absolutely against contractors coming back with change orders because they under-bid the job on material or for any other reason. 23 "Page Seven City Council Min~tes January 25, 1983 BUSINESS ITEMS - continued 56. Street Improvements at Riverside Drive and Lincoln Street - Change Order No.4 and Notice of Completion - continued. Council concurred to have city crews place a small amount of black-top to level out the bump at Riverside Drive and Lincoln. - COUNCIL CONCURRED TO TAKE A BREAK AT 9:28 p.m. COUNCIL RECONVENED AT 9:40 p.m. 57. Swick Park Improvements - Change Order No.1 Mr. Rubel reported the contract for this project was awarded to Allied Sprinkler Co. on November 18, 1982 and included fencing and backstops for both Senior League and Little League fields as well as lighting for the Little League field only. Staff has determined that a portion of the 20 foot length of fencing adjacent to the Senior League field backstop should be six feet higher at an additional cost of $400.00. Council discussion followed with regard to the type of backstops which were being installed at the" park. Council would like to see backstops of a newer modern design which would enhance and upgrade the facility. Mr. Rubel stated that he would consult with the contractor to see if it would be possible to switch to a new design and what the additional cost would be. Council concurred to have this item continued and brought back at the next Council meeting in two weeks. 58. City Council to Act as Appeals Board Mr. Trevino reviewed staff report and recommended the City Council appoint r-- themselves as the permanent Housing Advisory and Appeals Board as this would eliminate one administrative step of an appeals procedure for unsafe building abatement. By Council accepting the responsibility for Appeals Board matters, it would alleviate a request to have the matter reheard by Council. These matters would be set to coincide with City Council meetings and would be heard prior to regular Council business. With Council acting as the Appeals Board, the matter would then be at its last administrative hearing and would elimin- ate the duplication of staff time. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY, AND CARRIED UNANIMOUSLY THAT THE CITY COUNCIL MEMBERS BE APPOINTED AS PERMANENT HOUSING ADVISORY AND APPEALS BOARD. 59. Ordinance No. 666 - Refuse Disposal Services - (Second Reading) MOVED BY VALENZUELA, SECONDED BY MAC MURRAY, TO READ ORDINANCE NO. 666 BY TITLE ONLY. The recording secretary read the title of Ordinance No. 666. - ORDINANCE NO. 666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 8.16.095 TO THE LAKE ELSINORE MUNICIPAL CODE, PERTAINING TO OWNER-TENANT AGREEMENTS FOR REFUSE DISPOSAL SERVICES. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 666. AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, TORN, MAC MURRAY, VALENZUELA, UNSWORTH NONE NONE NONE 24 Page Eight City Council Minotes January 25, 1983 BUSINESS ITEMS - continued 60. Roof Pitch Ordinance and Litigation Mr. Porter reported in late 1981, Edward Watt made application for a mobi1e/ manufactured home, which was denied for several reasons, but particularly because of insufficient roof pitch. On administrative appeal to the City Council, the Design Review Board denial was affirmed and Mr. Watt's appeal was denied. Mr. Watt subsequently filed a lawsuit against the City, challenging the validity of Ordinance 621, requiring a 4-12 roof pitch, and seeking damages. A motion for summary judgment was scheduled to be heard on January 18, 1983. The pending motion against the City was denied. Mr. Porter suggested since this involved a matter of litigation, Council may wish to consider this item in closed session. - Mayor Unsworth stated he saw no problem in discussing the matter at this time. He stated he was in favor of the new ordinance which would amend Ordinance No. 621 requ'iring a 4 inch to 12 inch (4-12) roof pitch. He',iVoted against Ordinance No. 621 because he felt it went against the idea of State law which allowed mobile homes to be placed on any R-1 lot. At the time, mobile home manufacturers did not make a. structure with a 4-12 roof pitch. Also, Ca1-trans confirmed the height of-these structures would normally prevent their passing under freeway overpasses and make transporting mobile homes extremely diffi- cult. Ordinance No. 621 was passed in an effort to eliminate indiscriminate movement of mobile homes onto R-1 lots throughout the City. However, since the Design Review Board must approve all building projects within the City, this would afford the community adequate protection against indiscriminate placement of any undesireab1e structures in established residential areas. Mr. Torn stated he voted in favor of Ordinance 621 and the 4-12 roof pitch and opposes the new ordinance. He said Ordinance 621 did work as a deterent to mobile home movement onto single R-1 lots for a time. Presently, however, the mobile home industry has been manufacturing many homes with the 4-12 roof pitch. He opposes any change in roof pitch requirements. Larry. Knight stated he was against Ordinance 621 because he saw no need for a 4-12 roof pitch except-f-t)f loading, as in areas of heavy snowfall. Government Code SB 1960 states that requirements imposed on mobile home structures shall be limited to roof overhang, roof material and siding matter only. ~ Ms. Valenzuela stated, in her opinion, a 4-12 roof pitch is not necessary in Southern California and the City has no right to place this kind of restriction on builders. Mr. Torn pointed out the old ordinance did not attempt to discriminate against mobile homes but to require all residential dwellings to have a 4-12 roof pitch. Moved by Knight, seconded by Valenzuela that all references to roof pitch on single-family residences be eliminated as a requirement of constructing that residence. AYES: NOES: ABSENT: ABSTENT IONS: KNIGHT MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE Motion did not pass. Mr. Unsworth reiterated that he feels the original ordinance was an attempt to eliminate mobile home movement into the City and is not in accordance with State law. This could result-in future litigation and he does not want the ... City to be party to a legal action. Mr. Torn stated, in his opinion, the State should not have the right to dictate to a community where they can allow mobile homes to be placed. This should be a matter for local jurisdiction. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY TO READ THE ROOF PITCH ORDINANCE BY TITLE ONLY. The recording secretary read the title of the ordinance. 12:) Page Nine City Council Minutes January 25, 1983 BUSINESS ITEMS - continued 60. Roof Pitch Ordinance and Litigation - continued - ORDINANCE NO. 667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE 621 AND LAKE ELSINORE MUNICIPAL CODE SECTION 17.14.030C CONCERNING MINIMUM ROOF PITCH REQUIREMENTS FOR ALL SINGLE-FAMILY DWELLINGS CONSTRUCTED WITHIN THE CITY. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY,AND CARRIED TO APPROVE THE FIRST READING OF ORDINANCE NO. 667. AYES: NOES: ABSENT: ABSTENTIONS: PUBLIC COMMENTS KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH TORN NONE NONE Randy Terrazas, 312 Campus Way, Lake Elsinore, spoke regarding the handling of items on the Consent Calendar at Council meetings. Mr. Unsworth explained the normal procecure which is followed at all Council meetings. Mr. Terrazas asked as to the disposition of Business Item 55 - public improvements required as a condition of building permit. He was informed this item was tabled and referred to the City Attorney for review and would be brought back at the February 8 Council meeting. Mr. Terrazas also voiced his concern and opposition to the City Council being appointed as Appeals Board. Mr. Porter stated that Council complied with Code - they have the right to decide who is qualified to sit on Appeals Board. Mr. Terrazas requested copy of the minutes of this meeting. REPORTS AND RECOMMENDATIONS Mr. Knight commented on homemade signs posted allover the City, on trees, poles and posts. He would like to see these eliminated. Mr. Knight asked Bob Jacobson to report on the City Park project. Mr. Jacobson reported the project is going extremely well. On Wednesday morning, \'Ieather permittl ng, the concrete wi 11 'be poured for the gazebo. "'Donations froin "', merchants such as Luna Tile, Pacific Clay and Seers Lumber are coming in as promised and all work is on schedule. Actual construction of the gazebo should commence the week of January 31. Mr. Knight commented he would like to see an ordinance drawn up to prevent children from riding bikes on sidewalks as they are a hazard to senior citizens as well as young people. - Mr. Knight complimented Public Works crews on the concrete repair work they did in front of the Pat Lux property. Ms. Valenzuela extended sympathy on behalf of the City Council to Helen Schoolcraft who lost her husband a few days ago and to Deborah Harrington whose brother passed away last weekend. Both services are scheduled for Thursday at 2:00 p.m. at the Arlington Cemetery in Riverside. Ms. Valenzuela also reported that work on the Nutrition Center at the Lake Community Center is underway. With regard to a new bicycle ordinance, Ms. Valenzuela suggested a program for bicycle licensing, possibly operated by the Fire Department. 26 Page ten City Council Minutes January 25, 1983 REPORTS AND RECOMMENDATIONS - Continued Mr. Torn reminded Council the mid-year budget study session is scheduled for Monday, January 31 at 7:00 p.m. Two Council study sessions were scheduled: Wednesday, February 2 at 7:00 p.m. - Orientation of Interim City Manager Monday, February 7 at 7:30 p.m. Discussion with new Chamber of Commerce President - ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:04 P.M. ~~~1~ J~HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ~A'~~-Ld~~;~ DEBORAH A. HARRINGTON, CITY ERK - Respectfully submitted by, Jo Ann Money, Recording Secretary ..... 21 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUES~AY, FEBRUARY 8, 1983 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 8:05 p.m. by Mayor ~ Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Valenzuela. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT', TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, and Senior Administrative Assistant Steel. PRESENTATIONS/PROCLAMATIONS ----- Mayor Unsworth read a proclamation announcing February 15, 1983, as Archie A. Bowman Day and joined with the City Councilmembers in wishing Mr. Bowman a Happy 100th Birthday. CONSENT CALENDAR MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Minutes - January 25, 1983. Regular Meeting: Approved as presented. 2. Warrant List - January, 1-98~: Approved warrant numbers 17595 through 17768 in the amount of $260,764.83 for the month of January, 1983. 3. Resolution No. 83-9: Approved. A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND. 4. Notice of Completion - Street Improvements at Riverside Drive and Lincoln Street: Approved Notice of Completion for work completed by All American Asphalt and authorized the filing andrecondation of said notice. 5. Senior Citizens Center - Dog and Cat Vaccination Service: Denial of request from Pet Prevent-A-Care Corpo~ation to hold a vaccination service for cats and dogs on March 10, 1983 at the Lake Community Center. 6. Animal Control Activity Report - January, 1983: Accepted as an informational item. 7. Building Department Activity Report - December, 1982 and January, 1983: Accepted as an informational item. ..... 8. Fire Safety/Housing Inspector's Report - January, 1983: Accepted as an informational item. 9. Set for Public Hearing - February 22, 1983: A. Amendment to Tract #14706 - Approved. 10. Set for Public Hearing - March 8, 1983: A. Commercial Project 83-1 and Conditional Exception Permit 83-1 (Kirtides), Approved. ~2B Page two City Council Minute~ February 8, 1983 CONSENT CALENDAR - Continued. 11. Resolution No. 83-10: Approved. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DIRECTING THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE TO SELECT A REDEVELOPMENT PROJECT AREA FROM WITHIN THE SURVEY AREA DESIGNATED BY RESOLUTION NO. 82-6 AND 82-14, AND TO FORMULATE A PRELIMINARY PLAN FOR THE REDEVELOPMENT OF THE SELECTED PROJECT AREA. PUBLIC HEARINGS - 31. !Conditiona1 Use Permit #82-11 - Expansion of existing Ultralight Aviation Park and enable on-site incidental camping - 603 Lucerne Street. Mayor Unsworth announced this was the time and place for a public hearing on a conditional use permit pursuant to the application of Edward Snyder for the expansion of the existing Ultralight Aviation Park and request to enable on-site incidental camping at 603 Lucerne Street. . -" Mr. Trevino reported the applicant is requesting an additional trailer at the park as office space for up to ten (10) new Ultralight dealers and incidental camping for the Ultralight participants. The camping would be restricted to 34 sites and would be strictly incidental to the main Ultralight use whereby enthusiasts would be spending the night next to their tied-down aircraft. Mr. Trevino reported that staff originally outlined the rationale for requiring contribution for off-site improvements as the City should benefit from capital improvement for any businesses locating in the City. Also, customers of the businesses will be utilizing City facilities such as streets and parks which contribute to their depreciation. The applicant has agreed to participate in the construction of Lucerne Street improvements. .,The applicant will sign an agreement to participate in the Assessment District and improvements made when four (4)- businesses can b~_ipcluded in the Assessment District. The applicant has agreed to pay up front full capital improvement fees for the campsites, totaling $2,960.00. Staff desires to increase the review period for the application from six (6) months to one year. -- Mr. Trevino stated the Planning Commission recommends approval of the Conditional Use Permit subject to eight (8) conditions. The City Clerk stated no correspondence had been received regarding the Use Permit. Mayor Unsworth opened the public hearing at 8:10 p.m. asking those in favor of the Use Permit to speak. Ed Snyder, 32241 Barnes Lane,stated he would be happy to answer any questions of the Council in regards to the conditional use permit or ultralight activities on Lucerne Street. Mr. Snyder stated one of the main objectives is to provide the city with a means to have some input and control over the ultralight growth in the area. Mr. Torn asked ~r. Synder if his plans to locate 10 dealers on the site would be a relocation of any of the existing ultralight facilities in the valley, specifically the airport. Mr. Snyder stated it would be up to the dealers, the park does not have any rules for excluding anyone. The only rules they have are that the dealer be licensed by the City and have approval from the manufacturer to sell and operate in this area. Mr. Snyder answered a question regarding sales tax stating as a stipulation that they must present to the park owners a resale permit stating that the sales generated here would be written up as occurring in the City of Lake Elsinore. Mr. Snyder stated he would provide the city with a copy of this type of information if the city made it a condition. " -- 29 Page Three City Council Minutes February 8, 1983 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit #82-11 - Expansion of existing Ultralight Aviation Park and enable on-site incidental camping - 603 Lucerne Street - Continued. Blair Andrews, 33045-H Jaimeson Street, Lake Elsinore, stated he has been living in the valley for two years and eight (8) months ago started a business in repairing and manufacturing resales of ultralights. He is in favor of the conditional use permit being renewed. This conditional use permit will help the tourism and local businesses in the community. -- Richard Napp, 2969 Dawn, stated he was on the Aviation Advisory Committee and supports the ultralight activities. Frank Babish, 22965 Blue Bird, Canyon Lake, representing his company, Ultraflight Aircraft Company, feels that Lake Elsinore is a perfect site for ultralight flying. Mr. Babish stated the people at the ultralight park have formed an organization known as the Lake Elsinore Ultralight Dealers Association, main objective is to provide rules and regulations to be followed. Norman Nichols, resident of Lake Elsinore, stated the park is the only place that provides a safe environment to fly ultralights. Richard Walicker, Docrene Way, Carlsbad, will be selling in Lake Elsinore and feels the main purpose of the park is to have people come to Lake Elsinore and enjoy themselves. Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Use Permit request. No one asked to be heard. Mayor Unsworth closed the public hearing at 8:26 p.m. - Mr. Torn asked for clarification on Planning Commission condition #1. Mr. Trevino clarified that the 10 dealers proposed to locate in the additional trailer would not count towards the four 'businesses needed to formulate the assessment district. Mr. Torn asked for clarification on Planning Commission condition #2, in regards to payment of Capital Improvement Fees. Mr. Fissori of the Planning Department stated the full capital improvement fees were based on the 34 campsites. Discussion was led on the request for the additional trailer. Mr. Snyder stated the existing trailer size is 121 x 601. Mr. Unsworth stated he had a problem with the incidental camping request. He feels it is unfair to stop one incidental camping area to allow another. Mr. Torn stated the park which was disallowed did not follow the rules and regulations. Mr. Unsworth stated he does not see any conditions for the incidental camping area. Mr. Snyder stated there are conditions under Title 25 regarding incidental camping which spell out the State requirements. Mr. Snyder stated the park will meet all those conditions. Mr. Porter stated if the Council permits incidental camping, Title 25 conditions would automatically apply. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONDITIONAL USE PERMIT SUBJECT TO THE EIGHT (8) PLANNING COMMISSION RECOMMENDATIONS WITH CAPITAL IMPROVEMENT FUND FEES TO BE COLLECTED ON THE ADDITIONAL COMMERCIAL SALES TRAILER AND CONDITION 9 - PAY THE PUBLIC SAFETY FEES (TO BE NEGOTIATED THROUGH STAFF) AND CONDITION 10 - THAT AN ADDITIONAL SALES TRAILER BE NO MORE THAN 121 x 601 TO BE ALLOWED AND CONDITION 11 - THE HOLDER OF THE CONDITIONAL USE PERMIT WQULD SUPPLY REPORTS ON DEMAND FOR SALES INFORMATION, SO THE CITY CAN CLAIM ALL THE SALES THAT TAKE PLACE ON THE SITE. 30 Page 'four . .City Council Minutes February 8, 1983 PUBLIC HEARINGS - Continued. 32. Conditional Exception Permit #82-7 - Request to delete zoning ordinance requirements for Used Car Sales Lot - Northwest Corner of Graham Avenue and Riley Street. Mayor Unsworth announced this was the time and place fora public hearing on a Conditional Exception Permit #82-7 pursuant to the application of Howard Barrick requesting deletion of zoning ordinance requirements for Used Car Sales Lot Improvements at the Northwest Corner of the Intersection of Graham Avenue and Riley Street. - Mr. Trevino reported the applicant has requested waiver from the zoning ordinance improvement requirements for car lQts. The applicant also requested permission for a travel trailer office and a business license to sel:l II any thing regulated by the Department of Motor Vehicles". The last two requests were withdrawn after staff explained that the conditional exception permit process was not the appropriate instrument to use for such requests. The zoning ordinance requires that car lots pave, with asphalt or concrete, the entire sales area. Car lots are also required to provide concrete bumper guards and an ornamental fence or hedge along street frontages. Mr. Barrick desires a waiver from the paving requirements for a period of up to 24 months. The commission felt a variance for 24 months was too long and discussed limiting the permit to 12 to 18 months. No mention of this however, was included in their final motion. Mr. Trevino recommended if the Council grants this Conditional Exception Permit, it should consider limiting approval to a specific length of time. The Planning Commission recommended approval of the Conditional Exception Permit No. 82-7, subject to the applicant installing the following improvements: 1) Automobile bumper guards, 2) Some design appropriate to ornamental fencing along Graham Avenue and Riley Street (the back two (2) sides can remain with chainlink fencing), 3) A ribbon of asphalt for the front twenty (20) feet along Graham Avenue and Riley Street, leaving the back portion gravel. . The City Clerk stated no correspondence had been received regarding the Conditional ___ Exception Permit Application. Mayor Unsworth opened the public hearing 'at 8:43 p.m. asking those in favor of the project to speak. Mr. Howard Barrick, applicant, offered to answer any questions of the Council. Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Exception Permit. No one asked to speak. Mayor Unsworth closed the public hearing at 8:44 p.m. Mr. Torn felt the original report from the Planning Department,that this item did not appear to be an appropriate exception,was a valid comment. Mr. Torn felt that deviating from the zoning ordinance does not comply with the goals of the Redevelopment Agency. and he feels there is no justification to deviate from the zoning ordinance in this case. Mr. Porter suggested the Council may wish to consider adding Public Safety Impact Fees if there is a motion granting the Conditional Exception Permit. Mr. Unsworth felt the proposed site for the used car sales lot was not a good site because it is across the street from the Lake Community Center. Mr. Carter asked for clarification on what portion of the zoning ordinance the ___ applicant wants to delete. Mr. Trevino explained the extent of the appli~ant's request to vary from the zoning ordinance, stating the applicant wants to pave a portion of the sales lot and leave the balance umimproved and wants to deviate from the requirements of the ornamental fence. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY CONDITIONAL EXCEPTION PERMIT #82-7. 31 Pag'e. five . . City Council r~inutes. February 8, 1983 PUBLIC HEARINGS - Continued. 33. Amendment to Tract Map #14706 - This public hearing is scheduled for February 22, 1983. 34. Zone Change #82-10 - Request to rezone .95 acres from R-l to R-3, located at Chestnut and Kimball Streets. ~ Mayor Unsworth announced this was the time and place for a public hearing on Zone Change 82-10 pursuant to the request to rezone .95 acres from R-l to R-3, located on Chestnut and Kimball Streets. Ms. Harrington explained this item was considered at the meeting of January 25, 1983, by th~ City Council, however, due to the item being advertised for the January 25th meeting as well as the February 8th meeting, the Council needs to open the public hearing, receive public input and re-affirm the action taken at the January 25, 1983 meeting. Mayor Unsworth opened the public hearing at 8:53 asking those in favor of the Zone Change to speak. No one asked to speak. Mayor Unsworth asked if anypne would like to speak in opposition to the Zone Change Request. No one asked to speak. Mayor Unsworth closed the public hearing at 8:54 p.m. (""- MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE #82-10 SUBJECT TO THE FOLLOWING CONDITIONS: 1. APPLICANT TO SUBMIT ACCURATE LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY. 2. A FINDING OF CONFORMANCE TO THE GENERAL PLAN. 3. A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT. 4. ISSUANCE OF A NEGATIVE DECLARATION. 5. DEDICATION OF WATER RIGHTS TO THE CITY. 6. FORMATION OF A LIGHTING AND LANDSCAPING DISTRICT (AT BUILDING PERMIT STAGE). 7. PAYM~NT OF APPLICABLE PUBLIC SAFETY FEES (AT BUILDING PERMIT STAGE). BUSINESS ITEMS '~''''''?o'r 51. Gradi ng Pl an for Jim Magi 11 property at Iowa Street and Lakeshore Drive . Ms. Valenzuela asked this item be withdrawn because according to the last minutes Mr. Magill was informed he would bring this back sometime within ninety days after the City heard from the Army Corps of Engineers.and asked that it be brought back at the request of Jim Magill. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO CONTINUE UNTIL MR. MAGILL REQUESTS THE ITEM BE PLACED ON THE CITY COUNCIL AGENDA. - 52. Request for Transfer of Conditional Use Permit 81-18 and Extension for three (3) years, 32019 Corydon Road. Mr. Trevino read a letter from Larry Perkins requesting a three year extension of the existing Conditional Use Permit No. 81-18. Mr. Trevino reported that Conditional Use Permit 81-18 was granted to one (1) applicant, Mrs. Barrett, for her own specific use. A finite time limit was put on the permit because Section 17.12.050(E) of the Municipal Code does not allow for the use of trailers as offices or residences except in specified cases. Since Mrs. Barrett is no longer pursuing her operation, staff feels that it is not necessary for the City Council to extend her permit beyond its expiration date and to transfer that permit to a third party. Mr. Trevino reporter the City Council approved the Conditional Use Permit 81-18, on December 22,1981 for a one (1) year stay. The City Council granted the temporary permit for a caretaker's residence at Skylark Gliderport, which expired on December 22, 1982. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY THE REQUEST AND DIRECT THE APPLICANT TO APPLY FOR A NEW CONDITIONAL USE PERMIT, IF HE SO DESIRES. 32 Page' Six . . City Council Minutes. February 8, 1983 BUSINESS ITEr~S - Continued. 52. Request for Transfer of Conditional Use Permit 81-18 and Extension for three (3) years, 32019 Corydon Road - Continued. Larry Perkins stated the only changes in the conditional useipermit are that r.1r. Perkins is now leasing the property with the intent to purchase the property and the additional storage facilities. Mr. Trevino reported that staff feels the Conditional Use Permit should not be tranferred, but instead, the applicant should apply for a new Conditional Use Permit...J 53. Richard Weymouth Request regarding County Fire Department Requirements: Commercial Project #82-7, located at Lakeshore Drive between Riverside and Machado. , Mr. Trevino reported the applicant, Mr. Weymouth, has requested help in resolving the problem of fire suppression requirements for his proposed new office. The problem centers with meeting the requirements of the County Fire Department. Mr. Trevino recommended the City Council direct the City Manager and the City Engineer to meet with the applicant and return at the next meeting with a recommendation. Discussion ensued regarding the existing fire hydrant and whether or not Rodriguez Disposal had to pay a portion of the fire hydrant. , ' MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO DIRECT THE CITY MANAGER AND THE CITY ENGINEER TO MEET WITH THE APPLICANT AND RETURN AT THE NEXT MEETING WITH A RECOMMENDATION. 54. Adam Natalie Request - 16866 Holborow Mr. Trevino presented a report to the Planning Commission, dated December 17, 1982, for their determination at their regular meeting held on December 21,1982, regardinr the property located at 16866 Holborow. The Planning Commission determined that a garage has to be maintained as a garage and a garage door with a driveway leading to this g'arage. .... '--"i Mr. Trevino reported Mr. Natalie has been attempting to finish a single-family dwelling on Holborow and through a series of situations he is not at a point where he needs to bring this before the City Council. The issue centers around parking and the driveway. There appears to be some ambiguity in Mr. Natalie's mind about providing required off-street parking. Mr. Natalie'has enclosed the bottom floor of the single-family dwelling and staff feels it should be a garage with garage doors. Mr. Natalie explained that on December 30, 1981, the building was in the building stages only and the building was red tagged by the building inspector, Bob Fink. The ordinance he was red tagged for was the ordinance which states that all dwellings must have a garage, enclosed parking place or car port. On January 19, 1982, there was a hearing and changes made to the blue print and it was presented to the Board and as far as he was concerned the Board approved it 5-0. The paper stated he needed to file a CC&R, the garage to be maintained as a garage and never to be used as a dwelling. Mr. Natalie stated five days later he asked for a sign- off of the framing. The building inspector stated he needed the garage door clarified and called City Hall and Jim Morrissey told Mr. Fink the garage door was not required, but Mr. Natalie must file a CC&R. Mr. Natalie stated at the same time he was given approval to put in a car port in lieu of the garage. Mr. Natalie stated he did build a car port once, which was built to the property line and has since been torn down. Mr. Unsworth asked if the inefficiency or lack of knowledge on the part of a city inspector, with regard to the city ordinance, places fault on behalf of the city or the person effected. ..... Mr. Porter stated the building inspector would be in the wrong, however, that would not relieve the applicant from his responsibility to comply with the law. Council recessed at 9:19 in order for Mr. Trevino to obtain a copy of the plans on file in the building department. Council reconvened at 9:30 p.m. 33 'Pp.ge Seven City Council Minutes February 8, 1983 BUSINESS ITEMS - Continued. 54. Adam Natalie Request - 16866 Holborrow - Continued. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE FOR TWO (2) WEEKS. 55. Swick Park Improvements - Change Order No. 1 Mr. Rubel reported the plans for Swick Park provide for the same backstops for both the Little League and Senior League fields. Staff and the Little League directors feel that a 20 foot length of fencing adjacent to the Senior League field backstop should be six (6) feet higher. The additional cost of the proposed Change Order is $400.00. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT FOR SWICK PARK IMPROVEMENTS, NOT TO EXCEED $400.00. ~" 56. Request to declare certain city property surplus. Mr. Rubel reported the city has received a request from Robert Williams regarding a parcel of City owned property at Frontier Drive and Old Railroad Canyon Road be declared surplus and that he be allowed to acquire the property. A portion of this parcel is in the site proposed to be used by McDonald Fast Food Restaurant. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DECLARE THE PARCEL OF PROPERTY SHOWN ON EXHIBIT IIAII TO BE SURPLUS AND DIRECT THE CITY MANAGER AND THE CITY ATTORNEY TO INITIATE PROCEEDINGS TO SELL THIS SURPLUS PROPERTY. 57. Resolution Changing Street Names: Railroad Canyon Road to San Jacinto Road and Frontier Road to Casino Drive. - Mr. Trevino reported the Design Review Board recommends approval of a resolution changing street names of Railroad Canyon Road to San Jacinto Road and Frontier Road to Casino Drive. At their regular meeting on February 1,1983, the Design Review Board designated 1I01dll Highway 71, which last year had been named Frontier Road, as Casino Drive. The Board also chose San Jacinto Road as the name for 1I01dll Railroad Canyon cul-de-sac. ' Discussion ensued by the City Council regarding the proposed name changes with Council making suggestions. RESOLUTION NO. 83-11 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAMES OF FRONTIER ROAD AND OLD RAILROAD CANYON ROAD TO CASINO DRIVE AND SAN"JACINTO RIVER ROAD. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED TO AMEND THE RESOLUTION TO CHANGE FRONTIER ROAD TO CASINO DRIVE, FROM FRANKLIN STREET THROUGH TO CASINO AND OLD RAILROAD CANYON ROAD TO SAN JACINTO RIVER ROAD. COUNCILMEMBER TORN VOTED NO. 58. Resolution establishing fees for installation of Traffic Signals at Mission Trail and Railroad Canyon Road. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO TABLE ANY ADOPTION OF ANY RESOLUTION UNTIL ADDITIONAL INFORMATION AND INPUT IS RECEIVED. - 59. Public Improvements required as a condition of building permits - Policy on time of installation. Mr. Rubel reported the City Council, at a regular meeting held on December 28, ~982, requested staff to recommend a uniform policy for determining the appropriate time to require the installation of public improvements. These are public or off-site improvements required as a condition of a building permit and are imposed by Ordinance No. 572. In the past there has not been consistancy in reacting to request by owners to defer improvements. Dedication of required rights-of-way for public improvements is always required prior to granting a certificate of occupancy. Mr. Rubel stated it is proposed that the Public or Off-Site Improvements consisting of, but not limited to, street paving, concrete curbs and gutters, sidewalks and driveways, street lighting and drainage facilities, shall be installed in con- formance with the following policy: 34 Page. Ei ght . City Counci 1 Mi nutes . February 8, 1983 BUSINESS ITEMS - Continued. 59. Public Improvements required as a condition of building permits - Policy on time of installation - Continued. 1. In the normal situation the public improvements will be installed prior to obtaining certificate of occupancy. 2. The public improvements may be deferred and a recorded agreement accepted to guarantee future installation thereof, only when the improvements cannot be installed due to existing engineering problems associated with the site. Typical engineering problems would be, but not limited to, the following: a. The proposed alignment would result in vehicular or pedestrian safety problems. b. The alignment or grade would not allow proper drainage. I - c. The proposed alignment or grade would not allow safe ingress and/or egress. RESOLUTION NO. 83-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLSIHING A POLICY FOR DETERMINING THE TIME OF INSTALLATION OF PUBLIC IMPROVEMENTS WHICH ARE REQUIRED BY ORDINANCE NO. 572, AS A CONDITION OF A BUILDING PERMIT. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-12. 60. Mid-Year Budget Review Mr. Trevino presented a report to the City Council from Larry Ronnow, Finance Director, wherein he recommends adjustments to the 1982-83 budget as requested by various departments. It should be noted that through diligence, cooperation and dedication from department heads and employees, the City has been able to submit a mid-year budget which places us in adequate financial condition while providing the services established by the City Council. It is recommended that the Council concur and approve the attached report. ...." MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE REPORT WITH THE FOLLOWING MEASURES BEING TAKEN: 1. Revert the following reserves to the appropriate fund balance: a. Reserve for vehicle replacement @ $52,411 b. Unfunded P.E.R.S. @ $17,975 c. Riley Street Sewer Lines @ $300,000 d. Reserve for future channel match @ $121,429 e. Match on Regional Plant @ $157,750 f. F.A.U. match @ $38,000 2. Place all vacant positions on hiring freeze with the exception of the following: a. City Manager b. Ci ty Pl anner c. Assistant Engineer 3. Eliminate the following positions: a. Fire Safety Inspector b. Administrative Assistant - 4. Appropriate Gas Tax or Article 8 money to fund City match on F.A.U. streets projects, to include Railroad Canyon, and not to exceed $38,000. 5. Redesignate Revenue Sharing for City portion of 1-15 project, in the amount of $48,739. Page Nine 'City Council Minutes February 8, 1982 35 BUSINESS ITEMS - Continued. 60. Mid-Year Budget Review - Continued. 6. Redesignate Revenue Sharing to City water fund in the amount of $13,228. 7. Appropriate transfer to General Fund for Streets budget from Gas Tax monies, not to exceed $61,967 or as required to compensate for reallocation of Revenue Sharing. -- 8. Appropriate from General Fund Balance: a. $ 4,000 - additional City Clerk clerical. b. $20,000 - additional expense for planning consultants on annexation and General Plan. 9. Return the following appropriations to the appropriate fund balance: a. $150,000 - Canyon Lake Hills engineering. b. $ 5,000 - City Supplies. c. $ 10,000 - Community Center supplies, utilities, professional services. d. $ 18,141 - Remainder of capital outlay budget, City-wide. OFF-AGENDA ITEM 61. Resolution from the City of San Bernardino opposing any amendments to the Municipal Organization Act (MORGA) allowing the detachment of municipal terri tory. -- Mr. Unsworth reported the City of San Bernardino has sent the City of Lake Elsinore a copy of a resolution adopted by the City Council on February 1st, 1983 in regards to opposing any amendments to the Municipal Organization Act (MORGA) allowing the detachment of municipal territory. Mr. Unsworth explained this will take land away from cities and giving it to counties without asking our approval. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADOPT THE RESOLUTION IN CONCEPT'W'IifH THE NAMES CHANGED AS APPROPRIATE. . MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO ADJOURN TO THE APPEALS BOARD MEETING AT 9:48 P.M. COUNCIL RECONVENED AT 10:42 P.M. Appeals Board Item - 420 Langstaff Street. Request by Mr. Robert Cissna, Mr. Arthur Harms and Mr. .Glen W. Harms. Council concurred with the action taken by the Appeals Board and directed Mr. Cissna to apply for a Conditional Use Permit or a Conditional Exception Permit, whichever is appropriate. The following action was taken by the Appeals Board: Approve the appeal request subject to the following conditions: 1. Require submission of all items needed for plan checking as detailed under "Conclusions" in the staff report, not later than six (6) months from this date. - 2. Require that all plans are to be approved, fees paid and permits issued within thirty (30) days of submittal. 3. All work to be completed and a Certificate of Occupany to be issued within one (1) year of permit issuance. 4. In the event that anyone of the foregoing items are not complied with, the City shall immediately cause said structure to be demolished or rehabilitated at the owners' expense (depending on the condition/status at the time of non- compliance ). 36 . Page Ten City Council Minutes February 8, 1983 PUBLIC COMMENTS Everett Wood presented the City Cpunci1 with information on programs the Park and Recreation District is proposing. Mr. Wood suggested that Vern Brown be reimbursed for cleaning the Community Center facility. Mr. Wood further suggested that the City adopt a policy that no a1cho1ic beverages be allowed in the community center while youth are present. Mr. Wood stated there has not been any representative at the Park and Recreation District meetings because John MacMurray has not been able to attend. Mr. Wood ask~d that one member of the City Council attend the next meeting to work on a Grand Opening for the Community Center. Ms. Valenzuela volunteered to attend the meeti ng. I -- Mr. Unsworth stated the City Council will be establishing a committee to help re-do the fee schedule and the policy resolutions to include the nutrition center at the Community Center. Mr. Carter asked a question on an item approved earlier in the meeting regarding surplus property. Mr. Carter asked how large an area it was. Mr. Unsworth stated it was 40' x 50'. Mr. Carter recommended the City hold on to it. . '" ...- REPORTS AND RECC*1MENDATIONS Mr. Trevino requested the City Council appoint a sub-committee to assist in opening the YMCA negotiations so that we can sit down and iron out the difficulties which face the City and then come back to the Council with something that is agreeable to both parties. The City also needs to amend the two existing resolution pertaining to the Community Center. Mr. Unsworth recommended the sub-committee consist of the Interim City Manager, Counci1members Torn and Valenzuela. Council concurred. Mr. Trevino reported he has received a contract from the Office of the Aging, for a lease for the Community Center, which he will be submitting to the City Council for consideration. The County wants to lease the kitchen facilities ..... for $100 per month. .--~r Mr. Trevino reported that is progressing very well. Counci1members Valenzuela it has. the construction of the addition to the Community Center Mr. Trevino stated it was through the efforts of and Knight that the addition has progressed as well as Ms. Harrington extended graditude and appreciation on behalf of her family for the flowers, thoughts and support by the City Council and staff in the recent loss of her brother. Mr. Knight suggested that a formal letter be written to Ca1trans requesting they place service signs at Railroad Canyon Exit and the 117411 Exit to the City, so that from the freewa~ people will know we have gas, food, lodging in the City. Ms. Valenzuela stated the letter should go to Bill McKinsey. Council concurred to direct the City Manager to send a letter to include all appropriate exits to the City of Lake Elsinore. Ms. Valenzuela stated the contractor on the Community Center, Joe Campobosso, has been working very closely with the City and felt there has been very good cooperation. Ms. Valenzuela further reported that the Office of the Aging has also been a great help. Ms. Valenzuela is looking forward to the Grand Opening of the Nutrition Center in April. Ms. Valenzuela reported she attended the Downtown Business Association Meeting and Lee Strong will be at City Hall tomorrow morning to speak to the Downtown Business Association on the Assessment for Revita1izaton of the Downtown Area. -- Mr. Torn felt that because the Downtown Task Force has not met since before the holidays, and in order to maintain enthusiasm, a meeting should be set and asked Mr. Knight to sit-in on the meeting because Mr. Unsworth has personal obligations at this time. Mr. Knight stated he would be able to attend night meetings. Mr. Trevino will coordinate the time and date. 3'1 Page eleven City Council Minutes February 8, 1983 ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 11:10 P.M. -- U-- 4, 7t-~,;':/(- J~HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ~l}ddN//~~~ DEBORAH A. HARRINGTON, CITY ERK ,- - 38 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 Councilmember Torn. ROLL CALL .... The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRA~, TORN VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, Senior~Administrative Assistant Steel and Finance Director Ronnow. PRESENTATIONS/PROCLAMATIONS Mayor Unsworth read a proclamation announcing March 6 through 12, 1983, as Girl Scout Week in the City of Lake Elsinore. Mayor Unsworth announced that the Lake Elsinore Valley Volunteers presented the City with an Organization Volunteer Service Award to the Lake Elsinore City Hall in recognition of service to humanity and to our community. Mr. Trevino introduced James Michael Norton as the new City Planner. Mr. Norton will be responsible for the day-to-day operations of the Planning Department. Mr. Rubel introduced John Riley as the new Associate Engineer. -- CONSENT CALENDAR The following items were removed from the Consent Calendar: 3, 4 and 8. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1 . r~i nutes: A. Special Meeting - January 20, 1983 - Approved as presented. B. Regular Meeting - February 8, 1983 - Approved as presented. 2. Contract - Office of the Aging/Senior Nutrition Center: Approved contract and authorized the Mayor to sign on behalf of the City. 3. Request - Elsinore Valley Tri-Company Volunteer Fire Fighter Waiver of Fees: This item was removed from the Consent Calendar. 4. Offer of house to City at corner of Main and Heald Streets: This item was removed from the Consent Calendar. 5. Letter of Support for the Community Development Corporation: Approved letter of support for C.D.C. in their activities for a CETA Grant. 6. Authorization of installation of two street lights: Council directed the City Manager to authorize the Southern California Edison Company to install a 200 watt luminaire on an existing wood power pole at the following intersections: 1) Davis Street and Chaney Street, southerly corner and 2) Collier Avenue and Chaney Street, westerly corner. 7. Authorization of City Personnel to select and take delivery of surplus property: Council adopted Resolution No. 83-13. The resolution authorizes Robert Trevino, Interim City Manager, to acquire Federal Surplus Property from the California .State Agency for Surplus Property. The resolution also provides that the City Manager can authorize specific persons to represent him and acquire surplus property. Those persons are: _Norman Rubel, Ray Nelson, Wally Borchard and Marshall Ortiz. ' -- a~ Page Two City Council Minutes February 22, 1983 CONSENT CALENDAR - Contin~ed. 8. Weed Abatement Report and Resolution: This item was removed from the Consent Calendar. 9. Set for Public Hearing - March 8, 1983 - 1983/84 Community Development Block Grant: Approved. __ 10. Set for Public Hearing - March 22, 1983 - Conditional Use Permit #83-3: Approved. 11. Chamber of C9mmerce Request for Waiver of Fees for Carnival: Approved waiver of fees for a one-day carnival and the use of the Community Center property for the carnival. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Request: Elsinore Valley Tri-Company Volunteer Fire Fighter Waiver of Fees John Fry asked the Council what was the nature of the request for waiver of fees. Mr. Trevino reported the request is from the Tri-Company Volunteer Fire Fighters for use of the Community Center for a Firemen's Ball to be held on May 7, 1983. The proceeds are to be di~ided equally among Stations 10, 11 and 61 to purchase and maintain emergency and life saving and rescue equipment. The organization is a non-profit group. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR WAIVER OF FEES FOR THE TRI-COMPANY VOLUNTEER FIRE FIGHTERS FOR USE OF THE COMMUNITY CENTER. ~ 4. Offer of house to City at corner of Main and Heald Streets Mr. Torn felt the offer of the house to the city is contingent on the City's waiver of a five (5) foot dedication on Heald Avenue. Mr. Trevino stated the item has already been handled. It was handled at the Planning Commission level. Mr. Trevino explained the offer is not contingent upon the waiver. Staff has.worked out a solution for the waiver, however, -the item does need to come before the Council. Mr. Trevino stated that 5 Wheel Investment has agreed to a three (3) foot dedication and that will place their building within the bounds of the code. Mr. Torn stated emphatically that the Developer is not to assume that acceptance of the house on the part of the city would have any bearing on their upcoming item. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ACCEPT THE HOUSE WITH THE UNDERSTANDING THAT ACCEPTANCE WILL HAVE NO BEARING ON THE DEVELOPER'S UPCOMING ITEM. 8. Weed Abatement Report and Resolution Ms. Valenzuela felt that the public hearing date of March 22nd, 1983, would be too late in order to start the weed abatement process. Ms. Valenzuela stated she was told the March 22nd date was due to legal advertising requirements. Ms Valenzuela felt the city should act as soon as possible in abating the weeds. Discussion ensued regarding year-round weed abatement, and providing the property owners with an estimate of the cost of the city abating the weeds. __ RESOLUTION NO. 83-14 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT, AS DEFINED IN SECTION 39560 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 NO. 532, AND PROVIDING FOR POSTING OF NOTICE OF PROPERTY OWNERS AND PROVIDING FOR A HEARING DN OBJECTIONS, TOGETHER WITH THE FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-14; AUTHORIZE SOLICITING BIDS FOR A CONTRACTOR TO PERFORM THE DISCING FOR WEED ABATEMENT; AUTHORIZE THE CITY MANAGER TO MAKE OTHER ARRANGEMENTS AS HE DETERMINES APPROPRIATE TO ACCOMPLISH ALL ABATEMENT INCLUDING CONTRACTING AND/OR UTILIZING CITY PERSONNEL AND PROVIDE AN ESTIMATE OF COST AND MAKE IT CLEAR IT IS ONLY AN ESTIMATE. . 40 Pag~ three '. City Counci 1 Minutes. . Febru'ary 22, 1983 PUBLIC HEARINGS 31. Zone Change 82-13: Southern Pacific Land, rezoning .67 acres from R-l to C-l, between 1-15 and Casino Drive (Froritier Road). Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Southern Pacific Land for a rezone of .67 acres from R-l to C-l between 1-15 and Casino Drive. Mr. Trevino reported the applicants received approval of Zone Change 82-2, approximately '13 acres situated between 1-15 and Frontier Road. At that time, ~ the applicants asked the .67 acre parcel be included, however 'were notified that such action would require a new public hearing. The Planning Commission recommends approval subject to conditions. Ms. Harrington reported no correspondence had been received regarding the Zone Change. Mayor Unsworth opened the public hearing at 7:55 p.m. asking those in favor of the zone change to speak. Fred Crowe, Butterfield Sur.veys, representing the applicant, asked for tbe zone change to insure uniformity in the zoning of the area. Mr. Crowe offered to answer any questions of the City Council. 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 8:00 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 82-13, WITH THE SEVEN (7) CONDITIONS AS LISTED (IN THE STAFF REPORT) PLUS, CONDITION #8: APPLICANT TO PAY ALL APPLICABLE PUBLIC SAFETY FEES (AT BUILDING PERMIT STAGE) AND CONDITION #9: APPLICANT TO AGREE TO PARTICIPATION IN THE SIGNALIZATION OF RAILROAD CANYON ROAD AND MISSION TRAIL (AT BUILDING PERMIT STAGE) Conditions of approval as listed by the Planning Commission: .-.--". . ! 1. Appl icant shall submit a legal description for the entire property to be zone changed accepted as accurate by the Engineering Department. 2. Adoption of an ordinance by the City Council enacting the zone change. ...." 3. Finding of conformance to the General Plan. 4. Finding of no significant impact. 5. Issuance of Negative Declaration. 6. Proposed zone change will not inhibit the locality from providing required or necessary housing within the community. 7. Dedicate water rights to City of Lake Elsinore. 32. Amendment to Tract 14706: James Thompson, 5.52 Acres East of Machado, South of Dolly, North of Leach Canyon Flood Control Channel. Mr. Torn stated he had first submitted this tra~t as a property owner and is no longer associated with the property or the applicant, but would like to excuse himself from the matter as a Councilmember. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of James Thompson for a 5.52 acre recorded Tract east of Machado Street, south of Dolly Drive, north of Leach Canyon Flood Control Channel. Mr. Trevino reported the applicant originally submitted a lot line adjustment to revise recorded Tract 14706. The intention of the lot line adjustment was to: 1) eliminate Lake Crest Drive as a dead-end street and knuckle it into Dolly Drive, providing internal circulation between Tract 14706 and Tract 18048; 2) Revising the lot lines on Lots 16 through 19 to account for the knuckle radius and to enlarge the lots to include the area formerly used as dead-end; and 3) Re- vising sewer and drainage easement. - 41 Page Four City Council Minutes Feoruary 22, 1983 PUBLIC HEARINGS - Continued. 32. Amendment to Tract 14706 - Continued. ,- Mr. Trevino stated on February 14, 1983, staff received a copy of a letter sent to the applicant from the Elsinore Union High School District. The letter accompanied an agreement between the applicant and the School District for the applicant's signature. It is the standard agreement applied to new subdivision and extension requests. In Section 66472.1, the Subdivision Map Act states that lithe legislative body shall confirm the hearing to consideration of and action on the proposed modification". This may preclude attaching any new conditions to the amendment, thereby making any agreement between the School District and the applicant permissive rather than mandatory. Mr. Trevino stated staff concurs with the proposed amendment for the following reasons: The amendment will result in better land planning since less area will be utilized by streets; better circulation since a dead-end street will be eliminated and traffic will be contained internally between Tracts 14706 and 18048 and a more aesthetically appealing subdivision due to improvement to lot configurations and attractive street re-working. The City Clerk stated no correspondence has been received regarding the amendment to Tract 14706. ,--. Mayor Unsworth opened the public hearing at 8:05 p.m. asking those in favor of the amendment to Tract Map 14706 to speak. Fred Crowe of Butterfield Surveys, representing the applicant, feels that the map will create a much more attractive street, especially in the knuckle area where the street used to go down to a dead-end at the channel. He is hopeful the Council will concur with the Planning Commission. Mayor Unsworth asked if anyone would like to speak in opposition to the amendment to Tract 14706. No one asked to speak. Mayor Unsworth closed the public hearing at 8:07 p.m. Mr. Unsworth asked a question regarding the revision of the sewer easement and asked Mr. Crowe to explain its location. Mr. Crowe stated a sewer easement was originally proposed at Dolly Drive up to the adjacent subdivision. The sewer easement was originally the full width of the street, 25 feet. It is proposed to reduce the easement to 15 feet. Mr. Crowe feels the width would be adequate to hold the sewer line without interfering with the lots. -' Mr. Knight asked if the name of Lake Crest Drive was changed to Mari Drive. Mr. Crowe stated that the seller of the property felt that if all the streets in the subdivision had women's names, it might be helpful in assisting people in locating the area. It was also felt that because Lake Crest did not go all the way through, it might cause some confusion if emergency vehicles were called to the area. - MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE M~ENDMENT TO TRACT 14706 WITH THE FOLLOWING CHANGES: 1. ELIMINATE LAKE CREST DRIVE AS A DEAD-END STREET AND KNUCKLE IT INTO DOLLY DRIVE, PROVIDING INTERNAL CIRCULATION BETWEEN TRACT 14706 AND TRACT 18048. 2. REVISE THE LOT LINES ON LOTS 16 THROUGH 19 TO ACCOUNT FOR THE KNUCKLE RADIUS AND TO ENLARGE THE LOTS TO INCLUDE THE AREA FORMERLY USED AS DEAD-END. 3. REVISE SEWER AND DRAINAGE EASEMENT. Counci1member Torn abstained from voting. 4~ Page. five " City Council Minutes 'February 22, 1983 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit 83-1: Harvey&Co., request to use three (3) Off-site Advertising Signs not allowed for in the City's Sign Ordinance. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the applicant of Harvey & Company to use three office site advertising signs not allowed for in the City's Siqn Ordinance. Mr. Trevino reported Harvey and Company placed several sign structures around the City to advertise a new housing tract being built in the County. The ___ applicant did not secure permits for the signs, warnings were issued and the Code Enforcement Officer directed the applicant to comply. Since the applicant was adamant in securing a decision on the use of the three disallowed sions, staff felt that a Conditional Use Permit was the most appropriate instrument with which to process the request. The Planning Commission recommends approval of Conditional Use Permit 83-1 until June 1, 1983, subject to the applicant placing a bond with the City to secure removal of the signs. The City Clerk reported that no correipondence has been received regarding Conditional Use Permit 83-1. Mayor Unsworth opened the public hearing at 8:11 p.m. asking those in favor of the Conditional Use Permit 83-1 to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Use Permit 83-1. No one asked to speak. Mayor Unsworth closed the public hearing at 8:13 p.m. Mr. Torn asked Mr. Trevino if it is the intent of staff to treat other off-site signs in this same manner, under a Conditional Use Permit. if they do ftot meet the City's sign ordinance. If we approve this request, is staff going to police the other signs which have not met the City's Sign Ordinance.. Mr. Trevino stated this would be the staff's intent. . -- MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-1, UNTIL JUNE 1, 1983, SUBJECT TO THE APPLICANT PLACING A BOND WITH THE CITY TO SECURE REMOVAL OF THE SIGNS. 34. Conditional Use Permit 83-2: Michigan Armament Marketing, Inc.> - proposal to manufacture and test-fire small arms. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Michigan Armament Marketing, Inc. to manufacture and test- fi re sma 11 arms. Mr. Trevino reported the Planning Commission discussed the joint inspection of the facilities by representatives of the County Fire Department, County Sheriff's De- partment and Planning Staff. The operation is separated into three divisions. 1) Machine Shop where rough parts are constructed; 2) Area where guns receive finish machining and assembly, this area is also a test-firing area within the room; and 3) Store Room where finsihed guns and interchangeable parts are stored. Mr. Trevino reported staff has no objections at all to the application. The operation appears to be clean and safe with no storage of hazardous materials or explosives. There are, in fact, no more than five hundred (500) .45 calibur ammo rounds on the premises at anyone time. The operation, employing directly ... six (6) people, has absolutely no effect outside the plant. The Planning Commission recommended approval subject to conditions. The City Clerk stated no correspondence had been received regarding the proposed Conditional Use Permit. Mayor Unsworth opened the public hearing at 8:15 p.m. asking those in favor of the project to speak. Jeff Pierce, Michigan Armament Marketing, Inc., stated the operation completely conforms with Federal, State and County laws. They have taken the recommendations of the Planning Commission and acted on all of them. . /1 ." -:r . ,; P.age Six City Council Minutes February 22, 1983 PUBLIC HEARINGS - Continued. 34. Conditional Use Permit 83-2 - Continued. Mr. Pierce stated the alarm system has been installed and is functioning. The actual machine shop has been operating for approximately 50 years in Lake Elsinore. Mr. Pierce offered to answer any questions of the Council. - Mayor Unsworth asked if anyone would like to speak in opposition to the proposed Conditional Use Permit. No one asked to speak. Mayor Unsworth closed the public hearing at 8:20 p.m. Mr. Torn asked Mr. Pierce how many people were employed by Michigan Armament Co. Mr. Pierce stated there were 10 employees, conceivably up to 20. Mr. Unsworth recommended that the Fire Department not be restricted to one (1) yearly inspection of the facility as recommended by the Planning Commission. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-2, WITH THE SEVEN (7) CONDITIONS AS LISTED BY THE PLANNING COMMISSION, DELETING THE WORDING IIA YEARL YII FRor~ CONDITION #l-d. The following are conditions of approval: 1. Meet the following requirements of the County Fire Department: a. All live ammunition will be kept in a pre-determined area. b. App1 icant will post a IINo Smokingll sign in the gun assembly room. c. App1 icant will post a IlLive Ammunitionll sign on the outside door of the assembly/test-fire building. d. Application shall be subject to inspection by the Fire Department. .~ 2. Meet requirements of the County Sheriff1s Department. 3. Applicant shall consolidate all armament operations (except test firing room) into one (1) bui1din.g....'<<ithin one (1) year of Council. approval. . ! 4. Conditional Use Permit 83-2 shall be subject to a one (1) year approval and permanent status thereafter. 5. A finding of conformance to the General Plan. 6. Issuance of a Categorical Exemption. 7. Test firing range for Company manufactured weapons. BUSINESS ITEMS 51. Review of Conditional Use Permit 82-3: 32401 Stoneman Street, Beachcombers R.V. Park Mr. Trevino reported on July 13, 1982, the City Council approved Conditional Use Permit 82-3, subject to nineteen (19) conditions. This park came into the City under a previous annexation as a trailer park. The park existed as a non-conforming use because of substantial health and safety deficiencies. Subsequently, the owner lost her State license in early 1981. The present owners purchased the site in June of 1982. - Mr. Trevino explained that a new forty-two (42) space R.V. Park with complete hook-ups would require the applicant pay fees totaling $28,064.85. Mr. Trevino stated this is not entirely new and falls more into the area of rehabilitation rather than new construction. Staff feels that an adjustment in fees can be made because items which are normally checked on new construction will not be checked. Staff has met with the applicants and tentatively negotiated a fee of $16,500 subject to Council approval. Mr. Trevino stated he has reviewed the ordinance and found the ordinance indicates every person, firm, or corporation constructing any new commercia1/ industrial building, dwelling unit or trailer space in the City, should pay the sums specified. Mr. Trevino stated the property has been through the flood and a precedent has been established - that Council has assisted flood victims in the past. This is why staff has tentatively negotiated the price. 44 P.age Seven City Council Minutes February 22, 1983 BUSINESS ITEMS - Continued~ 51. Review of Conditional Use Permit 82-3 - Continued. Mr. Knight asked if the present .owner had owned the property prior to the flood. Mr. Trevino stated the present owner purchased the property after the flood. Mr. Knight asked which items listed in the staff report, pertaining to fees, do not have to be checked by the Building Department. Mr. Trevino stated that nothing needs to be checked. Staff has made a special inspection and found that most of the items required have already been complied wi... Mr. Torn felt that if staff does not have to check anything, then it may be proper to waive a portion of the building fees. Mr. Torn felt the Capital Improvement Fund does not have anything to do with plan checking and inspection. It is meant to provide an impact fee for new development in the community. Mr. Torn stated the reason this use was originally approved by the City Council was because it was not an existing park and was completely divorced from the previous park. Council wanted to start from scratch with no pre-conceived conditions. Mr. Trevino stated that today he interpreted this ordinance for an applicant who was involved in a shopping center project. Staff had computed full fees for the entire shopping center. After reviewing the matter, Mr. Trevino determined that only a portion of the fees applied because the applicant was only making alterations on a portion of the center. Mr. Trevino stated that staff has handled this type of item administratively, however, suggested that there was a need to establish more consistency in interpreting this ordinance. Ms. Valenzuela asked if there are some things the City would not have to do. She asked if the storm drain had already been installed. Mr. Torn commented that the applicant is responsible to do all the on-site work, therefore, fees are not collected. Fees are collected to provide a Capital Improvement Fund for the City to use in other parts of the community, because the park will impact on other parts of the community. Moved by MacMurray, second~d by Valenzuela to accept the $16,500 and allow the applicants to begin their business. (Motion failed). ...., AYES: MAC MURRAY, VALENZUELA NOES: TORN, KNIGHT, UNSWORTH ABSENT: NONE MOTION FAILED. Request for reduction of fees was denied. 52. Weymouth Request: Oral Report by Staff Mr. Rubel reported that Commercial Project 82-7 was approved subject to the applicant complying with County Fire Protection requirements. Mr. Weymouth sub- mitted a letter objecting to the restrictive fire protection requirements. The Fire Department requires a hydrant no further than 250 feet from a structure. A hydrant exists at Wise and Ames Avenue which can produce 950 gallons of water per minute flow. The hydrant is approximately 305 feet from the farthes~ part of the proposed building. The hydrant will cost $4,150 as quoted by E1s1nore Water District. Mr. Weymouth was advised by the City that if the building could be sited closer to the street, so the farthest exterior wall is only 250 feet from the existing hydrant, the requirement could be waived. Mr. Weymouth is considering relocating his bui19ing. Mr. Torn asked if there would be any liability on the part of the City if the requirement for the hydrant is waived. Mr. Porter stated that fire protection is one of the last areas of immunity left to municipalities. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO WAIVE THE FIRE HYDRANT REQUIREMENTS FOR COMMERCIAL PROJECT 82-7. ... 4:J Page Eight City Council Minutes Fe'bruary 22, 1983- 53. Tentative Tract Map )5020: L.D. Lansing and Associates - Request of Extension of time. - Mr. Trevino reported the Planning Commission recommends approval of the request for extension of time for Tentative Tract Map 15020 for a one (1) year period until February 26, 1984. The City Engineer has indicated that the applicant has not yet complied with any conditions of approval. The map was subject to fourteen (14) conditions. An extension was granted by the Council on February 23, 1983, for one year. Mr. Torn asked if the five (5) conditions of approval at the last extension in- cluded dedication of the water rights. Mr. Trevino stated he did not know, however, recommended that Council make it a condition if it was not already included. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR EXTENSION OF TIME OF TRACT MAP 15020, AND IF NOT ALREADY INCLUDED AS A CONDITION OF APPROVAL, ADD THE FOLLOWING: 1) DEDICATION OF WATER RIGHTS TO THE CITY OF LAKE ELSINORE: 2) FORMATION OF A LIGHTING AND LANDSCAPING DISTRICT: 3) FORMATION OF A STREET MAINTENANCE DISTRICT, AND 4) PARTICIPATION IN THE FUTURE SIGNALIZATION OF FOUR-CORNERS INTERSECTION. r-- 54. E.V.M.W.D. - Request for Waiver of Fees for Wastewater Treatment Plant Mr. Trevino reported a letter had been received from the Elsinore Valley Municipal Water District for waiver of fees and permit charges regarding the proposed wastewater treatment plant. The plant is to be located in the City of Lake Elsinore, but will also serve other jurisdictions outside the City's boundaries. Mr. Trevino stated staff has not had an opportunity to review the entire fees and charges associated with this plant, however, it appears the fees could amount to $25,000 to $40,000. The City does not have esoteric personnel on staff to check some of the complexities associated with the plant construction, therefore, the City would probably have to send the plans out to an engineering firm speci- fically equipped to do this plan check. Staff recommends that Council direct the Elsinore Valley Municipal Water District to pay those charges associated with the special plan check and, that the balance of fees owed the City be. taken off the anticipated charges that Elsinore Valley Municipal Water Distric~wtll show on the City's proportionate share. Mr: Trevino clarified these fees pertain to the Regional Treatment Plant. Mr. Torn asked if the plans will be presented to the Design Review Board. Mr. Trevino stated they probably will, but felt the Design Review Board does not have the capabilities to review such a plan. Mr. Torn stated he was concerned about the aesthetics of the plant and wants to insure that it is properly burmed and landscaped. Grant Olwaller, resident from Canyon Lake, pointed out the location of the proposed Sewer Treatment Plant on a map. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DIRECT ELSINORE VALLEY MUNICIPAL WATER DISTRICT TO PAY THOSE CHARGES THAT WILL BE ASSOCIATED WITH THE SPECIAL PLAN CHECK AND, THAT THE BALANCE OF FEES OWED THE CITY BE TAKEN OFF THE ANTICIPATED CHARGES THAT ELSINORE VALLEY MUNICIPAL WATER DISTRICT WILL SHOW ON THE CITY'S PROPORTIONATE SHARE OF THE REGIONAL TREATMENT PLANT. Council recessed at 8:51 p.m. Council reconvened at 8:59 p.m. 55. Swick Park Improvements - Change Order No. 2 Mr. Rubel reported the present contract includes fencing and backstops for both the Little League Field and Senior League Field but lighting improvements only for the Little League Field. The existing lighting system for the Senior League Field is deficient. Staff recommends Council authorize expenditure of up to $6,000 for Change Order No.2 to improve the lighting for the Senior League Field. It is proposed to: 1) move the six wood poles outside the perimeter fence; 2) provide: new underground power service to the relocated wood poles; and 3) hang additional lighting fixtures on the relocated wood poles. The additional lighting fixtures are those salvaged from the Little League Field. 46 .~age Nine City Council Minutes February 22, 1983 55. Swick Park Improvements - Change Order No. 2 Mr. Torn felt that lighting of the park was a high priority when the Swick Park plans were being revised. Council however did take into consideration that funds were limited on the project. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AUTHORIZE UP TO $6,000 FOR CHANGE ORDER NO.2- TO IMPROVE THE LIGHTING FOR THE SENIOR LEAGUE FIELD. Mr: ~night.felt t~a~ Ch~nge Order No.1 and 2 should have been recognized in the orlglnal bld speclflcatlons. Mr. Unsworth felt the Engineer did not know what the Litt~e.and.Senior Leagues needed because they were not asked when the plans ... and speclflcatlons were drawn up. Mr. Unsworth felt that if there was a committee for~ed to discuss what the needed requirements were, then the original specifi- catlons would not need to be changed. Ms. Valenzuela stated she was against change orders and the staff should make it a point to have laypeople involved in the planning of jOb specifications. 56. Federal Aid Urban Grant Program for Street Improvements Mr. Rubel stated the City of Lake Elsinore has been asked by the Riverside County Transportation Commission to submit a program for expenditure of Federal Aid Urban Grant Program Funds totaling $158,000. Staff proposed to submit a plan to expend $54,000 F.A.U. funds plus 14% City match to chip-seal and repair Railroad Canyon Road and a portion of Lakeshore Drive. The additional $104,000, plus City match, is proposed to be programmed for Lakeshore Drive and Main Street. The Transportation Commission proposes that the $104,000 be programmed for Fiscal Year 1986/87. 'Staff is aware that they cannot wait until 1986/87 to make the necessary repairs on Lakeshore and Main Street, we are including this in the City proposal to the Transportation Commission as an interim program. Next year, the City can again revise its program because it is hoped by then the City will know more specifically what our street improve- ment program will be. , Mr. Rubel reported that in March, 1982, Joe Kicak sent the County J~Ansportation Commis?ion a plan for spending the FAU Grant funds. This plan propo$es utilizing ~ $50,000 for resurfaci ng -'tf,.Rail road Canyon Road and $116,000 for reconstruction of Mission Trail between Malaga Road and Stater Brothers Shopping Center. Mr. Rubel stated the City must propose a specific type of improvement, submit plans and specifications and have them approved by the state before they will release the funds. Specific streets have been approved for expenditure of Federal Aid Urban Grant Funds. Ms. Valenzuela stated she has received a number of phone calls from local businesses regarding the condition of Railroad Canyon Road and feels it is a must that the road be repaired. Mr. Rubel answered a question raised by Councilmember Knight in regards to the reconstruction of Mission Trail between Malaga Road and the Stater Brothers Shopping Center, stating he is submitting a program to hold the funds, but the actual program can be changed at a later time. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SUBMISSION OF THE REVISED F.A.U. EXPENDITURE PROGRAM TO THE COUNTY TRANSPORTATION COMMISSION AS SO LISTED BY STAFF. Mr. Rubel will be coming back at the next City Council meeting with a time table for the improvements on Railroad Canyon Road. Mr. Unsworth stated the trees need to be cut along Railroad Canyon Road and this ... should be a priority item. 57. Ordinance No. 667 - Second Reading (Roof Pitch) MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED TO READ ORDINANCE NO. 667 BY TITLE ONLY. The City Clerk read the title of Ordinance No. 667. ORDINANCE NO. 667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE 621 AND LAKE ELSINORE MUNICIPAL CODE SECTION 17.14.030 C CONCERNING MINIMUM ROOF PITCH REQUIREMENTS FOR ALL SINGLE FAMILY DWELLINGS CONSTRUCTED WITHIN THE CITY. ~. Page ten City Council Minutes February 22, 1983 57. Ordinance No. 667 - Continued. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED TO APPROVE THE SECOND READING OF ORDINANCE NO. 667. AYES: NOES: ABSENT: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH TORN NONE -- PUBLIC COMMENTS Everett Wood, 29421 Third Street, Director on Recreation and Park Board, stated the Board had a meeting last week and Councilmember Knight was present. There were a number of questions asked of Mr. Knight and Mr. Knight asked the board to put the questions in writing for the next meeting. Mr. Wood stated the questions were hand- delivered last Friday and apparently Mr. Knight did not receive them or was reluctant to ask any questions and stated he would like to ask the questions at this time. Mr. Wood requested the City send back a written letter in response to the questions, so that it will be available for their meeting next week. Mr. Wood stated he has requested the use of the Community Center for Friday evenings, Saturday and Sundays from 9 to 7 p.m. Mr. Wood stated he was informed by Penny Williams after the last council meeting that his application would have to go before a sub-committee. Mr. Wood asked who was responsible for the scheduling of the Community Center. Mr. Trevino stated that he has indicated to Penny Williams that a sub-committee has to meet before we schedule any events in the Center. The sub-committee has not met and therefore your request has not been taken into consideration. Mr. Trevino stated those items that do not require Council action are being handled on an ad hoc basis by the City Manager and Penny Williams. Mr. Trevino stated the sub-committee will consist of Councilmembers Torn and Valenzuela, the City Manager and will be contacting the YMCA. This group will meet and determine in what manner we will work out the scheduling of the center. Ms. Valenzuela felt the City should act on the request for permission to run a Spring Program for the Recreation and Park District. By not acting, it is detrimental to the youth in this town. r-- Council concurred to direct the City Manager to review the Spring Program as submittea by the Recreation and Park District and act accordingly. Ms. Valenzuela suggested to Mr. Wood to have the head of the Spring Program, Mr. Mike Herrick, meet with the City Manager regarding the scheduling of the Community Center for the Recreation and Park District Spring Program. Donna Bush, part-owner of the Carriage Auto Body Shop, thanked the Council for their concern about Railroad Canyon Road. Ms. Bush suggested that if the speed limit were enforced, the City could receive additional funds to repair the street. Grant Olwaller, Canyon Lake, thanked the Council for their action tonight regarding Railroad Canyon Road being repaired and asked that the trees along side the road be cut. Jack Fry stated he sent the City a letter advising of Recreation and Park District public hearings regarding the park proposal, and understands, under General Plan section 3.6 A-l, that they can depend on the city's support and cooperation in developing the park and would like to invite everyone to attend the meetings of March 2, and 16, and would appreciate any input or dialog from the City. r-- Council adjourned the meeting at 9:34 p.m. Council reconvened the meeting at 10:48 p.m. REPORTS AND RECOMMENDATIONS Mr. Torn reported there are vacant lots being used as used car sales lots. Mr. Torn stated, based on Item 56 of tonight's agenda, a street priority list is needed and would like something back to the Council within 30 to 45 days. Mr. Torn felt there is a need for some type of follow-up from the Manager based on Reports and Recommendations at the Council table. This would be followed-up so the Council will know what type of action has been taken on specific comments made. Council concurred. ':1M Page Eleven "City Council Minutes February 22, 1983 REPORTS AND RECOMMENDATIONS - Continued. Ms. Valenzuela stated she has been contacted by a property owner regarding the status of Macey Street, whether or not it is a dedicated street. Ms. Valenzuela also asked w~en was the area dropped from refus'e pick-up? Ms. Valenzuela commented the former C1ty Manag~r was suPP?sed ~o make a boat noise study which may not have been done and quest10ned what 1S be1ng done about this problem. Mr. MacMurray stated he has received a number of phone calls regarding boat noise and also expressed his opinion on the condition of Railroad Canyon Road. M~. Knight state~ some time ago it was decided that when parcel maps were d1scussed, Counc11 would be provided with all pertinent information including exact loca~ion of the pr?ject and streets involved. He believes that some of the maps , .s~bm1tted to Counc11 related to parcel maps and zone changes, have street names which d1ffer from the original. Mr. Knight would like staff to make the appropriate changes on the current street maps. Mr. Knight asked for clarification on the funds given to the Chamber of Commerce and the method of payment. He stated the Jubilee Committee is having problems getting bills paid. Discussion ensued regarding the amount of funds which are allocated to the Chamber for promotion of the Centennial celebration. Mr. Unsworth stated he remembers signing the checks"for the Centennial Committee and recommended Mr. Ronnow, Finance Director, look into the matter. .... Mr. Unsworth stated he has received complaints from the Chamber of Commerce regarding new street names. The Chamber would like some type of notification from the City when new streets are approved. Mr. Trevino stated he has spoken to Fred Crowe regarding the possibility of drafting a new map for the City and will be getting cost estimates. This is a long process and may not do much good for this year, but we will have a new map. The City can provide as much information to the Chamber as possible based on what information we have. ' Ms. Valenzuela noted that there is a Solid Waste Hearing on March 9th and after speakin. to Mr. Stewart, it was learned that he was not informed of the meeting. Mr. Stewart was appointed by the City to represent Lake Elsinore on the Solid Waste Board. Mr. Unsworth stated he sent a letter to the Board, indicating the City of Lake Elsinor~ wanted the proposed disposar-sfte located at Alberhill.This letter was to be read at their last meeting and become a part of the record of that meeting. The letter was not read. The City Clerk was directed to send another letter re-affirming the appointment of Mr. Stewart to the Solid Waste Board. Discussion ensued regarding the possible locations of a future dump site in the Lake Elsinore area and the life expectancy of the existing dump site location. Council adjourned to Closed Session at 11:20 p~m. to discuss litigation regarding the land around the outflow channel. Council reconvened at 11:45 p.m. with the following actions being taken: MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY THAT COUNCIL AGREE TO DELETE FOUR (4) PROPERTIES FROM CONSIDERATION BETWEEN LANGSTAFF AND CHANEY DUE TO THE HIGH COST AND LIMITED FUNDS. Mr. Porter reported on the Williams property at the McDonalds site. Council previously authorized staff to proceed with the sale procedure. Staff has cleared all the road blocks and have determined that Mr. Williams also owns the present well site and may be willing to trade it. Mr. Williams does not have complete title to the well site, but Mr. Porter believes he can obtain it. Staff would like Council approval to enter negotiations to trade the City property at McDonalds site for the well site. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ALLOW STAFF TO ENTER INTO NEGOTIATIONS TO TRADE THE CITY PROPERTY LOCATED AT THE MC DONALDS SITE FOR MR. WILLIAMS' WELL SITE. -- Mr. Torn stated that the start of the last Council meeting was delayed for thirty (30) minutes, waiting for the Cable TV people to get their camera working. Tonight they did not have the courtesy to finish our meeting. Mr. Torn would like the City Manager to send a strong letter to the Cable TV Company asking that they cover our entire meetings. - rL:; r-- ~ '-;:) Q o - 4~ Page 12 City Council Minutes February 22, 1983 REPORTS AND RECOMMENDATIONS - Continued Mr. Unsworth stated that earlier in tonight's meeting, he informed the cameraperson there were four additional agency meetings that were scheduled. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 11 :47 P.M. ~~ ~ 1L~-,~ J HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: /J~MA" ~b;1/~~, DEBORAH A. HARRINGTON, CITY LERK :lU MINUTES CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MARCH 3, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Special Meeting of the City Council was called to order by Mayor Unsworth at 7:09 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: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE Also present were: Interim City Manager/Community Development Director Trevino, City Engineer/Public Works Director Rubel, Finance Director Ronnow and City Clerk Harrington. REVIEW PLAN FOR EMERGENCY PREPAREDNESS Mr. Trevino stated the reason the meeting was called was because there was discussion between several of the Councilmembers and himself and it was felt we should begin reviewing the division of labor and the roles that each staff member administratively should play, what we should and should not do during the emergency in general. Mr. Trevino and Councilmember Valenzuela met with the Director of Emergency Preparedness from the County of Riverside this morning. The County of Riverside Emergency Program interfaces with the City's Program. They assist in administration of our plan. Out of the meeting, a resolution was written call ing for a State of Local Emergency. This Resolution must be presented by the County to the State for reimbursement of funds due to destruction of city-owned property, for example; roads, bridges or anything the city owns. If the losses exceed 3% of the gas tax allocation, the City may be able to get reimbursed by the State in terms of money for payroll plus monies expended to repair the roads or property that was damaged. Ms. Valenzuela reported the duties and functions recognized in the Resolution are under the Joint Powers Agreement that was signed in 1974 with the County of Riverside. At the time, we contracted with the County to provide the City with a Disaster Program and the most important part is not to wait until we have a lot of bills and indebtedness. There can not be a State or National Emergency declared until a summary has been given to the County. Mr. Horragan from the County has stated this involves replacing permanently damaged streets and city buildings, except recreational facilities. Many items are covered up to 75% and some 100%. Any area where work is being done is called aD.S.R.land a ,full description of the work performed, by whom and with what equipment, will be listed on the D.S.R. form. Mr. Trevino reported that Mr. Ronnow has developed a special form and account to charge any work or expenses against the account that would be storm or any other emergency related. This will allow the City to have an accurate record of any expenditure related to the emergency. Mr. Trevino explained the emergency will go through the City Manager or Ms. Valenzuela and at that time they react and if necessary involve Public Works and it will go down the line. Mr. Trevino is in close contact with staff, Sacramento, State Park and Recreation, Assemblyman Clute and Kelly. Staff has the equipment to get a reading on the lake daily and a room will be made available for Emergency Preparedness. Mr. Trevino is attempting to get a CETA person to assist the Manager's Office and part-time to Emergency Preparedness. ..... ... Ms. Valenzuela reported she was at the Office of Emergency Services on Wednesday with people from Sacramento and one item they insist upon is that we have a current disaster plan and keep it up-to-date. A new law requires that Emergency Plans be revised once a year or reviewed. The State considers the Valley a two-emergency area, one being related to water and flooding and the other is fire. The City needs to have the plan current in order that the necessary steps can be taken in sequence, or we will lose some of the funding. '-'.V- Page two Special City Council Minutes March 3, 1983 Q() r-- r-- r--:> o o REVIEW PLAN FOR EMERGENCY PREPAREDNESS - Continued Mr. Unsworth stated the Council is not talking about a disaster, we are talking about a local emergency because of the destruction the City has received to it~ roads. Mr. Torn stated this meeting is in preparation for something we hope wlll not be necessary. The City wants to start communicating with the residents early. People in the audience asked the Council when the pumps would be installed to lower the lake level. Mr. Unsworth stated the lake belongs to the State and there was a program set up by the Governor's Task Force after the 1980 Flood. Th~ State is aware of the condition of the lake and the State knows when they wlll bring in the pumps, if they can financially bring them in. Ms. Valenzuela stated information regarding the lake has already gone in to the State Department of Parks and Recreation for the preliminary review for the funding. Ms. Valenzuela reviewed the plan for the pumps. If the lake rises to 12531, there will be no action; at 12561 we will seek pump project funding, but will not install pumps yet and at 12601 will install pumps and plan to lower lake to 12551. Mr. Torn stated during the 1980 floods, the peak flows into the lake were 7600 cubic feet per second and the most that was taken out of the lake was approximately 200 cubic feet per second. Bobby Smith, resident on Grand Avenue, stated she would like the Council to do something to help the people who are getting flood damage. Ms. Smith felt the channel should be cleaned out. Bill McFarland, County Resident, asked if the Council can do something regarding County run-off into the lake. Bill Staples stated he realizes the channels have been cleaned out, there is no ,-- water standing at Four-Corners and efforts have been made to deal with flood waters and asked who the Council would recommend the people contact. Ms. Valenzuela recommended people contact Carol Hallick, new Parks and Recreation Director for the State of California. Mr. Torn stated the City has initiated action by notifying all the local legislators and each has received a package of information which came out of the Governor1s Task Force. Council suggested that people contact their County Supervisor, Assemblyman and Senator regarding any damage or impending damage which has occured as a result of flood water damage. Mr. Torn stated he feels we are approving the resolution declaring a Local Emergency in the City, for preparation purposes and purposes of starting to develop some of the data that will be submitted for future reimbursement. It is the intent of the resolution to proceed with regular City business. If there is other flood related or rain damage related action to be taken, then the Council would be called and those necessary decisions made. RESOLUTION NO. 83-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DECLARING A LOCAL EMERGENCY. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-15. ,- Mr. Baldwin felt the $150,000 per month after the pumps have been installed could be better used, if it is recreation money, into recreational development around the lake. Mr. Unsworth stated the County has a 12531 elevation and the City has a 12701 elevation for permitting residents to live on their property. Ms. Valenzuela stated Flood Control is something the residents must fight for, there are three supervisorial districts of the County which send water to the City of Lake Elsinore. ~~ Page three Special City Council Minutes March 3, 1983 ADJOURNMENT MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 8:20 P.M. Jtl ?l~% J HN G. UNSWORTH, MAYOR C TY OF LAKE ELSINORE ..... ATTEST: , -- .... :l.1 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 8, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 Councilmember MacMurray. ROLL CALL The City Clerk called the roll: iX) PRESENT: COUNCILMEMBERS: KNIGHT, ~1AC MURRAY, TORN, VALENZUELA, UNS~JORTH ~ ABSENT: COUNCILMEMBERS: NONE l"- I~ Also present were: Interim City Manager/Community Development Director Trevino, City ~ Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, ~ Finance Director Ronnow and Senior Administrative Assistant Steel. CONSENT CALENDAR Mr. Torn asked that Item #2, Warrant List, be removed from the Consent Calendar for discussion. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. - 1. Minutes: February 22, 1983 - Regular Meeting - Approved as presented. 2. Warrant List - February, 1983: Removed from the Consent Calendar for further discussion. 3. Founder's Day Jubilee Request for Use of Community Center and Waiver of Fees: Approved request for use of the Community Center on March 26, 1983 and waiver of fees. 4. YMCA Request to Schedule Recreational and Leisure-time Activities at the Community Center: Approved request for the use of the Community Center when the City is not using it and a wqiver of fees. 5. Animal Control Report - February, 1983: Accepted as an informational item. 6. Building Department Report - January, 1983: Accepted as an informational item. ITEM REMOVED FROM THE CONSENT CALENDAR 2. Warrant List - February, 1983: Mr. Torn asked for clarification on warrant numbers 17805 and 17827. Staff reported one item pertains to a garnishment of an employees salary and the other is relative to Machado Park. - MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE WARRANTS AS PRESENTED. PUBLIC HEARINGS 31. Conditional Use Permit 82-13 - Chris Blood request for a trailer to be used as a Caretaker's Residence in Conjunction with a Boarding Stable located on Baker Street Mayor Unsworth announced this was the time and place for a public hearing pursuant to the request of Chris Blood for a Conditional Use Permit for a trailer to be used as a caretaker's residence in conjunction with a boarding stabl e. ~4 Pqge two City Council Minutes March 8, 1983 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 82-13 - Continued. M~. .Trevino repor~ed the Planning Commission recommends approval of the Con- dltlonal Use Permlt 82-13, subject to the following conditions: 1. The applicant shall submit "to the Design Review Board a detailed plot plan of a rea~onably large scale to show placement of one (1) trailer, parking, landscaplng and all use of the subject property. - 2. Application shall be subject to a one (1) year review and a three (3) year stay. 3. Camping shall be prohibited. 4. Applicant shall pay all Capital Improvement Fund fees for the trailer on a prorated basis. 5. Sign an agreement with the City Engineer if and when use becomes permanent to construct street improvements for Baker Street and Pierce Street. 6. A finding of conformance to the General Plan. I 7. Issuance of a Categorical Exemption. Mr. Trevino stated the stables are an allowed use in the present Manufacturing (M-l) Zoning District. The City Clerk stated no correspondence has been received regarding the Conditional Use Permit application. Mayor Unsworth opened the public hearing at 7:42 p.m. asking those in favor of the Conditional Use Permit to speak. David Blood, 345 N. Plantation Place, Anaheim, spoke in favor of the project, stating it would be a benefit to the community. Mayor Unsworth asked if anyone would like to speak in opposition to the proposed Conditional Use Permit. No one asked to speak. Mayor Unsworth closed the public hearing at 7:44 p.m. Mr. Knight asked if there will be any other construction on the property besides the mobile home. Mr. Blood stated there will be pipe corrals and an arena. Discussion was led on the size of the mobile home. It was determined that the mobile home will be 24 x 60 and the travel trailer will be used for storage purposes. Mr. Knight stated he would like to see the trailer have a skirt around it. The Bloods' stated they plan to landscape around the trailer also. -- Mr. Torn felt that the conditional use process is one that we use to control uses, and any applicant should be required to provide whatever normal improvements that a permanent facility would require. Mr. Blood felt that paving, curbs and gutters do not necessarily go along with the type of facility he is proposing. Mr. Blood felt a gravel road would be sufficient for the facility for the horse stables. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE PLANNING COMMISSION RECOMMENDATION AS LISTED WITH THE FOLLOWING ADDITIONAL CONDITIONS: 8) DEDICATION OF WATER RIGHTS TO THE CITY; 9) PAYMENT OF PUBLIC SAFETY FEES; ... AND 10) THE RECORDATION OF A FLOOD HAZARD DEED NOTIFICATION. AYES: NOES: ABSENT: KNIGHT, MAC MURRAY, VALENZUELA TORN, UNSWORTH NONE ~;) Page three City Council Minut~s March 8, 1983 00 r-.. t-- !~ o o Mr. Trevino reported the Planning Commission recommends approval of Conditional Exception Permit 83-1, subject to the following: 1) A finding of conformity I to the General Plan; 2) A finding of no significant impact upon the environment; and 3) Issuance of a Categorical Exemption. The Commission found a deletion of nine (9) parking spaces to be appropriate because of the close proximity of the proposal to an underutilized public parking lot and the quick turn-over of customers with the proposed drive-through window. Mr. Trevino read the conditions of approval by the Planning Commission. Mr. Trevino stated at the corner of Main and Heald there is an off-set center line and has requested the property owner to dedicate three (3) feet which would make Heald off-set. The right-of- way and the width of stree-t would be different on the two sides of Main Street. The City Engineer has reviewed the matter and feels with the three (3) feet of dedication, a flow of traffic could be generated that would make the traffic pattern acceptable to standards. The City Clerk stated correspondence was received from the Lake Elsinore Downtown Business Association approving the new venture. Mayor Unsworth opened the public hearing at 7:58 p.m. asking those in favor of the Conditional Exception Permit to speak. Leonard Davidson, 15187 Kingsway Drive, Lake Elsinore, stated he was in favor of the project, feels it is an excellent add to the tax base, it will add employees and there is a parking lot across the street from the project. Frank DePasquale, owner of-arhalf square block across the street from the proposed project, is glad to see that someone is willing to spend money to build a nice building in the downtown area. Lon Chaney, downtown business man, spoke in favor of the project, stating it will add to and enchance the downtown in light of the proposed revitalization of the downtown area and redevelopment project..The architectual design will blend in wi th the downtown area. Mabel Taylor, resident living across the street from the proposed site spoke in favor of the project. Mayor Unsworth asked if anyone would like to speak in opposition to the proposed Conditional Exception Permit. No one asked to speak Mayor Unsworth closed the public hearing at 8:04 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONDITIONAL EXCEPTION PERMIT 83-1, SUBJECT TO THE THREE PLANNING COMMISSION CONDITIONS PLUS CONDITION #4: PAYMENT OF PUBLIC SAFETY FEES. ~ Discussion ensued regarding the proposed ingress/egress on Main and Heald Streets, the placement of the drive-through speaker and the selection of the old time street lights. The discussion oD the street lights was deferred to the Redevelopment Agency Meeting. 33. State Small Cities Community Development Block Grant Program (83-84) Mayor Unsworth announced this was the time and place for a public hearing to receive public input on the Community Development Block Grant Program'for 1983-84. Mr. Steel ~eported the program provides financial assistance to cities for housing and communlty development. Up to $600,000 is available to each eligible applicant ,and the state expects to fund 50 applications. Staff is preparing an application for. a comprehensive neighborhood revital ization'program. Mr:- Steel reviewed the ratlng criteria for the application. :ltj Pa'!':Je four City Council Minutes March 8, 1983 PUBLIC HEARINGS - Continued. 33. State Small Cities Community Deve)opment Block Grant Program (83-84) The City Clerk stated no correspondence has been received regarding the Community Development Block Grant Program. Mayor Unsworth opened the public hearing at 8:12 p.m. asking those in favor of the program to speak. Lon Chaney, Oowntown Business Association, asked if any of the proceeds are p1anned to benefit the downtown area. Mr. Torn stated that the grant is . skewed towards housing and if the City does not apply for housing there is little . chance the application will receive a high ranking thus no funds being awarded to the City. Mayor Unsworth closed the public hearing at 8:17 p.m. 34. Weed Abatement - Schedule for Spring Abatement and On-going Program Mayor Unsworth announced this was the time and place for a public hearing regarding the Weed Abatement Program. Mr. Rubel reported at the February 22, 1983, City Council meeting the City Council expressed concern about the time of starting the abatemenet program and a year around on-going_ppatement program. Mr. Rubel recommended the City Council direct staff, in the future, to schedule spring weed abatement public hearings for the first meeting in March to provide optimum flexibility for beginning the abatement, and direct staff to conduct an on-going weed, rubbish, refuse and trash abatement program along the guidelines as proposed in the staff report. Mr. Rubel reported in the Resolution adopted by the City Council on February 22, 1983, the resolution declares that weeds on specified parcels of property are seasonal and recurrent. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of the Government Code provided that upon the second and subsequent occurence of such nuisances on the same parcel or parcels within the same calendar, no further hearings need to be held and it shall be sufficient to mail a post card notice. Mr. Rubel recommended this public hearing be continued to March 22, 1983. The City Clerk stated no correspondence has been received regarding the Weed Abatement Program. Mayor Unsworth opened the publ ic hearing at 8: 20 p.m. asking those in :.favor of the Weed Abatement Program to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the Weed Abatement Program. No one asked to speak. Ms. Valenzuela stated she would like to see the program started as soon as possible. It was reported that the hearing would have to be continued due to legal advertising requirements. Ms. Valenzuela stated she would like to see the On-going Abatement Program Public Hearings to be held as soon after the first of every year as possible. Council concurred to direct staff, in the future, to schedule spring weed abatement public hearings for the first meeting in January to provide optimum flexibility for beginning the abatement. MOVED BY TORN, SECONDED BY VALENZUELA TO DIRECT STAFF TO CONDUCT AN ON-GOING WEED, RUBBISH, REFUSE AND TRASH ABATEMENT PROGRAM ALONG THE GUIDELINES AS PROPOSED IN THE CONCLUSION OF THE STAFF REPORT. - - ... 57 Page five City Council Minutes March 8, 1983 PUBLIC HEARINGS - Continued. 35. Water Rates/Resolution Revising Rates Mayor Unsworth announced this was the time and place for a public hearing on revising the Water Rates. Mr. Ronnow reported that Elsinore Valley Municipal Water District, since July 1, 1982, has passed on a 50% increase in wholesale rates to the City. Thi s has not yet been passed on to the users. Legally, the City is bound by one bond covenant and one loan agreement, that stipulate the water fund must charge enough to be self-sufficient.Despite this, the water fund has had to borrow General Fund money to meet its obligations in 8 of the last 10 years. Without the increase, the Water Fund is expected to borrow $94,000 from the General Fund as discussed at mid-year budget review. With the proposed increase, and taking an average monthly estimated revenue for the past six months and increasing April through June by 50% would thus reduce the deficit to $72,400. At over 85Q.cubicf.eet per month usage, City rates would 00 exceed E.V.M.W.D. for residential users, but the fund would still incur ~ an operating loss next year. For this reason, the well operation must be ~ expedited or other alternatives be considered. 1-;) ~ The City Clerk stated no correspondence has been received regarding the ~ Water Rate Revisions. Mayor Unsworth opened the public hearing at 8:32 p.m. asking those in favor of the rate revisions to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the water rate revisions. Eugene Carter asked if the City is receiving a wholesale rate on the water we purchase from E.V.M.W.D.~ Mr. Ronnow stated he believed the City is receiving a wholesale rate. E.V.M.W.D. has said the current rate of 52.4~ per hundred cubic feet is the flow-through and treatment cost only. Mr. Carter stated the Sands and other companies have secured the same rate as the city and asked the Council. to withhold any judgement on the water rates. Lon Chaney, 1400 W. Heald, suggest the Council give the water district over to E.V.M.W.D. because it is a losing proposition. Mr. Chaney felt there will be a lot of people not watering their lawns if the new increases go through. Mr. Chaney asked if the City gives water to the County for their water trucks? Mr. Chaney also felt there is a tremendous amount of wasted water. Mr. Chaney stated there is a hydrant at the corner of Spring and Heald that is running. Mayor Unsworth closed the public hearing at 8:43 p.m. Mr. Torn stated over the years the water rates have gone up and down and the Council has tried to keep the rates as low as possible and feels we need to address the City's responsibility to see that the General Fund does not subsidize the water fund. The City needs to give serious consideration to hooking up the water well the city just drilled into the City system. The Council needs to raise the rate, but show that the Council has lov/ered the rates whenever it was possible. Discussion ensued on the rate structure as proposed in the resolution. Moved by Torn, Seconded by Knight to approve the resolution setting the water fees. - Ayes: Noes: Absent: Torn, Unsworth Knight, MacMurray, Valenzuela None Motion did not pass. Ms. Valenzuela stated she has mixed emotions on the water rates and can see the better uses for the $94,000 and at this time there is a crunch on everyone with the cash flow and economic conditions right now. Ms. Valenzuela stated she knows we must raise the water fees and is having a hard time with raising the rates at this time. Mr. Torn stated he is confident that once the city has its own water supply that we may have the ability to adjust the rates downward. Mr. Torn felt it is not - ___u fair for the -people who do not use city water to subsidize the water fund out of the General Fund. 58 Page Six City Council Minutes March 8, 1983 PUBLIC HEARINGS - Continued. 35. Water Rates/Resolution Revising Rates - Continued. Mr. Knight stated he would like to wait and see what benefits the new well will produce. Mr. Unsworth can not see any action being taken on the new water well until after the new fiscal year. If the Council can live with the existing rates and subsidizing under the General Fund, then that action can be taken and, in the meantime, staff can research the two other water districts to see if they would want to acquire our existing system. Mr. Rubel stated the new well will take care of the majority of the everyday usage of the existing water users. -- Ms. Valenzuela stated she would like to see this hearing continued and new information brought back to Council. Mr. Porter commented on Ordinance 668 which is also being considered at this time. He stated he would like to make a couple of minor changes in the ordinance to bring it more in line. No public hearing is necessary on the ordinance. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 668 BY TITLE ONLY. The City Clerk read the title of Ordinance No. 668. ORDINANCE NO. 668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING A PARAGRAPH TO SECTION 13.09.010 OF THE LAKE ELSINORE MUNICIPAL CODE PROVIDING A PENALTY FOR AN OWNER WHO TAMPERS WITH A CITY OWNED WATER SERVICE AND METER AFTER WATER SERVICE HAS BEEN DISCONTINUED. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 668. -- AYES: NOES: ABSENT: KNIGHT, TORN, VALENZUELA, MAC MURRAY, UNSWORTH NONE NONE With reference to the water rates resolution, Mr. Torn asked if the resolution would require another public hearing in order to be re-introduced. Mr. Porter stated if the public hearing is continued, he would have to research to determine if the resolution establishing the rates would need to be re- advertised at the same time. Mr. Torn suggested if Council intends to consider the resolution at a later date, it might be safer to rescind the rejection of the resolution and continue the item. Mr. Knight felt that the remainder of the items in the resolution, starting with Item D, should be passed tonight. He questioned if staff would have to come back to Council with another resolution to pass the remaining items. Mr. Porter stated staff could revise the proposed resolution to address only Items D through M and reserve consideration of the other items. Mr. Porter stated he - ... would like to review the resolution during a recess. Mr. Porter stated according to Roberts Rules of Order, the presiding side would have to make the motion. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO RECONSIDER THE ACTION PREVIOUSLY TAKEN. COUNCIL RECESSED AT 9:00 P.M. COUNCIL RECONVENED AT 9:18 P.M. 59 Pa'ge seven City Council Minutes March 8, 1983 PUBLIC HEARINGS - Continued. 35. Water Rates/Resolution Revising Rates - Continued. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION WITH THESE CHANGES: CHANGE REPEALING TO AMENDING AND CHANGE RESOLUTION NO. 81-20 TO 81-90 'AND THE THIRD PARAGRAPH CHANGE REPEALED TO AMENDED AND DELETE ITEMS A, B, AND C AND LET THE REST OF THE RESOLUTION STAND AS WRITTEN. RESOLUTION NO. 83-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING RESOLUTION NO. 81-90 AND ESTABLISHING RATES AND CHARGES FOR POTABLE WATER DELIVERY, MAINTENANCE AND REPAIR OF THE THE LAKE ELSINORE POTABLE WATER SYSTEM. ~ l"- l'- r-:::> ~ Q Mr. Unsworth read the titles of each of the sections within the resolution to the public. Mr. Porter stated he feel~ the City Council is free to continue public hearings on Section A, B, and C or the Council can at a future date ask that it be brought back after notice is given and in any event, would suggest that a notice be given when it comes back to be sure all avenues are covered. Discussion was led on the rates and staff was asked to bring back the projections on what the new well will produce and additional information on the Finance Director's report. Council concurred that information regarding the two other water districts would be a separate issue. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THIS ITEM BE READVERTISED AND REAAGENDIZED FOR THE FIRST MEETING IN APRIL. - Mr. Unsworth stated there was a question raised at recess regarding the County using hydrants to obtain their water. Mr. Unsworth stated he was under the impression they were to us-a, the water from the hydrant at the City Yard for the Mineral Water. Mr. Rubel ~tated the County is supposed to be using water from the Yard only. Peat Todd stated the County is using the hydrant at the corner of Heald and Chestnut about twice an hour and the trucks appear to be between 3500 and 4000 gallon trucks. The question was raised on what is the normal amount of water used by the average person. Mr. Rubel stated approximately 100 gallons per day per person. Mr. Ronnow stated the average is just over 1100 cubic feet per month, approximately a 60% increase. BUSINESS ITEMS 51. Review of Conditional Use Permit 82-3: Beachcombers R.V. Park, 32401 Stoneman St. Mr. Trevino recommended approval of Conditional Use Permit 82-3 for six (6) months to meet conditions. Mr. Trevino reported the City Council approved the Conditional Use Permit on July 13, 1982, subject to nineteen (19) conditions. The applicants have made substantial progress toward meeting the conditions. At the time the fees are paid and the conditions met, the applicants can operate. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 82-3. 52. Left Turn Vehicular Traffic Lanes on Machado Street Mr. Rubel reported it is proposed that a left turn lane at Huntsman Mobile Home Park be reconsidered together with a left turn traffic lane also at Monterey Street and Joy Street. Staff feels that vehicular traffic safety will be improved with installation of a left turn lane, It is proposed to install reflective markers on the centerline at the locations where the left turn lanes are installed. The cost of resurfacing, reflective centerline markers and restripping is estimated at $3,000 to $4,000. The funds are available in the maintenance budget._ ____ 60 Page eight City Council Minutes March 8, 1983 BUSINESS ITEMS - Continued. 52. Left Turn Vehicular Traffic Lanes on Machado Street - Continued. Mr. Torn stated he did not consider this a critical piece of work. The City Council just went through the mid-year budget review and as a result had to lay two employees off because of budget constraints and are looking at a cost of $3,000 to $4,000 to basically realign the street with very little of street frontage involved. Mr. Torn felt the money could be better spent on regular road maintenance, such as repair of numerous pot-holes which have occurred because of the recent rains. Mr. Torn would be willing to look at this item when the Council looks at the up-coming budget, but would not be in favor of this expenditure at this time. Councilmembers Valenzuela and Unsworth felt this item should be addressed in the up-coming budget when the city finances warrant this type of an expenditure. I - Mr. Knight stated that staff has reported that resurfacing of the street is needed soon, some of the areas are bad where the blacktop meets drainage areas across Machado Street. Mr. Knight felt the stripping estimate is only a small portion of the total cost including resurfacing. Mr. Rubel estimated the cost of the stripping and reflectors would be approximately $1,000. Stripping alone would be approximately $500.00. Moved by Knight that only the left turn lanes be built into the Huntsman Mobile Home Park and Machado Mobile Home Park on Machado Street. Motion died for lack of a second. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THIS ITEM BE CONSIDERED IN THE UP-COMING FISCAL YEAR BUDGET. 53. Acceptance of Water Well Development Project Mr. Rubel reported during the construction of the well, McCalla Bros. encountered unexpected rock formations and asked for the City to approve a revised specification for the work. A revised specification and Well Development Project was then negotiated with the contract being reduced to $53,978.31. The final contract cost is $55,568.00. The iron concentration and manganese levels in the well are being studied for the best way to deal with them. The concentration of other constituents in the well are within limits allowed by the State Health Department. Staff will study the water quality issue and report back as soon as possible. ..... Council wanted a report at the next meetingron how to treat the water. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO: 1) ACCEPT THE WELL AS CONFORMING TO APPROVED PLANS AND SPECIFICATIONS;~ 2) DIRECT THE CITY CLERK TO RECORD A NOTICE OF COMPLETION; 3) AUTHORIZE A FINAL PAYMENT, LESS 10%, IN THE AMOUNT OF $26,219.58; 4) AUTHORIZE RELEASE OF THE FINAL '0% or $5,556.80, THIRTY FIVE (35) DAYS AFTER THE DATE OF RECORDATION OF THE NOTICE OF COMPLETION IF NO LIENS HAVE BEEN FILED. 54. Single Family Residence - Adam Natalie, 16866 Holborow Mr. Trevino stated that Mr. Natalie was not present at the meeting. Mr. Porter stated that Mr. Natatlie had said he had plans which aporoved the garage door and suggested this item be continued to the next meeting so that Mr. Natalie could be in attendance. MOVED BY MAC MURRAY AND SECONDED BY VALENZUELA TO CONTINUE TO THE NEXT MEETING. - 55. Request for Funds for Water Storage Tank Level Control Mr. Rubel reported controls to regular pump operation and water level in the reservoir and to sound alarm had been provided at the pump and tank site but these existing controls are defective and have never functioned properly. Staff is proposing a reliable automatic control system which would start the pumps at a low level in the reservoir and stop them at high levels and also sound the alarm if there is any malfunction. 61 Page nine City Council Minutes March 8, 1983 BUSINESS ITEMS - Continued. 55. Request for Funds for Water Storage Tank Level Control - Continued. Mr. Torn stated he appreciated the need, but does not understand why this was not urgent during the mid-year budget review. Mr. Rubel stated at the time there was equipment and he was attempting to find out why it was not working and what it would take to fix it. Mr. Ronnow stated at Budget Review there was money in the account for this, but it would require a transfer-of funds. Discussion was led on a condition of the proposal stating they wanted cash on completion and 10% interest and late charges on past due accounts per month. Mr. Porter stated the city can issue a Purchase Order that would not contain those terms. ~ t-- r-.. '-:> ~ o MOVED BY KNIGHT SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE UP TO $2,000 FROM ACCOUNT #80-4700-330 (EXPENDIBLE SUPPLIES, WATER DEPARTMENT) TO ACCOUNT #80-4700-430 (CAPITAL OUTLAY, MACHINERY AND EQUIPMENT, WATER DEPARTMENT) FOR IMPROVEMENT TO CONTRQLS l~HICH COORDINA TE PUMP OPERATION AND WATER LEVEL IN STORAGE TANK. 56. Authorization to purchase Engineers Level MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO TABLE TO FISCAL YEAR BUDGET REVIEW. Mr. Unsworth stated he would like to know what the benefits of the level woul d be. 57. Traffic Signal Installation at Railroad Canyon Road and Mission Trail Mr. Rubel recommended the Council direct the City r~anager to submit a traffic signal assessment resolution at the March 22, 1983, City Council Meeting and direct "the City Managerg!)P.. Finance Director to recommend a source of funding for the amount of project c~st which cannot be obtained by assessments. It is proposed to present plans and specifications to the City Council for approval on March 22, 1983, and request authorization to solicit formal bids. The estimated cost for the first stage of the signal installation is $70,000. The estimated cost of complete signalization of this intersection is $130,000. Some equipment stored at the yard will be used in the project. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DIRECT THE CITY MANAGER TO SUBMIT A TRAFFIC SIGNAL ASSESSMENT RESOLUTION AT THE MARCH 22, 1983, CITY COUNCIL MEETING AND DIRECT THE CITY MANAGER AND FINANCE DIRECTOR TO RECOMMEND A SOURCE OF FUNDING FOR THE AMOUNT OF PROJECT COST WHICH CANNOT BE OBTAINED BY ASSESSMENTS, AND ADDITIONALLY AS WE LOOK AT THE ABOVE TWO ITEMS, WE ALSO LOOK AT THE MAINTENANCE OF THE SIGNAL. OFF -AGENDA ITEM 58. Resolution supporting either of two sites at Alberhill for Landfills. Ms. Valenzuela asked that the resolution be read in its entirety because it is a concern of the public. The City Clerk read the resolution. - RESOLUTION NO. 83-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, SUPPORTING EITHER OF TWO SITES AT'ALBERHILL FOR LANDFILLS. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-17. 62 . Page Ten . City Council Minutes March 8, 1983 PUBLIC COMMENTS Eugene Carter requested the City erect a 25 mile per hour sign in the area of Mission Trail near Stater Brothers and San Jacinto Bridge. He added, he has a report so the City would not have to hire an engineer. Mr. Carter asked if the Elsinore Valley Muni- cipal Water District is contaminating the lake legally. EVMWD is putting a Sewer Treatment Plant in at Stoneman and Scales, in the County territory. He stated the contamination from the Sewer Treatment Plant will flow into the Lake. There is a petition with more than 1,000 signatures which will be presented to the County Board of Supervisors f~r their action. Mr. Unsworth asked Mr. Carter if he would like to receive a letter from the Elsinore Valley Municipal Water District, if they are willing to send it, explaining where they intend dumping the effluent from the proposed sewer treatment plant. Mr. Carter stated he would be interested in such a letter. Mr. Unsworth asked Mr. Trevino to contact EVMWD and request they send Mr. Carter such a letter. Frank Cooper, 17092 Grand Avenue, would like to bring to the attention of the Council some items he has learned regarding the Sewer Treatment Plant. Mr. Cooper stated today when he checked out Stoneman Avenue, there was two inches of water on the street, flowing ten feet wide. This ii reverse ground because there is a river running through there. In this area, there is underground movement of water and there is an underground river deeper. He felt the water would come under the airation treatment plants, the water will be underground and the sewer will just flow right into the lake. He was told by the Water Company that they will not be taking the nitrates out of the water. Nitrates are difficult to take out of the water. They plan to take the effluent four months out of the year and dump it into the lake. Once nitrates are in the lake, it will cause algae to grow. Mr. Cooper thought what we had in the lake once before was antabiena algae and this forms green and brown frothy blooms on the lake. They do not smell when they are alive, but.when they die there is a terrible smell. Once the algae forms you cannot swim in the lake. - Mr. Unsworth stated the lake belongs to the State and the land where the Sewer Treatment Plant is being built is in the County and the only connection we have is ,when the City wants t~ participate in the use of the sewer treatment plant. - Greg Ross, 2930 Ulla Lane, staf~a that for the last 100 days he has had flooding problems on his property due to water being diverted from the Woodhaven Development in the County. The storm run-off comes out of the mountains and hits the barrier protector. The water goes along the wall and turns the corner, goes down a ditch that formerly was not there and now the flow of water is concentrated, diverted and accelerated. The sand and sediment stops at Machado Road because it creates a natural dam and all. the water comes over the top of Machado down into the wash. The very first rain this year destroyed his property. He has a bridge in order to get to his house, it was destroyed. The County specified in the conditions of approval to the project that the developer is responsible to protect the down-stream properties of diversion of water drainage. Mr. Porter reported that Mr. and Mrs. Ross have filed a claim against the City which is not in proper form and Mr. Porter stated he will have to respond to their attorney. Mr. Porter stated the staff will be researching the matter in preparation of defense of a law suit. John Matson, 3820 Ulla Lane, stated he has the same problem as Mr. Ross and has talked to Mr. Trevino and staff regarding the problem. He has written letters to the County Flood Control, Road Department and Board of Supervisors. The Flood Control Department told him this was a City problem. The Woodhaven Development has not re- sponded to any of his calls or letters. At one time, Woodhaven took a backhoe and moved an earthen dam and released about three (3) feet high of water, approximately 12 feet wide. Mr. Matson stated he did not have this type of a problem during the 1980 floods. - Mr. Porter stated because of our insurance requirements, the City is going to be limited in what it can do until the insurance company can evaluate the situation. The City's hands are somewhat tied because of the City's obligation to cooperate with the insurance carrier and its right to control the litigation. Mr. Torn stated if the Woodhaven Development is required to put in a box culvert under Machado Street, then they would need an encroachment permit from the City. This would appear to be a small lever the City would have. 63 Page eleven City Council Minutes March 8, 1983 PUBLIC COMMENTS - Continued. Thomas Edmundson, 32782 Machado, stated his land is the first land the water hits and he has lost a forty year old tree, two sections of his fence and a lot of his land. Mr. Edmundson stated he has not had problems with water until the development came in. He is looking for some help from the City because they do pay taxes and cannot afford to fight this large development by himself. Mr. Edmundson suggested getting an injunction to stop further building until they resolve this problem. Mark LaPorte, 3860 Ulla Lane, felt until the proper channels are built the problem will only get worse. Mr. LaPorte urged the City staff to determine the ownership of Machado Street and feels Woodhaven will need an encroachment permit to work on Machado Street and feels the encroachment permit should not be issued until there is a guarantee that there will not be any further endangerment to their childrens' health and families' health through the behavior on behalf of the developer towards the downstream property owners. 00 ~ ~ ~ ~ o Mr. Unsworth asked Mr. Porter to advise staff of what they can and cannot do regarding this matter. Mr. Porter stated he would. COUNCIL ADJOURNED TO CLOSED SESSION AT 10:37 P.M. FOR PERSONNEL REASONS. COUNCIL RECONVENED AT 11:20 P.M. Mr. Unsworth stated there were some matters discussed on personnel and Mr. Trevino will make the report. Mr. Trevino reported that effective immediately the following positions will be exempt from Comp Time or Overtime: City Manager, Director of Community Development, Director of Public Works/City Engineer, City Planner, Finance Director, City Clerk, Senior Administrative Assistant, Planning Assistant, Associate Civil Engineer and Building Inspector. These positions will be exempt from comp time or overtime and in lieu of that, five (5) days administrative leave will be given to each of these positions, and the five (5) days will be taken during the calendar year. You automatically start the five days at the first of the year. For the balance of 1983, the positions will have four (4) days administrative leave, and this leave can only be taken on a four hour increment minimum. There is also a question on comp time and accumulative comp time that Council is going to get a further report on, but it was discussed. There was a question on who the Waste Water Treatment Operator reported to and the decision was that he reports to the City Engineer/Director of Public Works when in charge of the Waste Water Treatment Plant. If he is assigned another position or another role then he will be under the particular foreman and the determination to be made by the City Engineer/Public Works Director. There was a question of whether the City has light duty. The consensus of the Council is that the City does not have light duty. The last item discussed concerned an item discussed during mid-year budget review Council discussed the hiring of the two employees that were on a temporary basis, and these positions will be made permanent commencing March 19, 1983. This will start their probation as a permanent employee for a six month stay and they will be permanent providing they pass their probation period. Ms. Valenzuela clarified that the probation periods are 6 months, not one year. Council adjourned to the Redevelopment Agency at 11:24 p.m. Council reconvened at 11:57 p.m. REPORTS AND RECOMMENDATIONS Mr. MacMurray asked what was the status of the memorial sign for the library. Mr. Rubel reported the sign is finished construction and is receiving final lacquer finishing. Discussion was led on a dedication ceremony with the Interim City Manager to handle the arrangements. 64 Page twelve City Council Minutes March 8, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. MacMurray asked what the status was on the pedestrian bridge walk on the San Jacinto Bridge. After discussion by the Council, Mr. MacMurray stated he will bring this item back up during the up-coming budget session. Ms. Valenzuela thought the City would have received word from the State through the Board of Supervisors whether our resolution for Emergency Funding had been con- sidered, but no word has been received yet. Mr. Torn has received a number of phone calls from Mill Street Residents after the Telephone Company's contractor put in an optic-fiber line and after the work was completed there has been a failure in the patch work. The residents would like the City to take a look at it. - Mr. Torn felt that construction activity adjacent to City maintained dedicated streets is causing undue problems for city traffic. There are two particular sites at Lakecrest and Amber Way. The contractor of the Amber Way project builds some of the houses somewhat in the street and causes a problem for the people who drive the street. On the Condo project on Joy Street, there is a berm about 12 inches high which people have to drive over. Mr. Torn reported he had a conversation with Walt Abraham and both feel they would like to start regular sit-down meetings and talk about some common City problems. These types of meetings were held quarterly in the past, usually on a Friday, for lunch somewhere in the City. Mr. Abraham has suggested the 18th of March if it is available to the group. The meeting was set for March 18th at 12:00 noon at the Dunes. Ms. Valenzuela reported the Downtown Business Association is asking the City send a representative to the Spring Festival on March 23, 24, and 25, for the California Businessman's Association at San Luis Obispo. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 12:08 A.M. - ,L ~L~* J N G. UNSWORTH, MAYOR C TY OF LAKE ELSINORE ATTEST: ~~~~~ DEB RAH . HARN ON, CITY C K ... ()5 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council was called to order by Mayor Unsworth at 7:38 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Unsworth. ROLL CALL 00 f'oe f'oe '-;:) Cl o The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, Finance Director Ronnow and Senior Administrative Assistant Steel. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Mayor Unsworth asked item #1 be removed and Councilmember Torn asked items 3 and 4 be removed. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSE~T CALENDAR. AS PRESENTED. 1. Minutes - March 8, 1983: Removed from the Consent Calendar. 2. Lake Elsinore Lioness Club request for Waiver of Fees for Community Center: Approved use of the Community Center on April 16, 1983, from 6:00 p.m. to 9:00 p.m. in order to put on a drug awareness program for the community. .3. Expansion of the Branch Library on Graham Avenue: Removed from the Consent Calendar. 4. Final Map for Amended Tract No. 14706: Removed from the Consent Calendar. 5. Final Map for Tract No. 15382: Approved Final Map No. 15382; Accepted the streets and easements which are shown on the map and offered for dedication; directed City Clerk to arrange for recordation of the Final Map; accepted Faithful Performance Bond and Labor and Material Bond in the total of $240,000 respectfully and authorized the mayor to sign the subdivision agree- ment on behalf of the City. 6. Conditional Use Permit 82-1 - Review:- Informational: . On March 10, 1983, a field inspection was made by staff regarding the status of Conditional Use Permit 82-1. It appears the IIsmall boat rentalll is no longer in business at this address. - 7. Building Department Activity Report for February, 1983: Accepted as an infor- mational item. 8. Claim #83-1 - Gregg and Sandi Ross: Claim was rejected and referred to the City Attorney. 9. Claim #83-2 - Harvey G. Asbury: Claim was rejected and referred to the City Attorney. 10. Set for Public Hearing for April 12, 1983: A. Conditional Exception Permit #83-2 -Approved. B. Tentative Parcel Map #17616 - Approved. 66 Page two . City'Council Minutes March 22, 1983 CONSENT CALENDAR - Continued. Items removed from the Consent Calendar for further consideration and discussion. 1. Minutes - March 8, 1983, Regular Meeting: Mayor Unsworth asked two corrections be made to the minutes. 1) Page 6, add Unsworth voting aye to Ordinance 668 and 2) Deleting Unsworth as second to motion to adjourn on page 12. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF MARCH 8, 1983, AS CORRECTED. - 3. Expansion of the Branch Library on Graham Avenue: Mr. Torn felt because of the on-going needs of the Library, a study session should be held by the entire Council prior to the sub-committee meeting to discuss the Library goals in the community. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO HAVE A STUDY SESSION PRIOR TO THE SUB-COMMITTEE MEETING TO DISCUSS THE GOALS OF THE LIBRARY. 4. Final Map for Amended Tract No. 14706. Mr. Torn stated he would like to go on record as abstaining on this item because he was involved in the tentative stage of the map. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE FINAL MAP FOR TRACT NO. 14706. AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NONE NONE TORN PUBLIC HEARINGS 31. Conditi~nal Use Permit #83-3: Bob Steele proposal to establish a Vehicle Storage Yard in the C-l (Limited Commercial) Zoning Dis~rict located on Main Street between Flint and Pottery. ..... Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of BobSteele to establish a vehicle storage yard. Mr. Trevino reported the Planning Commission reviewed the proposal on February 15, 1983 and recommended approval subject to conditions.. The applicant proposes to weave redwood lathe into the fence and provide landscaping to mitigate the visual impacts associated with the use. The Planning Commission felt that a detailed mitigation plan should be submitted to the Design Review Board for consideration. The Commission also felt that the permit should allow impounded vehicle storage only. The City Clerk stated no correspondence had been received regarding the Conditional Use Permit application. Mayor Unsworth opened the public hearing at 7:47 p.m. asking those in favor of the Conditional Use Permit to speak. Robert Steele, 409 Scrivener Street, offered to answer any questions for the Council regarding his application. Jerry Stewart, 109 Flint Street, stated he has seen the operation and feels that there are no existing operations in the area as nice as the .... one Mr. Steele is proposing. Mr. Stewart asked the Council to look in favor of the request. Tim Hodges, stated he is not involved with the vehicle storage on the lot, only with the Used Car Lot. Rosa Apalla, Rosa Delmonte, Murrietta, stated he is pleased with the use of the property and the way Mr. Steele does business. Mayor Unsworth asked if anyone would like to speak in opposition to the Conditional Use Permit. No one asked tospeak. Mayornn~nsworth closed the public hearing at 7:50 p.m. . , Page three City Council Minuteo March 22, 1983 61:< PUBLIC HEARINGS - Continued. 31. Conditional Use Permit #83-3 - Continued. Mr. Torn asked how many vehicles are anticipated to be on the lot at one time. Mr. Steele felt there may be up to 15 vehicles at one time. Mr. Torn was concerned regarding tirucks being parked on the road. Mr. Steele stated he plans to keep the trucks (3) off the street. Mr. Steele stated the only vehicles that will be impounded will be by the Sheriff and Highway-Patrol, mainly due to accidents. Mr. Torn asked how much of the lot would be paved. Mr. Steele stated only the front will be paved because that was what he was told he had to do by staff, and he has done some landscaping. Mr. Torn felt in general, this project would not be i'n the best interest of the Redevelopment Agency, however as a short term use until a better use of the property can be developed it would be acceptable. 00 l"- ~ '-;) Q Q MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO APPROVE THE CONDITIONAL USE PERMIT #83-3, SUBJECT TO THE PLANNING COMMISSION CONDITIONS OF APPROVAL WITH THE ADDITIONAL CONDITIONS THAT THERE BE A LIMIT OF FIFTEEN (15) VEHICLES TO BE STORED AT ONE TIME,JHAT NO MORE THAN THREE (3) TRUCKS BE ON THE LOT AT ONE TIME, THAT IF AT ANY TIME THERE ARE VEHICLES EXCEEDING THE ALLOWED NUMBER, THE CONDITIONAL USE PERMIT BECOMES VOID AND IF THE LOT NOT BEING PAVED BECOMES A PROBLEM, IT BE PAVED AND NO STORAGE ABOVE THE HEIGHT OF THE FENCE. Councilmember Knight voted no. PLANNING COMMISSION CONDITIONS: 1. APPLICATION SUBJECT TO YEARLY REVIEW. 2. APPROVAL IS GIVEN TO THE APPLICANT ONLY. 3. APPLICANT TO SUBMIT TO THE DESIGN REVIEW BOARD A PLOT PLAN SHOWING LANDSCAPING, DETAILED OUTLINE OF PARKING STALL FOR TOWING VEHICLE AND LIGHTING OF SALE AREA. 4. DISMANTLING IS NOT AL10W~D. ! 5. A FINDING OF CONFORMANCE TO THE GENERAL PLAN. 6. ISSUANCE OF A CATEGORICAL EXEMPTION. 32. Weed Abatement Mayor Unsworth announced this was the time and place for a public hearing regarding the Weed Abatement Program for the City of Lake Elsinore. Mr. Rubel reported at the regular City Council meeting of February 22, 1983, Resolution 83-14 was adopted declaring weeds on lOts listed in the exhibit to the resolution a nuisance. It is proposed to begin the Weed Abatement Program by discing on March 23, 1983. Staff intends to hire Alan Huffman to disc at the rate of $35.00 per hour. The City Clerk reported no correspondence had been received on the Weed Abatement Program. Mayor Unsworth opened the public hearing at 7:57 p.m. asking those in favor of the Weed Abatement Program to speak. No one asked to speak. Mayor Unsworth asked those in opposition to the Weed Abatement Program to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 7:58 p.m. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO ORDER THE DIRECTOR OF PUBLIC WORKS TO ABATE THE NUJSANCE BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED PURSUANT TO RESOLUTION 83-14. Mr. Torn asked if additional contractors are needed in addition to Huffman, can the City bring in someone else. Mr. Rubel stated the City could bring in additional help if needed. 68 Page four City Council Minutes March 22, 1983 Mr. Unsworth announced the City has tried to institute a Neighborhood Watch Program with volunteers patrolling the community in the dark hours. The City has purchased two vehicles for this purpose. The Sheriff's Department and the City are asking people to make application to participate in the program before the Friday deadline. Applications may be picked up at City Hall, the Sheriff's Department, or the Fire Station on Graham Avenue. Mr. Unsworth reported at 9:30 a.m., March 23, 1983, there will be a meeting of the Planning Commission in the County of Riverside Offices, 14th Floor, for a final public hearing for the new location of the landfill site. The main issue will be whether the new site will be in Corona or Lake Elsinore. The Planning Commission will then make a recommendation to the Board of Supervisors. .... BUSINESS ITEMS 51. Tentative Tract Map No. 14558 - Request for Extension of Time Mr. Porter stated this is Mr. Washington's Map located at Grand and the Ortega Highway. When the map received its initial approval, it was given eighteen (18) months. After the 18 months had expired and they were on their first year extension, state law changed which allowed Cities to increase the periods of time for tract maps to be under consideration. City ordinance was changed to allow an initial 24 months with extension not to exceed 24 months. Since that time, very recently, state law changed to allow 36 month extensions. The City Council has not taken action to amend its ordinance to allow the maximum extension. Mr. Porter reported it is not legally possible to adopt the necessary ordinance in time to allow an additional extension on this map. Mr. Tackaberry, representing Southwest Engineering, stated a lot of work has been done on the project and map but it has not been submitted to the City. Mr. Tackaberry stated there has not been any interest in anyone to buy the property and develop it. The delay in developing the property is due to economic reasons and he felt the Subdivision Act provides for this. The County has dealt with this and amended the ordinances to do this. Mr. Tackaberry believes there are other agencies that will grant extensions after the map expires. Mr. Porter stated if the Council wishes to grant the extension, he would like a disclaimer on the map prior to recordation noting the problem. Mr. Tackaberry stated the law requires applications for extensions be submitted 30 days prior to expiration and asked the Council not take action until Mr. Porter can look into the matter further to see how other cities and the County handle such matters. --- MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ACCEPT THE REQUEST PRIOR TO THE DEADLINE AND CONTINUE UNTIL THE COUNCIL HEARS FROM THE CITY ATTORNEY. 52. Request for Temporary Approval of Ultralight Operations at 32081 Corydon Road (Barnes) Mr. Trevino reported the applicant is William Barnes. Staff recommends denial of the request. Mr. Trevino gave background information on the Ultralight operations, stating, in late 1981, the applicants obtained a business license under the name of Perris Valley Quicksilver for sales and service at 16876 Lakeshore Drive. Shortly thereafter, they requested permission to relocate to 32081 Corydon Road, expanding the operations to include on-site storage, rentals and take-off and landings. The applicants were told a Conditional Use Permit would be required. An application was never submitted. In October, 1982, Mr. & Mrs. Johnson submitted a conditional use permit to locate a caretaker's residence at 32081 Corydon Road. The Planning Commission on Nov- --- ember 2, 1982, denied the request and the applicants withdrew their application before the item was heard by the City Council. In December, 1982, the owners of Valley Ultralights were again made aware of the fact that a conditional use permit would be required. The owners of Valley Ultralights, Inc., are re- questing temporary approval of their business operations, yet a conditional use permit application has not been submitted. Staff feels that since the business has been operating for over a year illegally, consideration for con- tinued unlicensed operations is not warranted. Mr. Trevino stated Mrs. Barnes has been notified on numerous occasions that a conditional use permit is required, a letter was sent to this effect and they have not come in to City Hall to apply. 69 Page five City Council Minutes March 22, 1983 BUSINESS ITEMS - Continued 52. Request for Temporary Approval of Ultralight Operations - Continued. Scott Russell Barnett, representing Mr. and Mrs. Barnes of Valley Ultralight, stated he was just given some information and would request this item be deferred to the foot of the business items in order that he could review the information. Council concurred. 53. Request for Temporary Approval of Elsinore Ultralight Flight Park at the West End of Campbell Street (Snyder) rX) ~ l:'- "'":) Q o Mr. Trevino stated staff recommends approval subject to conditions. Mr. Snyder's Elsinore Ultralight Flight Park, located on the lake bottom at Lucerne Street, previously has received approval for two conditional use permits. The rising lake inundated the property and Mr. Snyder has found a new location at the west end of Campbell Street to locate his park. Mr. Snyder is requesting temporary use until a conditional use permit application can be submitted and approved. He is also requesting waiver of processing fees. Mr. Trevino stated staff feels justified in recommending approval for Mr. Snyder's request due to his demonstrated cooperation. Also, his most recent CUP was just approved by the City Council on February 8, 1983. Conditional Use Permits, however, are used to evaluate a proposal at a given location and substantial staff time is required to process. Staff has therefore recommended that the applicant pay one-half of the required fees to process his application and that he meet their other conditions recommended in the staff report. Mr. Snyder stated it has been his and his associates attempt for some time to bring some type of control to the ultralight activity by the need for the people in Southern California to come and fly. Mr. Snyder would like permission to relocate his business until such time as an application for a new condi- tional use permit can be submitted and approved. Mr. Torn stated that as the lake rises, there will be less area for the ultra- light flyers to fly over because they do not like to fly over the lake and expressed concern that the flyers will be going over residential areas. Mr. Snyder stated as the land diminishes, there will be less flyers and tighter controls would have to be instituted, possibly an access avenue would be made possible and the flyers would have to exit the area and fly outside the City. At this location on Campbell, Mr. Snyder feels he will have more control over the uncontrolled flyers because he will have almost 800 acres to police. Mr. Snyder stated his temporary use will be where they set up their office to operate out of. In the new conditional use permit he will be asking for the same benefits, such as landings, take-offs, incidental camping, sales and service. He will not be adding to the presently issued conditional use permit. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR TEMPORARY OegRAtION~0F-=:EESnmRE"U[TRAUGRlT~/=:ltGHT PARK.'.AT THE WEST END OF CAMPBELL STREET SUBJECT TO THE FOLLOWING CONDITIONS: 1. INSPECTION OF FACILITIES BY CODE ENFORCEMENT, BUILDING INSPECTOR AND CITY ENGINEER TO ASCERTAIN SAFETY, NOISE AND ANY OTHER ITEMS CONSIDERED APPRO- PRIATE BY THE CITY COUNCIL PRIOR TO TEMPORARY OPERATIONS. 2. APPLICANT SHALL SUBMIT FULL CONDITIONAL USE PERMIT APPLICATION, INCLUDING PLOT PLAN, WITHIN FIVE (5) DAYS OF CITY COUNCIL APPROVAL. 3. APPLICANT SHALL PAY ONE-HALF COST OF FEES FOR PROCESSING CONDITIONAL USE PERMIT APPLICATION AND ENVIRONMENTAL ASSESSMENT. 4. APPLICANT SHALL CONFORM TO THE GENERAL FLIGHT RULES ESTABLISHED BY CON- DITIONAL USE PERMIT 81-17 AND CONDITIONAL USE PERMIT 82-11. 5. TEMPORARY PERMISSION TO OPERATE SHALL TERMINATE WITH THE FOLLOWING: A. PLANNING COMMISSION RECOMMENDATION OF DENIAL OR DENIAL WITHOUT PREJUDICE. B. CITY COUNCIL APPROVAL OR DENIAL. 70 -- Page six .City Council Minutes March 22, 1983 BUSINESS ITEMS - Continued. 54. Single Family Residence, Adam Natalie - 16866 Holborrow Mr. Porter stated Mr. Natalie indicated he had some plans that had been approved showing windows instead of the garage door and they had agreed Mr. Natalie would discuss it with Mr. Trevino. Mr. Natalie presented plans to the Council which he stated were approved by the Planning Commission showing the garage being replaced by a window and the car port attached to the building and signed off on January 20, 1982. Mr. Unsworth asked Mr. Natal ie where the original plans were that showed the garage door. Mr. Natalie stated these were the original plans. Mr. Unsworth asked Mr. Porter if the Planning Commission has the authority to go against city ordinance without something coming to the Council. Mr. Porter stated the Planning Commission does not have the authority, they make recommendations to the City Council. Mr. Natalie stated the house was started in November, 1981, on December 30, 1981, a stop order was issued and he was told he would have to obtain a variance or modification to delete the garage. He asked for the modification and it was approved by the Planning Commission 5-0 and on January 20, 1982, the plans were signed off. On January 22, 1982, Mr. Fink, Building Inspector, called Mr. Morrissey regarding the deletion of the garage door and was told by Mr. Morrisey that the garage door was not needed and could be ommitted. Mr. Natalie stated it is a two story building with a full basement,period. Mr. Natalie stated he completed the building based on the decision of the Planning Commission that a garage would not be needed. The building requirements are different for a garage then they are for a basement. The building was completed based on the basement being approved. Mr. Natalie stated the Planning Commission clarified their action by requiring the applicant record a C, C & R against the property providing the garage be maintained as a garage. Mr. Natalie stated he asked for further clarification and the Commission stated, you can not make living quarters.out~of it. - - COUNCIL ADJOURNED TO CLOSED SESSION BECAUSE OF LITIGATION AT 8:53 P.M. COUNCIL RECONVENED AT 9:10 P.M. WITH MR. UNSWORTH STATING THE COUNCIL CAN NOT DISCUSS THE ITEM FURTHER BECAUSE OF POSSIBLE LITIGATION. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONCUR WITH THE PLANNING COMMISSION DECISION OF DECEMBER 21,1982. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY MEETING AT 9:12 P.M. COUNCIL RECONVENED AT 10:00 P.M. ~. 55. Review of Conditional Use Permit 81-22: Nightingale/Guss, Bi-Wise Mobile Home Sales Lot: 31712 Mission Trail Mr. Trevino recommended approval of time extension for Conditional Use Permit 81-22 for one (1) year until February 9, 1984. The Planning Commission approved the project on January 5, 1982 subject to ten (10) conditions. Upon site inspection by staff, the applicant has met all ten (10) conditions at this time. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE TH1E EXTENSION FOR CONDITIONAL USE PERMIT 81-22 FOR A ONE YEAR PERIOD. 56. Resolution establishing fees for installation of Traffic Signals at Mission Trail and Railroad Canyon Road. - Mr. Rubel reported Commercial Project 82-4 for McDonald's Fast Food Restaurant and Commercial Project 82~9 for Mobil Gas and Service Station were approved at Railroad Canyon Road and Mission Trail. The proposed developments were approved by the City Council subject to participation in the equitable portion of the cost to signalize the intersection of Railroad Canyon Road and Mission 'Trail. The City Council directed staff to prepare a resolution establishing an equitable fee. Mr. Rubel presented a map showing the areas from which fees for signalization are proposed to be collected. The approved general plan desiginates all the parcels -------as General Commercial. The proposed fee is based on an assessment factor and areas are combined to obtain the proposed equitable fee. 71 Page seven City Counct1 Minutes March 22, 1983 BUSINESS ITEMS - Continued. 56. Resolution establishing fees for installation of Traffic Signals at Mission Trail and Railroad Canyon Road - Continued. Mr. Rubel reported property already developed is not included in the areas to be assessed because there is not an occasion expected in which to collect a fee. Emerson Briggan, property owner in the assessment area, owns approximately two acres in the area and under the plan he would be paying almost 10% of the cost of the signal. Mr. Briggan stated his property is not located on Mission Trail and the assessment area is too narrowly defined. The eleven (11) acre Town Center Site is not included in the assessment. The corner of Mission Trail and Ma1aga is not included in the assessment area. These two sites are prime commercial sites and Mr. Briggan felt they should be included in the assessment area. XJ ~ I:"'- '-:;) Q o Mr. Rubel stated the intent was that the area within the boundaries of the assessment would pay for the signalization of that particular intersection. The boundaries were not expanded further because intersections outside the boundaries would have to be built and fees collected from the other properties. Mr. Briggan stated he did not want to subsidize Stater Brothers, Vans and the other existing stores which have generated the traffic to the intersection. Mr. Briggan did not feel it was fair that the already existing businesses should not pay for the signalization. Mr. Torn asked if the existing businesses can be asked to participate in the assessment district. Mr. Porter stated this is not an assessment district. it is a mitigation procedure on new development which requires discretionary approval. Other measures are available, but they are time consuming and much more expensive. Mr. Porter stated he would have to check to see if the City can form an assessment district for signalization. If this is possible the fees to mitigate the impact would be reduced. Council felt the existing businesses such as Stater Brothers, Vons, Sav-On and the banks are the primary impact on the intersection. Mr. Crowe asked if the property where the Bi-Wise Mobile Home Sales Lot is located would be in the assessment district if a tentative tract map is done on the property. Mr. Rubel stated it would be included. Mr. Torn stated that people will not be charged the mitigation fee until they develop the property, and in the meantime, the City can look into other funding avenues for the signalization. If other funding is available, mitigation fees can be reduced and refunds made to those developments which have paid. Mr. Torn felt that the Council recognizes there is a problem at the intersection and if we wait any longer we are only compounding the problem. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE THE RESOLUTION BUT THAT STAFF BE DIRECTED TO PURSUE ANY OTHER FUNDING AVENUES THAT ARE AVAILABLE. 57. Traffic Signal Installation at Railroad Canyon Road and Mission Trail (Plans and Specifications) Mr. Rubel recommended the Council approve the Plans and Specifications for the Installation of Traffic Signals and Safety Lighting; direct the City Manager to solicit formal bids adn appropriate funds from 1982-83 Gas Tax Accumulation. Mr. Rubel felt it was important that the project be advertised for bids as soon as possible in order that the traffic signal facilities can be coordinated and built with the street work done by the contractor for the McDona1ds Fast Food Restaurant. Mr. Knight asked if all the sub-surface work on the signal will be done at the same time the street improvements are done. Mr. Rubel stated they would be done at the same time and the only cutting which will be done would be for any additional detectors. 72 Page eight City Council Minutes March 22, 1983 BUSINESS ITEMS - Continued 57. Traffic Signal Installation at Railroad Canyon Road and Mission Trail, (Plans and Specifications) - Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE PLANS AND SPECIFICATIONS FOR INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING: DIRECT THE CITY MANAGER TO SOLICIT FORMAL BIDS AND APPROPRIATE FUNDS FROM 1982-83 GAS TAX ACCUMULATION. COUNCILMEMBER VALENZUELA VOTED NO. 58. Ordinance establishing Rules and Regulations of Water Service, relating to discontinuance of service. .... Mr. Porter felt the corrections to the ordinance were necessary and recommended the Council hold first reading on the revised ordinance. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 668 BY TITLE ONLY. The City Clerk read the title of Ordinance No. 668 ORDINANCE NO. 668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 13.09.015 TO THE LAKE ELSINORE MUNICIPAL CODE PROVIDING FOR A PROCEDURE AND CHARGE IN THE EVENT WATER SERVICE IS REESTABLISHED WITHOUT AUTHORIZATION. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE THE FIRST READING OF ORDINANCE NO. 668. AYES: NOES: ABSENT: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE .... 52. Request for Temporary Approval of Ultralight Operations at 32081 Corydon Road (Barnes) - Continued. Scott Russell Barnett, attorney for Mr. and Mrs. Barnes and Valley Ultralight, Inc. feels there is a substantial interpretation problem of the existing use that has been approved by the City Council as to the location in question. Mr. Barnett stated that within Section 17.36, Recreational District, a permitted use, below the 1265 level would be an airport. Mr. Barnett stated in a report from the Planning Department to the Planning Commission on a request of Mr. Johnston to place a mobile home on the subject location the property was zoned Tourist/Commercial with the use being commercial airport activities. Mr. Barnett stated Mr. Barnes had a licensed business until June, 1982, and because of a change of address he was not sent a reminder to renew the license. In October, 1982, Mr. Barnes submitted an application for an additional license for the same purpose as before, for sales and service of ultralights and was turned down because the current landowners were seeking an exception to put a mobile home on the parcel. The Johnstons withdrew their request in November or December in order that Mr. Barnes could move forward in getting his license. Mr. Barnett stated that Mr. Barnes and Valley Ultralights' position is that the use of the runway at the airport is not inconsistent with the use as approved by the City Council. Valley Ultralights have secured permission of the airport owner to use the designated runway and have a lease with the owner. Permission has also been obtained by the Airport Manager. Mr. Barnett stated Mr. Barnes is willing to submit a Conditional Use Permit ... application within five (5) working days on the condition that he not waive his position to go to the Planning Commission and find out if, when they said airport related activities, they did not mean gliders, parachutes, etc. and if they did, why they did not require conditional use permits from those people. Mr. Barnett suggested that Mr. Barnes be issued a business license; that they be allowed to continue operation, assuming they need a conditional use permit, on the condition they substantially follow all the same things that Mr. Snyder agreed to do. Also, he will file a request with the Planning Commission to settle the issue whether his use is within the permitted use they have previously said was okay. 13 Page nine City Council Minutes March 22, 1983 BUSINESS ITEMS - Continued 52. Request for Temporary Approval of Ultralight Operations at 32081 Corydon Road (Barnes) - Continued. Mr. Trevino clarified that he has met with Mrs. Barnes many times and advised her that a conditional use permit would be required. Mr. Trevino stated the letter which Mr. Barnes sent out was not to help the City, but was intended to embarrass the City. Mr. Torn does not see the ultralight and the regular airplanes as being compatible, and feels the local management at a local airport can not make that determination. Mr. Torn felt this type of an activity is a health and safety matter and the City Council is the responsible board to make the decision. The Airport Advisory Board did not speak to the compatible use of ultralight and general aviation aircraft. The two types of aviation were put in separate areas. 00 ~ l'- l-:i ~ o MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION, DENIAL OF THE REQUEST. Mr. Torn clarified that sales and services is an allowed use. Valley Ultra- lights can operate as long as they do not have any landings or take-offs, on-site storage and rentals. OFF-AGENDA ITEMS 59. CETA Program for two (2) Clerk Typist Positions Mr. Unsworth reported it is requested that the City Council approve the City's participation in the CETA Program involving two (2) Clerk Typist positions. Salaries and some fringe benefits to be paid by the CETA Program. Council concurred. 60. Tri-City Volunteer Request for Kitchen Facilities Mr. Trevino stated at the time the Tri-City Volunteers requested use of the Community Center for the Fireman's Ball, they did not request use of the kitchen facilities. Mr. Trevino stated he was going to come up with a plan to have four service clubs take care of it on a three month basis, then anyone who wanted to use it would have to deal with the service clubs. Council concurred that guidelines will be developed by the first meeting in April. Mr. Trevino was asked to transmit Council's decision to the Tri-City Volunteers. 61. Cerrano Line for Southern California Edison Mr. Unsworth reported the Council has been asked to take a stand on the trans- mission line proposed by Southern California Edison. Mr. Torn stated earlier the Council did give approval for the line, however, since additional infor- mation has come out and would personally be willing to go on record as opposing the line. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED THAT THE CITY GO ON RECORD AS BEING OPPOSED TO THE NEW 500 KILOWATT TRANSMISSION LINE AND THAT AN APPROPRIATE RESOLUTION 83-20 BE DRAFTED STATING THAT. Councilman Knight voted no. Mr. Torn felt the Resolution should be sent to the Public Utilities Commission and a copy to the Alliance for Survival. PUBLIC COMMENTS Mr. Carter spoke regarding the Water Fund and funds being used from the General Fund to subsidize it. REPORTS AND RECOMMENDATIONS Mr. Porter reported that Mr. and Mrs. Barnes would like to apply for a Conditional Use Permit and would like to ask Council to direct staff to expedite the process. Council concurred. 74 Page ten City Council Minutes March 22, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Torn asked when the budget process would be starting. Mr. Trevino reported that next week there will be a budget session with the department heads and it will follow that. Mr. Ronnow stated the scheduling will be formalized and brought to the Council. Ms. Valenzuela reported that ten to twelve people will be attending the meeting at Riverside County offices regarding the Alberhill Dump site tomorrow morning. Ms. Valenzuela reported that Mr. Horrigan from the Riverside County Office of Disaster Preparedness was on television and stated that because of drain-off from 800 square miles, the lake would continue to fill and at this particular time, due to the legalities, information has gone to the State and there is not money available for the pumps. Ms. Valenzuela reported the State has accepted the Disaster Resolution, the Governor has passed it as a disaster and the Office of the Governor has sent it to the President and we are now waiting for the Presidential Declaration. Ms. Valenzuela stated the City's Engineering and Planning Staff and others who worked on the Assessments of Damage were told by the County that we had the best damage value assessment that had been handed in to the County Council. - Mr. Unsworth stated a complaint has been received regarding why the white street lights were changed to yellow. Mr. Rubel stated the Public Utilities Commission has mandated conversion of mercury vapors to high pressure sodium. Any lights installed have to be the energy efficient high pressure sodium. Mr. Unsworth stated he has received correspondence from two builders regarding the system of setting public hearings for Planning Commission and City Council and the automatic three week wait between the City Council and Planning Commission. Mr. Trevino will answer the correspondence explaining the procedure. COUNCIL ADJOURNED TO CLOSED SESSION AT 11:28 P.M. REGARDING PERSONNEL. COUNCIL RECONVENED AT 12:11 A.M. - Mr. Unsworth announced the Council has granted Mr. Trevino time-off for a death in his family. Mr. Unsworth reported on the November Ballot there will be a section about whether to make the position of City Treasurer appointed or elected. The City Clerk was asked to advise Council on the deadlines and requirements. ADJOURNMENT MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 12:12 A.M. rtL ~ Z~;:tt:- JOHN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ,/kJ~~~~~~ DEBORAH A. HARRINGTON, CITY ERK - 75 MINUTES CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 29, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Special Meeting of the Lake Elsinore City Council was called to order by Mayor Unsworth at 7:11 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY ~ CLOSED SESSION REGARDING A PERSONNEL MATTER !; Mr. Unsworth reported no action was taken on the personnel matter. The City ~ Council concurred to continue the Closed Session to Thursday, April 14, 1983, ~ at 7:00 p.m. ADJOURNMENT MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 11:40 P.M. ~L .iJ f 1t~;:d: J6HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ~;i7~// #? ~~ DEBORAH A. HARRINGTON, CITY LERK 76 > MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 12, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:38 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: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, UNSWORTH ABSENT: COUNCILMEMBERS: VALENZUELA Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, Finance Director Ronnow and Senior Administrative Assistant Steel. CONSENT CALENDAR MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a. Special Meeting - March 3, 1983: Approved as presented. b. Regular Meeting - March 22, 1983: Approved as presented. c. Specia] Meeting - March 29, 1983: Approved as presented. 2. Warrant List for March, 1983: Approved warrant numbers 17975 through 18100 and 101 through 128, in the amount of $325,943.78. - 3. Resolution 83-21 - Proclaiming April 17 through 23, 1983, as "Victims' Rights Weekll in the City of Lake Elsinore: Approved. ~1r. Carter felt that Non- Smokers' Rights should also be included in the Resolution. 4. Lake Elsinore Valley Allied Arts request for Waiver of Fees for the use of the Community Center on Tuesday, April 21,1983 from 6:30 p.m. to 9:00 p.m.: Approved. 5. Elsinore High School Alumni request for Waiver of Fees for the Community Center for an Alumni Dance to be held on Saturday, July 23, 1983, from 6:00 p.m. to 1:00 a.m. Staff requested approval subject to a Clean-up Deposit of $100.00 to be refunded if the Center is left in a clean and orderly condition. Approved. 6. Elsinore Junior High School request for Waiver of Fees for use of the Community Center on April 15, 1983, from 6:00 p.m. to 10:00 p.m. Staff requested approval subject to a $100.00 Clean-up Deposit to insure that the Center will be clean. The deposit will be refunded if the center is left in a clean condition. Approved. 7. Lake Elsinore Valley Volunteers request for Waiver of Fees for the Community Center on specific days during the months of April, May and June, 1983. The proceeds of the event will go towards purchasing tables for the Community ... Center. Approved. 8. Claim 83-3 - Adam and Patricia Natalie: Rejected and referred to the City Attorney. 9. Animal Control Activity Report - March, 1983: Accepted as an informational item. 10. Set a. b. c. d. e. for Public Hearing - April 26, 1983: Industrial Project 83-1 - Approved. Zone Change 83-1 - Approved. Conditional Use Permit 83-5 and Commercial Project 83-2 - Approved. Lakeshore Overlay District Ordinance - Approved. Tentative Parcel Map 17616 77 . Page two 'City Council Minutes Apr ill 2, 1983 CONSENT CALENDAR - Continued. 11. Set for Public Hearing - May 10, 1983: a. Conditional Use Permit 82-10 and Commercial Project 82-6 - Approved. b. Conditional Use Permit 83-4 - Approved. PUBLIC HEARINGS 31. Conditional Exception Permit 83-2: Winchester Associates - Request to reduce required rear yard setback requirements by two (2) feet. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Winchester Associates for a Conditional Exception Permit 83-2, to reduce required rear yard setback requirements by two (2) feet located at Nashland Avenue near Joy Street. Mr. Torn excused himself from the public hearing because of involvement in the project. ~ l'- l'- '-;) Cl o Mr. Trevino reported the Planning Commission recommends approval of the Conditional Exception Permit subject to three (3) conditions. The Commission found the deletion of the two (2) feet on the rear yard setback to be appropriate due to the overall design and configuration of the multi-family project. The City Clerk reported no correspondence had been received regarding the Conditional Exception Permit application. Mayor Unsworth opened the public hearing at 7:45 p.m. aSking those in favor of the conditional exception permit to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the conditional exception permit. Ter~y Deming, 3560 Raven Drive, spoke in opposition to the project because it is an R-3 Zone and there is only one (1) road accessing the proje~t unless there is another exit to the project. Mr. Trevino stated the only item the Council is addressing is the variance, not density. Mr. Carter felt the property would be landlocked and it goes against the City Pl ans. Mr. Unsworth stated it has been stipulated in the General Plan that there will be a new street going through to Joy Street. Mr. Trevino stated the project is not landlocked because it does have an access. Mayor Unsworth closed the public hearing at 7:49 p.m. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE CONDITIONAL EXCEPTION PERMIT 83-2, SUBJECT TO THE FOLLOWING CONDITIONS: 1. A FINDING OF CONFORMITY TO THE GENERAL PLAN. 2. A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT. ..- 3. ISSUANCE OF A CATEGORIAL EXEMPTION. Councilmember Torn abstained from voting on this item. Mayor Unsworth made an announcement that applications have been re-opened for the Neighborhood Watch Volunteer Program for any residents over 21 years of age. Applications are available at City Hall, Sheriff Station and Fire Station. The City is in need of 20 more applicants to start the program. 78 . Page three 'City Council Minutes Apri 1 12, 1983 BUSINESS ITEMS 51. Proposed 500 KV Edison Transmission Line Mr. Bill Campbell, Southern California Edison gave a presentation on the scope of the proposed 500 KV Transmission Line and its route. Mr. Campbell stated the City Council supported the KV Line on April 22,1980. Public Hearings have been held and submitted to the Public Utilities Commission. Mr. Campbell expects a completion date in 1984 of the Line. The line will start in the Devers area and end at the Serrano Sub-Station in Orange. This line will supply power to Western Riverside County and enable Edison to purchase economy power from other Western States that they tie into. In Lake Elsinore the line will cross at Highway 74 and down the westerly end of Collier. Mr. Campbell felt not enough consideration has been made to reverse the City's original support of the project. Mr. Campbell stated that written input to the Public Utilities Commission staff on the project was closed March 14, 1983. That was the last public hearing on the environmental supplement. Brian Moca, 28222 Stonehouse Road, Lake Elsinore, representing the Western Riverside County Energy Coalition. Mr. Moca stated the towers for the 500 KV Line are fourteen (14) stories high and 90 feet across at the top. The easement through Lake Elsinore will be 330 feet wide. The initial plans are to place one row of towers and at a later date, add another row within the same easement. In a supplemental Environmental Document it states that to service the need in the Hemet, Perris Valley Area, including Lake Elsinore, a 115 KV line would fit that need to 1996. Mr. Moca discussed the different impacts that would result from the lines, such as fire safety, land use, aesthetics, geology and health on animals and human beings. Mr. Moca stated there are no fences around the towers which cause a safety hazard. The City of San Jacinto, City of Highgrove, many Planning Commissions of other cities have passed resolutions opposing the Transmission Line along with the 68th Democratic Assembly District, Assemblyman Clute have also opposed the Transmission Line. - Bob "Neighbors, 28330 10th Street, Lake Elsinore, President of Warm Springs Homeowners Association spoke in opposition to the Transmission Line because of the following reasons: 1) The visual effects of the towers on the Valley; 2) The height of the towers will hinder fire protection capabilities; 3) Property values will fall and people are interested in improving. the Valley and keeping the rural setting. Jean Ruper, Concerned Citizens United, stated that when the City Council supported the Transmission Line in 1980, it was done prior to the Environmental Studies were made and commended the City Council for reversing their stand and opposing the Transmission Line. Eugene Carter commended the action of the City Council in opposing the 500 KV Transmission Line. He felt it was the first step to an Atomic Plant. - MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED TO REAFFIRM THE ACTION AT THE LAST CITY COUNCIL MEETING IN OPPOSING THE PROPOSED TRANSMISSION LINE. COUNCILMEMBER KNIGHT VOTED NO. Mr. Knight stated the City has annexed areas towards Greenwald and Riverside Street and asked if the Transmission Line would go through the new annexed area. Mr. Campbell stated the Transmission would go through the new annexed area. Mr. Campbell also stated at no time has the Edison Company proposed to build a Nuclea~ Plant in Lake Elsinore. - 52. Conditional Use Permit 77-9: Request for renewal - Quality Home Sales at 31882 Mission Trail, Gynn McCawley. Mr. Trevino recommended approval of the renewal of Conditional Use Permit 77-9 subject to the following conditions: 1. Applicant shall submit to the Design Review Board: a. Exact placement of mobile homes. b. Parking and turning. c. Landscaping. 79 . Page four 'City Council Minutes April 12,1983 BUSINESS ITEMS - Continued. 52. Conditional Use Permit 77-9 - Continued. 2. Provide a minimum of five (5) paved parking spaces and back-up. 3. All mobile homes to be fully skirted. Mr. Trevino reported that staff feels that if the use is to remain, it is appropriate that the site be upgraded to reflect current area development standards. Staff is requesting permanent locations for mobile home placement, designated and improved parking for five (5) vehicles and adequate landscape plantings. This information should be detailed on a plot plan and presented to the Design Review Board. Mr. Torn stated he did not have a list of conditions which were placed on the original conditional use permit and felt the mobile homes should be new. 00 r-- ~ I""';;) o o MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THIS ITEM GO BACK TO THE PLANNING DEPARTMENT AND THAT A FULL LIST OF REQUIREMENTS FOR THE CONDITIONAL USE PERMIT BE GENERATED AND BROUGHT BACK AT THE NEXT CITY COUNCIL MEETING. Mr. Trevino stated as long as the conditional use permit is in the process, he felt there would be no reason to shut the business down. Mr. Torn clarified that this would be without approval and if there are conditions which he can not meet, then the applicant may decide he would not want to operate. 53. Elsinore Valley Community Development Corporation Letter of Support. Mr. Steel reported the Community Development Corporation has sent a letter to the City asking for the City1s support for their use of their funds that were provided by the County Community Development Office. The C.D.C. was awarded a $71,000 Grant from the County for the Thermal Electronics Project whicn ran into difficulty and a portion of the funds were reprogrammed to the Norman Industries Project and the County placed the remainder with the C.D.C. with the provision that they carry out any eligible C.D.C. activities with the consent of the City. The projects proposed are consistent with the City and Redevelopment Agency Goals and the City is not accountable or liable for these funds. Staff recommended approval of the request and asked the Council to direct staff to prepare a letter of support to Riverside County Community Development. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST AND DIRECTED STAFF TO PREPARE A LETTER OF SUPPORT_TO THE RIVERSIDE COUNTY COMMUNITY DEVELOPMENT. 54. Tentative Tract No. 14558 Request for Extension of Time Mr. Trevino recommended the Council concur with the City Attorney's recommendation of denial. Mr. Porter has researched the matter extensively and has concluded that the request for extension of time be denied. Mr. Porter stated that the applicant was not notified of the meetinq and felt the item should be continued for two weeks because the appn cant is entitled to the courtesy of knowing that his item is on the agenda. ..- MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM FOR TWO WEEKS. Mr. Unsworth asked staff to show the locations of projects on a map when the project comes before the City Council. 80 . Page five 'City Counci 1 Mi nutes Apri 1 12. 1983 BUSINESS ITEMS - Continued. 55. Parcel Map 16000. Request for Extension of Time. Mr. Rubel reported that staff has reviewed the request for extension of time and conditions and have made some revisions and additions. Mr. Rubel stated after discussing the conditions with Ms. Farrenburg, it was agreed that Condition # 26 could be deleted. if Condition #25 were revised as follows: Applicant must improve to the centerline of Collier Avenue for the entire frontage on Collier Avenue. From Highway 74 southeasterly, the right-of- way for Collier must be acquired to realign the street. City will negotiate ... with the railroad for acquisition of the necessary right-of-way. Developer must bear the cost of this necessary additional right-of-way for one-half (1/2) street to realign Collier Avenue. This right-of-way acquisition and also the improvement of Collier Avenue must include transition to existing paving at the southeasterly limit of the proposed development. Judy Farrenburg,Warm Springs Associates, 32308 Mission Trail, Lake Elsinore, asked the Council to eliminate conditions 25 and 26. Ms. Farrenburg felt that condition 25 was subjective as to what Caltrans might consider safe. Ms. Farrenburg stated that condition 25 was something that the Warm Springs Associates had volunteered to do after an inspection of the property if it is possible. Ms. Farrenburg felt the City may be conditioning the map with a condition they may not be able to meet because of the negotiations with the Railroad Company. Ms. Farrenburg stated on March 16th she wrote a letter requesting a Study Session be set up with the City to discuss several conditions on Parcel Map 16000 to discuss the improvement of the intersection. Ms. Farrenburg felt if the negotiations with the Railroad Company are not successful. it should not affect the completion of the proposed project. Ms. Farrenburg asked the Council to revise the condition, that the applicant show good faith in attempting to acquire the necessary easements for the improvement of the intersection. Mr. Porter stated the promise to negotiate in good faith in not enforceable. Ms. Farrenburg stated that she has received a letter from the City Engineer from Caltrans stating that Ca1trans is in favor of the intersection improve- ments. - MOVED BY TORN. SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE TIME EXTENSION FOR ONE (1) YEAR PERIOD, DELETING CONDITION #26 AND REVISING CONDITION 25 PER THE CITY ENGINEER. Conditions of approval are as follows: 1. Dedicate right-of-way to provide: a. Riverside Drive - Extension of Central/Highway #74 for 100 feet. right-of-way per Cal-Trans/City requirements. b. 66 feet total on Minthorn. "B" and "C" Streets. c. Collier Avenue - Provide for a 40 foot half street. reserve an additional building setback of 30 feet along Collier. 2. Install improvements to provide: a. Riverside Drive/Highway #74 per City/Cal-Trans requirements. b. Curb and gutter at 22 feet from centerline. sidewalk and standard roadway between gutter lips on Minthorn Street. "B" Street. and "C" Street. - c. Curb and gutter at 38 feet from centerline. sidewalk. and standard roadway from gutter lips to centerline on Collier Avenue. 81 . Page six 'City Council Minutes Apr i 1 12, 1983 BUSINESS ITEMS - Continued. 55. Parcel Map 16000, Request for Extension of Time - Continued. 8. 00 l'" 9. f:-.. I""':) 0 0 10. 11. 12. ~ 3. Minimum street grades shall be 0.4%. 4. Install ornamental street lights (make necessary arrangement with Southern California Edison for the installation of these street lights). 5. Provide adequate drainage facilities per City requirements and flood hazard study from Flood Control District. 6. All improvements to be bonded at the time of map recordation. 7. Provide the .City with the letter of water availability from Elsinore Valley Municipal Water District: Riverside Drive shall be aligned to the specifications of the State Department of Transportation and the City Engineer. The developer shall install an on-site sewage treatment facility in accordance with the standards approved by the Regional Water Quality Control Board and the City. The plant shall be controlled and operated by the city. The developer shall establish a special service or assessment district to pay for operation and maintenance of the treatment facility. All improvements to be designed by the developers civil engineer to the specifications of the City. Construction within the limits of the 100 year flood plain as designated by HUD Federal Insurance Maps shall be in accordance with HUD guidelines and standards. 13. ~roject shall comply with all the provisions of Ordinance 603 and 604. 14. Project shall comply with all Riverside County Fire Department Safety requirements. 15. Project shall conform to the Uniform Fire Code Section 13.301. 16. Fire hydrants, shall be spaced 300 feet apart. All requirements of Fire Department shall be complied with. 17. Issuance of a Negative Declaration, with conditions 1-16 as mitigating measures. 18. Authorization to proceed under the 1911 and 1915 Act to establish an assessment district for this property to provide for all off-sjte improvements and a special service district to provide funds for City operation of the sewer treatment plant. 19. Applicant shall form a 1972 Landscaping and Lighting Assessment District. 20. Applicant shall form a Road Maintenance Assessment District. 21. Applicant shall deed all ground water rights to the City of Lake Elsinore. 22. Pay all applicable Public Safety Fees. 23. Any existing well site on the subject property be offered for dedication to the City. 24. Applicant shall participate equitably in the cost of signalization of Collier Avenue and Highway 74 intersection. - 82 . P~ge seven 'City Council Minutes April 12, 1983 BUSINESS ITEMS - Continued. 55. Parcel Map 16000, Request for Extension of Time - Continued. 25. Applicant must improve to the centerline of Collier Avenue for the entire frontage on Collier Avenue. From Highway 74 southeasterly, the right-of-way for Collier must be acquired to realign the street. City will negotiate with the railroad for acquisition of the necessary right-of-way. Developer must bear the cost of this necessary additional right-of-way for one-half (1/2) street to realign Collier Avenue. This right-of-way acquisition and also the improvement of Collier Avenue must include transition to existing paving at the southeasterly limit of the proposed development. Mr. Torn asked the City Attorney if the Developer were to find out at a later date that they could not meet condition 25, would they have the right to come back to the council and ask for a waiver of the condition. Mr. Porter stated they would have the right. .... Ms. Farrenburg asked what the requirements for the Downer Project were. Mr. Rubel stated he did not know at this time. Mr. Knight felt that this developer should not do any more then the Downer Development was required to do on Collier Avenue. 56. Business License request at 1507 Lakeshore Drive Mr. Trevino reported this item deals with a business license for a palm reading business located at 1507 Lakeshore Drive. Since this business is not listed in the municipal code, a subjective determination must be made. In discussion with City Attorney, City Attorney feels that this use is similar to the businesses or enterprises listed as allowed uses in this zone. Mr. Torn asked if the Council has control over signs that are put up and their color combinations. Mr. Trevino felt a condition could be attached ... that the building and character of the lakeshore could be maintained. Mr. Torn stated as a change of use from a residence to a business, will the owners be required to go through the process of upgrading restroom facilities, street improvements and the other things a commercial building would be required to put in. Mr. Porter did not think the City could require upgrading of the building, because they are not required to get approvals to use the building. Mr. Trevino stated the building is presently in the C-1 Zone. Mr. Crowe, Butterfield Surveys, stated that it was his understanding of the Building Code, that when a use change occurs in a residence to a commercial use even though the zoning is in order, that a building must be brought up to commercial standards. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE RECOMMENDATION OF THE DIRECTOR, SUBJECT TO A CONDITION THAT ANY SIGNS TO BE PLACED ON THE PREMISES BE APPROVED BY DESIGN REVIEW BOARD BECAUSE OF THE PARTICULAR NATURE OF THE PROPOSED USE AND THAT THE BUILDING DEPARTMENT BE DIRECTED TO LOOK INTO THE UPGRADING THAT MAY BE REQUIRED AND THAT NO BUSINESS LICENSES BE ISSUED UNTIL THE REPORT IS BROUGHT BACK TO THE COUNCIL. Louie Mitchell stated there will be one sign where the Building Commissioner will say its official.There will be no signs painted on the walls of the house or the side, and the color of the house will remain the same. .... COUNCIL CONCURRED TO BREAK AT 10:27 P.M. COUNCIL RECONVENED AT 10:35 P.M. M3 . Page eight 'Clty Council Minutes April 12, 1983 BUSINESS ITEMS - Continued. 57. Melvin Garrison request for use of Frontier Street for Soap Box Derby Mr. Trevino stated he recommends the Council hold-over this item for further information and answer any questions that may arise and come back to the City Council. The request is for use of Frontier Street for a Soap Box Derby Race on July 4, 1983, and to use Frontier Street for practice sessions on at least two other occasions to be decided on by April 12, 1983. Since the request is very limited in information and, a whole host of problems could arise were a decision to be made tonight. Some of the problems that the City Engineer and the Community Development Director foresee deal with the height of the summer season (July 4th), closure of streets during that period and potential liability. Mr. Unsworth suggested staff investi~ate alternate routes. Mr. Trevino will place this on the next City Council Agenda. ,.--. ~ ~ ~ ~ Q Q MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION, TO HOLD-OVER FOR FURTHER INFORMATION, BECAUSE THIS IS A PROJECT FOR THE YOUTH AND SOMETHING THAT SHOULD HAPPEN, STAFF IS TO WORK WITH THE GROUP. 58. Alley Improvement between Davis Street and Townsend Street, West of Davis Street Mr. Rubel reported that staff recommends approval of the City participating in the cost of paving one-half of the 17-1/2 foot wide alley, for a distance of 150 feet; and the City Council to indicate if they desire to remove the trees on the south side of the alley along the side of the first 50 foot wide lot. ----- Mr. Knight indicated he would not like to see the trees removed and felt that 14.5 feet of alley would be adequate for service trucks and fire trucks. Mr. Torn stated he had a problem with the city being involved in the alley improvement when the streets are in need of repair. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE CIJY COUNCIL DOES NOT GO ALONG WITH THE STAFF RECOMMENDATION, BUT WOULD ENCOURAGE THE PROPERTY OWNERS TO HAVE AN OWNER-SUPPORTED TYPE OF PAVING AND COME BACK TO THE CITY COUNCIL. 59. Railroad Canyon Road Improvement Mr. Rubel reported that the State FAU program representative and Harry Schuler of the County Transportation Commission are convinced that Lake Elsinore should re-schedule all their five year FAU grant funding for reconstructing a portion of Railroad Canyon Road this 83-84 fiscal year, in the amount of $158.000. When preliminary plans and a cost estimate are ready, a formal application can be made to the State for release of FAU grant funding. The application will be brought to the City Council prior to submittal. The estimated cost to the City to prepare plans and specifications is $12,000. The tentative completion date for the work is November 30, 1983. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO: 1) AUTHORIZE A REVISION TO THE COUNCIL APPROVED PLAN FOR EXPENDITURE OF LAKE ELSINORE FIVE YEAR FEDERAL AID URBAN (FAU) FUND ALLOCATION, IN THE AMOUNT OF $12,000, AND 2) AUTHORIZE THE CITY MANAGER TO PROCEED WITH PREPARATION OF PLANS AND SPECIFICATIONS FOR RECONSTRUCTION OF RAILROAD CANYON ROAD AND TO ENTER INTO THE NECESSARY CONTRACTS AS PRO- POSED. tj4 . . P.age ni ne City Council Minutes April 12,1983 BUSINESS ITEMS - Continued. 60. Proposals for Storm Drainage Improvement Plans - Lakeshore Drive, north of Riverside Drive to County Line. Mr. Rubel reported the City entered into an agreement in 1980 with Petro1ane Inc. and Petrolane Properties Inc. to delay storm drainage improvements until such time as the Riverside County Flood Control and Water Conservation District installed their 81" Storm Drain Facility. The City will not bear any cost to prepare the plans and supporting documents nor will the City pay for the construction of said storm drain. All payments will be made by Petrolane Properties Inc. Staff recommends that Council authorize staff to obtain proposals for the preparation of improvement plans and specifications and the studies needed for identification of the reimbursement area and the benefit. - MOVED BY MAC MURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO OBTAIN PROPOSALS FOR THE PREPARATION OF IMPROVEMENT PLANS AND SPECIFICATIONS, AND THE STUDIES NEEDED FOR IDENTIFICATION OF THE REIMBURSE- MENT AREA AND THE BENEFIT. 61. Agreement between City of Lake Elsinore and Riverside County Flood Control and Water Conservation District for Plan Checking Services. Mr. Rubel reported that cities within the County of Riverside utilize the Riverside County Flood Control and Water Conservation District staff to provide the expertise to identify potential flood hazard conditions that may exist or be created by the proposed developments and to suggest solutions to the problems. At this time the City of Lake Elsinore has no Master Plan of Storm Drains and it is felt by staff that this will lay the ground work for future studies by Riverside County for the City of Lake Elsinore. There is no financial impact to the City. All fees will be borne by the landowner/ developer as established in the fees set by the Riverside County Flood Control and Water Conservation District. Mr. Torn- asked what the impact would be on the city's processing time. - Mr. Rubel stated he did not feel it would hold up any developers and Mr. Riley stated that the average turn-around time for the city in processing plans is 45 days, the County's turn-around time is 30 days. Mr. Torn asked questions regarding the proposed fee schedule and stated if there are costs which exceed the proposed fees, that staff bring back a revised schedule. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE THE SIGNING OF THE AGREEMENT AND ADOPT THE FEE SCHEDULE AS PRESENTED FOR THE TIME BEING. Mr. Porter suggested that staff bring back to the City Council a resolution establishing these fees or such fees as the City is going to adopt. This way the City will be able to include in its fees any overhead administrative charge of forwarding and receiving maps. 62. Water Well Report Mr. Rubel reported that the water analysis on the recently approved Water Well Project indicates presence of excessive iron and manganese. The major issues to be evaluated in connection with the City Well Development are: 1) Water treatment needed and the cost, 2) Connection into existing distribution system, pipe extensions needed and the cost; 3) Cost of pump and motor unit needed for the permanent operation of the well and discharge into the City system; and 4) Well site improvements proposed and the cost. Staff feels strongly that the iron and manganese problem will not persist and that after pumping for a period of time, the concentration of these two constituents will fall within the allowable limits. - Mr. Knight felt that to get the well into full operation would be too high a 'cost to pay. Mr. Torn felt that to find out if the iron and manganese concentrates could be reduced would only be $2,500. If the concentrates can be reduced then the estimated cost to install permanent pump and motor unit and improve the well site would be $50,000, in addition to the cost of well construction. M:l P.age ten City Council Minutes April 12,1983 BUSINESS ITEMS - Continued. 62. Water Well Report - Continued. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED TO AUTHORIZE THE CITY MANAGER TO ACQUIRE AND INSTALL A TEMPORARY SMALL PUMP IN THE CITY WELL TO PROVIDE ADDITIONAL WATER QUALITY MONITORING WITH A COST NOT TO EXCEED $2,500. Counci1member Knight voted no. 63. Location of City Hall Base Station for Communication Radios Mr. Rubel recommended the Council approve the relocation of radio base station from the City Clerk's Office to the Engineering Office. The Engineering office is a more central location since the Public Works Director, Engineering and Building staff must continually communicate with their field staff. There will be a minor cost to extend control wires from the City Clerk's Office to the Engineering Office. .oX) l'- l'- '~ Cl o MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RELOCATION OF RADIO BASE STATION FROM THE CITY CLERK'S OFFICE TO THE ENGINEERING OFFICE. 64. Water Rate Revision. Mr. Ronnow reported that based on the continued uncertainties of the water fund, staff feels that some action should be taken to improve the condition of the water fund and alleviate the potential burden on the General Fund for next year. An area study was performed of seven (7) area agencies comparing residential and larger meters. The increase would amount to approximately 29% to the residential users with a net increase of 21% to 22% in revenue next year. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO PROCEDE WITH WATER RATE REVISION FOR RESIDENTIAL USERS, BASED ON AREA AVERAGES AND SCHEDULE A PUBLIC HEARING AS SOON AS POSSIBLE. Mr. Carter stated he did not see the issue of wholesale rates from Elsinore Valley Municipal Water District. Mr. Carter feels the City is getting short-changed because other businesses are also getting the wholesale rate. Mr. Carter felt the City should be utilizing the wells in the lake to get water. Mr. Unsworth asked Mr. Carter who owns the wells. Mr. Carter stated the State of California owns the wells. Mr. Unsworth asked staff to look into seeing if the State wells are available to the City. 65. Landscaping and Lighting Assessment District Mr. Steel reported the City Council has at times expressed interest in forming a Landscaping and Lighting District to pay for street lighting and related costs. All new tract maps are conditioned with the requirement that the developer establish a Landscaping and Lighting District. Staff recommends the Council authorize staff to select a consultant engineer to form a Landscaping and Lighting District. - MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO SELECT A CONSULTANT ENGINEER AND BRING THIS ITEM BACK TO CITY COUNCIL AT THE NEXT MEETING. 66. Time Extensions for Tentative Tract Maps Mr. Trevino reported the City Attorney has drafted ordinances regarding changes in State law whichallow the City to provide longer extension periods for tentative tract maps. Mr. Porter discussed' this matter with both Planning and Engineering Departments and, the Staff recommends that the expiration periods and extension periods be the same for tract maps and for parcel maps, and that the expiration periods be 36 months with extensions not exceeding 24 months. Mr. Torn stated he would like to see the expiration period be 24 months and the extensions not to exceed 36 months. This would give the City more flexibility in adding new conditions of approval, if needed, on expiring maps. Council concurred to have the City Attorney bring the item back to Council. ~ti Rage eleven . City Council Minutes April 12, 1983 BUSINESS ITEMS - Continued. 67. Change in Existing Cardroom Ordinance Mr. Trevino stated he has been asked by the Mayor to submit to the Council suggested changes in our existing cardroom ordinance. Specifically, some of the changes deal with the language regarding the issuance of some licenses, i.e.: inhabitants as opposed to registered voters. Some other changes deal with the fees and requirements pertaining to hotels and motels. Staff feels that based on the fact that such an important change as this needs special attention and handling, it is staff's recommendation that we be ... allowed to conduct a complete study with the assistance of the City Attorney and return back to the Council. Mr. Unsworth recommended that while this study takes place, a study session be held on it. Council concurred to set a study session after the April 20th, Redevelopment Agency Meeting at 7:00 p.m. 68. Ordinance No. 668 - Second Reading. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 668. ORDINANCE NO. 668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 13.09.015 TO THE LAKE ELSINORE MUNICIPAL CODE PROVIDING FOR A PROCEDURE AND CHARGE IN THE EVENT WATER SERVICE IS RE-ESTABLISHED WITHOUT AUTHORIZATION. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 668. Av"ES :- KNIGHT, MAC MURRAY, TORN, UNSWORTH NOES: NONE ABSENT: VALENZUELA, - 69. Butterfield School Construction/Cooperation with Elsinore Union Schoo~ District. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE ITEM TO 7:00 P.M. ON APRIL 20TH, 1983, WHEN THE CITY COUNCIL MEETING IS ADJOURNED. PUBLIC COMMENTS Ken Staller, 32767 Stoneman Street, Lake Elsinore, Co-Chairman of the Lake Elsinore Interest League, which is opposing the proposed location of the Regional Sewer Treatment Plant. Mr. Staller stated a petition was given to the Elsinore Valley Municipal Water District with over 4,000 signatures which suggested a relocation site for the Sewer Treatment Plant. It was suggested to use the present sewer treatment site which is serving Lake Elsinore and transport the effluent to -the north side of the freeway at Nichols Road, which would make a beautiful golf course. Mr. Staller stated he would like the City's support in bending E.V.M.W.D. in their site location. The group is presently pursuing recall of the E.V.M.W.D. Board Members unless they come up with a new site location. REPORTS AND RECOMMENDATIONS .... Mr. Trevino reported he has received a letter from the Elsinore Valley Municipal Water District informing us that they have instructed Montgomery Engineers that the District was terminating participation with reference to the project. This would be effective May 8th, in the event the City of Lake Eslinore has not chosen to contractually participate in the project. They would like a formal signing ceremony by April 15th. LV.M.H.n. has sent the City an ordinance they would like the Council to adoptcbarging $1,400 for hook-up fees. ~ r-- r-. '-;) Q o - tjl' Page twelve City Council Minutes April 12, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Torn stated the City is participating in the capacity of the plant, the grant funding not only includes the capacity in the plant, but also the collection system to get the sewage from Lakeland Village to the plant. Mr. Torn cannot see the City paying to move sewage from the County area to the plant. Mr. Trevino stated he has received a telephone call from Mr. John Brown, Attorney for E.V.M.W.D., and he will be in to discuss the scope of the operation with him. The issue of the fees for the plant needs to be discussed along with the nomination of five people to the Blue Ribbon Committee in order to review alter- native sites for the location of the sewer plant. Mr. Unsworth clarified that the $1,400 hook-up charge is proposed for the additional one million gallon plant. Each item will be discussed separately by the City Council. Signing of the contract with Elsinore Valley Municipal Water District. Mr. Torn stated the Council determined that Mr. Unsworth and himself would sit on a committee with representatives from the Water District and Supervisor Abraham, and the main intention was to report back to the Council, with the Council to make decisions. Mr. Torn stated the letter which was received from the Water District was in very strong language and stated if the City does not sign by April 15th, then the Water District will tell the Engineers to terminate the project. Mr. Torn felt the Council needs to sit down with Dwight French and with Gene Nazarek to find out what the City's involvement through the contract will mean. Mr. Torn felt a study session is needed prior to the signing of the contract. Council concurred to have Mr. Dwight French continue reviewing the contracts and to be ready to meet at 6:00 p.m. on April 20th, to bring the Council up to date on the entire issue. Mr. Torn felt the Council should establish if and when they desire additional capacity with regard to the Water District request that the City adopt the $1400 hook-up fee for the additional million gallon plant. ~k. Unsworth asked the Council to appoint one citizen individually to the: Bl ue Ribbon Committee. The Councilmembers should give the names to Mr. Trevino. Mr. Trevino voiced concern over the Sewer Plant issue and feels the City has not been given adequate information. Mr. Trevino stated that Mr. Brown felt that if the plant is not built it would have negative impacts on the Valley. Ms. Harrington reported if the Council is desirous of placing any items on the November Ballot the deadline would be August 2nd. The City Attorney and City Clerk will be working together on deadlines for arguments and analysis before that time. Mr. Ronnow asked the Council to set the first budget study session for April 28th, at 7:00 p.m. Council concurred. Mr. Knight asked that the grass in the City Park which is being renovated, should be cut down. Mr. Knight suggested the City look into advertising in the form of signs on the buses, taxi cabs and wondered if the local businesses would be in favor of this without making the buses disgraceful. Mr. Torn asked if the Council would be directing staff to put this on the L.E.T.S. agenda and researching it to look into advertising as a revenue generator to also look at a way to enhance ridership, through an exchange of books of tickets for instance, that the merchants might hand out. Council concurred to have staff research the matter and bring it back on the L.E.T.S. agenda. Mr. Knight read a letter addressed to Ms. Valenzuela from the Riverside County Planning Department regarding the West Riverside Landfill Feasibility Study. Mr. Richards, Deputy Planning Director, felt the needed information for the April 27th meeting could not be compiled by that time and has requested a continuance to June 1, 1983. It is anticipated that the hearing will be automatically continued on April 27th to June 1,1983. Mr. Knight reported that Ms. Valenzuela stated there will be a public hearing in May concerning the landfill. fj~ Page thirteen City Council Minutes Apr ill 2, 1 983 REPORTS AND RECOMMENDATIONS - Continued. Mr. MacMurray asked if staff is on top of the fee collecting from Rightway Chemical. Mr. Trevino stated he has not worked on the item, but will be meeting with Mr. Rubel to discuss it. Mr. Torn stated he has been made aware of a LAFCO hearing on Thursday and the four water districts in the area have been invited and believes the City has not been invited regarding creating spheres of influence for water and service provisions. Mr. Torn felt the City should be represented by staff at the meeting, and LAFCO should be made aware even though the City is not a water district, the City is in the water and sewer business. - Mr. Torn stated the Tire business on Collier has added more signs claiming a 50% off sale. Mr. Torn asked if there is a way of eliminating the business. Mr. Porter stated he has talked to the Code Enforcement Officers on the problem and it appears that they are properly zoned and suggested they look into the General Plan designation for the area to see what the proposed zoning would be for the area, so that some type of amoritization period could be provided to get it out as a non-conforming use in the future. Mr. Torn stated the Downtown Revitalization has not met in some time and asked staff to find an early date in May and schedule a time. Mr. Torn reported from time to time there have been discussions on establishing a Congress of Local Governments to include the two water districts, two school boards, Park and Recreation District and the County. This would be for long-range planning on different items and he would like something scheduled before summer starts, on a quarterly basis, starting in May. Mr. Torn will be bringing back some ground rules for a meeting in May. Mr. Unsworth reported that there will be a meeting on Saturday at 10:00 a.m. at Butterfield School regarding the flooding of the lake. State and Federal legislators have been invited. Mr. Cook has requested a City bus at 11 :00 a.m. on Saturday at Butterfield School to take the group of legislators on a tour around the lake. Mr. Porter stated the liability to the City would be no different than if the bus was on a regular route. Mr. Trevino stated this could be handled administratively with the L.E.T.S. Chairman. - ADJOURNMENT MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 12:30 A.M., TO APRIL 14TH AT 7:00 P.M. j!J, 1~~ J HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ~~~~ A~~ ~ D--BDRAH A. --HA ~~ N, C !TV - - -RK .. ..... ~~ MINUTES CITY OF LAKE ELSINORE ADJOURNED CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, APRIL 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * r- i CALL TO ORDER The Adjourned Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:06 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE ~ r. CLOSED SESSION REGARDING PERSONNEL t-- ,-. ~ The City Council announced that six (6) candidates have been selected for ~ interviews for the position of City Manager. ADJOURNMENT MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AT 9:55 P.M., TO APRIL 20, 1983, AT 6:00 P.M. ,~- ATTEST: ~d.c/d~~~ /' BO AH A. HAR NG ON, CI CLERK - ~o CITY OF LAKE ELSINORE ADJOURNED, ADJOURNED CITY COUNCIL MEETING WEDNESDAY, APRIL 20, 1983 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Adjourned, Adjourned City Council Meeting was called to order at 6:15 p.m. by Mayor Unsworth. ROLL CALL --' PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Interim City Manager Trevino, Attorney Gene Nazarek and Dwight French from M.S.I. BUSINESS ITEMS 1. Wastewater Treatment Plant Gene Nazarek stated that he felt there was no need for an Executive Session at this time. Dwight French representing M.S.I., reviewed the agreement prepared by Best, Best and Krieger for the Elsinore Valley Municipal Water District. He stated that some of the firm understandings he thought were reached at the recent meeting between the City and the District were not apparent in the agreement. Mr. Nazarek pointed out that this is a very complex, long-term (30 Year) contract involving overlapping areas of authority between Elsinore Valley Municipal Water District and the City. Definite obligations and rights of each Agency must be clearly defined within this agreement. Certain procedures must be established now, in anticipation of future growth and to avoid potential problems. - Mr. Torn commented that there is still a great deal of opposition to the pro- posed location of the plant at Scales Way and Grand Avenue. There have been several meetings and pub~ic workshops for the purpose of discussing the site. A Blue Ribbon Committee has been appointed to study and recommend alternate site locations. He felt that an agreement could not be signed until the actual site is finalized. Dwight French stated there is a section in the agreement which has not yet been completed, which requires the establishment of an Advisory Committee to manage and enforce the agreement. This committee will consist of two members of the City Council and two members of the Elsinore Valley Municipal Water District Board and would meet quarterly to resolve issues and make recommendations to their respective Boards. Mayor Unsworth suggested the committee include the First District Supervisor. Mr. Nazarek advised that, as the agreement is written, the City has no control over various costs which they are expected to share, such as administrative costs, District consultant fees, expenses related to claims and law suits and expenditures associated with District employee error. He suggested that the District be required to prepare an annual budget for City approval. The group concurred that the agreement needed considerable revision. Dwight French and Gene Nazarek will rework the agreement and bring it back to the Council for review after the necessary changes have been completed. ... 2. Baseball Fees - City Parks Mr.Unsworth"commented that there is a need to determine the fees to be charged to local groups for the use of baseball facilities at city parks. Little League as well as adult leagues are scheduling the fields for the current season and need to work out their budgets. Mr. Torn suggested that we investigate what the local schools charge for their facilities and use that as a guide. ~l Page two Adjourned, Adjourned City Council Minutes April 20, 1983 2. Baseball Fees - City Parks - Continued. Mr. Trevino stated that he would determine the costs of lighting and main- tenance and develop an hourly rate for usage. He informed the Council that these figures should be available later this week. ---- 3. City Manager Position Mr. Unsworth reported that letters were sent to five of the applicants for this position, informing them that they were being considered and inviting them to arrange an interview. At this time, only one of the applicants has responded. Mr. Unsworth requested authorization to send out letters to seven additional applicants. Council concurred. 4. Ultra-Lite Fly-In ;X) r-- l"- !~ C:l o Mr. Trevino stated that he had received a request from Edward Snyder to hold an Ultra-Lite Fly-In which is scheduled for April 24 and 25. Approximately two to three thousand people are expected to attend the event. He stated the request came in very late and he felt the owner of the Ultra-Lite park should have applied for an additional CUP as this is not a normal business activity. The existing Conditional Use Permit under which the business is operating does not cover special events. Mr. Porter has stated that no special permission is necessary, that the event is covered by their existing license. Mr. Torn stated he felt Council should have been given advance notice on a special event such as this. Ms. Valenzuela stated that due to recent flooding, the ultra-lite facility has been moved to another location which is different from the one covered by their existing Conditional Use Permit. Under the circumstances, she feels a special permit should have been requested well in advance of this event. However, she does feel that Council should abide by the recommendations of the City Attorney. Moved by Torn, seconded by Valenzuela to deny the request for an Ultra-Lite Fly-In due to flooding of approved place of operation. (Motion Failed) AYES: TORN NOES: KNIGHT, MAC MURRAY, UNSWORTH, VALENZUELA ADJOURNMENT MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 7:43 P.M. l-f,-- ..$. f L~~/t;'-C>'/~ HN G. UNSWORTH, MAYOR ATTEST: - N~~~~ o H A. HARRINGT N, CIT ERK Respectfully Submitted, Jo Ann Money Recording Secretary ~2 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 26, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:37 p.rr 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, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, Finance Director Ronnow and Senior Administrative Assistant Steel. PRESENTATIONS AND PROCLAMATIONS Mr. Torn presented Ann Corrico with a Nursing Scholars~ip through the Alfred Korn Memorial Fund. CONSENT CALENDAR MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: - A. Regular Meeting - April 12, 1983, approved as presented. B. Adjourned Regular Meeting - April 14, 1983, approved as presented. 2. Building Department Activity Report - March, 1983: Received and filed. 3. Annual Frontier Days Parade Route - May 28, 1983 - Chamber of Commerce: Approved. 4. Permission to Serve Alcoholic Beverages in Community Center - May 28, 1983: Approved request of Valley Volunteer Firefighters. 5. Use of City Park on May 1,1983 - Noon to 7:00 p.m.- S.O.M.I. (Sociedad de Obreros Mexicano Ind~) Approved use of the Park without the consumption of beer. 6. Waiver of Fees for Use of Community Center - Concerned Citizens for Education: Approved waiver of fees for April 28, 1983, from 7:00 p.m. to 8:30 p.m. 7. Sidewalk Sale - 106 North Main Street - California Fashions: Approved request to hold sidewalk sale on April 30, 1983, from 8:00 a.m. to 5:00 p.m. 8. Required Resolution for Supplement No.8 to Local Agency-State Agreement No. 08-5074: Adopted Resolution No. 83-22 and authorized City Manager to execute and sign documents relative to Supplement No.3 to the Local Agency-State Agreement No. 08-5074. ..- 9. Resolution authorizing submission of application to the State for reimbursement for repair of flood damaged public facilities: Adopted Resolution No. 83-23, appointing an applicants agent to complete and file an application for reimbursement of cost for permanent restoration of storm damage to publicly ~wned property under the State of California Natural Disaster Assistance Act. 10. Outflow Channel Properties/Deed Acceptance: Council accepted a Grant Deed from Aurelio Lavin and E. V. Lavin for Parcel No. 374-162-011-3. 93 Page two City Council Minutes April 26, 1983 CONSENT CALENDAR - Continued. 11. Claim No. 83-4 (Gilchrist): Council rejected the Claim and referred it to the City Attorney. Council rejected the Claim and referred it to the City 12. Claim No. 83-5 (Madden): Attorney. ----- 13. Claim No. 83-6 (Swalve): Attorney. ~ ~ ~- 16. ~NDA ~ ----- ..... Council rejected the Claim and referred it to the City 14. Redevelopment Project II: Adopted Resolution No. 83-24 consenting to a Joint Public Hearing with the Redevelopment Agency of the City of Lake Elsinore to consider the proposed Redevelopment Plan and an Environmental Impact Report for the Redevelopment Project. YGAD Walkathon - Request to use Community Center as Check-point: Council approved request for April 30, 1983, subject to applicant's submitting a route of the event to the Sheriff's Department and City Engineer. 15. Outflow Channel Properties/Deed Acceptance: MOVED BY VALENZUELA, SECONDED BY TORN TO ACCEPT GRANT DEED FROM JAMES L. & DORIS A. KLOCK AND VIVIAN STEWART & FAYE TRAVIS. Mr. Carter asked staff to explain the nature of items 9 through 13. and Mr. Steel explained those items to Mr. Carter. Mr. Porter PUBLIC HEARINGS 31. Lakeshore Overlay District Ordinance Mr. Trevino reported that the Planning Commission would like to discuss the Lakeshore Overlay Ordinance in a Study Session to make changes to the ordinance. Mr. Trevino asked the Council to open the public hearing and continue it until such time the Planning Commission has had adequate time to study the matter and bring it back to the Council. Mayor Unsworth announced this was the time and place for a public hearing on the proposed Lakeshore Overaly District Ordinance. Mr. Trevino reported that the Lakeshore Overlay Ordinance is all encompassing and the location would be Lakeshore Drive right-of-ways southwesterly to the elevation of 12401 Mean Sea Level from Lucerne northwesterly to Iowa. The purpose of the ordinance is to insure that properties at that level are kept in clean and orderly conditions and to put development standards on the district. The City Clerk stated there were no communications received on the Ordinance. Mayor Unsworth opened the public hearing at 7:46 p.m. asking those in favor of the Ordinance to speak. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the Ordinance. Herbert M. Houghtaling, 31176 Nebraska Street, stated at the present time the overlay only goes to Iowa and it would leave a 200 foot strip, 100 feet on the westerly side of Iowa and 100 foot strip on the easterly side of Nebraska that will not be covered in the ordinance. Mr. Houghtaling felt the ordinance would mainly help the Holiday Park. and Iowa Street is blocked off by a ditch on Lake- shore Blvd. and his property on Nebraska Street is unaccessible because the road is also blocked off to keep people out of Holiday Park. Mr. Houghtaling asked the Council to look to:.see where the streets are going to be and what the property owners are going to do in the area. Patricia Harris, 308 West Street, Anaheim, speaking on behalfof the property owner of 17665 Lakeshore Drive, stated for the past two years they have been keeping the property clean and without gates it is hard to keep people off the property. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THE PUBLIC HEARING. 94 Pa'ge three City Council Minutes April 26,1983 PUBLIC HEARINGS - Continued. 32. Zone Change 83-1 - Harmatz/Burkhart: Rezoning 16~ Acres from R-l (Single-Family Residence) to M-l (Limited Manufacturing) Zoning District. NE of Chaney and Flint. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for Zone Change 83-1 to rezone sixteen plus acres from R-l to M-1 located northeast of Chaney and Flint Streets. Mr. Trevino stated the Planning Commission recommends approval of the zone change subject to six conditions. The applicants are requesting the zone change south of ... and adjacent to the Temesca1 Channel immediately east of Chaney Street. The area is delineated on the General Plan as "Limited Industria1" and "Flood Way Fringell. The proposed project is within the boundaries of the Redevelopment Project Area and is receiving assistance from the Redevelopment Agency. The City Clerk stated no correspondence had been received on Zone Change 83-1. Mayor Unsworth opened the public hearing at 7:57 p.m. asking those in favor of Zone Change 83-1 to speak. Terry Schuck. 32910 Lillan, spoke in favor of the zone change with an additional condition that the vacation of the portion of Flint Street to Harmatz be returned to the city because of the alignment of Flint Street and Silver Street. Mr. Schuck stated he owns the property to the south and east of the project. Mayor Unsworth asked those in opposition to the zone change to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:01 p.m. Mr. MacMurray asked staff what the width of the street is. Mr. Rubel stated the road has a 66' right-of-way and feels there is not a problem with designing the street within the existing right-of-way. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 83-1, SUBJECT TO THE FOLLOWING CONDITIONS: - 1. SUBMITTAL OF AN ACCURATE LEGAL DESCRIPTION FOR THE PROPERTY TO BE ZONE CHANGED. 2. ADOPTION OF ORDINANCE FOR ZONE CHANGE. 3. PROPOSED ZONE CHANGE WILL NOT PROHIBIT THE LOCALITY FROM PROVIDING REQUIRED OR NECESSARY HOUSING WITHIN THE COMMUNITY. 4. A FINDING OF CONFORMITY TO THE GENERAL PLAN. 5. A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT. 6. ISSUANCE OF A NEGATIVE DECLARATION. 33. Industrial 83-1 - Harmatz/Burkhart - 45,000 Square Foot Manufacturing Building and accompanying facilities. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for an Industrial Project No. 83-1 for,a 45,000 square foot manufacturing building and accompanying facilities located off Flint Street near Chaney Street. Mr. Trevino reported the Planning Commission recommends approval of Industrial 83-1, subject to 17 Planning Commission conditions and 7 Design Review Board conditions. .... The City Clerk stated no correspondence had been received regarding the Industrial Project #83-1. Mayor Unsworth opened the public hearing at 8:05 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 Industrial Project. No one asked to speak. Mayor Unsworth closed the public hearing at 8:06 p.m. Mr. Knight asked if Planning Commission Condition #6 referred to the sewer system or septic system. Mr. Rubel stated it would be septic system and felt there would not be any problems with it functioning properly. N:J Page four City Council Minutes April 26, 1983 PUBLIC HEARINGS - Continued. 33. Industrial 83-1 - Continued. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE INDUSTRIAL 83-1 AS RECOMMENDED BY THE PLANNING COMMISSION WITH AN AMENDMENT TO CONDITION 1 TO READ: DEDICATION ALONG FLINT STREET AS REQUIRED BY CITY ENGINEER AND THE FOLLOWING ADDITIONAL CONDITIONS: 18. DEDICATION OF ALL WATER RIGHTS OF THE SUBJECT PROPERTY TO THE CITY OF LAKE ELSINORE. 19. CONSENT TO THE FORMATION OF A LIGHTING AND LANDSCAPING DISTRICT. 20. REQUIRE UNDERGROUNDING OF ALL UTILITIES FROM STREET TO PROJECT. 34. Tentative Parcel Map 17616 - California Property Exchange - 11 acres east of the San Jacinto River, west of Railroad Canyon Road and north of Interstate 15. Mayor Unsworth announced this was the time and place for a public hearing on Tentative Parcel Map 17616 for California Property Exchange. Mr. Trevino reported staff recommends approval of Tentative Parcel Map 17616 subject to the conditions delineated at the Planning Commission level on April 19, 1983. ~ t-- l"'- '-:> Q o The City Clerk stated no correspondence had been received regarding the Tentative Parcel Map #17616. Mayor Unsworth opened the public hearing at 8:15 p.m. asking those in favor of the Tentative Parcel Map to speak. - Fred Crowe, Butterfield Surveys, representing the applicant, spoke in favor of the Map subject to the conditions as proposed by the Planning Commission. Mayor Unsworth asked those in opposition to the Tentative Parcel Map to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:16 p.m. Mr. Torn expressed concern that if all the conditions were not placed on the project at this time, the lots could be sold off individually and the improvements would not be made. Mr. Porter stated if the lots were sold individually and the conditions were not placed on the project now, the city may not have another opportunity to see that these conditions are attached to the property. Mr. Torn asked if some of the conditions deleted by the Planning Commission can be included as conditions of approval of the City Council and be required to be installed at building permit stage. Mr. Porter stated they could be agreements that would be recordered. Discussion was led by the Council on the staff and Planning Commission conditions of approval. - MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE PARCEL MAP NO. 17616 WITH TEN (10) CONDITIONS AS PRESENTED WITH CONDITION #13 TO BE INSERTED TO PAY PUBLIC SAFETY IMPACT MITIGATION FEES AS DETERMINED BY RESOLUTION NO. 83-4 AT BUILDING PERMIT STAGE; CONDITION #8, TO MEET ALL RE- QUIREMENTS OF THE COUNTY FIRE DEPARTMENT FOR FIRE HYDRANTS AND PLANS TO BE SUB- MITTED AT BUILDING PERMIT STAGE AND CONDITION #20, DEDICATION OF ALL WATER RIGHTS TO THE CITY OF LAKE ELSINORE. 35. Commercial 83-2 and Conditional Use Permit 83-5 - Wally McGowan: Construction of Coin-Operated Carwash at the Northwest Intersection of Riverside and St. Charles Place. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for Commercial 83-2 and Conditional Use Permit 83-5 for construction of a coin-operated carwash at the northwest intersection of Riverside Drive and St. Charles Place. Mr. Trevino reported the Planning Commission recommends approval of the project subject to eleven (11) Planning Commission conditions and seven (7) Design Review Board conditions. ~ti Page five City Council Minutes April 26, 1983 PUBLIC HEARINGS - Continued. 35. Commercial 83-2 and Conditional Use Permit 83-5 - McGowen, Continued. The City Clerk stated no correspondence had been received on the project. Mayor Unsworth opened the public hearing at 8:32 p.m. asking those in favor of the Commercial Project and Conditional Use Permit to speak. Wally McGowen, 9531 Valente Drive, Huntington Beach, applicant for the project, offered to answer any questions of the Council. Mayor Unsworth asked those in opposition to the Commercial Project and Conditional Use Permit to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:32 p.m. .... Discussion was led on the Caltrans required improvements to be done and the length of time it will take Caltrans to make a determination on the project. The City Attorney stated this could be covered in the form of an agreement for the installation of improvements which staff would be authorized to enter into and the applicant would have the right of appeal to the City Council if staff denies. Mr. Knight felt concern that the applicant should be required to design drainage around the project at St. Charles Place and this requirement should be in the form of a condition. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-5 AND COMMERCIAL 83-2 SUBJECT TO THE ELEVEN (11) PLANNING COMMISSION RECOMMENDATIONS AND REINSTATE CONDITION FOR APPLICANT TO SIGN AGREEMENT FOR PARTICIPATION IN FOUR-CORNERS SIGNALIZATION PROGRAM: STAFF TO HAVE DISCRETION TO ENTER INTO AGREEMENT FOR CALTRANS RIGHT-OF-WAY: APPLICANT TO BE REQUIRED TO SOLVE DRAINAGE PROBLEM AT ST. CHARLES AND FRASER STREETS AND SEVEN (7) DESIGN REVIEW BOARD CONDITIONS AS LISTED. Council recessed at 8:41 p.m. and reconvened at 8:54 p.m. .... BUSINESS ITEMS 51. Report on Changes in Existing Cardroom Ordinance Mr. Torn stated this item has come before the City Council previously and felt the revisions should have been discussed at a Study Session and staff was to present a packet of ordinances from other cities. Mr. Torn made a motion to hold a study session with staff to present a packet of ordinances of other cities. Motion died for lack of a second. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED TO MOVE STAFF RECOMMENDATION TO DENY CHANGES IN THE CARDROOM ORDINANCE. MAYOR UNSWORTH VOTED NO. 52. Business License Request - 1507 W. Lakeshore Drive - Change in Use of Structure. Mr. Frazier reported the Council approved the Business License Request for a Palm Reader at 1507 W. Lakeshore Drive on April 12, 1983 with a portion of the action to have staff investigate the requirements for up-grading the structure to a commercial use from a residential use. The Uniform Building Code, Section 502, requires structures to be brought up to minimum code standards for the new use to be housed. However, under that same section, there is an exception that allows all or a portion of the structure to be reclassified, provided the new ... or proposed use is less hazardous based on life and fire risk, than the existing use. The structure is residential and shall continue to be used as residential except for one room which constitutes 10% or less area of the total structure. Due to the nature of the business to be conducted, only one customer at a time will be able to avail themselves of the services offered. Staff recommends issuance of the Business License. Mr. MacMurray asked if there would be a waiting room for customers. Mr. Frazier stated he did not address the issue of a waiting room in his recommendation, however, felt it would not change the recommendation. 91' Page six City Council Minutes April 26, 1983 BUSINESS ITEMS - Continued. 52. Business License Request - 1507 W. Lakeshore Drive - Continued. Louie Mitchell, representing the applicants, stated there will be just one person in the area at one time and if someone else comes in they will stay in a waiting area. -- MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE THE ISSUANCE OF THE BUSINESS LICENSE AT 1507 W. LAKESHORE DRIVE. COUNCILMEMBER TORN VOTED NO. .X) l"" t-- 1-:> Cl o Mr. Torn felt that if there is a change in use from a residential dwelling to a commercial use that the building should be brought up to code. Mr. Frazier stated the building will retain its R-3 status with a minor commercial rating. The Code Enforcement Officers have been notified of this and the records amended to reflect the status. Mr. Frazier stated if the building goes completely commercial, it will have to be up-graded to Code Requirements. 53. Request for Funds for Downtown Sheriff's Patrol Mr. Trevino reported that he has received a letter from Paul J. Niehouse, Sr., representing the Lake Elsinore Downtown Business Association. The Downtown Business Association is requesting $1,050.48 as the City's share for defraying the cost of the Sheriff's downtown patrol. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE DOWNTOWN BUSINESS ASSOCIATION REQUEST FOR $1,050.48 TO DEFRAY THE COST OF THE SHERIFF'S DOWNTOWN PATROL. It was discussed that the Downtown Business Association will administer the funds for the Sheriff's Patrol. 54. Flood Pr.otective Grading Agreement Mr. Frazier stated that due to the rains and flood water coming into Lake Elsinore there are a number of property owners around the perimeter of the lake that are trying to provide some protection to their improvements and investments on their properties. The Flood Plain Management Ordinances of the City at this ti"me restrict fill and grading operations. This agreement would allow property owners with substantial investments to provide some type of protection in times when the lake is on the rise in a flood stage. Mr. Frazier stated there has been dis~ cussion between the City Engineer, Senior Building Inspector, Interim City Manager and City Attorney to bring about a solution to this problem in the issuance of a grading permit, signing of an agreement, and posting of security should make the operations legal and provide for removal at such time as the City would deem appropriate. It would be up to the City to determine if there is a negative impact on neighboring properties and make the determination when they will have to remove the fill. Moved by Valenzuela, Seconded by Knight to.'approve the agreement in concept with the City Attorney to prepare another agreement in final form and bring back to the City Council. Motion failed by the following roll call vote: - Ayes: Noes: Absent: Councilmembers: Councilmembers: Councilmembers: MacMurray, Valenzuela Knight, Torn, Unsworth None Mr. Torn asked if it is the intent of staff to have the fill removed after the water has subsided. Mr. Frazier stated it was. Mr. Torn asked how will staff control how much fill will be put on the property and that we know how much fill is to be removed. Mr. Frazier stated it could be included in the agreement where it would be strictly a dike/levie situation that way we could have some visual control. Ms. Valenzuela asked if a property was above 1265'm.s.l. and the compaction was good and wanted to fill where the water was standing, what would be the difference if someone was building a house on a lot above 1265', with compaction and soil tests. 98 Page seven City Council Minutes April 26,1983 BUSINESS ITEMS - Continued. 54. Flood Protective Grading Agreement - Continued. Mr. Porter stated this is a temporary solution to a flooding problem. If fill occurs above the minimum level, it would require a grading permit and approval by the City Council. Mr. Knight asked who put up the dikes at Four-Corners and along Mission Trail. Mr. Frazier stated the Corps of Engineers put in the dikes. Mr. Kn i ght as ked what the Ci ty IS 1 i abil i ty wou 1 d be if the City permitted people to dam the lake and it caused damage to other properties along the lake. Mr. Porter stated under water law, it SgYs you can do whatever is necessary to protect your property against flood waters. The primary responsibility would be with the private property owners who took the steps. All the City is doing is controlling what they do so we have some idea what fill is going in. It is the ~tent of staff, that if the lake rises to a point to cause damage elsewhere because of the dikes, that the dikes would be removed. Mr. Porter discussed what the City's liability would be in case of a suit resulting from the approval of a dike. ..... Mr. Torn felt this was not the time to initiate this type of an agreement when the lake is on the rise,. Mr. Torn asked the Coundl for an Executive Session, based on potential Litigation at 9:49 p.m. Council reconvened at 10:05 p.m. with no action taken. 55. Conditional Use Permit 77-9 - Gynn McCawley: Mobile Home Sales, 31882 Mission Trail - Request for Renewal. Mr. Trevino recommended approval of the renewal of Conditional Use Permit 77-9, subject to 6 conditions. The City Council approved the Conditional Use Permit on November 28, 1977 subject to conditions and staff feels that if the use is to remain the site should be upgraded to reflect current area development standards. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE RENEWAL OF CONDITIONAL USE PERMIT 77-9 SUBJECT TO THE FOLLOWING CONDITIONS WITH NOTICE TO THE DESIGN REVIEW BOARD THAT THE LANDSCAPING REQUIREMENTS-SHOULD BE THE SAME AS THE CAR WASH APPROVED Av THE INTERSECTION OF RIVERSIDE DRIVE AND ST. CHARLES PLACE: 1. APPLICANT SHALL SUBMIT TO THE DESIGN REVIEW BOARD: A. EXACT PLACEMENT OF MOBILE HOMES. B. PARKING AND TURNING. C. LANDSCAPING. 2. PROVIDE A MINIMUM OF FIVE (5) PAVED PARKING SPACES AND BACK-UP. 3. ALL MOBILE HOMES TO BE FULLY SKIRTED. I 4. NEW MOBILE HOME SALES ONLY ON SITE. 5. SITE IS FOUND TO BE WITHIN TRAFFIC SIGNALIZATION ASSESSMENT AREA PER RESOLUTION NO. 83-19, APPLICANT SHALL PARTICPATE ACCORDINGLY. 6. NO STORAGE OF USED MOBILErnMES 7. PAYMENT OF PUBLIC SAFETY IMPACT FEES. 8. IF CAPITAL IMPROVEMENT FUND FEES HAVE NOT BEEN PAID, THAT THEY BE PAID AT THIS TIME. - 56. Tentative Tract No. 14558 - Request for Extension Mr. Trevino stated that Mr. Porter has researched the matter extensively and has concluded that the request for extension of time be denied. Mr. Porter stated this item was placed back on the Council agenda because the applicant was not notified of the last Council meeting. ,--. ~ ~ t-- '-:> ~ ~ - I - ~~ Page eight City Council Minutes April 26, 1983 BUSINESS IT8~S - Continued. 56. Tentative Tract No. 14558 - Continued. The Engineer of the Project, Tackaberry Engineering, asked for Council's con- sideration in speeding up the map process and waiver of fees. Kathy Carpenter, 16755 Grand Avenue, Lake Elsinore, stated she would appreciate any consideration the Council could give to the project. Discussion was led on what types of action the Council could take with Mr. Trevino suggesting Council direct staff to work with the applicant on fast- tracking the project. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE REQUEST BE DENIED AND STAFF TO FAST TRACT THE ITEMS AND TO INSURE THAT ALL FEES ARE COLLECTED. 57. Tract and Parcel Maps - Times and Extensions Mr. Torn asked if there was a fee for the time extensions and asked if the ordinance is approved for the time extension could the Council look at a resolution for the cost of the time extension. MOVED BY TORN ,SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 669 BY TITLE ONLY. The City Clerk read the title of Ordinance No. 669: ORDINANCE NO. 669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 638 AND LAKE ELSINORE MUNICIPAL CODE SECTION 16.24.160 CONCERNING TIME PERIODS AND EXTENSIONS FOR TENTATIVE MAPS. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 669. AYES: KNIGHT, TORN, MAC MURRAY, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 58. Landscaping and Lighting Assessment District Mr. Steel reported on April 12, 1983, the City Council authorized staff to interview and select a consulting engieer to form a Landscaping and Lighting Assessment District. Staff received proposals from four (4) engineering firms with expertise in this area. Based on the written proposals, oral interviews and background checks, staff has selected a consulting engineer for City Council consideration. Staff recommends approval of Ken Mullen and Associates and authorize the City Manager to negotiate a contract. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SELECTION OF KEN MULLEN AND ASSOCIATES AS CONSULTING ENGINEERS AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE A CONTRACT. Council will select a date for a study session to discuss the scope of the work at the May 10th City Council meeting. OFF-AGENDA ITEMS 59. Butterfield School Addition Mr. Steel gave background information on the Butterfield School Addition stating the School District and the City and Redevelopment Agency are working together to construct the additions for classrooms at the Butterfield Elementary School site. A complex lease-purchase agreement has been drafted and a resolution has been adopted by the Redevelopment Agency approving participation in the project. lUU Page nine City Council Minutes Apri 1 26, 1983 OFF-AGENDA ITEMS - Continued. 59. Butterfield School Addition - Continued. . This is a cooperative agreement between the City, Redevelopment Agency and School District and stands to offer a number of benefits to the citizens of Lake Elsinore. RESOLUTION NO. 83-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A LEASE-PURCHASE AGREEMENT BY AND BETWEEN THE ELSINORE UNION SCHOOL DISTRICT, AS SUBLESSEE, AND THE CITY OF LAKE ELSINORE AND THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, AS SUBLESSORS, AUTHORIZING EXECUTION OF THE LEASE- PURCHASE AGREEMENT, A GROUND LEASE AGREEMENT, AN AGREEMENT FOR COMPLETION OF CONSTRUCTION AND AN AGREEMENT PROVIDING FOR ASSIGNMENT OF CONTRACT FOR CONSTRUCTION AND RELATED MATTERS AND RELATED AGREEMENTS AND INSTRUMENTS, ALL RELATING TO THE LEASE- PURCHASE AGREEMENT. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-25. - Mr. Bartholomew, Elsinore School District, stated the initial agreements have been reviewed by John Porter, John Brown, Gene Nazarek and staff. The lending agency requires authorization to the Bank for the City to apply for the lease-purchase loans. RESOLUTION NO. 83-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO A PERSONAL PROPERTY LEASE PURCHASE AGREEMENT AND COOPERATION WITH THE ELSINORE UNION SCHOOL DISTRICT FOR CONSTRUCTION AND LEASE OF RELOCATABLE BUILDINGS PURSUANT TO 'CITY COUNCtl RESOLUTION NO. 83-25. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-26. PUBLIC COMMENTS ~ Mr. Lee Allen, 270 Avenue 9, Lake Elsinore, stated he is still waiting for an answer on an item from Mr. Trevino and stated that the road-side merchants are causing vehicle back-ups and traffic hazards. Mr. Trevino stated he will talk to the merchants about where they are parking their vehicles. Eugene Carter, 109 N. Lowell, Lake Elsinore, spoke to an article in the Sun Tribune in the Editorial Section and the Sewer Treatment Plant. REPORTS AND RECOMMENDATIONS Mr. Knight asked staff when the City will be getting a meter on the dumping facilities. Mr. Trevino stated he will be meeting with the City Engineer on the matter. Mr. MacMurray stated he would like to see the City start posting weight limits on some of the roads because of the large trucks which travel throughout the City. Council concurred. Mr. Torn stated ~'n the County area at the intersection of Lincoln and Machado there is a power pole and construction trailer and is assuming there is something going to be started there. Mr. Torn would like to make sure staff and Council knows what is going on there and try and control some of the problems that may occur there before they happen. Mr. Torn reminded the citizens that the City Council will be holding their first Budget Study Session on April 28, 1983, at 7:00 p.m. and if they would like to have input in the budget they should plan on attending the study sessions. - lUl Page ten City Council Minutes April 26, 1983 REPORTS AND RECOMMENDATIONS - Continued. Ms. Valenzuela asked Mr. Trevino if anyone has requested the code enforcement officers check the dumping behind Franklin and side streets to the Dump Disposal Site. Other problem streets are Frontier Street, Avenue 9 and Mill Street. Mr. Trevino will look into this matter. ,..--. Mr. Unsworth asked if the Council took action to put Ms. Valenzuela on the Solid Waste Management Board to be the City's representative. Council concurred to appoint Arta Valenzuela to the Solid Waste Management Board with the appropriate letter to be sent to Kay Ceniceros of the County of Riverside regarding the appoint- ment. Council directed the City Clerk to send the appropriate letter to the County of Riverside and Jerry Stewart for his volunteer efforts and the Council's appreciation. .J:) ~ t'- '-:> o ~ Ms. Valenzuela announced that there will be a hearing on June 1st at 9:30 a.m. at the Riverside Planning Commission regarding the Solid Waste Dump Site. There will be a town meeting on the Dump Site which will be announced by the next Council meeting. Mr. Unsworth stated he has received a letter from the March Air Force Base and would like the Council to make an appointment of a councilmember to the Community Council. Mr. Unsworth stated thet Mr. MacMurray has volunteered to sit on the March Air Force Base Community Council. Council concurred to appoint Mr. MacMurray to the Community Council and directed the City Clerk to send a letter of apprecia- tion to Jerry Stewart for serving on the committee. Ms. Valenzuela stated she was very pleased with the Ultra-light Fly-In which occurred on April 23 and 24, 1983 in the security and rules and regulations that were followed. All the planes were numbered at the event. --- COUNCIL ADJOURNED INTO A CLOSED SESSION AT 11:03 P.M. FOR A PERSONNEL MATTER. COUNCIL RECONVENED AT 11:37 P.M. Mr. Unsworth announced that the Closed Session was held on a personnel matter regarding overtime compensation of employees and was resolved with some money and time-off. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:37 P.M. e,-L ~ 2,t~~~ J6HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: /~#~~ DEBORAH A. HARRING N, CIT ERK - ~ - -- JU2 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:37 p PLEDGE OF ALLEGIANCE - The Pl edge of All eg i ance to the Fl ag was 1 ed by Council member Kn i ght.. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, Finance Director Ronnow and Senior Administrative Assistant Steel. CONSENT CALENDAR Mr. Trev.ino reported that Item #12 should be changed to May 24, 1983, because of escrow deadlines. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS CHANGED. 1. Minutes: a. April 26, 1983 - Regular Meeting: Approved as presented. b. April 28, 1983 - Study Session: Approved as presented. c. April 20, 1983 - Adjourned, Adjourned Meeting: Approved as presented. 2. Warrant List for April, 1983: Approved warrant numbers 168 through 253 and 18101 through 18201 in the amount of $441,619.96. 3. Grant Deeds/Outflow Channel Properties: Accepted the following grant deeds: a. AP #374-072-009 - Nathan and Laura Schulman b. AP #374-162-009 - Marquerite Ewing Cook, Evelyn Frazier, Gertrude Baker and Beatrice Davies . c. AP #374-061-010 - Teri De Sylva d. AP #377-180-008 - Joseph and Rose Novel 4. Request to use City Parking Lot on Corner of Main and Heald Streets: Approved request of First United Methodist'. Church for use of city parking lot on Saturday, May 21, 1983, between the hours of 7:00 a.m. and 7:00 p.m. 5. Request for Waiver of Fees - Frontier Days Activities: Approved request of Lake Elsinore Chamber of Commerce for waiver of all fees relating to Frontier Days Activiti es. - 6. Request to Use Community Center and Waiver of Fees: Approved request of Lake Elsinore Valley Volunteers to use the Lake Community Center on June 3 through 5, 1983 from 9:00 a.m. to 3:00 p.m. 7. Request to Use Community Center and Waiver of Fees: Approved request of Concerned Citizens for Education for use of the Lake Community Center on Thursday, May 19,1983, from 7:00 p.m. to.9:00 p.m. 8. Claim: Dave Coughlin: Rejected and referred to the City Attorney. 9. Resolution No. 83-27: Approved proclaiming May 16 through 22, 1983 as "Armed' Forces Week" in the City of Lak~ Elsinore. 10. Resolution No. 83-28: Approved proclaiming the Month of May, 1983, as Neighbor- hood Watch Month in the City of Lake Elsinore. - lU~ Page two City Council Minutes fvlay 10, 1983 CONSENT CALENDAR - Continued. 11. Animal Control Report for April, 1983: Accepted as an informational item. 12. Set Public Hearing for May 24, 1983: Conditional Exception Permit 83-3 as amended by the Community Development Director. PUBLIC HEAR INGS 31. Conditional Use Permit 83-4 - Tiffin Buck: Request to establish a Jet Ski Rental Operation south of the intersection of Riverside Drive and Lincoln Street. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Tiffin Buck for a Conditional Use Permit 83-4 to establish a Jet Ski Rental Operation located south of the intersection of Riverside Drive and Lincoln Streets, on or near the lake. ./C) r-- l"'- '-:> ~ o Mr. Trevino reported the Planning Commission recommends approval of the Conditional Use Permit subject to ten (10) conditions of approval. The Planning Commission and staff feel the project is closely aligned with "boating marinas" as a per- mitted land use. In addition, staff is of the opinion that the proposed project would be an asset for individuals seeking a recreational outlet on the lake. The City Clerk stated no correspondence had been received on Conditional Use Permit 83-4. Mayor Unsworth opened the public hearing at 7:41 p.m. asking those in favor of Conditional Use Permit 83-4 to speak. Tiffin Buck, 30150 Hollister Drive, Lake Elsinore, applicant for the project stated he does not have any problems with the conditions of approval. - Mayor Unsworth asked those in opposition to the Conditional Use Permit 83-4 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 7:43 p.m. Mr. Knight felt some concern over the hours of operation $n the morning and the possibility of waking people up. Mr. Buck stated the hours would be the same as the State Park. Paul Baccus stated the skis do not have running lights and thus would not be able to operate during the dark hours. Kay Jordon stated that last year they opened at 8 a.m. and closed at dusk. Mr. Knight stated he would like an additional condition that there be no skiing before 8:00 a.m. and will end at dusk. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-4 SUBJECT TO THE TEN (10) PLANNING COMMISSION COND ITIONS OF APPROVAL, AMENDING #4 TO READ: OPERATIONS SHALL OCCUR BETWEEN 8:00 A.M. TO DUSK. 32. Conditional Use Permit 82-10 and Commercial Project 82-6: Intercontinental Oil; Carwash Operation on Lakeshore Drive between Riverside Drive and Machado St. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Intercontinental Oil for Conditional Use Permit 82-10 and Commercial Project 82-6 for a carwash operation located on Lakeshore Drive between Riverside Drive and Machado Streets. Mr. Trevino reported the Planning Commission recommends approval of Conditional Use Permit 82-10 and Commercial Project 82-6, subject to seventeen (17) conditions of approval. The proposal was presented to the Planning Commission on November 16, 1982, continued for several meetings and denied without prejudice on January 18, 1983. The applicants submitted revised plans and additional information to the Planning Commission and on April 5, 1983, the Planning Commission recommended approval subject to conditions. The City Clerk stated two letters were received in favor of the Carwash Operation from Mr. and Mrs. Vail Sr., and Mr. Antonetti of Antonetti's Antiques. Mayor Unsworth opened the public hearing at 7:51 p.m. asking those in favor of the Conditional Use Permit 82-10 and Commercial Project 82-6 to speak. lU4 Page three City Council Minutes May 10, 1 983 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 82-10 and Commercial Project 8?-6 - Continued. Richard Fromme, 71467 Esco1ita, Rancho Mirage, reassured th~ Council that the drainage should not be a problem. The drainage and soil test was performed by a registered Engineer and was based on five times what the anticipated usage will be. The carwash will be coin-operated. Mayor asked those in opposition to the Conditional Use Permit and Commercial Project to speak. ... Mr. Pemberton, 16520 Bristlecone Street, Lake Elsinore, spoke in opposition to the Conditional Use Permit 82-10 and Commercial Project 82-6 because the soil will not permit perc 1ation claimed in the design planned and a carwash will not fi tin with a Pro fes si ona 1 /Commerci a 1 Program. Mr. Pemberton presented a soil sample from his garden showing the type of soil in the area. Mr. Pemberton explained the drainage of his garden during the rainy season. Paul Baccus, 17455 Lakeshore Drive, expressed concern about what types of products will be in the water that will be perc lating into the ground water table in his water district. Mr. Fromme stated that in the Carwashes in Palm Springs all the chemic1es are biodegradable and are approved by the Water Control Board in the area. All oil is trapped in oil traps and removed. Mayor Unsworth closed the public hearing at 8:04 p.m. MOVED BY TORN, SECONDED BY KNIGHT AND FAILED TO APPROVE CONDITIONAL USE PERMIT 82-10 AND COMMERCIAL PROJECT 82-6 WITH SEVENTEEN (17) CONDITIONS AS LISTED WITH CONDITION #6 REQUIRING THAT UTILITIES BE LOCATED UNDERGROUND. MOTION FAILED. AYES: TORN NOES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH ABSENT: NONE . Mr. MacMurray asked who will make sure the hours of operation are maintained. Mr. Fromme stated the operation is operated on a time clock. There will be someone there when the gas is installed. The vote on the motion was taken at this time. -- 33. Water Rate Revision Mayor Unsworth announced this was the time and place for a public hearing on the proposed water rate revision. . Mr. Rannow gave background information on the reasoning for the water rate revision. The Elsinore Valley Municipal Water District sells wholesale water to the City for resale to customers within the City water system. Since June of 1982, cost to the City per 100 cubic feet has increased from 34.93 cents to a current rate of 52.4 cents, effective January 1,1983. Additiona1y, the meter service charge has increased from $114.85 to $127.60 per month. This equates to an effective 40% increase in the cost of wholesale water to the City. EVMWD officials have also stated that another increase is planned for . July 1,1983, based on further anticipated increases in the cost of their water. Mr. Ronnow reviewed an area study of eightwater agencies in the surrounding area. Mr. Ronnow stated in eight of the last ten years the water fund has borrowed from the General Fund to meet its legal debt obligations. The last rate increase was June, 1977. Staff will be recommending in upcoming budget ... sessions thattheaccumulafed loss projected for this and next fiscalyears be covered by operating transfers from Sewer and Refuse Fund profits. The City Clerk stated no correspondence had been received on the water rate revision. Mayor Unsworth opened the public hearing at 8:17 p.m. asking those in favor of the water rate revision to speak. No one asked to speak. Mayor Unsworth asked those in opposition to the water rate revision to speak. Eugene Carter asked staff how much money has been repaid on the Water Revenue Bonds. Mr. Ronnow stated approximately one-half has been repaid. Mr. Carter spoke against the water rate increase and felt the City should be using the water from the wells in the lake and not borrow from the General Fund to support the water fund. lU:)' Page four City Council Minutes May 10, 1983 PUBLIC HEARINGS - Continued. 33. Water Rate Revision - Continued. Mayor Unsworth closed the public hearing at 8:25 p.m. ,-- RESOLUTION NO. 83-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 81-90 AND ESTABLISHING RATES AND CHARGES FOR POTABLE WATER DELIVERY. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-32, APPROVING THE NEW WATER RATES. 34. Resolution adopting Annexation No. 28, approximately 25 acres generally located east of Central Avenue and Northeast of Interstate 15. L.J r. t-- '-:J C4 ~ Mayor Unsworth announced this was the time and place for a public hearing on adopting a Resolution ordering Annexation No. 28 to the City of Lake Elsinore. Mr. Trevino reported that the Local Agency Formation Commission approved Annexation No. 28 to the City of Lake Elsinore on February 10, 1983. The City of Lake Elsinore is the initiator of this uninhabited annexation of approximately 25 acres. . . The City Clerk stated no correspondence had been received on Annexation No. 28. Mayor Unsworth opened the public hearing at 8:28 p.m. asking those in favor of the Annexation to speak. Gary Wayne, resident at 30650 Dryden, Lake Elsinore, has been working with staff for the past 18 to 24 months on various annexations including this one in the City. It was the city's request that some commercial be annexed to the city. A site plan has been developed for a neighborhood commercial center and once the annexation is complete the plans will be submitted to the Council. Mayor Unsworth asked those in opposition to the proposed Annexation No. 28 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:30 p.m. RESOLUTION NO. 83-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY KNOWN AS ANNEXATION NO. 28 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE AFTER PUBLIC HEARING AND SITING REASONS AND AUTHORITY THEREFORE. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADOPT RESOLUTION NO. 83-29. 35. Lakeshore Overlay District Ordinance: Adding the Lakeshore Overlay District to the Municipal Code, providing for criteria for development, uses and main- tenance activities. - Mayor Unsworth announced this was the time and place for a public hearing on the Lakeshore Overlay District. Ms. Valenzuela stated she would like to see the ordinance go back to the committee. Ms. Valenzuela felt there are a number of discrepancies and it should be ironed out before going to a public hearing. Mr. Porter recommended that if the Council is going to continue the public hearing, they should continue to a specific meeting, so that those who came to speak to the item will be placed on notice when the new hearing will be held. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE TO JUNE 14, 1983, SO THAT THIS CAN BE TAKEN BACK TO COMMITTEE FOR FURTHER DISCUSS ION. 106- Page five City Council Minutes May 10, 1983 Council recessed at 8:35 p.m. and reconvened at 8:42 p.m. BUSINESS ITEMS 51. Request for Room Addition and Porch Deck Permit: 32209 Corydon Road Mr. Frazier stated Ms.Moore's residence is located within the boundaries prescribed in Ordinance No. 711 and needs City Council approval to construct any additions. The ground surface elevation surrounding the structure is approximately 1265 to 1268 M.S.L. and the proposed addition floor elevation will be approximately three feet above grade or 1269 to 1270. The porch ... deck will be constructed using the pier method. Mr. Porter suggested if the Council approves the request that the applicant be required to execute the standard deed notification document to waive any liability to the city and to notify any subsequent purchasers of the property. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DENY THE REQUEST. 52. Acceptance of Public Improvements for Tract No. 13924 Mr. Rubel reported this is the first phase of a two phase development. The second phase to the south is Tract 13569. There are some minor corrections to complete, but staff has obtained bonding to guarantee this additional work and it will be done when the contractor begins work on Tract 13569. Staff has received bonds to guarantee all off-site work for the adjacent Tract 13569. Mr. Torn asked if there will be a seal coat on the streets before they are accepted. Mr. Rubel stated when the developer does the second tract the City will require him to seal everything. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE S~FF RECOMMENDATION SUBJECT TO AN AGREEMENT IN WRITING THAT WE WILL HAVE THESE STREET IMPROVEMENTS SEAL COATED. 53. Sale of Surplus Fill Material for the Industrial Park (Parcel Map 16000) Mr. Rubel stated staff agrees in principle that the sale of surplus granular material from the City owned silt basin site should be allowed. Staff presently feels that approximately 40,000 to 50,000 cubic yards are avail- able and that the price should be approximately $1. 10/cubic yard with all loading and hauling, as directed by the City, to be done by the purchaser. ... MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE IN PRINCIPLE THE SALE OF EXCESS GRANULAR MATERIAL FROM THE CITY OWNED CONFLUENCE OF WASSON CANYON AND THE LAKE OUTFLOW CHANNEL FOR THE PURPOSE OF ESTABLISHING A SILT COLLECTION BASIN. STAFF WAS DIRECTED TO RECOMMEND A DEFINITE QUANTITY OF MATERIAL WHICH CAN BE SOLD AND A COMPETITIVE PRICE. 54. Reduction of Traffic Signalization Fees - McCawley Mr. Rubel reported the applicant is requesting a reduction in the traffic signalization fees because the entire parcel to which the assessment was applied is not being utilized under Conditional Use Permit 77-9 for a Mobile Home Sales lot at 31882 Mission Trail. Mr. Porter stated that any development on the remaining portion which would require discretionary approval would be subject to the prorata share of the impact fee. Mr. Porter stated it may be more equitable to have a reduction not based on area but on traffic generation. Mr. Torn stated he sees thebusiness as a long term use and would like to see the users pay for as much of the signal as possible, and felt it would not be reasonable for the general fund to pay for as much of the signal as it will end up paying. ... MOVED BY TORN, SECONDED BY VALENZUELA. AND CARRIED UNANIMOUSLY THAT THE REQUEST BE DENIED AND THEY BE REQUIRED TO PAY FULL FEES. Charles Earl, resident of Quail Valley, lessor of the property, felt he should not be required to pay the impact fee because he is only the lessor. 1U" Page six City Council Minutes May 1 0, 1983 BUSINESS ITEMS - Continued. 54. Reduction of Traffic Signalization Fees - McCawley - Continued. Mr. Porter stated the conditional use permit runs with the land, the use causes an impact on the city system and the impact fee is paid as a part of the discretionary approval process. ~ r-. t-- '~ o o 55. Exchange of City Surplus Property for Well Site Mr. Torn excused himself from this item because he has a same interest in one of the parcels. Mr. Rubel reported a parcel of property, 40' x 50', located adjacent to Casino Drive was relinquished to the City by Ca1-Trans. Bob Williams has requested the City deed this parcel of surplus public property to him in exchange for the City Well Site. The proposed Well Site is a parcel 60x 80'. Staff feels this is a reasonable exchange to the benefit of both parties. Staff stated Mr. Williams has requested the City improve and maintain the well site in a condition compatab1e with and not to detract from his proposed commercial development. Staff included this as condition #3. The City Attorney recommends against the recording of C.C. & R's. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED TO APPROVE STAFF RECOMMENDATION WITH THE DELETION OF CONDITION NO. 3 AS FOLLOWS: COUNCILMEMBER TORN ABSTAINED AND COUNCILMEMBER KNIGHT VOTED NO. 1. ACCEPT THE DEED FROM WILLIAMS AND HASSON, A GENERAL PARTNERSHIP. DIRECT THE CITY CLERK TO ARRANGE FOR RECORDATION OF THE DEED TOGETHER WITH THE CERTIFICATE OF ACCEPTANCE AFTER ENCUMBERANCES HAVE BEEN REMOVED TO THE SATISFACTION OF THE CITY ATTORNEY. 2. APPROVE THE DEEDING OF THE 40. x 50 ' PARCEL OF SURPLUS PROPERTY TO ROBERT G. WILLIAMS AS A REASONABLE EXCHANGE FOR THE WELL SITE. AUTHORIZE THE MAYOR TO SIGN THE DEED ON BEHALF OF THE CITY AFTER ENCUMBERANCES HAVE BEEN REMOVED FROM THE WELL SITE PROPERTY DEED TO THE CITY BY WILLIAMS AND HASSON, A GENERAL PARTNERSHIP. 56. Norman Industries Agreement Amendment Mr. Steel reported the Board of Supervisors reprogrammed an additional $53,041 to the Norman Industries Program to complete the project. Because of the re- programming,minor amendments to the two funding agreements became necessary. Two agreements govern the loan funds: one between the City and the County and ~ne between the City and Norman Industries. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE AMENDMENT TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE COUNTY OF RIVERSIDE DATED MAY 11,1982 AND APPROVE AMENDMENTS TO AGREEMENT BETWEEN THE CITY OF .LAKE ELSINORE AND NORMAN INDUSTRIES, INCORPORATED DATED MAY 25, 1982. 57. Norman Industries CDBG Project/Change Order #1 Mr. Steel reported that Norman Industries has submitted a Change Order Request. The request is to reroute the underground water supply to install an outside post indicator valve and fire department connection, thereby enchancing fire protection. This change order came at the request of the Fire Marshall. Be- cause fire protection capabilities is the domain of the Fire Marshall, staff has no difficulty with the request. The cost of the change order is $4,092.00.. There remains sufficient loan authority to cover the additional costs of the change order. Mr. Steel stated the request is on behalf of Norman Industries and this is Federal Money. It is actually in the City's best interest to approve the change order, because the City receives 20% return on the money and the more money Norman Industries uses, the more money the City receives. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE CHANGE ORDER NO.1. , lU~ Page seven City Council Minutes May 10, 1983 BUSINESS ITEMS - Continued. 58. Lake Flooding onto Perimeter Roads Mr. Rubel stated as the lake level continues to rise there are locations on the perimeter roads subject to flooding and must be closed. The lowest areas are on Lakeshore Drive at or near the Outflow Channel. It is the intent of staff to close the road and not raise the grade of the road to prevent flooding. Staff is asking the City Council to indicate if they concur. It is also the intent of staff to cut the road at the Pottery Street crossing of the Outflow Channel when it is determined that the culvert is restricting the flow too seriously. ...., Ms. Valenzuela stated as Assistant Disaster Coordinator at this particular time we have an emergency resolution in effect and under 409 and our agreement with the joint agencies, those roads can be cut at the discretion of the City Council who has the responsibility under State Code and Emergency Code to keep the flow of traffic going as long as possible. Ms. Valenzuela stated she would like to see the roads kept open as long as the water is not going over the top and as long as the channel is flowing until decisions are made from higher agencies. ) Ms. Valenzuela stated Mr. Rubel is measuring the inlets and the outlets of all -. the culverts to Riverside at least twice-a-day.Mr. Unsworth stated that Council has discussed not closing Lakeshore because it is one of the main arteries in the community. Council would like Mr. Porter to advise the Council what it would take to put a weight limit on the road by the pumps which may cause the closure of the road before it would normally need to be closed. Mr. Porter stated the weight limits could be imposed as an urgency ordinance. Council concurred to take up this item at the end of the business items. 59. Resolution No. 83-30 - Changing the Name of Kuhns Street to Railroad Canyon Road South. Mr. Trevino stated the Design Review Board recommends approval of the Resolution effecting the street name change from Kuhns Street to Railroad Canyon Road South. Kuhns Street is directly aligned with Railroad Canyon Road and a change of name would further the City's goals of uniformity in street names. -- RESOLUTION NO. 83-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF KUHNS STREET TO RAILROAD CANYON ROAD SOUTH. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-30 CHANGING THE NAME OF KUHNS STREET TO RAILROAD CANYON ROAD SOUTH. 60. Swick Park Grant Agreement Mr. Steel reported that the City of Lake Elsinore, Recreation and Parks District and County of Riverside received a total of $67,363 in 1974, 1976 and 1980 Parkland Bond Act monies to improve Swick Park with fencing and lighting. Because the project may carryover into the next fiscal year, the State requested that we extend the original project agreement. This will provide the City with additional time to complete the project if it is needed. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE AMENDMENT TO PROJECT AGREEMENT, EXTENDING THE TERMS FROM JUNE 30, 1983 TO JUNE 30, , 1 984 . .... Mr. Torn clarified that this amendment only deals with the Joint Powers Agreement. lO~ Page eight City Council Minutes May 10, 1983 BUSINESS ITEMS - Continued. 61. Resolution No. 83-31 - Adopting Fees for Flood Hazard Review of Land Development Plans. Mr. Rubel reported at the City Council meeting of April 12, 1983, Council approved an agreement with the Riverside County Flood Control and Water Conservation District for flood hazard review of development plans. Staff presented a Resolution for adoption which would establish the fee to be paid to the Flood Control District by the developer, and in addition, a surcharge be added for City staff overhead. ~ r. ~ ''''':) Cl ~ RESOLUTION NO. 83-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PLAN CHECKING FEES FOR FLOOD HAZARD REVIEW BY THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO BE COLLECTED FROM DEVELOPER AT THE TIME OF INITIAL APPLICATION FOR DEVELOPMENT. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-31. 62. Outflow Channel/Map Fees for Public Purchase Mr. Steel reported that staff recently recovered the maps which were prepared on the outflow channel by L. D.Lansing and Associates. Staff has attempted to determine an equitable fee which would return the staff, printing, materials and overhead costs of preparing the map; and a portion to cover the production cost of the map. Staff recommends a fee of $20.00 per map be charged. Mr. Unsworth stated he has received a call from Bill Raulings and he has an updated map. Mr. Raulings stated he has discovered there is a three foot elevation difference on the Insurance Flood Maps. Mr. Raulings would like this item continued so that he can meet with Mr. Rubel and Steel on the matter. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM TO THE NEXT MEETING. 63. Restructuring of Business License Procedures Mr. Trevino reported that from time to time it becomes necessary to review procedures within a municipality such as Business Licenses. Mr. Trevino explained the present system of issuing a business license. Mr. Trevino stated it is his proposal to centralize the entire operation in the Community Development Department and completely revamp the procedures. Mr. Trevino would also like to hire a part-time person at $4.00 per hour to take care of filing, typing and clerical duties. Mr. Unsworth stated he has a problem with hiring a part-time person while Council is reviewing next year1s budget. Mr. Trevino stated this is only for the month of June and then it will be reviewed in light of the upcoming budget. Ms. Valenzuela stated there are no provisions for one-day or one-week special events in the ordinance. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE COMMUNITY DEVELOPMENT DIRECTOR BE AUTHORIZED TO PREPARE A NEW BUSINESS LICENSE HANDLING MECHANISM AND THAT THE PLAN BE SUBMITTED TO THE CITY COUNCIL BEFORE BEING IMPLEMENTED . 64. Study Session/Landscaping and Lighting Assessment District Council set a Study Session date of May 18th at 7:00 p.m. with the consultants on forming the Landscaping and Lighting Assessment District. 65. Authorization to Purchase Engineers Level Mr. Rubel reported that it would be a great hardship and interfere seriously with the engineering work if the engineers level could not be purchased before next year's budget. The equipment will be used extensively for the construction of Railroad Canyon Road, establishing the lake level, establishing elevations along the Outflow Channel at Wasson Canyon Creek and for design and maintenance 110 Page nine City Council Minutes May 10, 1983 BUSINESS ITEMS - Continued. 65. Authorization to Purchase Engineers Level - Continued. of streets, sewer, and storm drains. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE AUTHORIZATION TO EXPEND UP TO $1,500 FOR PURCHASE OF ENGINEER'S LEVEL AND AUXILIARY EQUIPMENT. 66. Purchase of Safety Equipment Mr. Rubel stated in the past six months Public Works has been encouraging employees to be more conscious of safe work practices. Staff has informally consulted with OSHA public relations people to determine if the City of Lake Elsinore is in serious violation of any OSHA safety requirements. An OSHA representative visited theCity and observed the facilities and activities. The most serious deficiency is the lack of roll-bars or safety cages on some construction equipment. The City is required to provide the following: 1. On 12 E Road Grader - Install safety cab. 2. On 944 Loader - Install safety cab. 3. On 530 Case Tractor - Install safety cab. 4. On 3000 Ford Tractor - Install roll-bars. ..... MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROPRIATE THE NEC~SSARY FUNDS ($9,000) FOR THE INSTALLATION OF THE SAFETY DEVICES. 67. Second Reading of Ordinance No. 669 - Time Periods and Extensions for Tentative ~1aps. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of: ORDINANCE NO. 669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING ORDINANCE NO. 638 AND LAKE ELSINORE MUNICIPAL CODE SECTION 16.24.160 CONCERNING TIME PERIODS AND EXTENSIONS FOR TENTATIVE MAPS. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 669. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ~ 68. Railroad Canyon Waste Water Treatment Facilities - Fees Mr. Trevino recommended the Council approve a contractual agreement with Zimmerman Engineering for the Railroad Canyon Waste Water Treatment Plant. Elsinore Valley Municipal Water District (EVMWD) has submitted plans for the construction of a Wastewater Treatment Facility to be located northerly of the San Jacinto River approximately 1/4 mile west of the City limits on Railroad Canyon Road. Building permit fees based on the $2.8 million valuation plus unit fees for various plumbing, electrical and mechanical facilities will ... be approximately $13,000+. The negotiations between the City and the Engineering firm, (Zimmerman Engineering), are for 75% of the Building Permit Fees, roughly $9,750.00 which include $4,669.00 in Plan Check fees and the balance for six (6) months to one year of inspection and related technical services. The Plant will service Canyon Lake and Canyon Lake Hills. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE CONTRACTUAL AGREEMENT WITH ZIMMERMAN ENGINEERING FOR RAILROAD CANYON WASTE WATER TREATMENT PLANT. lIt Page ten City Council Minutes ~1ay 10, 1983 BUSINESS ITEMS - Continued. 58. Lake Flooding onto Perimeter Roads - Continued from earlier in the meeting. Mr. Porter stated in reference to the maximum weight on the bridge on ,Lakeshore Drive, he has done some research and under Vehicle Code 35754 the City can determine the maximum permissible weight on any bridge that is in a dangerous or weak condition and that determination is binding for ninety (90) days. If the City wishes to make a permanent determination the City must invite the Department of Transportation to conduct a study and hold public hearings. Mr. Porter recommended, if the Council is de- sirous of limiting the weight that it be determined that the bridge is in a ,dangerous or weak condition and direct the City Engineer to determine the maximum load which the bridge can safety carry and direct the appropriate signs prohibiting any traffic in excess of that amount. The signs should remain for ninety (90) days unless the Council takes other action. L; r-. t-- '-;' Q :~ MOVED BY TORN, SECONDED BY VALENZUELA TO APPROVE THE CITY ATTORNEY'S RECOMMENDATION. MOTION WAS CARRIED UNANIMOUSLY. Council recessed at 9:50 p.m. to Closed Session for Potential Litigation. Council reconvened at 10:23 p.m. Mr. Unsworth stated no action was taken on the first item of litigation, and Mr. Trevino will announce the other item under Reports and Recommendations. PUBLIC COMMENTS Mr. Baccus asked that Public Comments be put at the beginning of the agenda. Mr. Unsworth stated it has been tried at different places on the agenda and Council feels it is better after Business Items. Mr. Baccus felt there is considerable pollution on the lake due to littering. Mr. Porter stated there is a State law against littering and the Sheriff can site on that basis. REPORTS AND RECOMMENDATIONS Mr. Trevino reported he has talked to Jim Anderson of Water Quality Control and has asked for more capacity at the City's existing Sewer Treatment Plant and he has given the City more capacity. Mr. Trevino will be coming back to the Council at a later time with pipe line from K &B Tract to the Four-Corners area. Mr. Trevino stated he has assured Mr. Anderson that the City will enter into an agreement with E.V.M.W.D. regarding the Regional Waste Water Treatment Plant. Mr. Porter stated the City Council has indicated some potential interest in placing a measure on the November Ballot. Mr. Porter has consulted with the Council regarding deadlines. The County,would like all printed materials for the ballot by August 2nd. If the City Council wishes to place any measures on the ballot, that formal action would have to be taken by June 14th or before and recommends that the staff bring a formal report to the City Council setting forth some of the options and requirements on May 24th. Mr. Torn stated he was sure there would be a couple of items for con- sideration. Mr. Knight stated he would like staff to go back to the slide format of presentations, not for all sites, but those sites where it would assist the Council. Council concurred. Mr. Knight stated he has been told the the entrance to the Swap Meet would have to be designed through a joint effort of Caltrans and the City. On the weekends it is nearly impossible to move at all through the intersections. Mr. Knight feels that another entrance may be needed for the Swap Meet. ADJOURNMENT MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:45 P.M. J ATTEST: ~<<A'/~ DE OR H A. HARR GTON. CITYRK 112 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:35 p. - PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Counci1member MacMurray. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, Finance Director Ronnow and Senior Administrative Assistant Steel. Council adjourned the City Council Meeting at 7:36 p.m. to meet as the Redevelopment Agency. Council reconvened at 7:58 p.m. CONSENT CALENDAR Counci1member Torn asked that item #6 be removed from the Consent Calendar. MOVED BY VALENZUELA,.SECONDED-BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. -- Members of the audience asked staff to explain items 4, 5, 6 and 10. Staff gave background information on each of the items. Mayor Unsworth announced that a packet of the City Council meeting information is available to the public on Fridays prior to Council meetings. 1. Minutes: a. Study Session - May 9, 1983: Approved as presented. b. Regular Meeting - May 10, 1983: Approved as presented. 2. Older American Act Funding Fiscal Year 1983/84: Approved Resolution No. 83-33 signifying its intention to submit a request for On-Going Title IIIB Funds for Fiscal Year 1983-84 under the Older American Act of 1965 and authorizing the City Manager to complete all documents, to submit application in support of request for funds. 3. Request for Funds for Founder's Day Jubilee:: Removed from the Consent Calendar. 4. Request from the Alano Club - Chili Cook-Off: Approved request for Chili Cook-Off and denied bike parade around the lake. 5. Outflow Channel Properties/Accept Deeds: Accepted the following Grant Deeds: A. T. H. Paschal and Judy M. Paschal - AP #374-062-009, 010 B. Bernard Shane - AP #377-231-001 C. Nathan and Laura Schulman - AP #374-072-006,7 - 6. Outflow Channel Acquisition/Agreements to Convey Title: Approved agreements with Bernard Shane and Nathan Schulman conveying ~itle of certain property to the City of Lake Elsinore, provided specified conditions are fulfilled. 7. Building Department Monthly Report - April, 1983: Received and filed. 8. Public Hearing on Redevelopment Plan II/Revised Date: Approved Resolution 83-34 establishing a revised date for the joint public hearing with the Redevelopment Agency of the City of Lake Elsinore to consider the proposed Redevelopment Plan and an Environmental Impact Report for the Redevelopment Project. 11.j Page two City Council Minutes May 24, 1983 CONSENT CALENDAR - Continued. 9. Annexation No. 29: Council concurred to become the sponsor of Annexation No. 29 to insure the City of more property in the immediate vicinity of Highway 74 and Interstate 15. ADDITIONAL CONSENT CALENDAR ITEM 10. Use of Machado Park: School District: Council approved request for exclusive use of Machado Park for Saturday, June 4, 1983, from Noon to 8:00 p.m. ITEM REMOVED FROM THE CONSENT CALENDAR 3. Request for Funds for Founder's Day Jubilee: Mr. Torn felt that the City will have a product that has been created essentially by volunteer labor and materials. However, with the expenditure of City funds, there should be some type of accountability. ~ MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE ~ EXPENDITURE OF $2,500 AND THAT THE COMMITTEE BE DIRECTED TO WORK WITH THE CITY r. MANAGER IN SETTING UP A BUDGET FOR THE $2,500 AND THAT IT BE RUN THROUGH THE -;) FINANCE DEPARTMENT. ~ ~ Mr. Unsworth stated the City is in need of five (5) more volunteers to sign up for the Neighborhood Watch Program before the program can start. People can sign up at City Hall, Fire Department or Sheriff Department. PUBLIC HEARINGS 31. Conditional Exception Permit 83-3: Jan Hesselrode: Request for a Variance from the required parking spaces as established in the Parking Ordinance, located on Main Street, north of Prospect. . Mayor Unsworth announced this was the time and place for a public hearing on Conditional Exception Permit 83-3. Mr. Trevino reported the Planning Commission recommended denial of Conditional Exception Permit 83-3 due to parking impaction within the downtown area. The City Clerk stated a letter had been received in opposition to the variance from Stan Smith and Paul Shay and a petition sign by 69 patrons of The Embers in favor of the variance. Mayor Unsworth opened the public hearing at 8:11 p.m. asking those in favor of the Conditional Exception Permit to speak. Sue Knapp, 926 Amber Lane read a letter by Jan Hessolrode. Ms. Hessolrode sta ted that the Planning Department originally recommended lapproval of the variance with seven conditions to the Planning Commission. The Planning Commission denied the request by a 3 to 1 vote. Ms. Hessolrode felt she was being dis- criminated against because of the type of business, a cocktail lounge. Ms. Hesselrode believes they can upgrade and bring prosperity to the downtown area. Ms. Knapp stated she agrees with the letter. Dick Murphy, Governing Board of Realtors/spoke in favor of the Variance and business establishment. The business will employ approximately 10 people and felt there will not be a parking impaction during daytime hours. Lee Allen, Avenue 9, stated if you don't have a parking problem in the downtown area, you don't have a prosperous town. Mayor Unsworth asked if anyone would like to speak i'n opposition to the variance. No one asked to speak. Mayor Unsworth closed the public hearing at 8:19 p.m. MOVED BY UNSWORTH, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE THE ITEM TO GIVE THE APPLICANT MORE TIME TO SOLVE THEIR PARKING PROBLEM AND AMENDED TO INCLUDE THAT THE ITEM SHALL COME BACK IN SIXTY (60) DAYS IF IT HAS NOT BEEN SOLVED. (MR. TORN ASKED FOR THE AMENDMENT) 114 Page three City Council Minutes May 24, 1983 BUSINESS ITEMS 51. Audit engagement for Fiscal Year Ending June 30, 1983 MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO AUTHORIZE THE CITY MANAGER TO ACCEPT FISCAL YEAR 1982-83 AUDIT PROPOSAL FROM ERNST AND WHINNEY OF RIVERSIDE FOR CITY AND WATER LOAN AUDITS. 52. Business License Procedures Mr. Trevino gave background information on his proposed business license ... procedure which would vest all of the business license operations in the Community Development Department. Mr. Trevino asked for clerical help which could be handled by a part-time person or someone on staff, time permitting. Mr. Trevino stated if this concept is approved and we are allowed to implement, it is staff's intent to come back to the Council with a procedure to review and amend the existing business license ordinance. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION, VESTING THE BUSINESS LICENSE OPERATIONS IN THE COMMUNITY DEVELOPMENT DEPARTMENT. 53. Sewer Service for Tract 16452 (Fenton) Mr. Porter suggested this item be addressed in Closed Session because a claim has been filed against the city on this item. Council concurred. 54. Award of Contract for installation of Traffic Signals and Safety Lighting at Railroad Canyon Road and Mission Trail. Mr. Rubel reported on March 22, 1983, the City Council approved Plans and Specifications and authorized advertising for bids for this Signal Project. A copy of the low bidders proposal was given to the Council. . The Plans approved by Council were modified to include pedestrian heads at the corner by the proposed McDonalds and Mobile Station. The low bid was received from Paul Gardner Corporation, Ontario in the amount of $48,921.00. ... MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE AWARDING THE CONTRACT TO PAUL GARDNER CORPORATION IN THE AMOUNT OF $48,921; AUTHORIZE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY AND AUTHORIZE EXPENDITURE OF UP TO $1,100 FOR REFURBISHING OF EXISTING SIGNAL HEADS. Councilmember Valenzuela voted no. Mr. Rubel reported that the contractor will have five (5) months to complete the project because of the delivery time needed for the poles. 55. Hold Harmless Agreements/Refuse Disposal Services Mr. Steel reported the agreements essentially waive any claim by the property owner against Rodriguez Disposal and the City for damage done as a result of normal collection practices and not as a result of negligence by Rodriguez. The agreements will be recorded by the City and will protect the City and Rodriguez Disposal from future claims resulting from damaged concrete. Mr. Porter stated the City is only slightly involved in this project because the City has contracted with Rodriguez to take care of the rubbish disposal. This agreement would protect the City in the event a suit is filed because of a broken sidewalk. Lee Allen stated in Los Angeles he owned an apartment complex and the trash trucks did not come onto private property. The bins were rolled to the street and emptied. Mr. Carter asked if the hold harmless agreement covered the City against liability. Mr. Porter stated the agreement provides that if the trucks cause damage to the sidewalks or driveways, they will not hold the City or ROdriguez liable. Mr. Carter asked who is responsible for the repairs of the sidewalks. Mr. Porter stated the adjacent property owner is responsible for the repair of the sidewalk. .... MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE HOLD HARMLESS AGREEMENTS AND AUTHORIZED THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY. 11~ Page four City Council Minutes May 24, 1983 BUSINESS ITEMS - Continued. 56. Request to place fill inside the Perimeter Street of Lake Elsinore Mr. Rubel reported Mr. Hall proposes to fill the lower portion of his lot which is between elevation 1265 and 1270, and build a commercial building. Staff feels that this request falls within the restriction of Section 3 of Ordinance No. 711 which states "No person, firm or corporation shall construct any new non-residential structure within the City of Lake Elsinore with the foundation or basement lower then the elevation of 1270' mean sea level..." MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DENY THE REQUEST. 57. Flood Hazard Mitigation Fee Mr. Rubel reported that staff is proposing that immediate action be taken to require the developer of the Stellrecht Commercial Center to bear the cost of installing the 72-inch storm drain extension across their 244 foot frontage under the same conditions imposed upon Stater Brothers. Mr. Porter stated he has reviewed the conditions of approval that were needed and this condition was not attached. The Mitigation Fee would not apply to this project, unless it needed to come before the Council for discretionary approval. Mr. Torn suggested the County be requested to include similar requirements for flood control measures in the Stater Brothers area. .Jl) r-. t"- '-=> ~ ~ MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-35 AND AT THE SAME TIME DIRECT STAFF TO CONTACT THE COUNTY AND MAKE THEM AWARE OF THE PROPOSED DRAINAGE ASSESSMENT AREA AND ASK THEIR COOPERATION IN ASSESSING COUNTY PROPERTY. RESOLUTION NO. 83-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING FLOOD HAZARD MITIGATION FEES FOR THE STORM DRAIN INSTALLATION ON LAKESHORE DRIVE FROM RIVERSIDE DRIVE NORTHWESTERLY, TO BE COLLECTED FROM DEVELOPMENTS SUBJECT TO DISCRETIONARY APPROVAL. 58. Street Improvement Program Mr. Rubel stated the progress report in February recommending Railroad Canyon Road, Lakeshore Drive, Main Street and Graham Street be high priorities. Mr. Rubel stated the County of Riverside performs a large chip sealing program every year, they are experts in applying this type of surface treatment of streets and their cost is less than would be charged by a private contractor. Mr. Rubel recommends entering into an agreement with the County for chip sealing. A proposed street improvement program with the streets proposed to be improved, type of improvement and estimated cost was presented to the Council. Mr. Torn recommended this be continued for a couple of weeks and that a Drive .<Study Session be scheduled wi.th City Engineer, City Planner and City Manager. Mr. Torn requested the City Pl.anner do some research in terms of new projects which are developing along some of the streets. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT STAFF BE AUTHORIZED TO NEGOTIATE AN AGREEMENT THE COUNTY OF RIVERSIDE FOR CHIP SEALING; AUTHORIZE SOLICITING INFORMAL BIDS FOR RE-SURFACING AND SLURRY SEALING; AUTHORIZE THE PREPARATION OF SUCH PLANS AND SPECIFICATIONS (WITHOUT DESIGNING THE STREETS) ADDRESSING THE CHIP SEALING AND SLURRY SEALING AND SET A WORKING VISUAL INSPECTION OF THE STREETS IN A STUDY SESSION FOR JUNE 6, 1983, AT 4:00 P.M. Council recessed at 9:18 p.m. and reconvened at 9:31 p.m. 116 Page five City Council Minutes May 24, 1983 BUSINESS ITEMS - Continued. 59. Progress Payment to Contractor for Swick Park Improvements Mr. Rubel gave background information on the contract for Swick Park and recommended the contractor be paid $20,071.35 for progress payment No.2, subject to obtaining payroll records showing that all persons employed on the project were employees of the contractor or subcontractors listed on the bid. Mr. Rubel stated he expects-the contract to be completed by June 1, 1983. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE ... PROGRESS PAYMENT NO.2 OF $20,071.35 BE MADE TO ALLIED SPRINKLER CO. 60. Landscaping and Lighting Assessment District/Resolution Ordering Preparation of Engineer's Report. Mr. Steel reported the proposed Resolution orders the engineering consultants to prepare the Engineer's Report. The Report will identify the boundaries of the District, the items to be included, the estimated costs, and the assessments to be levied against each parcel. The City Council will consider this report on June 22, 1983. The ordering of the Engineer's Report is the first formal step to form a Landscaping and Lighting Assessment District. At this time, staff proposes to include all lighting and street landscaping within the City in the District. After a review of the assessments, additional landscaping (i.e. parks) may be included. RESOLUTION NO. 83-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATES, DIAGRAM, ASSESSMENT AND REPORT FOR FORMATION OF A LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADOPT RESOLUTION NO. 83-36 AND AUTHORIZE THE USE OF EUGENE NAZAREK AS SPECIAL COUNSEL. - 61. Landscaping and Lighting Assessment District/Contract for Consulting Services Mr. Steel reported on April 26, 1983, the City Council selected Ken Mullen and Associates as consulting engineers to form a Landscaping and Lighting District. Staff has prepared a contract which stipulates the responsibilities of the City and the Consultant. Mr. Steel explained the elements of the contract. The actual cost of the contract is variable due to the uncertain nature of the District. The final cost should be approximately $16,000 to $18,000. These costs are then rolled over into the first year assessments. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE CONTRACT. 62. Weed Abatement Progress Report Mr. Rubel gave background information on the existing practices of how the weed abatement program is run. Mr. Rubel explained the procedures of Mr. Huffman and his methods of discing parcels. Mr. Rubel stated staff feels the weed abatement done to date is satisfactory. Mr. Huffman explained why he uses the procedures he does on abating the weeds. He stated this has been a wet year and his tractor has been getting stuck be- cause of the wet ground. Council concurred to receive and file the Weed Abatement Progress Report. 63. Purchase of Flail Mower - Mr. Rubel reported the existing flail mower has deteriorated beyond repair. The unit is seriously needed for Weed Abatement. Funding can be transfered from account 92-4910-200 to 92-4910-430 in the amount of $2,800. Mr. Torn stated he would like staff to make sure that the city property is done first in order to set an example for the other property owners. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE THE EXPENDITURE OF $2,800 TO PURCHASE A NEW FLAIL MOWER FOR WEED ABATEMENT. COUNCILMEMBER KNIGHT VOTED NO. 1 I" Page six City Council Minutes May 24. 1983 BUSINESS ITEMS - Continued. 64. Purchase of Replacement Aerators for Waste Water Treatment Plant Mr. Rubel stated two of the original eight aerators have worn out and are in need of being replaced. It has been determined that all the parts do not need to be replaced. Staff recommends appropriating $3.890 for aerators for the Waste Water Treatment Plant. MOVED BY TORN. SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROPRIATE $3.890 FOR AERATORS FOR THE WASTE WATER TREATMENT PLANT. PUBLIC COMMENTS Don Berry. Manager of the Lake Elsinore Park and Recreation District. introduced Jack Fry. new Administrative Assistant for the District. Mr. Berry stated he was looking forward to working with the City Council in the future. ~ ~ ~ ~ ~ ~ Eugene Carter read a letter he sent to the State Water Control Board regarding rejecting the proposed Sewer Treatment Plant. He felt the City should build their own Sewer Treatment Plant. Paul Baccus. 31190 Riverside Drtve. spoke regarding the Lakeshore Overlay Ordinance which is proposed. Mr. Baccus feels there is an extreme amount of distrust between the property owners and the City and feels they need to establish a better working relationship. Mr. Baccus felt there has not been any coordination between the City and the Park and Recreation District and Public Health. Mr. Baccus stated he has received damage to his property because of the flood water and in regard to City codes. he informed the Council that he will be camping on this property to repair the damages. He has been told by the City that he will be sited if he camps on his property. Mr. Porter stated if he is caught camping on his property he can be sited. REPORTS AND RECOMMENDATIONS Mr. Porter reported that some time ago the Council asked for some direction in placing items on the November ballot. If the Council is desirous of placing one or more measures on the November ballot. some decisions need to be made tonight or relatively soon. so that on June 14th. the Council can take some action on resolutions. The following items need to be addressed: 1) What is the subject matter of the measure or measures? 2) Does the Council want to direct the City Clerk to have the City Attorney prepare an impartial analysis for the measure(s) and 3) Whether the City Council wants to allow for rebuttal arguments. the law allows for arguments for and against the measure(s). Mr. Porter reported that assuming there are 3.300 voters. the County estimates the cost of consolidating the election would be approximately $2.100 for one measure with an approximate additiona1 charge of $200.00 for each additional measure. Mr. Torn stated he is interested in looking at a means of placing additional police protection in the City. Mr. Porter explained the difference between a special tax and standby tax. Mr.Unsworth stated another issue would be the City Treasurer. He has been absent for a long time and whether the City Treasurer should be elected or appointed. Mr. Porter reported that if the City Treasurer is made an appointed position. at the end of Mr. Morgan's term. April. 1984. Mr. Morgan would leave office and someone appointed to the position of City Treasurer. Discussion ensued on Fire Safety Fees for additional fire protection if necessary. Mr. Porter will go ahead and prepare the necessary resolutions and work with the Interim City Manager on the fire and police fees. Council concurred to place the items on the agenda in the following order: Police. Treasurer and Fire. Discussion was led on arguments which can be submitted on the measures. The following groups can submit arguments: City Council as a group or an individual City Council- member selected by the Council. voter group sponsoring measure. bonafide group of citizens. and individual voters. Mr. Porter asked the Council if they would like to provide for rebuttal arguments on the proposed measures. Council concurred not to provide for rebuttal arguments. 118 Page seven City Council Minutes May 24, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Trevino reported that he has spoken to Mr. Nazarek regarding the contract with E.V.M.W.D. and he has cleaned up the language and suggested a meeting to discuss this with the Council. Council concurred to set up a study session on June 3, 1983, at 4:00 p.m. Mr. Trevino reported that he has met with representatives of the Water Resources Board regarding the pumps. The pumps will be in Lake Elsinore on Friday. On June 1, 1983, the transformer should be in Lake Elsinore, after its installation, the City will be responsible for operating the pumps. ... Mr. Trevino reported he had a meeting with A.B.C. Heritage regarding the Canyon Lake Hills Project and found a way whereby they could bring in their tract map, meet their requests and a fee schedule was set up for Canyon Lake Hills. A meeting was to be set up today, however,A.B.C. Heritage did not make the meeting. Mr. Trevino advised the Council that E.V.M.W.D. has submitted bills the City owes them and felt there should be a meeting to discuss the C.I.P. fees for the Waste Water Treatment Plant. Mr. Trevino reported the air conditioning in the front office of City Hall has failed. Mr. Trevino reported staff has obtained three bids and recommends the Council approve Amber Air from Corona in the amount of $3900. Council concurred to approve Amber Air in the amount of $3900. Ms. Valenzuela advised the Council there is a Solid Waste Hearing on June 1st at 9:30 a.m. in Riverside. Mr. MacMurray suggested the City might look into the dredging of the lake in order to lower the elevation of the lake. Mr. Unsworth advised Mr. Torn of a Task Force Meeting on May 31st on the Reclamation of the Lake. Mr. Knight asked what was being done on the weight limits on the perimeter roads where the lake is flooding. Mr. Porter stated the Sheriff can enforce the signs that have been posted. Staff is to ensure the Sheriff's Department receives a copy of the minutes of the May 10th meeting authorizing the signs being posted. Council adjourned into Closed Session regarding a legal matter at 11:06 p.m. Council reconvened at 11 :27 p.m. stating no action was taken on Item 53 on the Council agenda. ... ADJOURNMENT MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 11:28 P.M. -L ..J!J ./fIA~ HN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: #~/~~ 1> OR H A. HA R GT N, CI CLERK ... 119 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:33 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Unsworth. ROLL CALL The City Clerk called the roll: ~ t-- t-- -0 ~ ~ PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: Interim City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer Rubel, and Finance Director Ronnow. CONSENT CALENDAR MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 2 AND 11. l. Minutes: a. May 24, 1983 - Regular Meeting: Approved as presented. b. May 25, 1983 - Study Session: Approved as presented. c. June 1, 1983 - Study Session: Approved as presented. d. June 1, 1983 - Study Session: Approved as presented. 2. Warrant List - May, 1983 - Removed from the Consent Calendar. 3. County Housing Authority request to use Community Center: Approved request for June 29, July 5 and July 6, 1983 from 10:00 a.m. to 3:00 p.m. in order to process applications for low income housing units in the City. 4. Lake Elsinore Valley Allied Arts request to use Community Center: Approved use for July 9, from 12:00 noon to 3:00 p.m. and July 10, from 1:00 p.m. to 4:00 p.m. 5. California Fashions request to hold Sidewalk Sale, 106 N. Main Street: Approved request for June 26th from 9:00 a.m. to 6:00 p.m. and June 27th from 10:00 a.m. to 4:00 p.m. subject to Mr. Arroyo meeting with the City Engineer, or his designee, regarding the placement of racks on the sidewalks and allowing for pedestrian traffic. 6. Amendment to contract between City and Chamber of Commerce, FY 82/83: Approved amendment to Chamber contract and advance of $5,500 for 4th of July and Centennial Day Fireworks. 7. Resolution No. 83-37: Approved Resolution No. 83-37 finding and declaring that the provision of low and moderate income housing outside the project area is of benefit to the project area. I 8. Acceptance of Street Dedication Deeds from Butterfield Savings and Loan: Council approved the acceptance of the Grant Deeds from Butterfield Savings and Loan for street right-of-way at the commercial project at Riverside Drive and Lakeshore Drive with recording after encumbrances are removed as recommended by the City Attorney. 9. Repair of Flint Street from Main Street to Spring Street: Authorized staff to rebuild Flint Street with desert mix from Main Street to Spring Street utilizing City personnel and equipment. 120 Page two City Council Minutes June 14, 1983 CONSENT CALENDAR - Continued. 10. Resurvacing of Limited Street from Main Street to Spring Street: Council authorized staff to arrange for resurfacing of Limited Street from Main Street to Spring Street and installation of the curb return at the southeast corner of Main Street and Limited Street. 11. Left Hand Turn Lane on Main Street at Sumner Street: Removed from the Consent Calendar. 12. Request for Unused Portion of Funds/Zone Change: Council authorized the refund ... of $700.00 to Messrs. Manfredi and Summers as the unused portion of their zone change fee. 13. Authorization to acquire as Asphalt Burner: Council authorized the expenditure up to $200.00 for an asphalt burner. 14. Animal Control Monthly Report - May, 1983: Received and filed. 15. Set for Public Hearing - June 28, 1983: a. Tentative Tract Map 19357 and Conditional Exception Permit 83-5 - Approved. 16. Set for Public Hearing - July 21, 1983: a. Tentative Tract Map 17413 - Approved. b. Zone Change 83-2 - Approved. c. Conditional Use Permit 83-6 and Conditional Exception Permit 83-4 - Approved. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Warrant List - May, 1983: Mr. Knight asked for clarification on Warrant No. 18283 for Election Expenses. Ms. Harrington explained the invoice had not been paid for the 1982 Election and it was through an audit on Martin and Chapman ~o. that the error was found. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE CONSENT CALENDAR ITEM NO.2, WARRANT LIST. --- 11. Left Hand Turn Lane on Main Street at Sumner Street: Discussion was led on the possible advantages of the left turn lane v/hen Pottery Street is closed and the benefits of deleting the left turn lane at this time. Council concurred to have the turn lane ~sandb1asted out at this time. COUNCIL CONCURRED TO ADJOURN TO THE REDEVELOPMENT AGENCY MEETING AT 7:40 P.M. COUNCIL RECONVENED AT 8:08 P.M. PUBLIC HEARINGS 31. Lakeshore Overlay District Ordinance Council concurred to hold this public hearing on June 28, 1983, with the Interim City Manager to set up a study session with the committee regarding the Lakeshore Overlay District Ordinance. BUSINESS ITEMS 51. Commercial Project 83-4: Elsinore Ecology Center Mr. Trevino gave background information on the Commercial Project 83-4 recommending approval based on nine (9) Design Review Board conditions. Mr. Trevino read the recommended conditions. Mr. Torn verified with Mr. Trevino that restroom facilities are a basic requirement. Mr. Taylor stated the only way to put in restroom facilities would be to install a holding tank or have portable restrooms. Mr. Trevino stated the building does not meet the goals of the Redevelopment Agency and the Agency would have to waive their standards. ... MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO SEND THE ITEM BACK TO STAFF AND HAVE IT RETURN TO THE CITY COUNCIL IN TWO (2) WEEKS. 121 Page three City Council Minutes June 14, 1983 BUSINESS ITEMS - Continued. 52. Alongi Request to defer Street Improvement Mr. Rubel gave background information on Mr. Alongi's request to defer the street improvements along the Country Club Blvd. .frontage of the three (3) lots and staff's recommendation to enter into an agreement with Mr. Alongi to provide for possible reimbursement to Mr. Alongi, for off-site improvements on the opposite side of the centerline along Mill Street. Mr. Torn felt that the improvements should be put in upon demand of the City if Council approves the request to defer the improvements. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ALLOW STAFF TO ENTER INTO AN AGREEMENT FOR THE IMPROVEMENTS ALONG COUNTRY CLUB BOULEVARD WITH THE STANDARD AGREEMENT. ~ r-... t-- "':J ~ .~ 53. Engineering Proposal for Storm Drainage Plans and Study on Lakeshore Drive northwest of Four Corners. Mr. Rubel gave background information on the engineering proposal for the Storm Drainage Plans and Study recommending that the firm of Zimmerman and Associates be accepted to determine a benefit assessment for and preparing plans and specifications for the extension of a stor~ drain in Lakeshore Drive, northwesterly of Four Corners. Mr. Torn asked if the County has been contacted regarding the drainage in the area of Four Corners and encouraged to participate in the extension of the storm drain. Mr. Torn suggested the bids be held until the County becomes involved. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE UNTIL THE COUNTY CAN BE CONTACTED TO PARTICIPATE IN THIS PROGRM1. 54. Senior Home Repair Program Mr. Trevino gave background information in the Senior Home Repair Program and a summary of past program :.activities. Mr. Trevino recommended the agreement between the City and Riverside County Housing Authority be approved. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE RIVERSIDE COUNTY HOUSING AUTHORITY FOR THE SENIOR HOME REPAIR PROGRAM SERVICES IN 1983-84 IN THE AMOUNT OF $8,500. 55. Request from Redevelopment Agency to establish Redevelopment Revolving Fund, Resolution No. 83-38. Mr. Trevino gave background information on the need to establish a Redevelopment Revolving Fund. Mr. Trevino recommended approval of the Resolution. RESOLUTION NO. 83-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CREATING AND ESTABLISHING A REDEVELOPMENT REVOLVING FUND IN ACCORDANCE WITH THE PROVISIONS OF THE COMMUNITY DEVELOPMENT LAW. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-38. 56. Outflow Channel Properties/Accept Deeds Mr. Trevino gave background information on the grant deeds and recommended the Council accept the Deeds @n Parcel Numbers, 374-072-010 and 377-232-003. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ACCEPT GRANT DEEDS ON PARCEL NUMBER 374-072-010 - JARO AND OLGA BARBENEC AND PARCEL NUMBER 377-232-003 - ALBERT LE GAVE. 122'- Page four City Council Minutes June 14,1983 BUSINESS ITEMS - Continued. 57. Outflow Channel Acquisition Mr. Trevino gave background information on the need for the outflow channel acquisitions and the need for ingress and egress to the channel. Mr. Trevino recommended the Council authorize the City Attorney to commence eminent domain proceedings on the following properties: Assessor's Parcel Numbers 374-072-005, 374-072-004 and 374-061-008. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE THE CITY ATTORNEY TO COMMENCE EMINENT DOMAIN PROCEEDINGS ON THE THREE PROPERTIES. - 58. Public Hearing on Tentative Map Approvals Mr. Porter recommended the Council adopted the proposed ordinance requiring public hearings for approval of tentative maps, which would be in fact formalizing the present practice. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title: ORDINANCE NO. 670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 16.24.105 TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING PUBLIC HEARINGS FOR APPROVAL OF TENTATIVE MAPS. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 670. AYES: NOES: ABSENT: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE - 59. Renewal of Lease - Parks and Recreation District Mr. Trevino gave background information on the request from the Parks and Recreation District and recommended the lease agreement be approved on a month to month basis and reviewed after three months. Mr. Fry, Parks and Recreation District, stated the District is desirous of continuing the lease of the Community Center Facilities. The District's Summer Program is underway and would not like to move at this time. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ENTER INTO A LEASE AGREEMENT ON A MONTH TO MONTH BASIS AND REVIEW THE AGREEMENT AT THE END OF THREE MONTHS IN ORDER TO ASCERTAIN WHETHER THE LEASE SHOULD BE RE- NEWED AGAIN. 60. City Well - Progress Report Mr. Rubel gave a brief status report on the City Well Project stating a pump has been installed and began pumping on June 10th. The water discharged from the well ;'s to be sampl ed over a two or three month period. Mr. Rubel stated the quality of the water appears excellent and'should be receiving a report on a sample taken soon. ... Mr. Mac Murray spoke regarding the bid amounts received by McCalla Brothers. Mr. Mac Murray felt the Filtering System proposed in the amount of $90,000 should not be necessary provided adequate initial pumping is done prior to the hOOk-up into the City Lines. Mr. Mac Murray stated with careful re- viewing of the proposed fees the final hook-up of the City Well should only cost approximately $89,560. Mr. Mac Murray recommended the City put the services of hooking up the well out to bid. 00 f'e l"'- '~ o Q 123 Page five City Council Minutes June 14,1983 OFF-AGENDA BUSINESS ITEMS 61. Resolution establishing a basis for requesting relief for City Costs resulting from the recent flooding and designating Interim City Manager as applicant authorized agent for obtaining Federal Financing Assistance. Mr. Trevino reported since the President declared this area a Presidential Disaster, the City of Lake Elsinore is eligible for receiving 75% of costs they have incurred as a result to damage of roads and buildings. The resolution is required designating someone to sign as the authorized agent. RESOLUTION NO. 83-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A BASIS FOR REQUESTING RELIEF FOR CITY COSTS RESULTING FROM THE RECENT FLOODING AND DESIGNATING ROBERT TREVINO, INTERIM CITY MANAGER, AS APPLICANT AUTHORIZED AGENT FOR OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER PUBLIC LAW 288, 93RD CONGRESS. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVED RESOLUTION NO. 83-39. 62. Agreement for 1983 Lake Pumping Project Mr. Porter reported on May 24th, Council authorized the Mayor to sign a Hold Harmless Agreement similar to the one approved for the 1980 Flood Pumping Program. The State sent the City a new Hold Harmless Agreement on May 31st which was unacceptable to the City. The Agreement made the City and the County responsible for any damage which would have occured between the City and the Pacific Ocean. A meeting of the different governmental agencies was held in Sacramento to solve the Hold Harmless Agreement problems. A revised agreement was prepared_. which was accepted to the agencies. In the agreement the City agrees to indemnify the State of any property claims within the corporate limits of the City and claims for breach of the Tilley Agreement. Mr. Porter recommended the Council authorize the Mayor to execute the agreement with the word "Except" to be deleted from paragraphs 4, 5, 6, 9 and 10 by the City Attorney. Mr. Porter reported there was a letter in the newspaper blaming the City for the delay in the pumping of the lake, the City had responded to all requests of the State immediately and the only reason for the delay was to get a favorable hold harmless agreemeDt from the State. The State is the lead agency in the project and a permit must be obtained from the Regional Water Control Board. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE AGREEMENT BETHEEN THE STATE OF CALIFORNIA ACTING BY AND THROUGH ITS DEPARTMENT OF WATER RESOURCES, COUNTY OF RIVERSIDE, RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF LAKE ELSINORE WITH THE DELETION OF THE WORQ" "EXCEPT" IN PARAGRAPHS 4, 5, 6, 9 AND 10. PUBLIC COMMENTS Hal Kempe, 15177 Lincoln, Lake Elsinore, stated there is a traffic hazard at the intersection of Lincoln and Machado Streets and would like the tree that is located there removed. Mr. Kempe asked why the City put in fill on Lakeshore Drive where the pumps are located. Mr. Rubel stated the road had deteriorated to such an extent that the road needed to be repaired. Mr. Rubel stated this amount of fill was necessary to repair the road and make it safe for traffic. Mr. Porter stated he did not feel the fill and repair of the road caused any problems. Eugene Carter, 109 N. Lowell, Lake Elsinore, stated there are three (3) wells in the lake owned by the State. The water pumped from the lake was cleaner than the water the residents receive today. Mr. Carter recommended the City contact the State regarding the well sites. Mr. Unsworth asked Mr. Carter to share his information on the well sites with the City Engineer. Mr. Carter refused to share this infor- mation and asked the Council to give him a letter so that he could take it to Sacramento, regarding obtaining at least one of the well sites. 124 Page six City Council Minutes June 14, 1983 PUBLIC C~MENTS Paul Baccus, 31190 Riverside Drive, Lake Elsinore, asked the Council if the other boards and commissions of the City can have a section for Public Comments. Mr. Porter stated the boards and commissions can have a public comment section if they desire. There are no provisions in the governmental code which require a public comments section. Mr. Baccus asked how committees and commissions are formed, more specifically the Lakeshore Overlay Committee. Mr. Unsworth stated it was a group of people which formed the committee, the committee was not formed by the City. ... Patrick Callahan, 1402 Lakeshore Drive reported the 25 mi1e-an-hour speed sign was down on Lakeshore Drive approximately 150' west of Davis Street. REPORTS AND RECOMMENDATIONS Mr. Knight stated he would like to get a dance license for the Jubilee Celebration for July 1st and 2nd. Mr. Trevino will work with Counci1member Knight and bring back to the Council. Mr. Knight asked staff for information regarding the lighting of Swick Park. Mr. Rubel reported the contract for Swick Park provided for lighting on the Little League Field. A change order was approved for additional lighting on the Senior League Field however staff feels the bid received from the contractor was too high for the work to be performed. Mr. Knight asked Mr. Porter where the City stands on the Tilley Agreement. Mr. Porter stated the Tilley Agreement was the subject of much discussion after the 1980 floods and it was discussed that the pumping would not be in breach of the contract. in an amendment to the agreement which was proposed at that time. Negotiations have been reinstated for the amendment to the agreement. Mr. Carter stated there is a section of the Tilley Agreement, page 17 ,.articles 17 and 18 which refer.s to private or public nuisances. Mr. Carter asked the Council r permission to show a film in three or four weeks of a Council meeting which took place six or seven years ago. Mr. Unsworth directed Mr. Carter to discuss the matter with Mr. Trevino. - Mr. Knight stated lately there are a large number of dogs running lose in the City. Council concurred to set Wednesday, June 15th, at 5:30 p.m. as the next Budget Study Session. Mr. MacMurray read a petition signed by a number of Lake Elsinore Village Residents asking Mr. Trevino be retained as City Manager. Discussion was led on adjusting the hours of the Animal Control Officer in order to control violations occuring during the off-hours. Ms. Valenzuela reported that if a site is selected for a Solid Waste Landfill without any input from the residents of Lake Elsinore. we may have to face the fact of hauling all our waste to El Prado or Alberhill. A meeting is scheduled for August 3rd at 9:30 a.m. in Riverside at the Rivers~de Planning Commission and suggested letters be sent to the Planning Commission regarding what the residents would want and need. All letters should be submitted by July 30th. Mr. Unsworth stated the City is trying to start the Neighborhood Watch Program and the City is looking for two more people in order to get the program started. People cap sign up at City Hall, Fire Department or Sheriff's Department. - l\DJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 9:38 P.M. Ilf) fL ~ Yv~.p( ~ ... JO~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: 4'~~ DEBO AH A. H"ARRI GTON, Y CLERK 125 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:35 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was ledpy Councilmember Valenzuela. ROLL CALL The City Clerk called the roll: 00 PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ~ ABSENT: COUNCILMEMBERS: NONE ~ I~ Also present were: Interim City Manager/Community Development Director Trevino, ~ City Attorney Porter, City Clerk Harrington, Public Works Director/City Engineer ~ Rubel and Finance Director Ronnow. CONSENT CALENDAR Councilmember Torn asked item five (5) be removed from the Consent Calendar. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE . OF THE CONSENT CALENDAR AS PRESENTED WITH THE EXCEPTION OF ITEM FIVE (5). 1. Minutes: a. June 6, 1983 - Study Session: Approved as presented. b. June 9, 1983 - Study Session: Approved as presented. c. June 14, 1983 - Regular Meeting: Approved as presented. d. June 15, 1983 - Study Session: Approved_as presented. 2. Acceptance of Final Parcel Map No. 17506: Approved and directed City Clerk to sign and arrange for recordation of map. 3. Acceptance of Final Parcel Map No. 18811: Approved and directed City Clerk to sign and arrange for recordation of map. 4. Notice of Completion - Community Center Kitchen Addition: Accepted and authorized the City Clerk to record with Riverside County Recorder. 5. Portraits for Council: Removed from Consent Calendar for further consideration. 6. Claim - Patricia A. Snyder: Rejected and referred to City Attorney. ITEM REMOVED FROM CONSENT CALENDAR 5. Portraits for Council: Mr. Torn asked this item be removed from the Consent Calendar because he felt it was an unbudgeted expense which was not discussed by Council. Mr. Trevino stated he made the recommendation and most City Halls do have portraits of the Council and felt it was a valid expenditure of public funds. Moved by Torn to table this item. Motion died for lack of a second. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO ACCEPT THE STAFF RECOMMENDATION TO APPROVE THE EXPENDITURE OF $200.00 FOR PORTRAITS OF THE COUNCIL. AYES: VALENZUELA, KNIGHT, MAC MURRAY NOES: TORN, UNSWORTH ABSENT: NONE 126 Page two City Council Minutes June 28, 1983 PUBLIC HEARING 31. Tentative Tract Map 19357 and Conditional Exception Permit 83-5: Art Nelson, North of Riverside Drive, West of Joy Street. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for Tentative Tract Map 19357 and Conditional Exception Permit 83-5 located north of Riverside Drive, west of Joy Street. Mr. Trevino gave background information on the project reporting that the Planning Commission recommended approval subject to 31 conditions of the ... Planning Commission. The City Clerk stated no correspondence had been received on the project. Mayor Unsworth opened the public hearing at 7:45 p.m. asking those in favor of the Tentative Tract Map and Conditional Exception Permit to speak. Fred Crowe, Butterfield Surveys, 620 W. Graham Avenue, Lake Elsinore, spoke in favor of the map and permit stating he prepared the map for Art Nelson and felt it was a good project. Mr. Crowe explained the location of the project. Mayor Unsworth asked those in opposition to the Tentative Tract Map and Conditional Exception Permit to speak. Mr. Carter spoke in opposition to the project based on sewer capacity. Staff and Councilman Torn explained that capacity has been set aside for this project through a'Sewer District which has been paid in full. Mayor Unsworth closed the public hearing at 7:50 p.m. Mr. Torn felt the main problem with the Woodhaven Project which is similar to this project is that there are narrow house frontages and people parking R.V.ls and boats in the driveways. Mr. Torn asked if it would be possible to add to the C.C. & R. IS a prohibition against storage of boats and R.V. IS in the drive- ways. Mr. Crowe stated he felt the condition would be reasonable. Mr. Crowe also stated that the frontages are wider than Woodhavenls and provide one additional space for parking of cars. -' Mr. Torn asked that Planning Commission condition #21 be amended to delete the wording "per County Standard #1000" because under this condition there may be an over-lighting of the subdivision and a waste of energy. Mr. Torn expressed concern over condition #25 and the possible over-signalization on Riverside Drive. Mr. Porter suggested the Council may wish to designate a zone which would be signalized with these funds instead of one intersection or another. Mr. Torn expressed concern over condition #29 and what is planned in front of the conditioned block wall and if landscaping is proposed in front of the wall, or what is proposed. Discussion ensued regarding what could be done on the wall. Mr. Rubel suggested this area could be included in the Lighting and Landscaping District. Mr. Crowe stated this item could be addressed further at the time of submittal of a plot plan to the Planning Commission and City Council showing placement of structures on the lots, parking and landscaping. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE TRACT MAP 19357 AND CONDITIONAL EXCEPTION PERMIT 83-5 SUBJECT TO PLANNING CONDITIONS WITH ITEM NUMBER FIVE (5) ADDING SECTION "D" WHICH WOULD READ "PROHIBITING BOAT AND R.V. STORAGE IN DRIVEWAYS; #21 DELETING "PER COUNTY STANDARD #1000"; #25 CHANGING THE WORD "JOY STREET" TO LINCOLN STREET; ADDING CONDITION #33, PAY APPLICABLE PUBLIC SAFETY FEES; #34, MEET ALL REQUIREMENTS OF ORDINANCE NO. 572 AND RESOLUTION NO. 77-39. BUSINESS ITEMS ... 51. Agreement for Regional Waste-Water Treatment Facility Mr. Trevino gave background information on the Regional Wastewater Treatment Plant and the agreement between the Elsinore Valley Municipal Water District and the City of Lake Elsinore. The City would be responsible for one-half of the 12-1/2% of the local share cost to the City and E.V.M.W.D. 127 Page three City Council Minutes June 28, 1983 BUSINESS ITEMS - Continued. 51. Agreement for Regional Waste-Water Treatment Facility - Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN AGREEMENT. 52. Notice of Intent for the Establishment of a Parking and Business Improvement District. Mr. Trevino gave background information on the establishment of a Parking and Business Improvement District for Downtown Lake Elsinore Businesses. Staff recommends the Council adopt the attached resolution setting the public hearing for July 26, 1983. RESOLUTION NO. 83-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 00 DECLARING ITS INTENTION TO ESTABLISH A CITY BUSINESS IMPROVEMENT ~ AREA IN THE CITY OF LAKE ELSINORE. ~ l~ MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADOPT ~ RESOLUTION NO. 83-40. 53. Authorization to purchase Sand Spreader Mr. Rubel stated that sand and/or chip sealing is very effective for street maintenance, and that City forces will be performing much of this type of preventative street maintenance and repair. Mr. Rubel recommended Council authorize the expenditure of $3,000 to purchase a sand and chip spreader for street repair. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE THE EXPENDITURE OF $3,000 TO PURCHASE SAND AND CHIP SPREADER. 54. Second Reading of Ordinance No. 670, concerning Public Hearings for Approval of Tentative Maps. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 670. ORDINANCE NO. 670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 16.24.105 TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING PUBLIC HEARINGS FOR APPROVAL OF TENTATIVE MAPS. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 670. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE PUBLIC COMMENTS Earl Pemberton, Bristle Cone Street, Lake Elsinore, spoke regarding the General Plan which was approved and felt since that time little or no staff work or attention has been directed by the administration to the need for preparation of ordinances supporting the land classifications of the new General Plan. Mr. Pemberton expressed concern over the Machado Pines subdivision and the new classification of Commercial Professional. He felt the change was important to the residents of Machado Pines because it would protect the residents from abuse from business operation which, because of noise problems, should not be permitted adjacent to residential prpperties. Mr. Pemberton expressed concern regarding a barn located on Machado Street which has an auto body shop in it and the business ignores its 8 a.m. to 5 p.m. time restriction. He asked the Council to instruct staff to rescind the permit based on its conflict with the General Plan Classification and that an administrative order be issued to the effect that no business permit may be issued for the new Commercial Professional Classification pending passage of the ordinance covering this new classification. J 2 B Page four City Council Minutes June 28, 1983 PUBLIC COMMENTS - Continued. Mr. Trevino responded to Mr. Pemberton stating staff did perform a field investigation on the site along with verification from the City Attorney that this was a legal operation prior to the business license being issued. Lee Allen, 270 Avenue 9, Lake Elsinore, stated he has an on-going problem with people using Avenue 9 as a racetrack. Mr. Allen stated if the City will not help alleviate the problem then he will have to do it himself. Mr. Unsworth asked Mr. Trevino to put this on the agenda for the next meeting with Captain Thompson. Kenny Staller, Stoneman Street, Lake Elsinore, spoke regarding the Elsinore Valley ... Municipal Water District Regional Sewer Treatment Plant. Mr. Staller stated he was hopeful the City would hold off approving the agreement and be the lead agency in the project. Don Trout, General Contractor living on the other side of the lake spoke regarding the Sewer Treatment Plant. Mr. Trout addressed the problems with the water flooding in the area where the Plant is proposed. Mr. Trout stated he is developing a recall petition for the Water District Board. Eugene Carter, 109 Lowell Street, Lake Elsinore, stated there is a petition to recall the District Boardmembers. Mr. Carter suggested the Council rescind the action taken on the agreement between the City and the Elsinore Valley Municipal Water District. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AND LAKE ELSINORE TRANSIT BOARD MEETINGS AT 8:28 P.M. COUNCIL RECONVENED AT 8:43 P.M. COUNCIL ADJOURNED TO EXECUTIVE SESSION TO DISCUSS LITIGATION AND PERSONNEL. COUNCIL RECONVENED AT 9:50 P.M. Mr. Porter reported one of the items discussed was a litigation matter between the City and Nyiri and other parties. The other parties have reached a settlement and will be paying one another damages and conveying property and have asked the City sign an agreement not to sue them for malicious prosecution or any claim and recommends the Council authorize the Mayor to sign the settlement agreement. ... MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO AUTHORIZE THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT. Mr. Porter stated the other item was the City Treasurer Position involving Jimmy Morgan. It has come to his attention that Mr. Morgan may not reside within the City limits and suggested the Council direct the City Attorney to look into having Mr. Morgan give the Attorney a formal response at the next Council meeting so that the Council can be properly guided in its actions. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT MR. PORTER BE DIRECTED TO LOOK INTO THE STATUS OF THE CITY TREASURER RESIDING WITHIN THE CORPORATE LIMITS OF THE CITY AND HAVING MR. MORGAN PROVIDE THE COUNCIL WITH A STATEMENT AS TO THIS MATTER. Mr. Porter suggested that the Council adjourn tonight's meeting to Thursday in order for him to review the materials previously prepared regarding the City Treasurer being elected or appointed. Mr. Porter felt the matter could be placed on the November Ballot, however wanted to verify one issue prior to making the recommendation. Mr. Porter will either send a report or phone the City Clerk with the information. Mr. Porter stated the City will be closing the Fiscal Year and has received five (5) claims which there is not time to put them on the agenda and would like to recommend each be rejected and referred. The five claims are as follows: 1) Fred Burdick, Claim 83-12; 2) General Telephone 83-13; 3) Thomas Frank, 83-15; 4) Lake Elsinore Recreation Area Inc., Claim 83-16 and 5) Mr. Martinez, Claim 83-16. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO REJECT ALL CLAIMS. ... Mr. Trevino reported there was no action taken on the Personnel Matter. ---, Page five City Council Minutes June 28, 1983 129 REPORTS AND RECOMMENDATIONS Mr. Knight asked staff to clean out the Flag Pole Holes in the Downtown area with the City compressor in order that the American Legion can set out the flags for the Centennial Celebration and 4th of July. r-- Mr. Knight suggested the bench at Gediman Park be removed in the best interest of the City as a way of keeping people fromloitering in the Park. Discussion ensued among the Council regarding the improvement in the downtown area in relation to loitering since the Downtown Patrol has been started. Ms. Valenzuela felt in another three l~ months the park should be cleaned up considerably more than it is already. Ms. Valenzuela reported a couple of months ago a letter was received from Peggy Lackey on a Community Programs Committee and a study session was to have been set. Ms. Valenzuela stated she would like to see this pursued and the letter brought back for study session or back to Council. Council concurred to have a Study Session on this matter. It was recommended that the Chamber of Commerce and Downtown Business Association be involved. Ms. Valenzuela reported that all funds derived go to the Community Center. CD m C\J w m <( Ms. Valenzuela reported that one of the officers from the American Legion has a generator at their facility and recommended that the American Legion be used as a Disaster Headquarters under the Volunteer Program and through the Office of Emergency Preparedness. Ms. Valenzuela stated that Mr. Knight and herself have been appealing to the citizens on the Solid Waste Site. Ms. Valenzuela reported that Mr. Walt Abraham, County Supervisor, will have a statement in the Sun Tribune on June 29th to the effect that the County is negotiating to enlarge or have our own waste site. Mro Abraham sU9gests_ that people attend the August 3rd meeting at the County Planning Commission in Riverside. ,--.. '- Mr. MacMurray stated he would like to see staff directed to rectify the lighting problems at Swick Park. Mr. Trevino reported the problem with the 1ight;-going out. at the Little League Games was du~ to the timer. Staff to re-set the timer. Mr. Torn reported he has received comments and requests that the area between the walkway and the Village adjacent to the L.E.T.S. Yard be cleaned up. . Mr. Torn asked staff if they could start to look at the Appeals Board being presented with a list of structures that should be abated. Mr. Torn stated there are a number of vacant lots being used as used car sales lots and asked staff to take care of this. Mr. Torn commended the street crews on their patching work on Lakeshore Drive. Mr. Trevino reported he has an item from Mr. Ronnow regarding the NCR 399 Billing Machine. Mr. Ronnow reported in his memo to Mr. Trevino that the NCR 399 Billing machine is considered to be surplus machinery. The City has received an offer toH purchase the machine from the Santa Ana River Water Company in the amount of $300. Mr. Trevino stated NCR no longer makes this model and for all practical purposes the machine is obsolete. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ACCEPT THE OFFER FROM THE SANTA ANA RIVER WATER COMPANY IN THE AMOUNT OF $300. ~. Mr. Guy Taylor presented the Council with a copy of the City Council Minutes of April 7, 1975 which approved his project and asked the Council if they had ever L- read the original agreement between himself and the City. Mr. Unsworth announced that two (2) people are needed to sign up for the Neighborhood Watch Program in order for the program to be established. Applications can be filled out at the Sheriff's Station, Fire Station and City Hall. Mr. Unsworth stated the Little League lost $200 worth of food when the electricty went out at the Ballfields and would like to present a bill to the City to be re- imbursed for their loss. Mr. Porter recommended the group fill out a claim form and it wi 11 be presented to the City Counc i 1. Mr. Unsworth verified that Mr. Knight has resigned from the Chamber of Commerce Committee and asked if anyone would like to volunteer to be the Council Representative on the Chamber of Commerce. Page six 1c.t{f Council Minutes JUne 28, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Knight stated he doesn't really want to resign, but due to circumstances, he feels he should resign. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO REJECT THE RESIGNATION UNTIL A COUNCIL SET-DOWN CAN BE HELD. Mr. Rubel reported that the City Crews will be starting on Flint Street to do repairs in a couple of days. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:13 P.M. TO THURSDAY, JUNE 30, 1983, AT 6:00 P.M. 1 J C ATTEST: 4~~~'~ BO AH A. HA RINGTON, CI~ERK '- /" - -;- ":' '7 - . - ..J- ..... ,","':--- ~ 131 MINUTES ADJOURNED REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JUNE 30, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Adjourned Regular Meeting of the City Council of the City of Lake Elsinore was called to order by Mayor Unsworth at 6:07 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH ABSENT: COUNCIU1EMBERS: TORN Mr. Torn was not present due to a family emergency. Mr. Torn was initiaJ1y notified that the meeting may be cancelled, however, was not able to be notified 6~ its 00 continuation. l'- ~ Also present was the City Clerk, Deborah Harrington. 1-::> ~ BUSINESS ITEM A. City Measure regarding City Treasurer on the November Ballot. Ms. Harrington reported that City Attorney, John Porter, recommended in a June 9, 1983, report to the City Council that the Fire and Police Measurers not be in- cluded on the NovelJ1ber Ballot. f'1r. Porter reported that July 6th, would b€- the last day the City Council could elect to put the City Treasurer MeastJl"9on the November Ballot. Ms. Harrington reported there would be two actions necessary to place the item on the November Ballot, the first would be to adopt a Resolution calling and giving notice of a Special Municipal Election if the Council wished to present only the measure of changing the office of Eity- Treasurer to an appointive position and the second action would be to direct the City Clerk to transmit a copy of the measure to the City attorney to pre- pare an impartial analysis. Council discussed giving the public the option of making this position an appointive position. The City Clerk stated the financial impact of the election would be $2,100. This election would be consolidated with the County of Riverside. RESOLUTION NO. 83- 4" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 8, 1983, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSED MEASURE RELATING TO THE OFFICE OF CITY TREASURER AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE SAID SPECIAL MUNICIPAL ELECTION OF SAID CITY WITH THE CONSOLIDATE D ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23303 OF THE ELECTIONS CODE. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-40, AND DIRECTED THE CITY CLERK TO TRANSMIT A COpy OF THE MEASURE TO THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. Ms. Valenzuela stated in many cities the City ~1anager, Finance Director or City Clerk have joint titles to include City Treasurer. It is the Finance Director-who goes through the Audit, not the City Treasurer and felt it was a duplication of work. Ms. Valenzuela reported that she has volunteers ready to send out the legal letters for AB 1693. They will be done next Thursday. 132 Page two City Council Minutes June 30, 1983 BUSINESS ITEMS - Continued. B. EXECUTIVE SESSION COUNCIL ADJOURNED TO EXECUTIVE SESSION AT 6:23 P.M. TO DISCUSS A PERSONNEL MATTER. COUNCIL RECONVENED AT 8:15 P.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AT 8:16 P.M. TO 7:00 P.M. ON ... TUESDAY, JULY 5, 1983. ATTEST: --- -- . - . . ... ... 133 MINUTES CITY OF LAKE ELSINORE ADJOURNED, ADJOURNED, REGULAR CITY COUNCIL MEETING 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 5, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Adjourned, Adjourned Regular City Council meeting was called to order by Mayor Unsworth at 7:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE BUSINESS ITEMS 00 l:"- I'- !"":) Q o A. Swick Field Improvement Grant Mr. Trevino requested the Council to approve the attached Resolution authorizing the City Manager to sign on behalf of the City with reference to the grant concerning Swick Park Improvement Program. The City was successful in their application and award of a grant in the amount of $17,600.03. ,- RESOLUTION NO. 83-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING ROBERT TREVINO, CITY MANAGER, TO ENTER INTO AN AGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF FORESTRY FOR THE USE OF GRANT FUNDS AWARDED UNDER THE PARK RESTORATION AND URBAN REFORESTATION PROGRAM FOR THE CITY PROJECT ENTITLED, IIRESTORATION OF SWICK PARKIII~ MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-41. B. Executive Session Council adjourned into Executive Session to discuss a personnel matter at 7:30 p.m. Council reconvened at 9:30 p.m. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED TO HIRE ROBERT TREVINO AS CITY MANAGER, CONDITIONS TO BE NEGOTIATED. Torn and Unsworth voted no. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE ADJOURNED, ADJOURNED REGULAR CITY COUNCIL MEETING AT 9:35 P.M. TO THURSDAY, JULY 7, 1983, AT 7:00 P.M. Zz~ j}, ~T;t;: J~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: 134 MINUTES CITY OF LAKE ELSINORE THIRD ADJOURNED CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JULY 7, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Third Adjourned City Council Meeting was called to order by Mayor Unsworth ... at 7:03 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present was City Manager Trevino and City Attorney Porter. BUSINESS SESSION COUNCIL ADJOURNED INTO EXECUTIVE SESSION AT 7:04 P.M. TO DISCUSS POTENTIAL LITIGATION AND PERSONNEL MATTERS. COUNCIL RECONVENED AT 9:03 P.~. Mr. Porter reported on the City Manager Agreement and has prepared a draft agreement which each of the Council received. There were revisions made to the contract and Mr. Trevino has indicated the contract is acceptable to him. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED BY ROLL CAlL VOTE TO APPROVE THE CONTRACT AGREEMENT FOR ROBERT TREVINO AS CITY MANAGER. AYES: KNIGHT, MAC MURRAY, VALENZUELA NOES: TORN, UNSWORTH ... Mr. Torn stated he voted no because he does not believe that a City Manager's contract should include a length of term within the contract. Mr. Torn stated he was opposed to the contract, but in agreement that Mr. Trevino should be offered the job as City Manager. Mr. Unsworth agreed. Mr. Porter stated the next step would be to direct the City Attorney to prepare the agreement in final form and prepare an amendment to the ordinance and prepare the appropriate resolution adopting the agreement. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE CITY ATTORNEY'S RECOMMENDATION THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE THE AGREEMENT IN FINAL FORM AND PREPARE AN AMENDMENT TO THE ORDINANCE AND PREPARE THE APPROPRIATE RESOLUTION ADOPTING THE AGREEMENT. ADJOURNMENT MOVED BY VALENZUELA, SECONDED MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE THIRD ADJOURNED CITY COUNCIL MEETING AT 9:07 P.M. ~~~A J. N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ... ATTEST: DEBORAH A. HARRINGTON, CITY CLERK 135 ~n NUTES CITY OF LAKE ELSINORE JOINT PUBLIC HEARING CITY COUNCIL/REDEVELOPMENT AGENCY MACHADO ELEMENTARY SCHOOL 15150 JOY STREET LAKE ELSINORE, CALIFORNIA MONDAY, JULY 11,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Joint Public Hearing of the City Council/Redevelopment Agency was called to order at 7:42 p.m. by Mayor John Unsworth. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY PRESENT: BOARDMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH ABSENT: BOARDMEMBERS: MAC MURRAY (X) r-. l"- '-::> Q o Also present were: City Manager Robert Trevino, Agency Counsel Gene Nazarek and Recording Secretary Jo Ann Money. RANCHO LAGUNA REDEVELOPMENT PROJECT NO. II Mayor Unsworth stated that the purpose of this meeting was to consider and act upon: 1) The Redevelopment Plan 2) Environmental Impact Report on the Redevelopment Plan Gene Nazarek stated that he has reviewed the Statements of Economic Interest filed by each member of the Council, Redevelopment Agency and appropriate staff members and, in his opinion, no member of the Redevelopment Agency, City Councilor staff ~ has any conflict of interest which in any way would prohibit them from acting on the matters before them tonight or in otherwise participating in these proceedings. Counsel introduced three documents into evidence: Exhibit A - Affidavit of Publication of the Notice of Public Hearing Exhibit B - Certificate of Mailing of Notice of Public Hearing to each Property Owner in the Proposed Project Area Exhibit C - Certificate of Mailing of Notice of Public Hearing to each Effected Taxing Agency These documents were entered into and made a part of the record. Mayor Unsworth explained the requirements of the Community Redevelopment Law by which these proceedings are governed. The order of procedure was described as fa 11 ows : 1) Staff presentation of Redevelopment Plan, Environmental Impact Report and other evidence and testimony in support of the Plan, 2) Receive any written comments, and 3) Receive any evidence and oral testimony from those present. STAFF REPORTS AND RECOMMENDATIONS - A. Agency Counsel Report ~1r. Nazarek explained that during these proceedings, testimony would be pre- sented regarding the certification of the Environmental Impact Report and the adoption of the Redevelopment Plan. At the conclusion of the hearing, if the City Council wishes to proceed with the project, it will be necessary for Council to act, by Ordinance, which must include very specific findings: 1) That the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes set forth in the Community Redevelopment Law, '136 Page two Joint Public Hearing July 11, 1983 A. Agency Counsel Report. - Continued. 2) That the Redevelopment Plan would redevelop the area in conformity with the Community Redevelopment Law and in the interest of the public peace, health, safety and welfare, 3) That the adoption and carrying-out of the Redevelopment Plan is economically sound and feasible, 4) That the Redevelopment Plan conforms to the General Plan of the City, 5) That the carrying-out of the Redevelopment Plan would promote the public peace, health, safety and welfare, 6) That the condemnation of real property is necessary to the implementation of ... the Redevelopment Plan and adequate provisions have been made for payment for any property to be acquired. The Plan restricts use of eminent domain. No property residentially zoned, of one (1) acre or less, may be acquired by eminent domain, 7) That the Agency has a feasible method for the relocation of any persons dis- placed from the Project Area, if such displacement should occur, 8) If there are any non-contiguous areas within the project area, these areas are either blighted or necessary for the effect of redevelopment and are not included for the purpose of obtaining an allocation of taxes from such areas, without other substantial justification, 9) The inclusion of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare, is necessary for the effective re- development of the area of which they are a part. Any such area included is necessary for the effect of redevelopment and is not included for the purpose of obtaining an allocation of tax increment without other substantial justification, 10) Elimination of blight in the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone, without the aid and assistance of the Redevelopment Agency. B. MSI Consultant Report Dick Hill, MSI Project Manager, summarized a number of documents which the Agency, the City Council and the Planning Commission have acted upon during this .approximate six month process. These documents have been on file and made available to the public and were identified as such in the notice of public bearing. - The Redevelopment Plan is a very general document that identifies the goals and objectives of the Redevelopment Agency in accordance with the General Plan of the City. It provides for participation by owners and tenants within the Project Area, provides for a method of relocation, if necessary, provides for the Agency to acquire land to clear the site and to convey that land. It gives the Agency obligations with regard to low and moderate income housing and pro- vides for restrictions as to the amount of tax increment revenue which is the primary source of revenue allowed by Redevelopment Law to accrue to the agency. There are limitations as to the length of time and the amount of outstanding bonded indebtedness which the agency can incur. This is not an indebtedness of the City but strictly an indebtedness of the Redevelopment Agency. It charges the Redevelopment Agency with the obligation to carry out the Redevelopment Plan should it be adopted, and provides for a forty (40) year term in the plan, should bonded indebtedness become necessary through that time, to carry out the objectives. The Project Area was broken up into Areas A, B, C, and D simply for ease of discussion in the documents and the fact that each one' of the areas has a some- what different characteristic. They do not have any difference as far as the impact of the plan. Redevelopment Project Area No. I, adopted some time ago, has just recently begun to receive tax increment revenues to assist in carrying out the goals and objectives of that plan. The primary purpose of the plan is to provide for new development and rehabilitation of residential, commercial and industrial uses in an attempt to add additional employment opportunities to the City, provide for an upgrading of certain areas within the designated area, including public improvements, and, assistance to developers and property owners and developing properties within these areas. .-, Page three Joint Public Hearing July 11, 1983 t31 B. MSI Consultant Report - Continued The following exhibits were entered into and made a part of the record: Exhibit D - Report of the Agency to the City Council including the Assessment of Conditions Report Exhibit E - Report of the Planning Commission of the City of Lake Elsinore OC; l"- r-.. ,""':) ~. o Joanne Grudgen of MSI reported that the Agency has before it the Environmental Impact Report on the proposed Rancho Laguna Redevelopment Project No. II, along with any comments and responses that have been received on the Draft Environ- mental Impact Report. The EIR was made available for public review and comment on May 2 through June 16, 1983, and a notice of that availability was published in the Sun Tribune Newspaper and copies were available in City Hall and the Lake Elsinore Public Library for anyone to read and comment on the report. The draft ErR will be considered the final ErR after all input is received tonight and all questions have been answered. The Agency will then consider the final Environmental Impact Report for certification, which is their recogni- tion that they have been provided with an environmental informational document and they are satisfied that it is legal and adequate. The Draft EIR addresses those environmental issues which were checked in the initial study which staff prepared in February, 1983, as possibly causing sig- nificant adverse impact if the Redevelopment Project were to be implemented. At that time, much consideration was given to identifying potential environ- mental impacts in the City of Lake Elsinore which could occur as a result of the Agency implementing goals and objectives and mitigation measures which have been identified in the City's General Plan and the Master EIR which were completed in late.1982. Some positive environmental impacts resulting from the Project would be assistance in financing street and storm drain improve- ments to sewer and water systems. ,.-- Because the Agency is proposing to implement projects which have already been approved by the Council, this draft ErR relies upon the City's master Environ- mental Assessment to identify critical environmental issues in the Project Area. These are the issues which the Agency will face immediately when the Project is implemented. These include hydrology and related lake stabilization problems, soils which present development constraints, seismic safety issues, sewage treatment, circulation and biological resources. The EIR does not contain specific detailed analysis of environmental issues because there are no specific detailed projects for which to complete such a study. What the Report does do is inform the Agency of the consequences, at a general 1 eve 1, of acti ve ly pursuing growth in the Project Area. If the mitigation measures which are recommended in the draft EIR, the Master Environmental Assessment and the General Plan are implemented, significant environmental impacts will be eliminated, or at least, mitigated. Fortunately, the Agency has the financial ability to assist in implementing some of these measures. ,..-. Ms. Grudgen stated there was additional input which was not added to the list of tbose respond i ng. Correspondence was recei ved from the El s i nore Valley Municipal Water District, State Department of Transportation-Aeronautics Div- ision, Metropolitan Water District, Southern California Edison Company, Southern California Association of Governments, State Department of Historic Preserva- tion and the State Department of Health. The following exhibits were entered into and made a part of the record: Exhibit F - Environmental Impact Report Exhibit G - Letters, Comments and Responses received during the period for review and comment on the Draft EIR. Dick Hill introduced a report to City Council on the Redevelopment Plan which summarizes all the actions that were taken, including: 1) The Preliminary Plan, including those conditions which were found with regard to the State definition of blight, including physical, social and economic blighting conditions within the Project Area. 138 Page four Joint Public Hearing July 11, 1983 B. MSI Consultant Reports - Continued 2) The methods for financing the Project Area, 3) The method of relocation of families and persons should they be displaced, 4) An analysis of the preliminary plan which was initially adopted by the Planning Commission, along with the boundaries which are to be considered tonight, 5) The reports and recommendations submitted by the Planning Commission with regard to the Redevelopment Plan and EIR, 6) Documents which have been submitted by the County and the various taxing Agencies which form the Fiscal Review Committee, 7} An analysis of that report of the Fiscal Review Committee. ... The following documents were entered into and made a part of the record: Exhibit H - The Preliminary Plan Exhibit I - The Redevelopment Plan Exhibit J - Owner Participation Rules and Re-Entry Preferences Exhibit K - Relocation Method Th~ Clerk sltated that the CltYClerk's Office had received correspondence from: l} Mr. Richard Slyker in opposition to the Plan. 2) Mr. Gerald Whipple in opposition to the Plan. 3) Ms. Danyta S. Moray requesting information on the Project. The above documents were entered into and made a part of the record as Exhibit L. PUBLIC HEARING Mayor Unsworth opened the public hearing at 8:07 p.m. asking those in favor of the Redevelopment Plan or the Environmental Impact Report to speak. Mr. Howard D. Stephens, Riverside County Auditor-Controller and Chairman of the Fiscal Review Committee for the Rancho laguna Redevelopment Project Area II, asked to make a report at this time. On July 7, the Committee mailed to the lake Elsinore Redevelopment Agency, a report prepared by the Fiscal Review Committee and asked that this report be made a part of the record. Mr. Stephens summarized by stating that the Fiscal Review Committee is made up of all affected taxing entities such as school districts, special districts, County of Riverside and others who are affected by the Redevelopment Project and the tax increment financing which attri- butes to the project. The report includes and lists all these affected agencies and includes recommendations from four different agencies; the County of Riverside, the County Flood Control District, Elsinore Valley Municipal Water District and the - Elsinore Valley Cemetery District. Mr. Stephens recommended studying the Fiscal Review Committee findings and, where appropriate, consideration should be given to mitigating any adverse fiscal impact which might conceivably occur. ... The report of the Fiscal Review Committee was entered into the record and made a part of Exhibit D. Jack Bresson, 10159 Victoria, Riverside, owns property in Area A of the Redevelop- ment Project Area and stated that he is in favor of the Plan. Verne Tendell, Deputy County Counsel, spoke in favor of the Redevelopment Project, stating that the County had an agreement with the RDA for Project I and hopes there will be an agreement for Project II. He urged working with the County Flood Control District soon in order to come to a mutual agreement for maintenance and operation of flood facilities. The County, as well as other agencies, lookS to community development in growing areas for increased tax revenue to help provide many public services such as court services, probation and recreational facilities ... to County residents. Mr. Tendell requested that the written comments submitted by the County Counsel's Office, be made a part of the record. These written com- ments were entered into the record and made a part of Exhibit L. ~ r-- r-- '~ ~ o ,...-. - 139 Page five Joint Public Hearing July 11, 1983 Mayor Unsworth asked those in opposition to the Redevelopment Plan or Environmental Impact Report to speak. The following persons spoke in opposition to the Plan: 1) Mr. Adam Natalie, 16899 Bell, and Chairman of the Board of the Elsinore Water District 2) Frances Boothe, 4651 Brownden, Rolling Hills Estates and part-owner of Select Nursury land 3) Deanna Elliano, 1131 Monroe, lake Elsinore 4) Richard Hackett, 3643 Raven Drive, lake Elsinore 5) Ronald Campbell, General Manager of the Elsinore Valley Municipal Water District Dick Hill from MSI requested that time be reserved later in the meeting for response to Mr. Campbell's comments. 6) 7) 8) 9) 10) 11) 12 ) 13) 14) 15) 16 ) 17) 18 ) 19 ) Charles D1Amore, 16729 Joy Street, lake Elsinore Bob Hoyt, 16720 Joy Street, lake Elsinore Frank N. Tomlinson, Fallbrook, part-owner of Select Nursury property Richard G. Courson, 22010 Alameda Del Monte, Wildomar, owner of 5 acres located within the Project Area Gene W. Harmon, 36221 Agape Lane, Wildomar, owner of property on Lakeshore Drive Dick Knapp, 29690 Dwan Drive, lake Elsinore Marilyn l. Greever, 23370 Corydon Road, representing Lake Elsinore Valley Cemetery District Mrs. Perry Beck, local property owner Harold Greenberg, local property owner Clarissa Fuller, 17424 Ryan, lake Elsinore Oma Slavick, 1944 N. Tustin, Orange, local property owner Theresa Christus, local resident Mrs. Earl Frazier, owner of 2~ acres in Area A of the Redevelopment Project Area Richard Mullinax, a local realtor All of the above comments and questions were responded to by appropriate Staff, Agency Counsel and/or Agency Consultants. Joanne Grudgen from MSI responded to comments made earlier in the meeting by Ron Campbell of the Elsinore Valley Municipal \~ater District. (Exhibit l) MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CLOSE THE PUBLIC HEARING AT 10:23 P.M~ Mr. Nazarek stated that he felt all comments and inquiries presented tonight had been answered or explained to the best of staff's ability. He reviewed a proposed resolution certifying the adequacy of the final EIR. Counsel also recommended con- sideration of a second resolution recommending adoption of the Redevelopment Project by the City Council. RESOLUTION NO. 83-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT NO. II. MOVED BY UNSWORTH, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-43 CERTIFYING THE ADEQUACY OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. II. 140 Page six Joint Public Hearing July 11, 1983 CRA RESOLUTION NO. 83-17 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE PROPOSED REDEVELOPMENT PLAN FOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT NO. II AND RECOMMEN- DING ADOPTION OF SAID REDEVELOPMENT PLAN BY THE CITY COUNCIL. MOVED BY UNSWORTH, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADOPT CRA RESOLUTION NO. 83-17 APPROVING THE PROPOSED REDEVELOPMENT PLAN FOR THE RANCHO ... LAGUNA REDEVELOPMENT PROJECT NO. II AND RECOMMENDING ADOPTION OF SAID REDEVELOP- MENT PLAN BY THE CITY COUNCIL. ADJOURNMENT - REDEVELOPMENT AGENCY MOVED BY UNSWORTH, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE REDEVELOPMENT AGENCY AT 10:40 P.M. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO OVERRULE ALL WRITTEN AND ORAL OBJECTIONS TO THE REDEVELOPMENT PLAN. Mr. Nazarek recommended that Council now consider a proposed ordinance adopting the Redevelopment Plan. This ordinance contains all the findings which were summarized at the commencement of this hearing and all the findings necessary under Community Redevelopment Law. As a result of this public hearing, sufficient evidence has been presented to support each and everyone of these findings. ORDINANCE NO. 671 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE RANCHO LAGUNA REDE- VELOPMENT PROJECT NO. II. - MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE FIRST READING OF ORDINANCE NO. 671 BY THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, TORN, VA~ENZUELA, UNSWORTH NOES: NONE ABSENT: MAC MURRAY Mr. Nazarek commented that it would be desireable to have the second reading of Ordinance No. 671 be considered by the City Council at the meeting of July 18, 1 983. ADJOURN~1ENT MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 10:47 P.M. ..... ATTEST: i)' ~.. /~ ZIJ. ~?t2fel-C.t . f /' /~ DEBORAH A. HA I , ci~ CLERK Respectfully Submitted, Jo Ann Money, Recording Secretary ,..- l.. CD OJ C\J W CD <( r-- L. I . 'r- I I . . I It l~! ._~-_.~ MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 12, 1983 141 . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:36 p.m. PLEDGE OF ALLEGIANCE The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager/Community Development Director Trevino, City Attorney Porter, City Clerk Harrington, and Public Works Director/City Engineer Rubel. PRESENTATIONS/PROCLAMATIONS Mr. Unsworth announced that Robert Trevino has been hired as City Manager. CONSENT CALENDAR MOVED BY TORN, SECONDE~ BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a. June 22, 1983 - Study Session - Approved as presented. b. June 28, 1983 - Regular Meeting - Approved as presented. c. June 30, 1983 - Adjourned Regular Meeting - Approved as presented. d. July 5, 1983 - Adjourned, Adjourned Regular Meeting - Approved as presented. e. July 7, 1983 - Third Adjourned Regular Meeting - Approved as presented. 2. Warrant List - June~ 1983: Approved warrant numbers 18386 through 18662 in the amount of $409,938.33. 3. Low Cost Rabies Vaccination Clinic: Approved request from County of Riverside Health Department for use of the City Park on Wednesday, September 14, 1983, 4:00 to 7:00 p.m. for low cost annual rabies vaccination clinic. 4. Use of City Park on July 30, 1983 - Elsinore Interest League: Approved request for Interest League to use the park, but it should not do so exclusively, therefore, approval .would not limitase of the park by other people or groups. 5. Use of Community Center on September 17, 1983 - S.O.M~I.: Approved use of community center on September 17, 1983 from 7:00 p.m. to 12:00 midnight. 6. County of Riverside, Office on Aging Agreement for FY 1983-84 for Title 5 Funding: Adopted Resolution No. 83-44 signifying its intention to submit a request for on-going Title V Funds for Fiscal Year 1983-84 under the Older American Act of 1965, as amended, and authorizing the City Manager to complete all documents to submit application in support of request for funds. 7. South Coast Air Quality Management District Request: Approved request to establish a temporary monitoring site during the period July 15 to October 15, 1983 to gather data by which to determine whether air quality has improved in the area. 8. Acceptance of Public Improv~ent in Tract No. 17222: Accepted public improvements in Tract No. 17222 and authorized release of bonds subject to receipt of a one year maintenance bond. 9. Building Division Monthly Activity Report - May, 1983: Received and Filed. Page two l~'Y Council Minutes fuiy 12, 1 983 CONSENT CALENDAR - Continued. 10. Set for Public Hearing - August 9, 1983: Tentative Tract Map 18389: Approved. PUBLIC HEARINGS 31. Tentative Tract Mapi74l3-3 and Planned Unit Development 83-1: A.B.C. Heritage Subdivision of 568 acres into 942 Single-Family Lots. North of Railroad Canyon Road, West of Canyon Lake. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of A.B.C. Heritage for Tentative Tract Map 17413-3 and Planned Unit Development 83-1. Mr. Trevino gave background information on the Tentative Tract Map and P.U.D. to be located north of Railroad Canyon Road, West of Canyon Lake. The Planning Commission recommended approval of the project subject to 57 conditions. The developers are proposing a revision to the T~ntative Tract Map. The map is planned in three (3) phases. Phase 1 contains 5 tracts; Phase 2 contains 6 tracts; and Phase 3 contains 7 tracts. The developer has dedicated a school and fire station site within the Tract Map. Discussion ensued regarding Condition 39 which was in a separate agreement. The City Clerk stated the following correspondence had been received regarding the project: 1. Letter from William E. Stewart, Canyon Lake Property Owners Association: requesting a postponement of any decision for a period of time not to exceed 30 days so that additional information can be obtained regarding the project. 2. David T. Sheldon, Planning Engineer Riverside County Flood Control and Water Conservation District, recommended approval subject to conditions. ., i;~ t":' A letter was received at the meeting from the Lake Elsinore Recreation and Park District stating the Recreation and Park District shall prepare and attach conditions of approval, including standards for determining land and fee requirements. ~. Mayor Unsworth opened the public hearing at 7:47 p.m. asking those in favor of the Tentative Tract Map and Planned Unit Development to speak. Lee Allen, Lake Elsinor~, asked for clarification on the boundaries of the project. Mr. Trevino showed the boundaries on the Tentative Map. Mayor Unsworth asked those in opposition to the Tentative Tract Map and P-1.~nned Unit Development to speak. John Feiger, 23020 Blue Bird, Canyon Lake, representing the Property Owners Association and Home Owners Association, asked the Counci:l to continue this item for a period not to exceed thirty days so that information can be obtafned regarding the project and conditions met. Grant Oleviler, representing himself and the Canyon Lake Property Owners, inquired about having an E.l.R.prepared for the project, not an E.I.S. as , he was handed in the past by the Planning Division. Mr. Oleviler expressed. concern regarding a street in the development which wo~ld connect to Appaloosa Court. The'street is marked for emergency access but fears it will become permanent access. Mr. Oleviler also stated the property around Appaloosa is privately owned property. Mr. Oleviler stated it appears that there is a storm drain' whi ch wi 11 take water across privately owned property to the BLM Land. Mr. Oleviler expressed concern over the amount of run-off water from the project which will end up in the lake along .with pesticides, chemicals from automobile and other chemicals. Mr. Oleviler stated he would like to see the slopes of the project landscaped and irrigated and a Property Owners Association developed to maintain the slopes with the developer to post bonds until such time as the association is formed. It was requested that tAe project be continued to enable a meeting with the Canyon Lake Property Owners Association and the City to resolve the problems. Lee Allen addressed a question to Mr.Oleviler, stating the City receives its water from Canyon Lake and it is~known that Canyon Lake is a recreational area and understands that ther~ is to be no body co~tact in water used for water consumption. Mr. Allen asked when are they going to stop the swimming in the lake. , . t ~ -,.., .!,..' . 143 Page three City Council Minutes July, 12, 1983 PUBLIC HEARINGS - Continued. 31. Tentative Tract Map #17413-3 and Planned Unit Development 83-1 - Continued. Eugene Carter, spoke regarding the possible contamination of Canyon Lake Drinking Water and concurred with the Canyon Lake Homeowners Association that the matter should be tabled. Ron White, A.B.C. Heritage, stated this is the third revision of the map and they have been working on the project for two years and the EIR's and EIS's along with the maps have been available to the public. Mr. White stated they have been struggling to get this project going and can not afford any more delays. Mayor Unsworth closed the public hearing at 8:15 p.m. ~ l"- ~ '-;) ~. Q Mr. Trevino stated staff would like to see old condition 39 incorporated into the conditions of approval. Mr. Torn reported the conditions of approval as follows: 1) That any fees in excess of those required, be offered as a donation to the Redevelopment Agency and 2) the developer assist in placement of $1/2 million in agency bonds; 3) 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 finance institutions; 4) 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. Mr. Andy Martin stated he agrees with the conditions of approval and urged the Council to approve the project. Mr. Porter reviewed the letter of agreement with the Council. -- MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE TRACT MAP No. 17413-3 AND PLANNED UNIT DEVELOPMENT 83-3 SUBJECT TO THE FIFTY- SEVEN (57) CONDITIONS; THAT ALL HOUSES HAVE A SIDEWALK IN FRONT OF THE HOUSES AND THAT ALL OF THE SIDEWALKS BE SEPARATED FROM THE CURB WITH A TWO FOOT (21) PARKVJAY. 32. Conditional Use Permit 83-6: To establish a Bicycle Motocross Track; Conditional Exception Permit 83-4: Waive Paving within the parking area; Robert Parker, 600 Feet Northwest of Malaga Road. -- Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-5 and Conditional Exception Permit 83-4. Mr. Trevino reported the Planning Commission recommends approval of the Permits subject to 10 conditions, however the Planning Commission deleted the original staff condition #7 which the property or lessee dedicate land for road-widening purposes. Staff recommended the City Council concur to add original condition #7 to the list of conditions of approval. The City Clerk stated two letters were received: 1) T & S Development Inc., stating they are opposed to the proposed use, as they do not feel it is a proper use in a business district, they will approve of its use based upon the condition placed upon it and it's 6 month review process; 2) Stater Bros. Markets, originally objected to the project, in light of the overwhelming community support and that the project is temporary, will not raise any more objections and asked Council to enforce conditions set forth by the Planning Commission. Mayor Unsworth opened the public hearing at 8:38 p.m. asking those in favor of the Conditional Use Permit and Conditional Exception Permit to speak. Frank DePasquale spoke in favor of the proposed use stating it would be a good activity for the youth. Mr. DePasquale stated the project will be sanctioned by the international organization of BMX Tracks. 144 Page four City Council Minutes July 12,1983 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 83-6 and Conditional Exception Permit 83-4 - Continued. Eugene Carter spoke in favor of the project stating it would be a good activity in the community. Fred Hawkins, 35051 Orange Street, Lake Elsinore, stated he was one of the partners in the BMX Project and gave the City Council some background history on the sport of BMX. Mr. Hawkins stated he will be primarily running the track. Mr. Hawkins stated there are ample people in the City and the Valley to support this BMX Track, and it would be a benefit to the City to have the track. They have plans to have two races per week on Tuesday and Friday nights, depending on support other nights may be optional. Mr. Hawkings stated they have not decided on practice sessions at this time. - Mayor Unsworth asked those in opposition to Conditional Use Permit 83-6 and Conditional Exception Permit 83-4 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:56 p.m. Mr. Knight asked Mr. Hawkins how big the sign would be advertising the BMX Track. Mr. Hawkins stated the sign will be approximately 4' x 6', may list the racing times and dates. and will be thffrty feet from the street. Mr. Knight expressed concern that dust not become a problem at the site. Mr. Hawkins felt that oiling of the parking lot would not solve the pnoblem and proposed sprinkling the area and putting down d.g. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE PROJECT WITH THE FOLLOWING CHANGES. CONDITION #4, SNACK BAR FACILITY SHALL . BE TEMPORARY IN NATURE AND NO ALCHOLIC BEVERAGESmLL BE SOLD; CONDITION #5, THE FOLLOWING LANGUAGE TO BE ADDED: THAT DUST CONTROL TO BE MONITORED BY STAFF, AND NEW DUST CONTROL MEASURES TO BE INSTITUTED AS RECOMMENDED BY DIRECTOR OF PLANNING; CONDITION #7, TO ALSO INCLUDE THE IMPROVEMENTS TO THE FRONTAGE OF MISSION TRAIL; AND AS RECOMMENDED BY CITY MANAGER, TO REINSTITUTE AS CONDITION #11, THE ORIGINAL PLANNING COMMISSION RECOMMENDATION TO PROVIDE FOR THE - DEDICATION OF THE ADDITIONAL RIGHT-OF-WAY. 33. Spring, 1983 Weed Abatement ~ Hearing on Cost to Property Owners Mayor Unsworth announced this was the time and place for a public hearing on the Spring, 1983 Weed Abatement Program. Mr. Rubel gave background information on the Spring Weed Abatement Program and recommended Council continue the public hearing until July 26, 1983. The City Clerk reported no correspondence has been received by the City Clerk's office regarding the Weed Abatement Program. Mayor Unsworth opened the public hearing at 9:07 p.m. asking those in favor of the Weed Abatment program to speak. Paul Baccus, 31190 Riverside Drive spoke in favor of the Weed Abatement Program, however was concerned about the preservation of the wild flowers. Mayor Unsworth asked those in opposition to the Weed Abatement Program to speak. No one asked to speak. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE THE PUBLIC HEARING TO JULY 26, 1983. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO SEND NOTICES FOR FALL, OR CONTINUING WEED ABATEMENT, TO SAME OWNERS AS WERE NOTIFIED FOR THE SPRING WEED ABATEMENT. .... . 1-l5 Page five City Council Minutes July 12, 1983 PUBLIC HEARINGS - Continued. 34. Lakeshore Overlay District - Oral Report by City Manager Mayor Unsworth announced this was the time and place for the public hearing on the Lakeshore Overl ay Di stri ct. ~ Mr. Trevino stated after discussions with several Councilmembers and input from various community groups and members, asked the Council to consider tabling the Lakeshore Overlay Ordinance until such time as the cityadresses the lake stablization. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO TABLE THE LAKESHORE OVERLAY ORDINANCE UNTIL FURTHER NOTICE. Councilman Torn and Mayor Unsworth voted no. 00 l'- l:'- '-::> o o Mr. Torn stated he disagreed with the action, felt there could be some changes to the ordinance, but this was the first attempt the City has made to start to clean-up the lake perimeter. Mr. Torn felt the lake stabilization could be several years before it is physically underway. Mr. Torn felt the City should clean up its property and enforce other property owners to clean up their property. 35. Conditional Exception Permit 83-3: A request to delete a portion of the required parking for a new tavern business. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Jan Hesselrode for Conditional Exception Permit 83-3 located at 148 N. Main Street. - Mr. Trevino gave background information on this item which was continued from a previous City Council meeting and recommended the City Council direct the City Attorney to research the matter and report back to Council on July 26, 1983. The City Clerk stated no correspondence had been received by her office pertaining to this item. - Mayor Unsworth opened the public hearing at 9:14 p.m. asking those in favor of the Conditional Exception Permit 83-3 to speak. Jan Hesselrode, 33263 Fairview, Lake Elsinore, stated that two Planning Commissioners which voted no on the Conditional Exception Permit should have removed themselves due to conflicts of interest. Ms. Hesselrode felt there :,wereenough parking spaces available within 100 feet of the project site. Ms. Hesselrode stated that time is of the essence and asked for a decision tonight. Mayor Unsworth asked those in opposition to the Conditional Exception Permit to spf:!ak. Whit Steed, 101 Mt. View, spoke in opposition to the Conditional Exception Permit. Mr. Steed felt the downtown area does not need another tavern. Parking is a problem in the downtown area and his business located at 101 N. Main Street suffers from lack of parking. Mr. Steed felt the deletion of the parking requirements was not proper. Dr. Comstock stated he agreed with the comments made by Mr. Steed regarding parking and the nature of the business being a tavern not being good for the downtown area. Mayor Unsworth closed the public hearing at 9:19 p.m. MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO DIRECT THE CITY ATTORNEY TO RESEARCH THE MATTER AND REPORT BACK TO THE COUNCIL ON JULY 26,1983. 146 Page six City Council Minutes July 12, 1983 OFF-AGENDA ITEM - LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 Mr. Trevino stated this is the time and place for the discussion on the Lighting and Landscaping District and also setting forth the resolutions and acceptance of the Engineering Report for the public hearing to be set for July 26, 1983. Mr. Mullen, Consulting Engineer for the Landscaping and Lighting Assessment District, presented the map showing the boundaries of the District. All the properties within the City limits will be included in the Assessment District. Mr. Mullen presented the Engineer1s Report which sets forth the estimated costs of the assessment district; Lighting - $80,000 and Landscaping - $59,000. The assessment of the cost has been spread over ~ll the parcels of land within the district and the proposed assessment cost for each zone. - RESOLUTION NO. 83-45 RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER1S IIREPORTII FOR CERTAIN LANDSCAPING AND STREET LIGHTING IMPROVEMENTS IN A PROPOSED MAINTENANCE DISTRICT. MOVED BY VALENZUELA, SECONDED BY TORN TO APPROVE RESOLUTION NO. 83-45 APPROVING THE ENGINEER'S REPORT. RESOLUTION NO. 83-46 RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE FORMATION OF A LANDSCAPING AND LIGHTING DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-46. Council concurred to recess at 9:27 p.m. Council reconvened at 9:43 p.m. - BUSINESS ITEt~S 51. City Manager Contract - Approval of Ordinance on First Reading; Adoption of Resolution and Execution of Agreement. Mr. Porter stated the Council has announced that Mr. Trevino was appointed the new City Manager and now is the time to take care of the details of the appointment. Mr. Porter stated he has prepared an agreement which he feels reflects the intent of the Council and Mr. Trevino. Mr. Porter stated under the City's current ordinance there is a procedure for removal of the City Manager, and Mr. Tr~vino and the Council have negotiated an alternative to the present ordinance which states that Mr. T~evino will have a two year contract and if removed at the pleasure of the City Council he will continue to receive his compensation for the remainder of the two years. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of Ordinance No. 672 ORDINANCE NO. 672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADDING SECTION 2.04.060 TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING AN ALTERNATIVE PROCEDURE BY WHICH THE CITY MANAGER MAY BE REMOVED FROM OFFICE. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 672. AYES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: NONE ... 147 Page seven City Council Minutes July 12, 1983 BUSINESS ITEMS - Continued. 51. City Manager Contract - Continued. Mr. Torn stated he voted no because he feels the position of City Manager is a unique position and a political appointment and philosophically he is opposed to putting any length of time in a contract. 52. Presentation by Peggy Lakey - Community Services Organization Mr. Unsworth stated that Ms. Lakey sent a letter to the Council stating she could not attend the meeting due to an illness. Mr. Trevino asked the Council to continue to the next Council meeting. Mr. Unsworth asked the City Clerk to notify Ms. Lakey that this item will be held over to the next City Council meeting. 53. Request for Rehabilitation Permit, 16709 Joy Street ~ Mr. Frazier, Sr. Building Inspector, gave background information on the request ~ of Ms. Frank for a rehabilitation permit. Mr. Frazier stated the property l~ is located at 1269.5 M.S.L. and as a result must obtain Council approval prior ~. to the issuance of permits. o ~ Ms. Frank, 16709 Joy Street~ stated the lowest part of the house is located at 1269.73 M.S.L. and is in need of rehabilitation to bring the house up to code. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST OF MS. FRANK FOR A PERMIT TO REHABILIATE HER RESIDENTIAL STRUCTURE AND BECAUSE SHE IS BELOW 1270 M.S.L. SHE SHOULD SIGN THE DEED NOTIFICATION FORM. 54. Application of Requirements of Ordinance No. 572 to a Residential Property Mr. Rubel gave background information on the request of Mr. Mosbacher and recommended approval to the Council provided certain conditions are met by the developer. Mr. Mosbacher stated when he initially started this project he was told by the Planning and Building Departments that what he wanted to do did not require any variances. Since that time he has been involved with the Engineering Department and they have- asked he bond for the improvements. Mr. Mosbacher stated he was not sure he could bond for something he did not own. He stated he agreed that dust problems from the easement should be taken care of~ would pave the back of the street and possibly if the access did come available, the improvements would go in and he would give the city a letter that he would bring the improvements up to standard. Discussion was led regarding the property being included in the Sewer Assessment District and access to the property. Mr. Torn stated that usually when there is a reason to delay public improvements for non-tract purposes~ we allow the property owner to sign an agreement and not require bonds. ~ MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE ISSUANCE OF THE BUILDING PERMIT FOR HUGH MOSBACHER, WITH CONDITION NO. 1 AS A SOLE AND IMMEDIATE CONDITION AND THAT THE OTHER CONDITIONS THAT SPEAK TO OTHER KINDS OF PUBLIC IMPROVEMENTS, THOSE THAT FRONT MR. MOSBACHER'S PROPERTY THAT HE BE ALLOWED TO ENTER INTO AN AGREEMENT WITH THE CITY FOR THE ULTIMATE INSTALLATION OF THE IMPROVEMENTS UPON DEMAND OF THE CITY AND THAT WE NOT AT THIS TIME ADDRESS THOSE PROPERTIES THAT ARE NOT IN MR. MOSBACHER'S OWNERSHIP OR CONTROL. 55. Commercial Project 83-4: Guy Taylor, Construction of Sales Room on Existing Auto Dismantling Yard. Mr. Trevino read the staff report to the City Council dated June 24, 1983~ giving background information on Commercial Project 83-4. The request is for a 40' x 40' sales room on an existing auto dismantling yard on Collier Avenue. The Design Review Board approved its use subject to nine (9) conditions. The uniform building code states every building or portion thereof where persons are employed shall be provided with at least one water closet. '148 Page eight City Council Minutes July 12, 1983 BUSINESS ITEMS - Continued. 55. Commercial Project 83-4 - Continued. Guy Taylor, 17815 Collier Avenue, read a letter regarding condition imposed upon him in order to build an office. Mr. Taylor stated he has received a copy of staff recommendation on denial of the building of an office at the Elsinore Ecology Center. Mr. Taylor summarized the conditions: 1) Plot Plan was submitted on approximately 2/28/83 and again on 6/8/83; 2) This was addressed in the original agreement of 4/7/83, this condition has been postponed until the street has been aligned; 4) He can not pay these fees, ~ approximately $34,000; 5) He would not object to signing a hold harmless agreement from water coming from the lake, after the city repairs the north bank of Temescal Channel that has been cut in three places that is diverting water to the back of his fence; 6) This is no problem. There are more then 9 paved parking spaces; 7) This is no problem; 8) I am conducting business inside the fence; 11) I have had water service for over eight years; and 12) Items 4 and 12 are far beyond the scope of the original agreement of the City Council on 4/7/75. On that date, the City Council authorized him to build an office and the price to build a holding tank for the rest- rooms is out of reach and so is the $34,000 in Capital Improvement Fees. Ms. Valenzuela asked if the project site was located in the proposed industrial area. Staff stated it was located in the industrial area. Ms. Valenzuela asked if street improvements could be deferred. Staff stated they could. Ms. Valenzuela asked if staff could review this as a Redevelopment Project. Mr. Trevino stated staff could look at it as a Redevelopment Project Area. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DIRECT THE REDEVELOPMENT DIRECTOR TO RESEARCH THE MATTER AS A REDEVELOPMENT PROJ ECT . 56. Request for "Spa" installation permit - 15568 Grand Avenue Mr. Frazier stated that Mr. John Clark, owner of the residential structure at 15568 Grand Avenue is requesting a permit to install a spa on his property. The location of the spa would be below 1270' M.S.L. and higher than 1265'. The spa is more recreational oriented which is compatible with zoning and general plan designations. ' - MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SPA INSTALLATION. 57. Search and Rescue Team Request - Speed Limit on the Lake - Ordinance Mr. Trevino reported a letter was received from Bill Staples, Commander, Lake Elsinore Marine Search and Rescue Team. Mr. Staples is requesting that the City adopt an ordinance similar to the one adopted in 1980 limiting the speed on the waters of Lake Elsinore within the City's boundaries. The request is being brought before Council in order to protect the public from injuries and boat damages due to submerged hazards. Mr. Staples spoke in favor of the proposed ordinance, and stated he would like to move the buoys down to the Stoneman Park so there will be a pattern all around the lake. Mr. Staples stated that they will be able to enforce the speed limits. . Moved by MacMurray, Seconded by Valenzuela to approve the ordinance. Motion was not voted on. ..... Mr. Porter stated the lake is not really under City jurisdiction and State law provides that before a City may attempt to enforce a regulation on any body of water, that the proposed ordinance must be approved by a department in Sacramento. Mr. Porter expressed concern over the enforcement of the ordinance, and if citations are issued on the City Ordinance, then the City Attorney's Office must prosecute, then it becomes an expense to the City. Mr. Porter stated if the Council is interested in pursuing the matter, he can draw up an ordinance, submit it to the State for approval, then it can adopted by the City Council. , , ~ :,~ ~''i! i " I ~- ~j l ro m C\I w CD c:x: - '- '" ...... ! Page nine City Council Minutes July 12, 1983 149 BUSINESS ITEMS - Continued 57. Search and Rescue Team Request - Continued. Ted Cook, representing the Chamber of Commerce, spoke in favor of the Ordinance and offered any assistance by the Chamber in adopting a comprehensive Ordinance that would be applicable to any M,.S.L. of the lake. Council concurred to direct the City Attorney to work on the Ordinance and bring back to the City Council at the earliest possible date. 58. Proposed Assessment District 83-1 - Canyon Lake Hills Mr. Trevino reported that since the Elsinore Valley Municipal Water District is to provide sewer capacity to the Canyon Lake Hills Development through the assessment district process, the resolution is required from the City Council. The State and Highways Code requires approval of the legislative body of the City when the land to be assessed lies within the corporate limits of any city, or county. RESOLUTION NO. 83- 47 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. 83-1 (CANYON LAKE HILLS) OF ELSINORE VALLEY MUNICIPAL WATER DISTRICT. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-46. Mr. Coussins, District Engineer, Elsinore Valley Municipal Water District, reported the Board of Directors does endorse Assessment Distrnct No. 83-1, will cooperate with the developer in providing waste water system for the community. An agreement has been executed between the Canyon Lake Property Owners and E.V.~1.W.D. for the Water Treatment Plant. which provides for the pay-back for the common facilities by any future development to the Canyon Lake Property Owners Association. 59. Resolution of Intent to Annex: Annexation No. 29: Nine Parcels totaling 68.35 acres, northwest of the Intersection of 1-15 and Highway 74. Mr. Trevino reported that on March 23, 1982, the City Council approved Zone Change 81-5; a pre-annexation zone change for the subject property to CP (Commercial Park). On December 14, 1982, the Lake Elsinore General Plan was adopted designating the entire property proposed for annexation as General Commercial. A meeting held in early 1983 between City staff and LAFCO staff and the applicant's consultant resulted in a determination that additional properties should be included in the annexation proposal and, because of this, the annexation should be sponsored by the City. On May 19, 1983, the City Council agreed to sponsor Annexation No. 29. RESOLUTION NO. 83-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, STATING THE DESIRE AND INTENT TO ANNEX CERTAIN PROPERTY KNOWN AS ANNEXATION NO. 29 TO THE CITY OF LAKE ELSINORE. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION L- NO. 83-47. t1 h .' ~~. ~: r; "I ~; ~ 60. Office of City Treasurer - Vacancy Mr. Porter stated it was the responsibility of his office to bring to the attention of the City Council any problems in the appointee or elected offices of the City. Mr. Porter reported that many months ago the City Treasurer, Jimmy Morgan became quite ill and had to be hospitalized, cared for in a convalescent hospital and subsequently in a private home, both of which were outside the City limits. Mr. Morgan has let his apartment go and has stored his private belongings outside the city limits. If the City Treasurer ceases to be an inhabitant of the City, the office becomes vacant. It would be up. to the City Council to appoint a replacement to serve out the remainder of the term of City Treasurer. r' Page ten 1~~ Council Minutes July 12,1983 60. Office of City Treasurer - Vacancy - Continued. Mr. Porter stated he has advised Mr. Morgan that the item would be discussed on tonight's City Council agenda, and has also talked to the person caring for Mr. Morgan regarding his position. Mr. Porter has not had a response to any of his letters to Mr. Morgan. Mr. Porter stated the first step would be for the City Council to determine that the office is vacant and appoint a replacement for the office of City Treasurer. Mr. Morgan or his representative was not present. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UANNIMOUSLY TO FIND THE OFFICE OF CITY TREASURER TO BE VACANT. -,J'" "t The City Attorney stated the City may have 30 days in which to make an appointment. Mr. Torn felt that since the office of City Treasurer has been historically elected, the City Council has chosen to place the issue on the November Ballot, to determine whether it should remain elected or not, and since the position is presently elected, this would be an opportunity of members of the public to come forward and request they fill the seat. Mr. Torn felt the City Council should advertise for the seat. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE POSITION OF CITY TREASURER BE ADVERTISED TO FILL THE UNEXPIRED TERM OF CHARLES MORGAN. Mr. Porter stated he will send a letter to Mr. Morgan advising him of the action taken by the City Council. 61. Progress Payment No.3 - Swick Park Lighting/Fencing Project Mr. Rubel reported that the contract was awarded to Allied Sprinkler Co., Inc. in November, 1982. Staff is recommending Progress Payment No.3 be authorized in the amount of $43,740.02. The funds will be dispersed by joint checks to the contractor.and potential lien holders who supplied material and/or labor. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO AUTHORIZE PROGRESS PAYMENT NO.3 TO ALLIED SPRINKLER COMPANY, INC., IN THE AMOUNT OF $43,740.02. Councilmember Valenzuela voted no. .J ", Mr. Carter read a letter from Southern California Edison on the repairs which were needed to the Swick Park Project. Mr. Rubel stated the list Mr. Carter received from the Edison Company was the list the City Staff prepared and the items have been corrected. 62. Authorization to hire Contractor for Street Repair Mr. Rubel recommended the Council authorize staff to obtain informal bids and expend $5,000 to immediately initiate an accelerated street patching and repair program; and authorize staff to solicit formal bids for a more ex- tensive street patching and repair program. Mr. Rubel stated he is hopeful the street improvement program can be presented to the City Counc i 1 at"the July 26, 1983, meeti ng. ,"'. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO AUTHORIZE STAFF TO OBTAIN INFORMAL BIDS AND EXPEND $5,000 TO IMMEDIATELY INITIATE AN ACCELERATED' STREET PATCHING AND REPAIR PROGRAM; AND AUTHORIZE STAFF TO SOLICIT FORMAL BIDS FOR A MORE EXTENSIVE STREET PATCHING AND REPAIR PROGR~1. 63. City Water Well Progress Report Mr. Rubel gave background information on the status of the City Water Well Project and recommended that the City Council direct staff to prepare plans and specifications for, and to solicit bids for the installation of a pump and motor unit with meter, valves,clorination, controls and appurtenances; expending existing distribution system piping to connect to the well pump discharge and constructing the well enclosure and access. ~ MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO PREPARE PLANS AND SPECIFICATIONS FOR, AND TO SOLICIT BIDS FOR: 1. Installation of a pump and motor unit with meter, valves, clorinatioR system, controls and appurtenances. 15 '~ '" .,- Page eleven City Council Minutes July 12, 1983 BUSINESS ITEMS - Continued. 63. City Water Well Progress Report - Continued. , 12. Extending existing distribution system piping to connect to the well pump discharge. -- 3. Constructing the well enclosures and access. Mr. Carter asked staff what the flow of the well would be. Mr. Rubel stated it would be up to 500 gallons per minute. Mr. Carter asked the Council not take any action at this time. Mr. Carter also stated he has been ,in contact with Clute's Office regarding the three wells in the lake. General discussion ensued among the Councilmembers regarding the estimated cost of the well in order to get it on line, the cost would vary depending on equipment used and the utilization of city crews. Mr. Torn asked Mr. Rubel to have the Plans and Specifications ready for Council review within 45 days. ~ PUBLIC COMMENTS r-. 1-:> Mr. Carter, 109 N. Lowell, stated several weeks ago he asked the City Council to ~ give him a letter so he could go to Sacramento regarding the three wells that are -- in the lake, which the Council refused to give him. Mr. Carter stated he has been in contact with Steve Clute's office regarding the wells. Mr. Carter stated the Council should look into the matter of discrimination. Paul Baccus, 39190 Riverside Drive, spoke to the condition of the lakeshore and that the condition needs to be cleaned up not only by private property owners,:)but also the City. Mr. Baccus would like to see restrooms and trash cans put out on the properties. Mr. Baccus stated he is considering contacting the Public Health Department and have the whole lakeshore closed, but stated he does not want to do that. Mark LaPorte, 3860 Ulla Lane, commented on the condition of Lakeshore Drive and appealed to the sense of responsibility of the City Council to clean UD the ~akeshore. Mr. LaPorte sited a situation where a young boy drowred in the lake be- cause he was caught in a fence, which was under the water. Mr. LaPorte stated he would like to see the Council enact an ordinance whereby under water objects would be removed. -- Ms. Harrington, City Clerk, read a letter from Everett Wood, regarding the attendance of City Councilmembers at the July 4th Centennial Celebration. Mr. Wood felt the entire Council should have been present at the Celebration. Council recessed at 11:20 p.m. to Executive Session to discuss litigation matters. Council reconvened at 11:34 p.m. Mr. Porter reported there is a law suit pending entitled IIDay vs. City of Lake Elsinore and othersll. Recently there were some settlement negotiations. It has been his feeling that the City has had no exposure in the suit, except for de nding the suit. The parties have negotiated amoung themselves, basically have broken the settlement down in such a proportion that the City would pay $583.34 or 1/3 of the settlement. The only reason he recommends this to the City is because it is the only economical way to close the litigation. Mr. Porter felt the City does not have any liability and the payment is small enough that it will not open the door to other claims. The settlement agreement will end the law suit with no one making admission of liability, no one will sue anyone else because of this law suit and bring a close to this total procedure. This will be paid in a manner he will specify to the Finance Director. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE CITY ATTORNEY'S RECOMMENDATION TO ENTER INTO A SETTLEMENT AGREEMENT IN THE CASE OF IIDAY VS. CITY OF LAKE ELSINORE AND OTHERSII WITH THE PAYMENT TO BE SPECIFIED TO THE FINANCE DIRECTOR. 152 Page twelve City Council Minutes July 12, 1983 REPORTS AND RECOMMENDATIONS Mr. Trevino advised the Council that the funds have been received for the Swick Park Rehabilitation and will be proceeding with the project. Ms. Harrington reported that arguments can be filed up to the 19th of July regarding the City Treasurer being an appointed position. Ms. Valenzuela reported she met with the Downtown Business Association this morning regarding the public hearing for Assessment District 1693. Senior Citizens and people involved with the Nutrition Program and people from the Senior Citizen Jazzercise Program to address, stuff and stamp envelopes. Ms. Valenzuela reported the Downtown Business Association would like to re-institute the Task Force. ..... Ms. Valenzuela stated she has talked to the Chamber of Commerce and the Downtown Business Association regarding a City Newsletter to be incorporated with the Chamber Newsletter. Mr. MacMurray asked if staff has done anything regarding having the Railroad Sign removed at the Graham Street Crossing. Mr. MacMurray also recommended having an exempt sign put up in its place, this way the buses would not have to stop at the tracks every time they go over them. Ms. Valenzuela recommended the signs be repainted and exempt signs put up. Mr. Rubel reported that Camp Pendleton has Bailey Bridges on loan from the Army Corps of Engineers and the City would have to pay to have them transported to Lake Elsinore. Mr. Rubel reported he will be recommending that a permanent facility be built when the bridge is replaced at Pottery Street. Mr. Knight asked about the Railroad right-of-way at Mill Street to the San Jacinto River, is it still Railroad Easement. Mr. Rubel stated portions of the easement have been purchased by existing property owners. Mr. Knight recommended if portions of the easement are available, that the City attempt to purchase them. Mr. Knight reported that the Chamber of Commerce has requested the use of the water truck for this Saturday, July 16th, for the rodeo grounds for the Lake Elsinore .... Riders. Mr. Knight stated he received the request today. Mr. Torn stated he was opposed to putting city trucks on private property and it appears they are doing some permanent contruction on the property. Mr. Trevino stated he will have staff look into the matter. Council discussed the matter stating they were of the under- standing that the truck would be full at all times in case of emergency and the fire department needed the' truck. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND FAILED TO PROVIDE A WATER TRUCK FOR THE SATURDAY, JULY 16, 1983 EVENTS AT THE RODEO GROUNDS. AYES: KNIGHT, VALENZUELA NOES: MAC MURRAY, TORN, UNSWORTH ABSENT: NONE MOTION FAILED. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL TO MONDAY, JULY 18, 1983, AT 7:30 P.M. ~.~.i~~ J~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ..... ATTEST: ~~.L~~....~ '0 'BciA A~HAR NG 0 : CI~~RK ',"-:- ."..,_...,,_..... '0', .........-. I I" I 153 f~ - ? t" MINUTES CITY OF LAKE ELSINORE ADJOURNED REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, JULY 18, 1983 " ~ , - I~. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Adjourned Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:32 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCIU~EMBERS: NONE 00 t-- l'- 1-:) o o Also present were: City Manager Trevino, Finance Director Ronnow and City Clerk Harrington. BUSINESS ITEMS 1. Second Reading of Ordinance No. 671 MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 671. ORDINANCE NO. 671 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE RANCHO LAGUNA REDEVELOPMENT PROJECT NO. II. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 671. AYES:' KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 2. Mosquito Abatement Program Mr. Unsworth reported that he has met with Ray Nelson, mechanic for the City, to look at the equipment at Rubidoux to see how their equipment is set up. Mr. Unsworth stated some of the equipment is available in Dixon, however other parts need to be ordered from Nebraska. 3. Small Cities Block Grants I " I 4 ~ . '" ti ,. .' ~: .;. ., "I'. .~: ., " .'Ii: .:? -~:j -, I ~ ~ Mr. Trevino stated he has talked to the League of California Cities regarding the Small Cities Block Grants and most of the awards were to small cities and the League will be taking a position this fall so it may be wise not to pursue his idea, they have put him on a committee regarding the Small Cities Btock Grant Funding. . Mayor/Council Conference - August 13th, 1983 Mr. Unsworth announced that August 13th, is the Mayor and Councilmember's Conference that Lake Elsinore will be hosting. Mr. Unsworth stated the City Manager should be picking his employee committee so they can get started on the program. Ms. Valenzuela will be the Council Liaison to the committee. Discussion was led on giving the employees the option of handling the bar, the proceeds will go towards the Employee Fund. Discussion ensued regarding whether to hold the Conference at the State Park or at the City Park and Mr. Unsworth recommended instead ofa speaker, having music. Ms. Valenzuela recommended having George Voight speak regarding the Sister City Program. . 154 Page two City Council Minutes July 18, 1983 BUSINESS ITEMS - Continued. 4. Mayor/Council Conference - August 10, 1983 - Continued Council discussed obtaining picnic benches and tables from Mr. Wood, Roadrunner Recreational Park for the conference. Council concurred to hold the Mayor/Council Conference in the City Park. .... 5. Employee Recognition Program Mr. Knight stated he would like to see some kind of Recognition Program from the Council for the employee in the City which is doing an outstanding job in his/her particular job. Mr. Knight felt the employee could be chosen by their fellow employees or supervisor. Mr. Knight mentioned the job that the new employee in the Water Department was doing. Mr. Knight felt this would improve morale and give other employees incentive to do a better job. Ms. Valenzuela recommended a Certificate be awarded to the Employee of the Month and at the end of the year, a placque be given to one of the twelve employees that have done an outstanding job. Mr. Unsworth recommended Mr. Knight work with Mr. Trevino on the make-up of the rules for the Employee of the year. 6. Recognition of Volunteers Mr. Unsworth stated he would like to get a list from Fred Dominguez and Bob Jacobson of all the people who donated time or materials to the City Park. Mr. Unsworth stated he would like to get a list from Larry and Lilah Knight of all the people who donated and worked on the Jubilee Committee. Mr. Unsworth would like all of these people to receive Certificates of Appreciation. Council was asked to obtain a list of the volunteers and give them to Ms. Harrington for their preparation. The Certificates will be handed out at a City Council meeting. .." ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 7:55 P.M. Q.L h; ~ J~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATT~ST: 4~#/d ~~. DEBORAH A. HARRINGTON, CI CLERK -- 155 _...:-~ i- MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 26, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:33 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Knight. ROLL CALL ~ ~ t-- '-:> o o The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCIU1EMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Clerk Harrington, Finance Director Ronnow and Public Works Director/City Engineer Rubel. CONSENT CALENDAR Councilmember Valenzuela asked Item #11 be removed from the Consent Calendar. Councilmember Torn asked Item #12 be removed from the Consent Calendar. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes: A. Study Session - June 27, 1983: Approved as presented. B. Joint Meeting - July 11, 1983: Approved as presented. C. Regular Meeting - July 12, 1983: Approved as presented. D. Adjourned Regular Meeting - July 18, 1983: Approved as presented. 2. Fi na 1 Map for Parcel No. 13708: Approved Fi na 1 Parce 1 Map No. 13708; accepted the streets and easements which are shown on the map and offered for dedication; and authorized the City Clerk to sign and arrange for recordation of the Final Map. 3. Final Map for Tract. No. 14450: Approved Final Tract Map No. 14450; accepted streets and easements which are shown on the map and offered for dedication; authorized the City Clerk to sign and arr~nge for recordation of the Final Map; Accepted the Faithful Performance Bond in the amount of $82,410 and Labor and Material Bond in the amount of $82,410 and authorized the Mayor to sign the Subdivision Agreement on behalf of the City. 4. Final Map for Tract No. 19357: Approved the Final Tract Map No. 19357; accepted streets and easements which are shown on the map and offered for dedication; authorized the City Clerk to sign and arrange for recordation of the Final Map; Accept the Faithful Performance Bond and Labor and Material Bonds in the amount of $227,420.60 and authorized the Mayor to sign the Subdivision Agreement on behalf of the City. 5. Acceptance of Structure formerly located at Heald and Main Streets: Council accepted said structure and thanked Mr. Kirtides for structure. 6. Request from Chamber of Commerce - Si gnpost: Approved subject to staff sitting down and discussing this project and coming back at a later date to Council for further direction, landscaping should be cleared with the Council , with reference to placement of landscaping beds, planters, etc. ~~-5 6 Page two City Council Minutes July 26, 1983 -......':'!'- ~. CONSENT CALENDAR - Continued. 7. Use of Community Center - Little League: Approved use of the Community Center on Tuesday afternoons, through the month of August. Council also approved the waiver of fees. 8. Refund of Fees - A. A. Attridge: Approved refund in the amount of $550.00. 9. Public Traffic Safety Mitigation Fees for Traffic Signalization at Riverside Drive and Joy Street and/or Lincoln Street. Council approved Resolution 83- 49. ... RESOLUTION NO. 83-49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PUBLIC TRAFFIC SAFETY MITIGATION FEES FOR THE TRAFFIC SIGNALIZATION AT THE INTERSECTION OF RIVERSIDE DRIVE AND JOY STREET AND/OR LINCOLN STREET TO BE COLLECTED FROM DEVELOPMENT SUBJECT TO DISCRETIONARY APPROVAL. 10. Reduce Street Standards for Hill Areas: Authorized the City Manager, as soon as possible, to process an amendment to the Circulation Element of the General Plan to address street width standards. 11. Purchase of a Tractor and Mower for Weed Abatement - Solicit Bids: Removed from Consent Calendar for further consideration. 12. Disposal of Surplus Property: Removed from Consent Calendar for further consideration. 13. Claim 83-11 - Harry S. & Betty P. Mills: Rejected and referred to the City Attorney. 14. Claim 83-18'- Charlotte A. Bredlau: Rejected and referred to the City Attorney. 15. Building Division Monthly Activity Report - June, 1983: Received and filed. 16. Set for Public Hearing - August 9, 1983: A. General Revenue Sharing for 1983-84 Fiscal Year - Approved. B. Tentative Tract Map 18389 - Approved. C. Zone Change 83-3 - Approved. 17. Set for Public Hearing - August 23, 1983: A. Conditional Use Permit 83-8 - Approved. ..., ITEMS REMOVED FROM THE CONSENT CALENDAR . 11. Purchase of a Tractor and Mower for Weed Abatement - Solicit Bids Ms. Valenzuela stated she would like to see this item pulled and a study session held between the City Council, City Manager and City Engineer with staff to pre- sent different types and makes of tractors. Mr. MacMurray felt the size of tractor proposed was too small and would like to see a tractor with more capacity. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM FOR A STUDY SESSION. 12. Disposal of Surplus Property Mr. Torn stated he would like the Jeep deleted from the list of items to be disposed of as surplus property. Ms. Valenzuela questioned the pile of 6" aluminum irrigation pipe. Ms. Valenzuela stated at the time the pipe was stored at the yard there was an investigation by the Sheriff's Office and was under the impression it was confiscated by the Sheriff. Ms. Valenzuela asked this item be looked into by the Sheriff's Department. .... MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE PROPOSED LIST OF ITEMS TO BE DECLARED SURPLUS WITH THE DELETION OF THE JEEP AND PILE OF 6" ALUMINUM PIPE. .. - ".- f-- 157 Page three City Council Minutes July 26, 1983 ....~ 7~ ~ PUBLIC HEAR INGS 31. Bustness Improvement Area Mayor Unsworth announced this was the time and place for a public hearing on the proposed Business Improvement District. XJ l'- I:"- '-:> Q o Mr. Trevino stated this was the Business Improvement Area for the Downtown On June 28th, 1983, at the regular meeting of the City Council, Resolution 83-4.0 was adopted decl aring an Intent to establ ish a City Bus iness Improvement Area in the City of Lake Elsinore. The Resolution was enacted on behalf of the Downtown Business people in order to raise the necessary funds to develop a program to attract more business into this area. Should the Council find that the preponderance of discussion is in favor of said assessment district then it would be in order to adopt the attached Ordinance. Should the preponderance of discussion be in opposition to the Assessment District, then it would be in order to terminate said proceedings. The City Clerk reported a letter was received from Leonard F. IISonny" Davidson in favor of the Downtown Improvement Assessment District. Mayor Unsworth opened the public hearing aSking those in favor of the Business Improvement District to speak. Mr. Lee Strong, 13033 Pen Street, Whittier, stated he was retained as a Consultant to work with the Downtown Business People, meetings were initiated in February and have been held on a regular basis with the Downtown Businesses developing the program, budget and boundaries for the assessment district. After the district was developed it was presented to the City Council and mailed to all the licensed businesses in the district. It is a program developed by the downtown business people for the downtown business people. Mayor Unsworth asked those in opposition to the Downtown Business Improvement District to speak. Jo Prather, 1309 W. Pottery Street, Lake Elsinore, stated she has operated a business incidental in her home and for 13 years she has spent 80-85% of her spendable income on Main Street and back to where she lives because she believes in trading at home. She felt the businesses on Main Street do not afford her the same courtesy. Ms. Prather stated the first time she heard about the D.B.A. was'when they asked her if she would oppose the Improvement District. Ms. Prather stated she is a small business which supports her and her husband and this Improvement District will not help her. She felt the assessment will be so high that she will probably have to close down within a couple of years. Ms. Prather felt she is being asked to support a couple of business on Main St. and that the assessment should be on a voluntary basis. Eugene Carter, 109 Lowell, felt to place a tax on the condition of economics and the people of the community was incorrect. Lee Allen, 270 Avenue 9, stated he was opposed to the way the Downtown Business Association will enhance their coffers at the expense of the citizens of Lake Elsinore without due return. Mr. Allen felt that Main Street should become a historical freeway .and feels it will draw more money as a historical area then a business area. . Mr. Torn stated this assessment district is not a tax and that the population of the City is not being asked to pay for any improvements on Main Street. The concept is that this is the first group of community members that have taken it upon themselves to basically charge themselves for an improvement district that is assessed by benefit. The businesses will be paying the assessment fees based on their business license fee. Mr. Strong clarified that the assessment is only on the licensed businesses within the boundaries of the Business Improvement District. The rest of the community outside the boundaries of the downtown business area will not be affected. The City's involvement in the Assessment District is to establish the Business Improvement District, collect the funds and forward them to the Downtown. 158 Page four City Council Minutes July 26, 1983 ~..,;'";.'-i PUBLIC HEARINGS - Continued. 31. Business Improvement Area - Continued. Mr. Jacobson asked Mr. Strong if the house he lives in on Chestnut Street, which does not have a business in it, would be assessed a fee for the Improvement Area. Mr. Strong stated he would not be assessed a fee. Ms. Valenzuela stated this program is through Assembly Bill 1693 which many cities have utilized throughout the State to revitalize their downtown area by assessing themselves a fee. Lon Chaney, President of the Lake Elsinore Downtown Business Association wanted to clarify that there are people in support of the Business Improvement District. The Association has been working for several months, had study sessions with the City Council and the Council is well aware of what they are trying to accomplish. The Downtown Businesses are assessing a fee on themselves to improve the downtown district to benefitthe whole community. Mr. Chaney felt everyone would like to see a clean, well-balanced business district that will meet the needs of the whole community. - Tom Beton, owner of Body Shop Services, stated he was in favor of the business assessment for the beautification of the City of Lake Elsinore. Don Bingham, 29433 Bunker Street, asked the Council what the cost of the assessment district would be to the City. Mr. Trevino stated there would be no cost to the City. Ethe1wyn Graham, 665 Acacia Drive, stated she has rentals on Acacia Street, the business licenses on the rentals have gone up considerably and asked if the additional funds will be used for the Improvement District. Mr. Strong stated they would not. Mrs. Prather stated as it stands now, the the Downtown Business Association is a volunteer group, but once it is voted upon by the City Council it be- --- comes mandatory and it does affect every business within the boundaries. Mrs. Prather felt the Business Association should remain a volunteer Organization not a government organized and controlled association. The City will collect the fees or the businesses will close. Mr. Trevino stated it is not mandatory to belong to the Downtown Business Association, the City must hold a hearing according to State law to pick up the protests. No one is going to force anyone to join the Downtown Business Association. Mayor Unsworth closed the public hearing at 8:07 p.m. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The City Clerk read the title of Ordinance No. 673 ORDINANCE NO. 673 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA IN THE CITY OF LAKE ELSINORE. MOVED BY TORN, SECONDED BY VALENZUELA TO APPROVE THE FIRST READING OF ORDINANCE NO. 673. - AYES: NOES: ABSENT: TORN, VALENZUELA, UNSWORTH KNIGHT, MAC MURRAY NONE 159 Page five City Council Minutes July 26, 1983 - ......:'~ ': i. PUBLIC HEARINGS - Continued. .XJ r-- l"- 1-;) ~ o 32. Lighting and Landscaping District Mayor Unsworth announced this was the time and place for a public hearing on the proposed Lighting and Landscaping District. Mr. Rubel reported at the City Council meeting of July 12, 1983, Resolution No. 83-45 was adopting approving the Engineer's Report. Resolution of Intention No. 83-46 to form the District was also adopted on July 12, 1983. The Resolution of Intention set the Public Hearing for July 26, 1983. The Public Hearing was posted along all streets and published. A map was dis- played showing the benefit zones. The City Clerk reported the following letters were received in opposition.: Mr. & Mrs. Lansiaka; Mr & Mrs. Stafford and Mr. J. R. Enochs. Mr. Mullens, Consulting Engineer for the Lighting and Landscaping District, stated this is proposed as Lighting and Landscaping Assessment District #1 for the City of Lake Elsinore. Mr. Mullens stated they have spread the assessment based on benefit. The basis of the assessment district is to raise funds to fund the continued lighting of street lights and continued landscaping of street trees and public landscaping in the City. Mr. Mullens explained the Lighting and Landscaping Zones. Zone 1 - Lighting: . Includes all parcels within the City at a flat rate assessment (11, 928 parcels in the assessment district) $4 per lot. Zone 2 - Lighting: Consists of all residential properties within the City which consist of residential property with lights infrequently spaced. $4 plus $. 14~ per adjusted front foot. Zone 3 - Lighting: Includes all residential properties where lights are spaced from 200' to 400' apart. $4 plus $.23~ per adjusted front foot. Zone 4 - Lighting: Includes all commercial and industrial properties in the City, basically in the downtown area along Main Street. $4 plus .23~ per adjusted front foot. Zone 5 - Landscaping: Includes all lots in the City. Flat rate of $5.00 per lot. Mayor Unsworth opened the public hearing at 8:15 p.m. Lee Allen, 270 Avenue 9, stated he has maintained his own light, and has done so for the past 4 years and the landscaping has something to be desired. Mr. Allen felt the city is charging him for something he is already paY'i"~I'oi'. Velma Allen, 17271 Lakeview Drive, spoke against the Street Lighting and Landscaping Assessment District. Beulah Alonzo, 17795 Strickland Avenue, stated she doesn't have sewer, streets or lighting. Ms. Alonzo felt something should be done about the streets and getting the weeds cut. Eugene Carter, 109 N. Lowell Street, spoke in opposition to the Lighting and Landscaping Assessment District. He felt the people do not need any more assessments on their taxes. Joseph Donovan, 16875 Sanne11e Street, stated he lives in Country Club Heights and he does not have any street lights or street signs. Mr. Danovan was opposed to the street light assessment district and in favor of getting street signs in the area. Jack Enochs, 309 E. Hill Street, spoke against the Lighting and Landscaping Assessment District. He does not want any assessments on his property. Kenneth Fournier, 17380 McBride, felt it isn't fair to have to pay for lights he doesn't have. Ethe1wyn Graham, 665 Acacia, lives in Country Club Heights, one of the selling points when she bought the property was that there were street lights and park- ways. Some of the lights were removed for the Downtown area and not replaced. 160 Page six City Council Minutes July 26, 1983 .....<o>;~ ' L PUBLIC HEARINGS - Continued. 32. Lighting and Landscaping District - Continued. Ethelwyn Graham stated she was told by a Councilmember that additional lights would be placed on existing poles, but the poles are 500' apart from High Street to Country Club Road. Mrs. Graham also stated at one time there was pave- ment on the streets. Nina Hammer, 401 E. Heald Avenue, stated on March 17, 1983, she sent a letter ... to the City Council regarding her objection to the new color of the street lights, and urged the Council to change the color of the lights back to the way they were. Ms. Hammer stated she was told by the Edison Company that these lights cost less to operate. Dick Knapp, 29690 Dwan, asked why the public was not notified besides the notices that were posted. The map was not available and the only material available was a small packet from the City Clerk. Mr. Knapp asked for a definition of what the lot sizes will be and asked why it did not have to go to a vote of the people as under Proposition 13. Mr. Knapp asked where and what does the landscaping assessment district entail. Mr. Knapp stated his opposition was because there was not an adequate explanation of the project. Mr. Mullen, Consulting Engineer, stated the parcels are defined as they exist on the parcel rolls, explained the adjusted front footages and stated this was not a tax, it is a benefit assessment district and has been ruled under the Courts that it is not under the jurisdiction of Proposition 13. The assessment is for a one year period and each year the City must hold a public hearing to keep the assessment district adtive. This is a maintenance assessment district, not a constructive assessment district so the assessment is for the existing lights and to pay the cost of : lectricty to run the lights. The landscaping is also for the existing landscaping, not to include future land- scaping. Adam Natalie, 16919 Bell Street, asked for an explanation of the lighting and landscaping map and felt the map should have been on display for 10 days prior to the meeting. Mr. Natalie stated he was against the lighting assessment district because the people that have the lighting, should pay for the lighting. Mr. Natalie felt the Park District collects $184,000 per year and should main- tain the parks and landscaping. -- Earl Pemberton, 16520 Bristlecone, stated he had a meeting with twelve (12) people from the Machado Pines Subdivision which is in Zone 3. There are eleven (11) lights in the park including the three lights along the street. Mr. Pemberton felt under the existing fee schedule there would be an irregular assessment on the parcels. Mr. Pemberton suggested an alternate fee schedul~ along with a request to increase the lumination of the existing lights. Mr. Pemberton stated he was in favor of the lighting as long as he obtained brighter lights. Mr. Pemberton was under the impression he was under an assessment district ~lready. Sanders Newman, 31048 Ponderosa Street, stated when the Machado Pines Mobile Home Park was built, the man who built the light standards, installed the lights and gave them to the City with the understanding the City would pay the light bill. Mr. Newman stated why should they pay for landscaping they do themselves and lighting, which should have been paid by the City as they committed themselves to do long ago. Douglas Roberts, 17183 Shrier Drive, asked if the improvement area for the lights is mostly on improved streets. Mr. Mullen stated most of the lights are on improved streets. Mr. Roberts asked if the people that do not have lights are being asked to pay for lights somewhere else in the City. Mr. Mullen stated the costs were spread by benefit. Mr. Roberts asked the City Attorney, Mr. Porter, if he felt the benefit assessment would hold up in court under Proposition 13. Mr. Porter stated that Lighting and Landscaping Assessment Districts have never been challanged under Proposition 13. They are a classic case of benefit assessment and it would hold up under a court challenge. - 161 Page seven City Council Minutes July 26, 1983 ~ - ......."':''".: . PUBLIC HEARINGS - Continued. 32. Lighting and Landscaping District - Continued. Mr. Torn stated he felt there is benefit to the community member beyond the individual lot, providing street lights, better public safety and there is a potential for less expansion of police services which is something the city needs. Providing more lighting or providing lighting in general as a community does provide benefit to those types of public safety services. The lights may not light all the indiviua1 lots, however they do provide lighting to all the normally traveled streets, which does provide benefits to all the community. Gene Stack, 16924 Sanne11e, spoke in opposition to the Lighting and Landscaping Assessment District and asked how the City is going to maintain what they already have. Mr. Stack stated he would like to see the roads maintained, and street signs put up in the Country Club Heights area. The City is also in need of sewers. oX) ~ t-- '-:) ~ o Mayor Unsworth closed the public hearing at 9:36 p.m. Mr. Torn asked Mr. Mullens about the time line in which the Council is working under to provide assessments for the current year. Mr. Mullens stated assess- ments would have to be submitted to the County Auditor the first week in August. Mr. Torn stated based on testimony tonight, most of the opposition received tonight were from people who did not have adequate street lighting. Mr. Torn stated he recognizes a lot of opposition to the landscaping part of the assessment district. Mr. Torn felt the landscaping should be deleted from the assessment district and only those people located in the colored areas of the map which receive benefit of the street lights should be assessed. Moved by Torn, Seconded by Valenzuela to totally delete the landscaping from the Assessment District, to delete any of those Country Club Heights areas that are not in the colored areas, approve the district for lighting purposes only and only for those areas,and deleting zone 1, which is all the parcels in the City, deleting zone 5, which is the landscaping and addressing only zone 2, which is where street lights are infrequently spaced, zone 3, which is residential lots where streets 1ights are between 200' and 400' apart and zone 4 which is for commercial and industrial property. Mr. Porter responded to a question by Mr. Natalie that this is the time that the City Council considers the input, makes the adjustments that are appropriate and then votes. Mr. Mullens stated the way the motion was worded that he would not have adequate time to change the tapes in order to get them to the County Auditor in time. Roll call on motion: AYES: TORN, VALENZUELA NOES: KNIGHT, MAC MURRAY, UNSWORTH ABSENT: NONE MOTION FAILED. Mr. Knight stated he voted against the lighting and landscaping assessment district, it would have provided funds to maintain the lights which would pay for the power and do tree trimming and this type of thing landscaping wise. We turned the motion down, the money must now come from the General Fund and the services you expect overall from the City must somewhere be cut to make up the maintenance of the street lights for the landscaping and lighting district. Someplace along the line, we will have to cut another service to the public. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING IMPROVEMENTS AND THE FORMATION OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.1, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR ASSESSMENT LEVY. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED TO DENY THE RESOLUTION. COUNCILMEMBER TORN VOTED NO. Council concurred to recess at 9:54 p.m. Council reconvened at 10:13 p.m. 162 Page eight City Council Minutes July 26, 1983 ....or:'!; ~ ( . PUBLIC HEARINGS - Continued. 33. Weed Abatement Mayor Unsworth announced this was the time and place for a public hearing on the Weed Abatement Program. Mr. Rubel reported this public hearing was continued from July 12, 1983. The report of the Director of Public Works on costs of weed abatement was posted as required by law. The City Clerk reported no correspondence had been received regarding the Weed Abatement Program. Mayor Unsworth opened the public hearing at 10:13 p.m. asking those in favor of the Weed Abatement Program to speak. Lee Allen, 270 Avenue 9, stated he is in favor of the Weed Abatement Program and would like something done. - Doug Roberts, 17183 Shrier Drive, stated he understood there was a type of moth that was used to eliminate the tumbleweed. Ms. Valenzuela recommended the City Engineer write the Department of Agriculture to obtain some additional information. Mr. Torn stated he would contact the County Department of Agri- culture and report back to the City Council. No one else asked to speak on the Weed Abatment Program. Mayor Unsworth closed the public hearing at 10:17 p.m. RESOLUTION NO. 83-50 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 REQUIRED 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 PROVIDED IN SAID GOVERNMENT CODE. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADOPT RESOLUT ION NO. 83-50, CONFIRM ING THE REPORT OF COST OF ~~EED ABATEMENT. -- 34. Proposed City Budget for Fiscal Year 1983-84. Mr. Ronnow stated staff would like the public hearing on the Proposed City Budget for Fiscal Year 1983-84 to be deferred to the next City Council meeting and reported the last budget study session is scheduled for July 27, 1983. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THE PUBLIC HEARING ON THE 1983-84 BUDGET TO AUGUST 9, 1983. BUSINESS ITEMS 51. Presentation by Peggy Lakey - Community Services Organization - Mr. Unsworth reported that Ms. Lakey's son is involved in the Little League Team from Lake Elsinore and they are defending their Championship tonight and as a result has requested this item be continued to August 9, 1983. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE TO AUGUST 9, ,1983. loiJ Page nine City Council Minutes July 26, 1983 --4;":~ i. BUSINESS ITEMS - Continued. 52. Development of City Park ~ l"- l:"- t"":) o o Mr. Trevino reported that Mr. Pedro Vasquez, owner of LaUnica, has proposed that the City consider allowing a concession at City Park. Ms. Vasquez in- dicates that, if the City will build him a 14' x 20' building and stub it out for water, power and gas, he would be willing to pay the City $5,000 up- front money and would also be willing to completely maintain the Park, ie.: mow the grass, water, clean-up and maintain the bathroom facilities, and give the City 5% of the gross profits. Staff is very comfortable with this particular arrangement inasmuch as both Mr. Vasquez and staff worked this out. It was staff's recommendation that the Council accept this proposal in concept and direct staff to develop a contractual arrangement and come back at the next meeting for ratification by the Council. Mr. Trevino stated the funds will be used to carpet City Hall. Mr. Porter stated he would like to be involved in the drafting of the agreement, and this type of activity is common in other cities where they grant concessions. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE RECOMMENDATION IN CONCEPT, WITH THE COUNCIL TO HAVE INPUT ON THE WAY THE BUILDING IS BUILT; WITH A CAP OF $5,000 ON CITY EXPENSES AND APPOINT A SUB-COMMITTEE OF ARTA VALENZUELA AND LARRY KNIGHT TO WORK IN BRINGING THE CONCEPT DRAWING FORWARD AND THE COUNCIL WOULD HAVE FINAL APPROVAL. 53. Request to defer Sewer Connection Fees Mr. Rubel reported the petitioner property is outside the City Limits located between Hill and Fairview Streets. The area is within the City Assessment District No.1. The petitioner wants to install sewer laterals from the sewer main in the street to his property line at this time because the Housing Authority intends to pave the street and the petitioner wants the sewer lateral built before the paving is done. The applicants have stated they do not want to pay sewer connection fees at this time, but want to defer the payment of fees until he is ready to develop his property and will need to obtain a building permit. In addition to the City Sewer Capitol Improvement fee for connecting to the City owned sewer, the City is obligated to collect a fee under a Reimbursement Agreement and refund the person who initially installed the sewer main in the center of the street. George Savord, 1695 W. Crescent, Anaheim, stated he along with two other partners own lots 10, 11, and 12 of the Olive Acres Tract. In 1979 his partnership entered into an agreement with Neville Martin to place a sewer line in Fairview Street. They participated monetarily in the placement of the sewer line. They are now being asked to make a deposit of sewer connection fees prior to the development of his land, they have an approved subdivision map. Mr. Savord stated he has learned that Mr. Martin has dedicated the sewer line which he helped build to the City of Lake Elsinore. Mr. Savord stated as a result they may be asked to pay money that may not be due. Mr. Savord asked the Council to defer the fees until the full amount of the fees can be determined. and possibly enter into an agreement with the City for possibly their own money. Mr. Savord asked the connection fees be deferred because they have learned that a Federal Agency is going to pave Fairview and the sewer lies on the northern. side of Fairview and their property lies on the southern side. Mr. Porter stated the City would like to insure that all the fees are paid; the City would like to help in recetifying any problems in the Sewer Reimburse- ment agreement; the City would like to save the applicant the expense of cutting the road and saving the County from having their new road cut. Mr. Porter stated the applicant could put the money in an interest bearing account for the costs, however the applicant is not comfortable with that idea. Moved by Torn, Seconded by Valenzuela to deny the request, that they be required to post the money with the City until such time there appears to be rebate owed to them, that we make that rebate, that on the Capitol Improvement Fees, there will be not interest accured to the developer but on the portion of the money that will be rebated to him, interest will accrue to his account. No action was taken on the motion. lti4 Page ten City Council Minutes July 26, 1983 -.......':"'!: ,',i BUSINESS ITEMS - Continued. 53. Request to defer Sewer Connection Fees - Continued. Moved by Torn, Seconded by Valenzuela to amend the original motion to collect the sewer hook-up fees, capitol improvement fees and direct the City Attorney to work out the problems with the reimbursement fees. No action was taken on the motion. Mr. Porter recommended ,the motion suggest the Capitol Improvement Fees and the Sewer Connection Fees be paid and with respect to the Reimbursement, that the applicants be given the option of either paying them forthwith or reaching an agreement approved by the City Manager and the City Attorney to adequately protect the parties. Mr. Torn and Ms. Valenzuela agreed. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE TO AUGUST 9, 1983, TO ENABLE THE MATTER TO BE STUDIED FURTHER. 54. Henry Simonsen's Request for Chuck Wagon Trailers for October, 1983, Square Dance Club and Teenage Concert. Mr. Henry Simonsen, Chuck Wagon Trailers, stated he would like the use of the City Park on Saturday and Sunday, October 15 and 16, 1983 for the Chuck Wagon Trailers. Staff, Council and Mr. Simonsen discussed the location of the vehicles and where they would be placed on or near the City Park, the times of the program and the history of the Chuck Wagon Trailers. Mr. Valenzuela felt this type of an activity would be an asset to the City and the Council and Community should look forward to activities of this type. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO GRANT CONCEPTUAL APPROVAL WITH LARRY KNIGHT TO WORK WITH THE CITY MANAGER ON THE EVENT. - Mr. Simonsen stated he would like to use the Gazebo for Square Dancing during the months of August and September, twice a month on the 2nd and 4th Fridays. Discussion was led on the request to hold a Teenage Concert also. Council concurred that the Council should review each request on its own merits. 55. J. R. Enochs Request to address the Council Mr. Enochs was not present to speak. Mr. Enochs did however speak under the Lighting and Landscaping Assessment District item earlier in the evening. 56. Office of City Treasurer - Vacancy Mr. Porter stated as he has indicated at a previous City Council Meeting, due to the illness of former City Treasurer Charles R. Morgan and his ceasing to be an inhabitant of the City, his office was declared vacant on July 12, 1983. Mr. Porter reported that the City Council should make an appointment by August 11, 1983. Mr. Torn felt because this was a elected position, that there should be the opportunity for people in the community to make application for the Council to consider and the appointment should be made from the list of people that applied. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO MAKE AN APPOINTMENT FOR THE CITY TREASURER POSITION. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO MAKE A POSITIVE STATEMENT TO THE PAPER THAT WE ARE ACCEPTING APPLICATIONS FOR AN APPOINTMENT FOR THE REMAINING FIVE MONTHS OF THE CITY TREASURER POSITION. - f ~ ~ r... '-:> Cl 0 r . . ~ l f [ ~ r f 1 ~. l t r k t 16a Page eleven City Council Minutes July 26, 1983 .......7'! .i BUSINESS ITEMS - Continued. 57. Street Improvement Program Mr. Rubel asked the Council to continue this item to the next City Council Meeting. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING ON AUGUST 9, 1983. 58. Second Reading of Ordinance No. 672 - Regarding City Manager MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 672 BY TITLE ONLY. The City Clerk read the title of Ordinance No. 672. ORDINANCE NO. 672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADDING SECTION 2.04.060 TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING AN ALTERNATIVE PROCEDURE BY WHICH THE CITY MANAGER MAY BE REMOVED FROM OFFICE. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 672. AYES: KNIGHT, ~1AC MURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: NONE OFF-AGENDA ITEMS 59. Lakeshore Overlay - Oral Report Mr. Trevino asked the Council to consider forming a committee composed of a couple of members of the City Council appoint Mr. Bud Attridge as Chairman, appoint Paul Baccus and have Mr. Attridge solicit committee members to completely review the Lakeshore Overlay and report back to the City Council. Mr. Trevino can discuss possible funding for some of the activities they may be considering. Mr. Torn and Ms. Valenzuela volunteered to sit on the committee. Council concurred. 60. CEP 83-3 - Hesselrode Mr. Trevino stated it has been determined that there was not conflict of interest on the part of the P}anning Commissioners and therefore the main issue of parking should be addressed. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY THE CONDITIONAL EXCEPTION PERMIT, DENYING THE DELETION OF THE PARKING SPACES. 61. Commercial Project 83-3: Mounzer Chaarani Mr. Trevino reported that Commercial Project 83-3 is a proposal for a Commercial Shopping Center to be located northwest of intersection at Lincoln Street and Riverside Drive. The Planning Commission recommended approval subject to twenty (20) conditions of approval. The applicant wishes to construct a 66,100 square foot shopping center. . Daniel Possnack presented a rendering of the proposed project exp~i.1tning the possible types of businesses to locate in the building and the design of the project. Mr. Possnack stated a market study was performed and approximately 50% of the available sales revenue is going out of the community which is $60 million. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE COMMERCIAL PROJECT 83-3: WITH THE FOLLOWING ADDITIONAL CONDITIONS: 1. INSTALLATION OF BIKE RACKS AT APPLICABLE LOCATIONS; 2. BUS WAITING STATION ON RIVERSIDE DRIVE TO BE COORDINATED WITH THE LAKE ELSINORE TRANSIT CHAIRMAN AND DIRECTOR. 166 Page twelve City Council Minutes July 26, 1986 ~.-:".:;...- PUBLIC COMMENTS Bob Jacobson, 174 N. Chestnut, asked why the City can not send a truck with some asphalt down some of the streets, such as Mission Trail, Lakeshore, Franklin and others where there are holes in the streets. REPORTS AND RECOMMENDATIONS Mr. Knight stated in the downtown area there are two-hour parking signs and there are cars which are parked on the street basically all day. The problem is that there are no parking spaces for customers of the businesses. Mr. Knight asked if the two-hour parking can be enforced either by the City or the Sheriff. Council discussed revenues that could be generated from parking citations. Mr., Trevino stated the second Code Enforcement Officer could take care of this area. The City Manager was directed to work with the City Attorney on this matter. Mr. MacMurray asked what the status was on the City Well. Mr. Rubel reported that at the last meeting the Council requested he come back with a design in 45 days. Mr. MacMurray asked if anything had been done on getting an "Exempt" sign on the Railroad Crossing Signs. Mr. Rubel will look into the matter. ..... Ms. Valenzuela asked what the status was on the abandoned house on Franklin Street. Mr. Trevino stated he has turned the matter over to the Senior Building Inspector to reactivate the file. Mr. Unsworth stated he has received requests from City Employees that they would like to be involved in the Neighborhood Watch Program, however they live outside the City limits. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADMEND THE GUIDE- LINES TO INCLUDE EMPLOYEES LIVING OUTSIDE THE CITY LIMITS. Mr. Unsworth stated the Council needs to appoint a Delegate and an Alternate for voting purposes to the League of California Cities for the conference to be held in October. ... Council concurred to appoint Larry Knight as the Delegate and Arta Valenzuela as the Alternate. ADJOURNr~ENT MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE COUNCIL MEETING OF JULY 26, 1983, AT 11:45 P.M. }}: 1i~ J N G. UNSWORTH, MAYOR ITY OF LAKE ELSINORE ATTEST: '" ... - - , - - . . ,.'" 16rl MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 9, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at ):33 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember MacMurray. ROLL 'CALL The City Clerk called the roll: ~ t-e t-- '-;:) Q o PRESENT: COUNCILMEMBERS: KNIGHT, MAC ~1URRAY, TORN, VALENZUELA" UNS~JORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Clerk Harrington, City Engineer/Public Works Director Rubel and Finance Director Ronnow. CONSENT 'CALENDAR MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENt CALENDAR AS PRESENTED. CONSENT CALENDAR 1. Minutes: a. July 7, 1983 - Study Session: Approved as presented. b. July 14, 1983 - Study Session: Approved as presented. c. July 18, 1983 - Study Session: Approved as presented. d. July 26, 1983 - Regular Meeting: Approved as presented. e. July 27, 1983 - Study Session: Approved as presented. 2. Warrant List - July, 1983: Approved warrant numbers 18663 through 18833 in the amount of $418,129.84. 3. Resolution 83-51: Approved setting forth an appropriations limit for Fiscal Year 83-84 consistent with Article XIII B of the California Constitution and giving notice of the availability of information supporting said determination. 4. Radio Project- Notice of Completion: Accepted Notice of Completion and authorized the City Clerk to record same. 5. Lioness Club Request - September 3, 4 and 5, 1983: Approved request to put the Lions Chuck Wagon at the corner of Swick Field and Lakeshore Drive during the Labor Day Weekend, subject to representatives of the Lioness Club meeting with the City Manager, City Engineer and City Attorney in order to work out an equitable arrangement. - 6. Set for Public Hearing - August 23, 1983 - Zone Change 83-5: Approved. PUBLIC HEARINGS 31. Tentative Tract Map #18389: Art Nelson - 700 feet south of Grant Drive on the east side of Machado Street. Tract Acreage is 9.01+ acres. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Tentative Tract Map 18389. Mr. Trevino reported the Planning Commission recommends approval of Tentative Tract Map 18389, subject to twenty-two (22) conditions of approval. The map proposes to create thirty-five (35) lots. It was the wi sh of the Pl anni ng Commission to have the developer retain as many walnut trees as possible within the Tract. 1168 Page two City Council Minutes August 9, 1983 PUBLIC HEARINGS - Continued. 31. Tentative Tract Map #18389 - Continued. The City Clerk stated no correspondence had been received by the City Clerk1s Office on this item. Mayor Unsworth opened the public hearing at 7:36 p.m. asking those in favor of the Tentative Tract Map #18389 to speak. Bill McKeaver, 647 N. Main Street, Riverside, Engineer representing the applicant, stated they are in accord with the conditions as approved by the Planning Commission and offered to answer any questions of the Council. - Mayor Unsworth asked those in opposition to the Tentative Tract Map #18389 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 7:37 p.m. Mr. Torn expressed concern about the fees established for drainage and signalization. Mr. Torn asked if staff has a complete idea about what type of signals and drainage facilities are needed, and how the dollar amounts were derived. Mr. Torn asked how the City is addressing the impact in the County areas on the critical intersections. Mr. Rubel stated the dollar amounts were figured on a similar basis as the subdivision located at Riverside and Joy Streets. This was based on the approximate per lot cost developed from the assessment spread. Mr. Torn expressed concern about the City/County intersection located at Lincoln and Machado Streets. Mr. Torn felt the County should pay its fair share for the signalization of the intersection. Mr. Rubel stated he has talked to Mr. Porter on the procedures for getting the County involved in signalization and drainage of the City/County intersections. Mr. Knight asked how many lights are proposed in the subdivision and the spacing of the lights. Mr. Rubel stated the City is using the County standards. ... Mr. Unsworth recommended that the wording "per City Engineer specifications" be added to condition #4. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE TRACT MAP #18389 WITH THE TWENTY-TWO (22) CONDITIONS AS LISTED ~IITH AN ADDITION TO CONDITION #4 TO READ: "PER CITY ENGINEER STANDARDS"; WITH THE FOLLOWING ADDITIONAL CONDITIONS: DEDICATION OF WATER RIGHTS TO THE CITY OF LAKE ELSINORE; AND APPLICANT TO SAVE AS MANY TREES AS POSSIBLE AND COORDINATE WITH CITY PLANNING DEPARTMENT. 32. Zone Change 83-3 and Resolution consenting to Commencement of Proceedings to annex to the City certain uninhabited territory designated as Ramsgate II - Annexation No. 31. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for Zone Change 83-3, prezoning for Ramsgate II Annexation No. 31 and Resolution consenting to commencement of proceedings to annex to the City certain uninhabited territory designated as Ramsgate II - Annexation No. 31. Mr. Trevino reported the Planning Commission recommends approval subject to conditions. Mr. Trevino stated the Ramsgate proponerits have acquired 82 acres of land along Highway 74 which they desire to annex to Lake Elsinore and include in the Ramsgate Community Development. The subject property shares a 3,475 foot contiguous boundary with the City. The proposal is a logical extension of the City Limits, entirely within the City's Sphere of Influence. The Planning Commission reviewed a pre-annexation zone change for 82+ acres in the County. The proposal requested a change of zone from RR (Rural Residential) to SP (SpeCific Plan). -!" '" .... The City Clerk stated no correspondence had been received by the City Clerk's Offi ce on th is item. Mayor Unsworth opened the pubHc hearing at 7:54 p.m. asking those in favor of the Resolution Consenting to Commencement of Proceedings to Annex territory designated as Annexation No. 31 and Zone Change 83-3. Itj}J Page three City Council Minutes August 9, 1983 PUBLIC HEARINGS - Continued. 00 r-. r-. '-:> o o 32. Zone Change 83-3 and Resolution Consenting to Commencement of Proceedings to annex territory designated as Annexation No. 31 - Continued. Dan Salceda, Butterfield Development Company, felt the property was a logical extension of the City. The main reason for the annexation is because Ramsgate will be one planned community and would like to be under the jurisdiction of one city in terms of aesthetics, traffic and land use. Mayor Unsworth asked those in opposition to the Zone Change and Annexation to speak. Eugene Carter, 109 N. Lowell, spoke to the possibility of water flowing from the proposed annexation area to the cemeteries and asked what the developer is plann~ng to do about it. Mr. Salceda,stated this issue will be addressed in the Environmental Impact Report. Mr. Porter stated at this time the City is only addressing the issue of the annexation and zone change. After the City obtains jurisdiction over the area, then the City can have control over the land use and water flows. Mayor Unsworth closed the public hearing at 8:05 p.m. RESOLUTION NO. 83-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED IIANNEXATION NO. 31 - RAMSGATE II ANNEXATION" . MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 83-3 AND RESOLUTION NO. 83-52. 33. Fiscal Year 1983-84 Revenue Sharing Mayor Unsworth announced this was the time and place for a public hearing on the Fiscal Year 1983-84 Revenue Sharing. - Mr. Ronnow reported based on the current year levels, the City is estimating $187,265 in Revenue Sharing Funds for Fiscal Year 1983-84. This funding has no restrictions in spending categories except for the purpose of lowering property taxes. As of the end of the current Fiscal Year, the undesignated f~nd balance is estimated to be $22,102. Adding to this amount our expected Flscal Year 1983-84 entitlement plus interest as required by law, the total available for next Fiscal Year will be $216,867. Staff recommends the Council continue its prior policy of allocating these funds for partial reimbursement of the ongoing contract with the County of Riverside Sheriff's Department. The City Clerk stated no correspondence had been received by the City Clerk1s Office regarding Revenue Sharing. Mayor Unsworth opened the public hearing at 8:10 p.m. aSking those in favor of the Revenue Sharing Program to speak. William Love, 17461 Bromley Street, asked how much of the money will be allocated to road repair. Mr. Ronnow stated in years past the City Council has allocated the total amount of Revenue Sharing to road repair. The Funds are placed in the General Fund and allocated to projects. Mayor Unsworth closed the public hearing at 8:16 p.m. 110 Page four City Council Minutes August 9, 1983 PUBLIC HEARINGS - Continued. 34. Fiscal Year 1983-84 City'Budget Mayor Unsworth announced this was the time and place for a public hearing on the Proposed Fiscal Year 1983-84 City Budget. Mr. Trevino read the Budget Message stating the total appropriations for the City excluding Redevelopment and the Transit Agency, amount to $4,017,801. Of this total, $460,111 is appropriated as cash reserves for future years with ... the balance of $3,557,690 for actual cash expenditures. Total revenues amount to $3,060,442. Carry-forward fund balances account for the remainder of capital required to finance this year's budget. The total appropriations represent a 13% decrease from last year's City Budget, prior to mid-year re- visions. Total revenues are down 10% from last year's original estimates. Repayment by the Redevelopment Agency to the General Fund of prior year loans will insure a healthy cash flow status. The City Clerk stated no correspondence had been received regarding the proposed City Budget for Fiscal Year 1983-84. Mayor Unsworth opened the public hearing at 8:21 asking those who wished to speak regarding the City Budget to give their names and addresses. Eugene Carter, 109 N. Lowell, asked staff questions regarding the purchase of the Lakepoint Property. Mr. Ronnow explained the process in which the property was purchased. Mayor Unsworth closed the public hearing at 8:28 p.m. RESOLUTION NO. 83-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING AND ADOPTING THE BUDGET FOR THE 1983-84 FISCAL YEAR AND APPROPRIATING FUNDS THEREFORE. - MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FISCAL YEAR 1983-84 BUDGET AND BUDGET RESOLUTION NO. 83-53. Council concurred to recess at 8:29 p.m. Council reconvened at 8:36 p.m. BUSINESS ITEMS 51. Presentation by Peggy Lakey - Community Services Organization Ms. Lakey stated she has approached the Council on establishing an organization between servi ce groups and organizations us ing city facil iti es to promote educational and recreationa1 programs. She felt if the City works together something can be accomplished. Ms. Lakey stated she would like a study session with the City Council to discuss this matter further. Council concurred to set a study session with Ms. Lakey on Monday, August 15, 1983 at 6:00 p.m. with Ms. Lakey to provide some written material for the Council at that time. 52. Request for Extension of Time: Tentative Tract Map #18211 Mr. Trevino reported that staff recommends approval of the extension of time for Tentative Tract Map 18211 for a one (1) year period of time until August, 1984, based on the original thirty (30) conditions plus the following added conditions: ... 1. Applicant currently has approval for septic tanks. If mainline for sanitary facilities is available, developer agrees to hook in at a cost not to exceed $1,800/unit. 2. Developer agrees to be apart of and fonn an assessment district for the construction of a future storm drain system. Mr. Rubel recommended that in condition #1, Lakeshore Drive, the applicant dedicate to provide for 55 foot half street right-of-way and i:nstall curb and gutter 43 feet from street centerline. }" .1 Page five City Council Minutes August 9, 1983 BUSINESS ITEMS - Continued. 52. Request for Extension of Time: Tentative Tract Map #18211 - Continued. Mr. Crowe stated the other projects in the area have had 50 foot half street right-of-ways and curbs and gutters 38 feet from street centerline. Mr. Crowe stated he would like to have the same conditions as approved for the other projects, otherwise the whole project would have to be re-designed. Mr. Trevino recommended the original conditions stand. Mr. Torn recommended the General Plan be amended to reflect 100 foot streets instead of 110 foot streets in October. Mr. Torn recommended that the map be conditioned to required parkways between the curbs and sidewalks. Mr. Torn expressed concern over the maintenance of the planter outside the wall. Mr. Crowe stated there would no objections to making a provision for a maintenance district. ..x:; ~ ~ 1-:;) o o MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 18211 WITH THE FOLLOWING CHANGES: CONDITION #4: ADD SEPARATED FROM CURB BY SIDEWALK; - CONDITION #5: ADD PER CITY ENGINEER STANDARDS; CONDITION #25: PROVISION OF MAINTENANCE OF PLANTER OUTSIDE OF WALL CONDITION #30: TO BE DELETED. 53. Establishment of a Park and Ride Facility - State of California Mr. Trevino reported that CalTrans is proposing to construct a Park and R1de lot at the off-ramp of 1-15 and State Highway 74. At this time CalTrans is not seeking any special consideration and this is merely an informal item. However, after the project report is underway, CalTrans will be seeking City blessing so to speak, to facilitate this project. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO RECEIVE AND FILE. 54. Street Improvement Program Mr. Rubel stated staff was instructed by Council to provide more specific and detailed information on the recommended street program. Staff feels that it is important that approval be given to prepare plans and specifications and advertise for bids for street improvements on other high priorty streets soon in order to complete some important street work this construction season. Mr. Rubel gave the Councilmembers a copy of the Street Improvement Program for their review. Discussion was led on the condition of Lakeshore Drive. Mr. Rogers stated a material was put down on Lakeshore Drive which will eventually knead into the surface, the sand seal will enhance the surface, ,but it will take five months before it is hydrated. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO INDICATE THAT THE TOTAL STREET IMPROVEMENT BUDGET IS PROJECTED TO BE $1.2 MILLION FOR THIS FISCAL YEAR AND AUTHORIZE THE CITY MANAGER TO PREPARE PLANS AND SPECIFICATIONS AND SOLICIT FORMAL BIDS FOR A STREET IMPROVEMENT PROGRAM. Mr. Carter asked what the percentage or dollar amount is projected to be spent on Lakeshore Drive in the old and new sections, west of Four Corners. Mr. Torn explained that the Council is not going to address any specific streets at this time, because the Council just received the Street Priority List. Mr. Crowe asked what funds will be used for the street priority program. Mr. Torn stated most of the funds will come from the Tax Allocation Bond Issue based on the Tax Increment to the Redevelopment Agency. 55. Application for Grant - Office on Aging Mr. Trevino reported the County of Riverside is requesting proposals to conduct programs to provide emergency food and shelter in this County. The County received approximately $122,000 from the Federal Emergency Management Agency (F.E.M.A.) to be used to provide assistance, on a temporary il12 Page six City Council Minutes August 9, 1983 BUSINESS ITEMS - Continued. 55. Application for Grant - Office on Aging - Continued. basis, to various classes of people needing assistance. If the grant is successful, this temporary program would be handled out of the Community Center by the Recreation Coordinator. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO RECEIVE AND FILL - 56. Six Ordinances Implementing Previously Approved Zone Changes MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ ALL SIX (6) ORDINANCES BY TITLE ONLY. ORDINANCE NO. 674 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-1 (SINGLE-FAMILY RESIDENCE) TO LOR (LOW DENSITY RESIDENTIAL). (ZONE CHANGE 82-6 - CAMPION AND ASSOCIATES) MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 674. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ORDINANCE NO. 675 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-1 ( SINGLE-FAMILY RESIDENCE) TO R-3 (MULTIPLE-FAMILY RESIDENCE). (ZONE CHANGE 82-10 - EDWARD RICE) MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 675. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE -- ORDINANCE NO. 676 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-1 (SINGLE-FAMILY RESIDENCE) TO R (RECREATIONAL DISTRICT). (ZONE CHANGE 82-11 - WILFRED YANGISAWA) MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 676. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ORDINANCE NO. 677 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-3 (MULTIPLE-FAMILY RESIDENCE) TO C-1 (LIMITED COM~~ERCIAL). (ZONE CHANGE 82-12 - BUTTERFIELD SAVINGS AND LOAN) MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 677. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE .... 1'1 \) Page seven City Council Minutes August 9, 1983 BUSINESS ITEMS - Continued. 56. Six Ordinances Implementing Previously Approved Zone Changes - Continued. ORDINANCE NO. 678 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESIDENCE) TO C-l (LIMITED COMMERCIAL). (ZONE CHANGE 82-13 - SOUTHERN PACIFIC LAND) MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 678. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE .LJ t-- t'- 1-;:) ~ o ORDINANCE NO. 679 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESIDENCE) TO M-l LIMITED t~ANUFACTURING). (ZONE CHANGE 83-1 - HARMATZ/BURKHART). MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 679. ~AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 57. Ordinance No. 673 - Second Reading MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 673 ORDINANCE NO. 673 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA IN THE CITY OF LAKE ELSINORE. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 673. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE 58. Verbal Report regarding Development Mr. Trevino stated the Council may wish to review the procedures regarding the processing of Tentative Maps, Lot Splits, Zone Changes, Vaniances and any- thing that has to do with land development. Mr. Trevino has decided to invite most of the area developers to a meeting and Mr. Crowe has agreed to assist Mr. Trevino. Mr. Trevino would like to discuss with the developers any flaws in the processing, then if the processing needs amending, then he will do so. Mr. Trevino asked for Council concurrence to set the meeting and hopefully out of the meeting will come a better way of handling the process. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO AUTHORIZE THE CITY MANAGER TO SET UP THE ~1EETING REGARDING THE REVIHI OF PROCEDURES REGARDING LAND DEVELOPMENT. 11'14 Page eight City Council Minutes August 9, 1983 PUBLIC Cm~MENTS Eugene Carter, 109 N. Lowell, asked the City Manager to take into consideration the sewer capacity when he holds his meetings with the developers on land development. REPORTS AND RECOMMENDATIONS Mr. Porter reported that Mr. Savord and Mr. Salter could not submit the materials needed fortonight's meeting regarding the Sewer Reimbursement and Sewer Hook-up problems. Mr. Porter asked the Council to continue the item to 8/23/83 unless the Council could meet sooner. Council concurred to continue the item to August 15, 1983, at 7:30 p.m. - Mr. Knight asked if a piece of property has a lien put against it for weed abatement, does the amount of money receive an additional penalty if not paid in the specified time. Mr. Rubel stated the property owners are notified that if the work is done by the City a lien will be put on the property with an approximate $15.00 administrative charge. Mr. Porter stated in the water department, charges are subject to penalties and not an administrative charge. Mr. Knight would like staff to look at charging interest on the money the City expends for work done while the money is out, because the money might be better spent in other areas. Mr. Knight asked if the new car wash to be located on Riverside Drive was going to cut the little street between Riverside Drive and Frazer so that there will be proper water run-off. Mr. Rubel will look into the matter. Mr. Knight asked what was the status of the Library Project. Mr. Trevino stated the Library Board is getting direction from Supervisor Walt Abraham and he is directjng the Library Board to offer the City a twelve (12) year lease. Mr. Trevino feels that the City should go ahead with the proposed addition. Mr. Trevino is hopeful of utilizing$lOO,OOO out of the Redevelopment Agency Bonds. Mr. Trevino suggested borrowing the money from the City at this time and continue with the expansion, and after the bonds are issued, pay the City back. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE MONEY BE ... SET ASIDE FOR THE LIBRARY PROJECT AND CONTINUE ON WITH IT. Mr. Torn expressed concern that this was not a part of the budget that was adopted this evening and also would like to see the program laid out, committments on behalf of the County to add more hours, book and periodicals and a repayment program of monies the City will layout. Mr. Trevino stated the County ~s willing to give a 12 year lease and commit $900 per month. Ms. Valenzuela stated the Library is in need of additional space and an area for the youth to read. Lilah Knight stated she can not speak for the County of Riverside, only as a citizen. Ms. Knight stated the room is over crowded, reading tables have been removed for more space for the books, the shelves are too high and the shelves too close together. Mr. Knight stated the School District has done wonders in improving the facilities at the Lakepoint property. Mr. MacMurray stated he has been receiving phone calls regarding the response time of the Sheriff's Department and would like to get approval to have the City Manager look into the possibility of having our own police department. Council concurred. Mr. MacMurray stated a crosswalk is need at the Vons Shopping Centerahd the Stater Brothers Shopping Center on Mission Trail. Mr. MacMurray stated people are having a difficult time crossing the street. Mr. MacMurray stated he would like to see some type of service group or organization put up street signs in the City. It was stated that one service group offered to do this in the past. Mr. MacMurray stated he was concerned about the number of animals that are loose at night. Mr. Torn stated at the corner of Machado Street and Lincoln Street, Sonny Davidson had cut down one of the Denrlara Cedar Trees, approximately 85 years old and in very nice condition with no rhyme or reason. Mr. Torn stated Mr. Davidson was cited, but it was in the City right-of-way. Mr. Torn suggested Mr. Davidson be prosecuted to the fullest extent of the law. Mr. Torn suggest the Council receive input from the - ita Page nine City Council Minutes August 9, 1983 REPORTS AND RECOMMENDATIONS - Continued. City Attorney on this matter. Mr. Porter stated the possible felony prosecution would be handled by the District Attorney's Office. Mr. Porter will see that the Sheriff's Department makes a complete investigation and the Sheriff's Department will turn it over to the District Attorney and the District Attorney will decide whether or not to prosecute. The violation of the municipal code would be handled out of the City Attorney's Office. Mr. Torn asked about the CalTrans special permits on Riverside Drive which the City -is waiting for, stating it has been long enough that the permits should have been processed and the City should be receiving the benefit of the street improvements. Mr. Trevino stated he will look into the matter. Mr. Torn stated there is a County Subdivision Tract that is being processed at the intersection of Machado and Lincoln that has Deodara Trees on them on the northeast corner. Mr. Torn suggested staff be directed to contact the County to let them know what our policy has been on the trees. X) r-- t-- 1-;) ~ o Mr. Torn stated there is a change of use at the Four-Corners Liquor, across the street from the Butterfield Savings and Loan Building. It appears the use has changed from a liquor/convenience store to what appears to be a bar, they are selling beer and wine and they provide a place for them to sit down. There has been a problem with parking in the past and no additional provisions have been made for more parking. Mr. Trevino stated staff is working on the outdoor convenience and change of status. Mr. Unsworth stated between Chaney Street and Dryden Street there are four (4) hills of strEets that do not have street signs and the emergency vehicles can not find the streets because of the lack of street signs. Mr. Unsworth stated he would like Mr. Rubel to check the streets signs in the above mentioned area. Mr. Unsworth stated. there is a problem with boat launching at Poe and Lakeshore on the weekends, the safety of the people in the day use area and parking in the Swick Park area. Mr. Trevino stated it is the intent of the staff to get further along on Swick Field, close off the Lakeshore entrance and bring the entrance off Poe. The Lakeshore committee will be calling a committee meeting to discuss some ideas on this problem. Council concurred to recess at 9:55 p.m. Council reconvened at 10:03 p.m. Council adjourned to Executive Session at 10:03 p.m. to discuss a personnel matter. Council reconvened at 10:41 p.m. Mayor Unsworth regretfully announced that the City Clerk has resigned effective August 23, 1983. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:42 P.i~. TO AUGUST 15, 1983, AT 7:30 P.M. - ATTEST: J ., tj MINUTES CITY OF LAKE ELSINORE ADJOURNED REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, AUGUST 11, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Adjourned Regular meeting of the City Council was called to order by Mayor ... Unsworth at 7:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present was City Clerk Harrington. BUSINESS ITEM 1. Appointment of City Treasurer A general discussion ensued regarding the qualifications of Mr. Carl Graves for City Treasurer. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPOINT CARL GRAVES TO FILL JIMMY MORGAN'S POSITION OF CITY TREASURER. ~~-:' Council adjourned into Executive Session to discuss a personnel matter at 7:18 p.m. Council reconvened at 7:21 p.m. with no action taken. 2. Study Session regarding City Clerk Council concurred to set a study session date of Tuesday, August 16, 1983, at 6:00 p.m. to discuss the position of City Clerk. -- 3. March Air Force Base Committee Mr. Unsworth reported that the March Air Force Base Committee is looking forward to a representative of the City of Lake Elsinore attending their meetings. Mr. Unsworth will ask Mr. Trevino to attend the meetings. Ms. Valenzuela stated she will attend the meetings if Mr. Trevino is not available. Council adjourned into Executive Session to discuss a personnel matter. at 7:27 p.m. Council reconvened at 7:45 p.m. with no action taken. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY KNIGHT A~D CARRIED UNANIMOUSLY TO ADJOURN THE ADJOURNED REGULAR MEETING AT 7:45 P.M. () ~ t{~ JO. G. UNSWORTH, MAYOR CI Y OF LAKE ELSINORE _. ATTEST: I"' , MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 23, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:33 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the flag was led by Mayor Unsworth. ~ t"- l'- '-:> Q o ROLL CALL PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Ronnow and City Clerk Harrington. PRESENTATIONS City Clerk Harrington administered the Oath of Office and introduced the new City Clerk, Jo Ann Money, who assumed the duties"oof City Clerk at 7:36 p.m. Mayor Unsworth presented Deborah Harrington with a Certificate of Appreciation for her past services as City Clerk. PROCLAMATIONS Mayor Unsworth presented a Proclamation congratulating the Lake Elsinore Little League team, their manager and coach, on winning the 1983 Area II Championship. Council recessed at 7:40 p.m. Council reconvened at 7:42 p.m. CONSENT CALENDAR The following items were removed for further discussion and consideration: Items 4, 6, 7 and 8. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1 . M i nu tes : a. August 9, 1983 - Regular Meeting - Approved as presented. b. August 11,1983 -Adjourned Regular Meeting - Approved as presented. 2. Building Division Monthly Activity Report - July, 1983 - Accepted as Infor- mational item. 3. Lions Club Request - Approved request to change date for use of City Park from October 2, 1983 to October 9, 1983 for White Cane Breakfast. 4. Use of Gazebo - Bernadette Mook - Removed from Consent Calendar. 5. Lions Club Request - Approved request to use Swick Field on September 9, 10,11, 16, 17 and 18,1983, for Lake Elsinore Soft Ball Association Annual Fast Pitch Tournament, and waived all fees. Request to serve beer denied. 6. Neighborhood Watch Program - Removed from Consent Calendar. 7. Resolution of Support for Department of Housing and Community Development Grant - Removed from Consent Calendar. lltJ Page two City Council Minutes August 23, 1983 CONSENT CALENDAR - Continued. 8. Memorandum of Understanding between Public Employees Association and Resolu- tions setting Compensation of Certain Officers and Compensation Schedules for all Classes of Employment in City Service - Removed from consent calendar. 9. Claim 83-20 - Late claim application - Rodriguez Disposal - Rejected and Referred to City Attorney. 10. Set for Public Hearing - September 27, 1983 - Approved. a. Conditional Use Permit 83-9 - Ultralight Air Park b. Conditional Use Permit 83-10 - Auto Repair Operation c. Conditional Use Permit 83-11 - Mobile Home Sales Lot and Office, d. Tentative Parcel Map 19335 - ITEMS REMOVED FROM CONSENT CALENDAR 4. Request to Use Gazebo - City Park - August 27; 1983 - Bernadette Mook Mr. Torn stated he felt this was the kind of use the Park and Gazebo were intended for, as in the case of other City facilities. John Porter agreed that the use was appropriate but questioned whether the City wanted to be- come involved in the booking or scheduling of various portions of City Park. Council might consider the administrative problems involved in scheduling this type of facility., Ms. Valenzuela stated that she feels very strongly that this facility was ..built for the citizens and they should be encouraged to use it. She feels . there is a need to schedule the facilities to insure that they have mOAimum usage and don't just deteriorate. ' Mr. Trevino suggested that staff prepare an ordinance covering this type of scheduling of City facilities. Mr. Unsworth commented that any ordinance in the future should include all City facilities and should give Council some guidelines and executive abil ities. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST FOR USE OF THE GAZEBO ON AUGUST 27, 1983 AND INSTRUCT CITY ATTORNEY AND CITY MANAGER TO PREPARE AN ORDINANCE COVERING THE SCHEDULING OF CITY FACILITIES. 6. Neighborhood Watch Program Ms. Valenzuela reported that on August 18, 1983, the :Neighborhood Watch group had their first meeting. At that time, it was noted that the Program requirements were that only persons residing within the City Limits of Lake Elsinore could be involved in this program. Ms. Valenzuela stated that she would like to have this changed to read that the cars will only patrol in the City but volunteers can be recruited from the County area. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CHANGE THE REQUIREMENTS FOR THE NEIGHBORHOOD WATCH PROGRAM TO STATE THAT THE CARS WILL PATROL ONLY WITHIN THE CITY LIMITS OF LAKE ELSINORE BUT VOLUN- TEERS MAY BE ACCEPTED FROM THE COUNTY AREA. 7. Resolution of Support for Department of Housing and Community Development Grant - Mr. Trevino reported that it had been intended to apply for this grant and prepare a program, however, it appears that we will not be able to meet some of the conditions and therefore recommended pulling this item off the agenda. Council concurred. }" ~ Page three City Council Minutes August 23, 1983 ITEMS REMOVED FROM CONSENT CALENDAR - Continued. .X) r-- l'-- '-;) Q o 8. Memorandum of Understanding between Public Employees Association and Resolutions Setting Compensation of Certain Officers and Compensation Schedules for all Classes of Employment in City Services. Mr. Trevino stated that staff recommended approval of the Memorandum of Under- standing and the accompanying resolutions. Mr. Unsworth referred to the resolution regarding employee compensation schedules and asked if the position of Administrative Aide/Building and Safety Department had been dropped or had the Trainee position been added at the same range of 47.5. Mr. Trevino stated that he would like the Administrative Aide/Building and Safety (47.5) to be abolished as of the first of October as there is an employee presently in this position. Mr. Unsworth commented that he would like the position to remain in the schedule as long as there was an employee in that position and add the trainee position at the 43.5 range. Mr. Trevino stated this could be done, however, if this position became open in the future, he did not intend to fill it. Further, he asked that the Planning Assistant, at a range of 48.5, be changed to Planning Associate. Council concurred to add the trainee position at 43.5 with the understanding that the Administrative Aide position at 47.5 would be abolished at such time as that position became vacant, and to change the Planning Assistant to Planning Associate. RESOLUTION NO.' 83-54 -. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, SETTING FORTH THE COMPENSATION OF CERTAIN OFFICERS OF SAID CITY FOR THE FISCAL YEAR 1983-84. RESOLUTION NO. 83-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING SECTION 12 (a) OF RESOLUTION NO. 1376 REGARDING THE COMPENSATION SCHEDULES FOR ALL CLASSES OF EMPLOYMENT IN THE CITY SERVICES, PROVIDING FOR CERTAIN OTHER COMPENSATION BENEFITS, AND REPEALING ALL OTHER RESOLUTIONS IN CONFLICT THEREWITH. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE MEMORANDUM OF UNDERSTANDING AND RESOLUTIONS NO. 83-54 AND 83-55 WITH THE FOLLOWING CHANGES TO RESOLUTION NO. 83-55: ADD "ADMINISTRATIVE AIDE/BUILDING AND SAFETY TRAINEE" (43.5) AND "PLANNING ASSISTANT" TO READ "PLANNING ASSOCIATE" (48.5). PUBLIC HEARINGS 31. Conditional Use Permit 83-8 - Mobilehome Sales Lot and Office - Riverside Drive, between Lakeshore and Joy Street. Mayor Unsworth announced that this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-8 for a Mobilehome Sales Lot and Office located at Riverside Drive between Lakeshore Drive and Joy Street. ..-. At this time Councilmember Torn excused himself from consideration of this item due to the fact that at one time he owned the modular office unit that is being considered. Mr. Trevino reported that this Conditional Use Permit 83-8 has been requested by Robert G. Williams. The Planning Commission recommended approval of this CUP, subject to the following two conditions: that the modular office unit be skirted and the CUP be reviewed after six (6) months. The owner, Robert G. Williams has filed for the CUP in order to continue to conduct his mobile- home sales business which he has been conducting for the past ten years. At that time, the City Council did not require a CUP for a mobilehome sales lot. Staff has researched and found that the City did require conditional use permits prior to ten years ago, however, staff was unable to find any mention in prior Council minutes of Mr. Williams receiving permission to operate said lot without the necessity of obtaining a CUP. J~U Page four City Council Minutes August 23,1983 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 83-8 - Mobilehome Sales Lot and Office - Continued. The City Engineer requested that two additional conditions be added to this application, however, the Planning Commission determined that they were not appropriate. 1. The applicant be required to pay Public Safety fees unless waived by the City Council. 2. Applicant to participate in traffic signalization of Joy Street, north- westerly of Riverside Drive. The City Clerk stated no written correspondence had been received by the City Clerk's office on this item. - Mayor Unsworth opened the Public Hearing at 7:59 p.m. asking those in favor of Conditional Use Permit 83-8 to speak. The applicant, Mr. Robert G. Williams, 32172 Machado Street, stated that at the time he installed the office, he obtained all the various permits which the City required and went before the City Council and was given approval to go ahead and use the property. There was no mention of the need for a conditional use permit. He has been doing business at this location for twelve years, and has since filed for a conditional use permit because, every time staff changes within the City, they want to know where his CUP is. Mr. Williams has decided to obtain the CUP at this time ,in order to save time in the future and to have something on record. He requested that the Council Minutes clearly ~state that even though he is asking for a conditional use permit, he is in no way giving up his 'Grandfather Clau~e'. He also asked for waiver of fees which were recommended by the Engineering Department due to the fact that there is a subdivision planned and he will be assessed these fees during the various phases of the tract map procedures. Mr. Porter recommended that impact fees be waived without prejudice so that if we do have to come back under the CUP, the issue can be addressed. - Mayor Unsworth asked those in opposition to Conditional Use Permit 83-8 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:07 p.m. Mr. Williams answered questions from Council. He stated he does not intend to operate a mobilehome sales or storage lot at this location. Mr. Williams clarified that the mobile trailer which was recently placed behind the C-21 office was done due to overcrowding of the real estate office and the need for expansion. Discussion follO\^led and it was clarified that the Conditional Use Permit 83-8 applied to the mobile trailer recently placed on this property. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE CONDITIONAL USE PERMIT 83-8 COVERING ONLY THE MOBILE TRAILER BEHIND THE C-21 A-FRAME OFFICE STRUCTURE AND REQUIRE UNIT TO BE SKIRTED AND THE CONDITIONAL USE PERMIT TO BE REVIEWED AFTER SIX (6) MONTHS. AYES: MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: KNIGHT 32. Zone Change 83-5 - Pre-Zoning for Annexation No. 29, Northerly of the Inter- section of 1-15 and Highway 74. Mayor Unsworth announced that this was the time and place for a Public Hearing ... pursuant to application for Zone Change 83-5, pre-zoning for Annexation No. 29. Mr. Trevino reported that this is a City sponsored Annexation. The Local Agency Formation Commission requires all annexation requests receive pre- zoning approval prior to application for- annexation. The site location of the proposed zone change is west of Central Avenue and north of Dexter Avenue. The existing Riverside County zoning is R-R-O (Rural Residential Outdoor Ad- vertising) and M-R (Mineral Resources). The proposed zoning is C-P (Commercial Park). The annexation area would include approximately 12 acres and is a part of the 'Clay Mine Annexation'. 1M! Page five City Council Minutes August 23, 1983 The Planning Commission recommends approval of Zone Change 83-5 subject to the following conditions, and approval of an ordinance implementing said zone change: .X) t-- l'e /""':) o o 1. A finding of conformance with the General Plan. 2. No significant impact upon the environment. 3. Issuance of a Negative Declaration. The City Clerk stated that no correspondence had been received by the City Clerk's Office regarding this item. Mayor Unsworth opened the Public Hearing at 8:22 p.m. asking those in favor of Zone C~ange 83-5 to speak. No one asked to speak. Mayor Unsworth asked those in opposition to the Zone Change 83-5 to speak. Mr. Eugene Carter, 109 N. Lowell, asked for clarification of the size of the Annexation. Mr. Unsworth stated the total annexation was 70.2 acres. Mr. Carter questioned what provisions had been made for run-off waters. Mr. Trevino explained that these issues would be dealt with once the annexation was underway. Mayor Unsworth closed the Public Hearing at 8:25 p.m. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 83-5 SUBJECT TO THE THREE PLANNING COMMISSION CONDITIONSnAND TO READ THE ORDINANCE BY TITLE ONLY. -. , . t- ORDINANCE NO. 680 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING CERTAIN ZONING STANDARDS FOR USE WITHIN THE AREA DESIGNATED AS ANNEXATION NO. 29. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 680. AYES: NOES: ABSENT: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE \ Council adjourned to the Appeals Board at 8:26 p.m. APPEALS BOARD Appeals Board convened at 8:27 p.m. 1. Appeal of Mr. Jose Martinez - Interpretation of Code Section - 906 W. Lakeshore Drive John Porter, City Attorney, recommended that Council refer this matter to him for interpretation and have it brought back at the next Council meeting on September 13. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO REFER THIS MATTER TO THE CITY ATTORNEY FOR INTERPRETATION AND INSTRUCT CITY ATTORNEY TO REPORT BACK TO COUNCIL ON SEPTEMBER 13, 1983. Council reconvened at 8:30 p.m. BUSINESS ITEMS 51. Engineering Proposal for Storm Drain Plans and Study on Lakeshore Drive Northwesterly of Four Corners. Mr. Rubel reported on staff findings regarding this matter. Staff recommenda- tion is to accept the Engineering proposal of Zimmerman and Associates for determining a benefit assessment for and preparing plans and specifications for the extension of a storm drain in Lakeshore Drive, northwesterly of Four Corners. 1~2 Page six City Council Minutes August 23, 1983 BUSINESS ITEMS - Continued. 51. Engineering Proposal for Storm Drain Plans and Study on Lakeshore Driv~, Northwesterly of Four Corners - Continued. Mr. Torn asked for clarification on the scope of work to be performed. Mr. Rubel stated that the storm drain is to begin 540 feet northwest of the intersection with Riverside Drive (at Lakeshore) and extend through to Machado Street. The Stater Brothers shopping center would bear the cost of the extension across their frontage and, at that time, the owners would - establish the entire benefit assessment area so that the City can establish fees. Council will be provided with all the normal plans and specifications and other pertinent information necessary to award a contract. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE CONTRACT WITH ZIMMERMAN AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $5300. 52. Chamber of Commerce Request Regarding IBingol. Mr. Trevino reported that the request comes from Barbara Garroutte, president of the Chamber of Commerce who would like the use of the Community Center for the purpose of conducting Bingo at that facility. Ms. Garroutte is also requesting the City advance $4,000 in order to commence operations. Staff recommends the matter be referred to the City Attorney for his review and recommendations. Mr. Torn stated that he feels that Bingo sponsored by the Chamber of Commerce in the Community Center is not an appropriate use of "City facilities. ;-... Moved by Torn, seconded by Knight that ~this request be tabled indefinitely. MOTION FAILED. Mr. Unsworth commented that when the Community Center first opened, the Valle}_ Volunteers requested permission to hold Bingo there. According to the law, you must have your offices on the premises in order to conduct Bingo and you must also be a non-profit organization. Their request was denied. Ms. Valenzuela feels that the request should be reviewed by the City Attorney in case this type of situation comes up again, Council will have some guidelines as to whether or not it is permissible. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED TO REFER REQUEST TO CITY ATTORNEY FOR HIS REVIEW AND RECOMMENDATIONS. AYES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NOES: TORN 53. Award of Grant Funding - Informational Item. Mr. Trevino reported that the City of Lake Elsinore has been awarded a grant of $62,530 from the California Energy Commission to explore the use of and begin development of the City's geothermal resources. He stated that Reso- lution No. 82-75 authorizes the City Manager to execute all documents concerning the grant and he will be sending the formal contract back to Sacramento this week so that the program can begin on September 1. Mr. Trevino announced that Assistant Planner Dan Fissori has been appointed as Energy Planner of the geothermal development program. This grant will allow development of geothermal resources throughout the city and will include _ all areas within the city limits. 54. Architectural Services - Library Addition Mr. Trevino reported that for the past several months, a committee composed of Councilmembers Arta Valenzuela and Larry Knight and himself, have been involved in plans for an addition to the existing library. Also involved in this project are members of the County Library System. The proposed addition covers approximately 2,000 square feet and also provides approximately twenty parking places to the south of the proposed addition. The firm of 111~ Page seven City Council Minutes August 23, 1983 BUSINESS ITEMS - Continued. 54. Architectural Services - Library Addition - Continued. Patterson and Nunes has been working at no charge providing ideas and sketches to the Committee. The firm proposes to provide architectural services including, but not limited to, working drawings, finished drawings, bid package, and writing of specifications in order for the City to go to bid. The proposed fee for these services would be $7500. The Committee recom- mends and requests Council authorize the firm of Patterson and Nunes as architects for the proposed remodeling, at a fee of $7500. .L; ~ t-.. 1-:) o o Mr. Trevino introduced various representatives from the County Library System and the local branch library. Manny Nunes from the architectural firm of Patterson and Nunes, 18402 Skypark Circle, Irvine, presented his firm1s proposal, describing the various features of the addition and answered questions from Council. Mr. Trevino stated that as soon as the addition is completed, the County will sign a twelve year lease for the facility which will help to pay for the addition. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRM OF PATTERSON AND NUNES FOR ARCHITECTURAL SERVICES FOR THE LIBRARY ADDITION AT A, COST OF $7500. Council concurred to take a break at 8:55 p.m. -. Council reconvened at 9:04 p.m. 55. Street Improvement Program On July 12, 1983, Council authorized soliciting formal bids for the 1983 Street Improvement Program. However, the bid opening date for this project had to be extended. Mr. Rubel requested Council consider proceeding on an individual repair project which would include portions of Main Street and Lakeshore Drive. The estimated cost of this project is $72,000. Council discussion followed and consensus was to wait and obtain bids for the entire street improvement program. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO GO TO BID WITH THE ENTIRE PACKAGE OF PRIORITY STREETS SO THAT WE CAN ATTACH DOLLAR FIGURES TO EACH OF THE PRIORITIES. 56. Second reading of Six Ordinances Implementing Previously Approved Zone Changes. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ ALL SIX ORDINANCES BY TITLE ONLY. ORDINANCE NO. 674 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RE-ZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESIDENCE) TO LDR (LOW DENSITY RESIDENTIAL). (ZONE CHANGE 82-6 - CAMPION AND ASSOCIATES). MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 674. AYES: NOES: ABSENT: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE lM4 Page eight City Council Minutes August 23, 1983 BUSINESS ITEMS - Continued. 56. Second Reading of Six Ordinances Implementing Previously Approved Zone Changes - Continued. ORDINANCE NO. 675 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RE-ZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESIDENCE) TO R-3 (MULTIPLE-FAMILY RESIDENCE). (ZONE CHANGE 82-10 - EDWARD RICE). MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 675. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ..., ORDINANCE NO. 676 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RE-lONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESIDENCE) TO R (REC- REATIONAL DISTRICT). (ZONE CHANGE 82-11 - WILFRED YANAGISAWA). MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 676. . - AYES: KNIGHT, MAC MURRAY, TORN,- VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ~.-~: ~ ORDINANCE NO. 677 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RE-lONING CERTAIN PROPERTY FROM R-3 (MULTIPLE-FAMILY RESIDENCE) TO C-l (LIMITED COMMERCIAL). (ZONE CHANGE 82-12 - BUTTERFIELD SAVINGS AND LOAN). MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 677. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ..., ORDINANCE NO. 678 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RE-ZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESIDENCE) TO C-l (LIMITED COMMERCIAL). (ZONE CHANGE 82-13 - SOUTHERN PACIFIC LAND) MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 678. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ORDINANCE NO. 679 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RE-ZONING CERTAIN PROPERTY FROM R-l (SINGLE-FAMILY RESIDENCE) TO M-l (LIMITED MANUPACTURING). (ZONE CHANGE 83-1 - HARMATZ/BURKHART). MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 679. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ..., lrsa Page ni ne City Council Minutes Augus t 23, 1983 PUBLIC COMMENTS Mr. Bob Jacobson, 174 N. Chestnut, commented on the problem of barking dogs and requested that the animal control officer be more effective in responding to and controlling this problem. He also suggested that the railroad tracks north of Sumner on Spring Street be removed or paved over since they are no longer in use. Possibly this could be done in conjunction with the street improvement program. REPORTS AND RECOMMENDATIONS Mr. Torn reported that the Lakeshore Overlay Commitee met for the first time on Monday night and the group plans to meet on a regular basis until they can come up with solutions to the problems along the lake perimeter. L; l'" r-. '-;) ~ o Ms. Valenzuela requested scheduling a date for a joint study session between City Council, Planning Commission and Staff. Council concurred to a tentative date of Tuesday, August 30 at 7:00 p.m. The City Clerk was instructed to finalize scheduling of the study session and inform appropriate persons. Ms. Valenzuela questioned whether or not the city street cleaner was working. Mr. Rubel stated that the equipment has been repaired and is now in working order. Mr. MacMurray questioned the progress of cross-walks on Mission Trail. Mr. Rubel stated he would have a status report ready in about a week. ."- Larry Knight commented on the status of Mohr Street, runnlng alongside the school bus garage and parking area. The rains hav~ washed the street out badly and it is in need of fill. Mr. Trevino stated he ;s aware of the problem and feels there is a possibility that the School District can go in jointly with the City in re-constructjng Mohr Street at a cost of approximately $4500 to $5000. Larry Knight suggested that due to the influx of boaters and campers during the summer months, Council consider closing off Lakeshore Drive between Graham Street and Spring Street. People who come into that area for recreational purposes will be charged a fee for entering. This would provide several benefits: provide money for trash cans to be placed along the Lakeshore and provide work for persons who collect the fees at the entrance to the street. Residents 1 iving in the area could be given a pass which would permit them to come and go at no charge. Fees would be based on whether persons were entering for camping or boat launching. Mr. Knight feels this would be very beneficial in cleaning up the lakeshore. Mr. Unsworth suggested the City Attorney research any legal problems which might exist in closing a public street and charging for access. Mr. Torn mentioned that up to 65% to 70% of the traffic which travels west to east uses the Lakeshore Drive section in question. Closing this section could create tremendous traffic problems. Council concurred to have Mr. Porter research and make recommendations to Council as soon as possible, prior to the rewriting of the Lakeshore Overlay Ordinance. Mr. Unsworth commented that there is a proposal to make Lakeshore at Graham, a one-way street, west-east, which is now being reviewed by the Engineering Depart- ment. After Engineering makes recommendations, the Planning Commission will review and send recommendations to Council. Mr. Unsworth commented on the fact that the City spends thousands of dollars on Ordinances each year and entries into our Municipal Code Book, and these Ordinances are not being enforced, whether by Code Enforcement, Animal Control or Sheriff1s Department. There are City Ordinances to cover loose and barking dogs, noisy and unlicensed motorcycles, etc. Mr. Trevino stated that these problems will be diminished with the hiring of additional Code Enforcement and Animal Control Officers. lt$6 - Page ten City Council Minutes August 23, 1983 EXECUTIVE SESSION Council adjourned to Executive Session at 9:40 p.m. to discuss a legal and a personnel matter. Council reconvened at 10:01 p.m. with no action taken on the legal matter. Mr. Trevino reported that the personnel matter involved CG Engineering who con- tracted with the City for Consultant Services. The project has been postponed indefinitely. Mr. Trevino recommended that Council pay the firm' of CG Engineering the sum of $2823 and advise them that we wish to terminate the agreement due to the postponement of the project. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO PAY CG ENGINEERING THE SUM OF $2823 AND TERMINATE THE AGREEMENT DUE TO POSTPONEMENT OF THE PROJECT. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:04 ~.M. .~~. ..CdL xJ:. '1~ J~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: -- - 1M" MINUTES CITY OF LAKE ELSINORE ADJOURNED, ADJOURNED CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, AUGUST 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Adjourned, Adjourned City Council Meeting was called to order by Mayor Unsworth at 6:00 p.m. ROLL CALL JO PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ~ ABSENT: COUNCILMEMBERS: NONE l'- '-::l ~ Also Present were: City Manager Trevino, Attorney Nazarek and City Clerk o Money. BUSINESS MATTERS There being no business matters to discuss at this time, Mayor Unsworth entertained a motion to adjourn. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 6:02 P.M. ~.)f. 'I~v~ JO G. UNSWORTH, MAYOR C Y OF LAKE ELSINORE ATTEST: IBB MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 13, 1983 * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:35 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: PRESENT: COUNCILMEMBERS: MAC MURRAY, TORN, UNSWORTH ABSENT: COUNCILMEMBERS: KNIGHT, VALENZUELA Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Ronnow and City Clerk Money. CONSENT CALENDAR MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Minutes a. Regular Meeting - August 23, 1983 - Approved as presented. b. Adjourned, Adjourned Meeting - August 24, 1983 - Approved as presented. 2. Warrant List - August, 1983: Approve warrant numbers 18834 through 19019 in the amount of $.228,A05.04.. 3. Building Division Monthly Activity Report - August, 1983 - Accepted as Informational Item. - 4. Resolution approving agreement between City and City Manager. RESOLUTION NO. 83-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND ROBERT TREVINO CONCERNING HIS EMPLOY- MENT AS CITY MANAGER OF THE CITY OF LAKE ELSINORE. 5. Approved request of Lake Elsinore Valley Volunteers to use the Lake Commu- nity Center on Friday through Sunday, September 16th, 17th and 18th from 9:00 a.m. to 3:00 p.m. to conduct a rummage sale. 6. Approved request of the Elsinore Valley Chapter of the National Association of Retired Federal Employees to conduct a White Elephant and Rummage Sale, at the Lake Community Center on October 7 and 8, 1983, from 9:00 a.m. to 3:00 p.m. Approved waiver of fees. ... 7. Claim No. 83-22 - Andrew Aponte, Jr. was rejected and referred to City Attorney. 8. Approved the signing of Settlement Agreement - Lot Line Adjustment 79-5 - Nyiri (New Number - LLA 83-10). .; Ilj~ Page two City Council Minutes September 13, 1983 CONSENT CALENDAR - Continued. -- 9. Set for Public Hearing - October 11,1983: a. Special Permit 83-1 - Preschool/Day Care Center in R-3 District - Northwest of intersection of Riverside Drive and Richard Street - Approved. b. Conditional Exception Permit 83-6 - Sign Ordinance Variance - Fast- Food Restaurant - East of San Jacinto Road, West of Railroad Canyon Road and South of Interstate 15. (AP 363-140-048) - Approved. c. Commercial 83-8 - Proposal to build 4003 square foot restaurant in C-l District - East of San Jacinto Road, West of Railroad Canyon Road and South of Interstate 15 (AP 363-140-048) - Approved. BUS INESS ITEMS ,LJ l'- ~ '-;) ~ o 51. Second Reading of Ordinance No. 680. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. - ORDINANCE NO. 680 AN ORDINANCE OF. THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING CERTAIN ZONING STANDARDS FOR USE WITHIN THE AREA DESIGNATED AS ANNEXATION NO. 29. ~ MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 680 AYES: MAC MURRAY, TORN, UNSWORTH NOES: NONE ABSENT: KNIGHT, VALENZUELA 52. Gift of Land for Children's Park and Resolution approving Grant Application. Mr. Sam Agrusa, 16070 Grand Avenue, Apartment B, Lake Elsinore, has offered to the City, two (2) parcels of property located on McBride Avenue, off of Gunnerson Avenue. The offer is contingent upon the City making a children's park out of the land and naming it IIChildren1s Parkll. Mr. Trevino reported that he has met with Mr. Agrusa and has investigated the property and found it to be very suitable for use as a children's park. In addition to recommending the acceptance of Mr. Agrusa's gift, staff is also preparing an application for a grant in order to design and install playground equipment. It is hoped to obtain this grant from the California Parklands Act of 1980. MOVED BY MAC MURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSL Y:TQ~ACGEPT.-IHE GIFT OF LAND FOR USE AS A CHILDREN'S PARK, FROM MR. SAM AGRUSA, AND IN- STRUCT CITY ATTORNEY TO PREPARE THE NECESSARY LEGAL DOCUMENTS. RESOLUTION NO. 83-57 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR 1980 STATE GRANT MONIES FOR THE PROJECT ENTITLED IIMC BRIDE AVENUE CHILDREN'S PARKII ,AND AUTHORIZING THE CITY MANAGER TO CONDUCT ALL NEGOTIATIONS AND ENTER INTO AGREEMENTS FOR THE USE OF GRANT FUNDS AWARDED UNDER THE CALIFORNIA PARKLANDS ACT OF 1980. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE TI3E~EARRCANDS.GR,8.NrAPPLICATION RESOLUTION NO. 83-57. .,- c~ ~~...... lti~-"""~"r:! . u .".~.- ..~ . ... . ,,--..- ..---.......,~'"',..,.,.. ..... .ilIiIe.~y""~_ ,.~. "_ I~O Page three City Council Minutes September 13, 1983 BUSINESS ITEMS - Continued. 53. Sewer Line Extension - Matich Street West to Benedict Avenue - A1 Hertz Mr. Trevino reported that Mr. A1 Hertz, 3400 Irvine Avenue, Newport Beach, has requested Council approve, in concept, a sewer line extension from Matich Street west to Benedict Avenue, a distance of approximately 2200 feet. This proposal is predicated on additional capacity being made avail- able at the existing sewer plant and would necessitate special permission from the Regional Water Quality Control Board. - Mr. Trevino recommended that Council continue this request for approximately one month, until such time as our current sewer problems have been adequately solved. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THIS REQUEST FOR SEWER LINE EXTENSION TO THE FIRST COUNCIL MEETING IN OCTOBER, OCTOBER 11, 1983. 54. Chamber of Commerce Request.for Bingo Mr. Porter reported that at the last City Council meeting of August 23, 1983, he was instructed to research and report back to Council regarding the Chamber of Commerce request to conduct bingo at the Lake Community Center, and their request for an advance of $4,000. Mr. Porter summarized a report which he had prepared for Council which states that in 1977, the State Legislature provided a local option whereby bingo games could be conducted by charitable organizations. The organiza- tion authorized to conduct bingo games "shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for performance of the purpose for which the organization is organized." <;~ - In 1978, the City Council adopted Ordinance No. 564 which authorizes bingo to be conducted "on1y on property owned or leased by (the licensed organ- ization), and which property is used by such organization for an office or for performance of the purposes for which the organization is organized." In order for the City to authorize the Chamber of Commerce to conduct bingo on the Community Center premises, our ordinance would have to be amended to expand the places where bingo can be played, and the Chamber would have to relocate its office there~ Therefore, Mr. Porter recommended Council deny the request by the Chamber of Commerce to conduct bingo games at the Lake Community Center as well as the request for an advance of $4,000 to commence operation of the. program. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DENY THE REQUESTS OF THE CHAMBER OF COMMERCE TO CONDUCT BINGO GAMES AT THE LAKE COMMUNITY CENTER AND THE ADVANCE OF $4,000. 55. Award of Contract - Street Improvements on Lakeshore Drive On July 12, Council authorized soliciting formal bids for street repairs. Bids were opened Monday, September 12, 1983 at 11:00 a.m. Only one bid was received, Joe's Paving Company of Valley Center, California, in the amount of $94,650. Mr. Rubel feels this bid figure is too high. Staff met with the contractor prior to tonight's meeting and reviewed the ... specifications and the contractor has agreed to negotiate some of the items on the specifications. The total negotiated bid amount is $63,000. Mr. Rubel recommended Council award the contract to Joe's Paving Company in the amount of $63,000. " .' <."""""..,---_.' ~-,.,.~~......._-"",-"""",...~_...-....~~-~., .'-'~_-_" ~_"d"""-~'_""'Ll'~.. .z.....-.-....-"'.:.;.",>...\.. .' ,.-~. .-,','- ~. '-" ...._, ~" .l''':''':'"o'" ;....l-...,t 131 Page four City Council Minutes September 13, 1983 BUSINESS ITEMS - Continued. 55. Award of Contract - Street Improvements on Lakeshore Drive - Continued. ,-- Council and staff discussion followed regarding various aspects of this project. Mr. Trevino suggested, on advice from the City Attorney, that Council reject all bids at this time and at the next Council meeting, instruct staff to negotiate with other contractors in order to insure the best price before awarding a contract for this project. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO REJECT ALL BIDS. 56. Allied Sprinkler Company - Request for Time Extension - Swick Field Mr. Trevino reported that Don Eickhoff, President of Allied Sprinkler Company, is requesting an extension of time on his contract for improvements to Swick Field, and further, is asking that no liquidated damages be assessed his firm. In view of the fact that there have been numerous problems with this company and the project has not progressed satisfactorily, staff recommended that these requests be denied. .L; ~ ~ '-:> ~ Q MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DENY THE REQUESTS OF ALLIED SPRINKLER COMPANY FOR A TIME EXTENSION TO THEIR CONTRACT AND THAT NO LIQUIDATED DAMAGES BE ASSESSED. 57. ..)10. Final Acceptance of Swick Park Lighting and Fencing Project - Allied Sprinkler Company Mr. Rubel reported on the status of this project and made the following recommendations: 1. Accept the project as conforming to approved plans and specifications. 2. Authorize recording of a Notice of Completion. 3. Approve final or fourth progress payment in the amount of $5,749.64. 4. Direct staff to present a recommendation to Council on Liquidated i:Damages before the end of the 35 day 1 ien period. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE FINAL ACCEPTANCE OF SWICK PARK PROJECT SUBJECT TO THE FOUR STAFF RECOMMENDA T IONS. PUBLIC COMMENTS Eugene Carter, 109 N. Lowell Street, commented on the fact that for the second time in a month, King Video Company has not televised the City Council Meeting. He requested a strong letter be sent to the company reminding them that many citizens in the community are paying for their services and expect to be able to view the Council meetings. REPORTS AND RECOMMENDATIONS - Mr. Trevino requested that a committee be formed in conjunction with the City's geothermal activities. This committee should be composed of seven or eight persons who have lived in the community for a number of years, who could help in locating old wells which are still in existence. He also recommended that Councilman MacMurray be appointed Chairman of this committee. Mr. Unsworth requested that the newspaper assist in informing the public that anyone interested in and qualifying for this geothermal committee should come in to City Hall and fill out an application. Council will review and approve the applications. ~" I" ,-, -~.~.' ~.".~ ." "'-.u.''''iI'' .~.:..u. .." .".~ ~Illl' 'a:' .c.'....."'.. ."". ....'- '~~:l:'''lii:illiliir'i,,~(''~ltllir'7 c....' ',..."""'....,..~..,.'.....Jij, ~;'li'.'V""-.~...~...,.;;.'-.J... ~'... lY2 Page five City Council Minutes September 13, 1983 REPOR"KS AND RECOMMENDATIONS - Continued. Mr. MacMurray inquired about the status of cross-walks at Mission Trail. Mr. Rubel stated that these have been completed at Mission Trail and Railroad Canyon Road (Mc Donalds location). Next week the cross-walks will be completed at Campbell and Mission Trail. Mr. Torn asked for an update on the signalization project at Mission Trail and Railroad Canyon Road. Mr. Rubel stated that we are awaiting delivery of the pole. He will follow-up and inform Mr. Torn of the anticipated delivery date. Mr. MacMurray inquired as to when we will be able to go to bid on the water well project. Mr. Rubel will check on the status of the well and report back to Mr. Trevino. -- Mr. MacMurray stated he has been researching the possibility of converting the City station wagon from a diesel to a gasoline engine. He recommended we do not proceed any fl:lrther with this project until we look into the feasibility of trading-in this vehicle on a gasoline powered model. Mr. Trevino reported that Ray Nelson the chief mechanic, is putting together figures on the purchase of a new vehicle and they should be ready to present to Council at the next meeting. Eugene Carter requested more detailed information on the development of the water well. Mr. MacMurray reported that, at this time, $59,000 has been expended on the well project. The drilling has gone to an approximate depth of 469 feet. At this depth, the driller found substantial water, the capacity was 425 gallons per minute, up to 550 gallons per minute, with a draw-down of 26 feet. The water has been tested by Babcock & Sons and found to be of very good quality. Mr. Torn requested an update on the railroad right-of-way. Mr. Trevino stated that he has had no word on this project but will be contacting the Railroad Company in the coming week and will present a report at the next meeting. -- EXECUTIVE SESSION Council adjourned to Executive Session at 8:15 p.m. to discuss a personnel and a legal matter. Council reconvened at 8:45 p.m. with no action taken. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 8:46 P.M. ~..>>, 1t~-;t{- ~OHN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: -- , l~j MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:39 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Valenzuela. t ROLL CALL oX; l"" l'- '-:> ~ o The City Clerk called the roll: PRESENT: ABSENT: COUNC ILMEMBERS: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Ronnow and City Clerk Money. PRESENTATIONS Mayor Unsworth presented a Certificate of Honor from the City of Lake Elsinore, to Archie Rempher for an unselfish act of heroism performed on August 14, 1983, when Mr. Rempher rescued a man whose boat capsized during a storm on the lake. CONSENT CALENDAR The following items were removed from the Consent Calendar for further considera- tion and discussion: Mayor Unsworth requested Items lb, lc, 2 and 6 be removed. Eugene Carter requested Items 3, 9, 14 and 15 be removed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes a. August 16, 1983 - Study Session d. August 24, 1983 - Study Session e. August 24, 1983 - Study Session 4. Approved signing of Library Expansion Agreement. 5. Approved signing of Lease Agreement - Riverside County Senior Nutrition - F/Y 1983/1984. - 7. Approved Chamber of Commerce request to use Community Center and Waiver of Fees - October 8, 1983. 8. Approved Community Programs by Peggy Lakey and appropriation of $1130.00 from the Community Center Account No. 220. 10. Acceptance of street dedication deed from Bank of America National Trust and Savings Association - Approved. 11. Acceptance of street dedication deed from Mr. Wally McGowan - Approved. 12. Acceptance of Grant Deed - Donald and Janet Vickers - Approved. 13. Disposal of Surplus Property - Authorize City Manager to conduct sale of 611 aluminum irrigation pipe - 6" lengths,and one (1) obsolete traffic signal head and equipment - Approved. 194 Page two City Council Minutes September 27, 1983 CONSENT CALENDAR - Continued. 16. Claim No. 83-23 - YANNI, Kim L. - Rejected and referred to City Attorney. ITEMS REMOVED FROM CONSENT CALENDAR lb. Minutes - Joint Study Session - August 30, 1983 - Item 7, last paragraph - Mr. Unsworth questioned whether the wording of the minutes was correct with reference to the 'Grandfather Clause'. Council concurred that the minutes were correct as stated. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF AUGUST 30, 1983 AS PRESENTED. lc. Minutes - Regular City Council Meeting - August 23, 1983 - Pledge of Allegi- ance - Mr. Unsworth stated that Mr. Torn led the Pledge of Allegiance, not Mayor Unsworth. Council concurred. .... MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF AUGUST 23, 1983 AS CORRECTED. 2. Resolution - National Fire Prevention Week Mr. Unsworth read a resolution proclaiming October 9 through October 15, 1983, as National Fire Prevention Week. RESOLUTION NO. 83-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE-ELSINORE, CALIFORNIA, PROCLAIMING OCTOBER 9 THROUGH OCTOBER 15, 1983, AS NATIONAL FIRE PREVENTION WEEK. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-58. 3. Request by Pet Health, Inc. to conduct a low cost pet clinic on Oct. 21,1983. Mr. Trevino reported that staff recommended denial of this request since Riverside County conducts similar clinics on a regular basis. --- MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOSULY TO DENY THE REQUEST OF PET HEALTH, INC. FOR A LOW COST PET CLINIC. 6. Chamber of Commerce - Request to Serve Beer - Chuckwagon Event - Oct. 15 and 16. Mr. Unsworth stated that the Sheriff's Department wants to be sure that the Chamber of Commerce has an ABC License to serve beer. Mr. Porter stated that our Municipal Code prohibits drinking or furnishing alcohol in public places. Council discussion followed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THIS ITEM BE HANDLED BY THE CITY MANAGER AT HIS DISCRETION. 9. Resolution establishing Bus Zones. RESOLUTION NO. 83-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROHIBITING PARKING TO ACCOMMODATE A BUS STOP AT MISSION TRAIL AND RAILROAD CANYON ROAD AND AT MISSION TRAIL AND CAMPBELL AVENUE. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-59. .... 14. Resolution - Water Department Appointee - Small Claims Court Mr. Trevino reported that this was a resolution appointing a city employee to represent the City in Small Claims Court regarding delinquent water bills. Eugene Carter asked if this would be a new employee and Mr. Trevino explained that it would be someone currently on staff. 195 Page three City Council Minutes September 27, 1983 ITEMS REMOVED FROM CONSENT CALENDAR - Continued. 14. Resolution - Water Department Appointee - Small Claims Court - Continued. ,- RESOLUTION NO. 83-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING DIANA MODESTI AS THE CITY'S AUTHORIZED REPRESENTATIVE TO PROSECUTE SMALL CLAIMS COURT COLLECTION ACTIONS IN THE NAME OF THE CITY OF LAKE ELSINORE. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-60. 15. Resolution Establishing Traffic Signaliiation Fees Mr. Rubel explained that this resolution was necessary in order to establish traffic signalization fees for the intersection of Railroad Canyon Road and Casino Drive. ~ t-- t-- ~ ~ o RESOLUTION NO. 83-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING PUBLIC TRAFFIC SAFETY MITIGATION FEES FOR THE TRAFFIC SIGNALIZATION AT THE INTERSECTION OF RAILROAD CANYON ROAD AND CASINO DRIVE (FRONTIER ROAD) TO BE COLLECTED FROM DEVELOPMENT SUBJECT TO DISCRETIONARY APPROVAL. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-61. Mr. Knight announced there would be a BIKE-A-THON on October 1, 1983, from 9:00 a.m. to 1:00 p.m. for the benefit of St. Jude's Children1s Hospital. He urged everyone to participate by riding or sponsoring a biker to benefit this worthy cause. - PUBLIC HEARINGS 31. Tentative Parcel Map 19335: Gary and Charles Morris - Subdivide 4.55 ~ Acres into Seven Parcels - Approximately 1000 Feet East of Riverside Drive, South Side of Collier Avenue. - Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Tentative Parcel Map 19335. Mr. Trevino reported that the Planning Commission held hearings on TPM 19335 on August 16 and September 5, 1983. Because of wastewater disposal constraints the applicant agreed to amend the Tentative Parcel Map to subdivide 4.55t acres into six (6) instead of seven (7) parcels. Commission made a finding that the proposed revised length of approximately 725 feet is justified by excep- tional condition applicable to the land. The Lake Elsinore Municipal Code Section 16.16.020 requires the City Council to approve a cul-de-sac street over 600 feet in length. The Planning Commission recommends approval of Tentative Parcel Map 19335, subject to the following 19 conditions: 1. Comply with the County Fire Department requirements with regard to pipe sizing in project limits and hydrant type and location. 2. Obtain Encroachment Permit from Caltrans to provide for a temporary connection to Collier when future building permit is issued on parcel one (1) or any other parcel. 3. Construct one-half of a 76 foot wide Collier Avenue roadway with 100 foot right-of-way (State Highway 74) to City and Caltrans standards at the time of issuance of building permits for parcel number 1, if required by the City of Lake Elsinore. 4. Dedicate one-half of a 100 foot wide right-of-way for Collier Avenue in conformance with Caltrans requirements. Applicant's engineer to est- ablish right-of-way location in relation to Railroad property. 5. Dedicate subsurface water rights to the City of Lake Elsinore. 196 Page four City Council Minutes September 27, 1983 PUBLIC HEARINGS - Continued. 31. Tentative Parcel Map 19335: Gary and Charles Morris - Subdivide 4.55: Acres into Seven Parcels - Approximately 1000 Feet East of Riverside Drive, South Side of Coll ier Avenue - Continued. 6. Provide City of Lake Elsinore with a water availability letter from E.V.M.W.D. 7. Assist in forming Lighting and Landscaping Assessment District. 8. Meet all requirements of the City of Lake Elsinore, the Riverside County Health Department and the Regional Water Quality Control Board for sewage disposal at time of issuance of building permits. - 9. Comply with all requirements of the Subdivision Map Act and City Codes. 10. Applicant to obtain recorded drainage release or recorded drainage easement from downstream property owner or otherwise provide for drainage as approved by City Engineer. 11. Cul-de-sac length exceeds the 600 feet allowed by Lake Elsinore Municipal Code. Commission made a finding that proposed revised length of approximately 725 feet is justified by exceptional conditions applicable to the land, and that the finding is necessary for preservation of a substantial property right. Provide paved temporary turn around at cul-de-sac until other half of cul-de-sac is constructed. 12. Parcel 7 shall be eliminated to provide for no more than six (6) numbered parcels and parcell shall have a minimum of 1/2 acre net. 13. Individual parcels shall connect to community sewer system if and when that service is available. 14. Pay all Public Safety Fees. 15. Recordation of Redevelopment CC & R's. 16. A finding of conformance to the General Plan. 17. A finding of no significant impact upon the environment. 18. Issuance of a Negative Declaration. - 19. Install ornamental street lights per City Engineer's specifications. The City Clerk stated that no correspondence had been received by the City Clerk's Office regarding this item. Mayor Unsworth opened the Public Hearing at 7:55 p.m. asking those in favor of Tentative Parcel Map 19335 to speak. Fred Crowe, Butterfield Surveys, stated the applicants, the project engineer and himself had read the Planning Commission conditions and were in agreement with them. They were all present and would be available to answer any questions from Council. Mayor Unsworth asked those in opposition to Tentative Parcel Map 19335 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 7:59 p.m. -- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE PARCEL MAP 19335 SUBJECT TO THE NINETEEN (19) PLANNING COMmSSION CO NO IT IONS. 197 Page five City Council Minutes September 27, 1983 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 83-9 - Ultralight Air Park - South of Railroad Canyon Road and Mission Trail. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-9. ----- Mr. Trevino stated this is an application for a conditional use permit for an ultralight air park located south of Railroad Canyon Road and Mission Trail. The applicant is not in agreement with certain conditions which staff is recommending. Therefore, it is recommended that this item be continued to October 11, 1983, in order for staff to meet with the appli- cant to resolve the differences. ~ ~ ~ ~ Q Q Mayor Unsworth opened the public hearing at 8:01 p.m. asking those in favor of Conditional Use Permit 83-9 to speak. No one asked to speak. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-9 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:02 p.m. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE CONDITIONAL USE PERMIT 83-9 TO OCTOBER 11, 1983 AT 7:30 P.M. 33. Conditional Use Permit 83-10 - Josephine Geloso - Continue Business of Auto Repair - Near Southwest Corner of Railroad Avenue and Marian Street. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-10. Mr. Trevino reported that this auto repair business was cited by Code Enforcement for not having a business license. Staff felt further review was appropriate since the site in question had no parking facilities and items were stored on site, not traditionally associated with automobile repair. On September 6, 1983, the Planning Commission reviewed this Conditional Use Permit 83-10 and recommends approval, subject to nine(9) conditions. The City Clerk stated that no correspondence had been received by the City Clerk's Office regarding this item. Mayor Unsworth opened the public hearing at 8:03 p.m. asking those in favor of Conditional Use Permit 83-10 to speak. No one asked to speak. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-10 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:04 p.m. Council discussion ensued regarding various aspects of this application. Five additional conditions were suggested in addition to the nine recom- mended by the Planning Commission. Also, changes were discussed regarding conditions number 2 and 6. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-10, SUBJECT TO THE FOLLOWING FOURTEEN (14) CONDITIONS: 1. Applicant to remove debris from the site not normally associated with automobile repair. 2. Applicant to provide two (2) parking spaces adjacent to site in question. 3. Applicant to pay all Public Safety fees. 19B Page six City Council Minutes September 27, 1983 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit 83-10 - Josephine Geloso - Continue Business of Auto Repair - Near Southwest Corner of Railroad Avenue and Marian Street - Continued. 4. Applicant to meet County of Riverside Fire Department recommendations. 5. Applicant shall dedicate 20 feet of additional right-of-way for Lakeshore Drive in conformance with the General Plan. .... 6. Street improvements to be bonded or subject to recordable agreement signed by the property owner. 7. Plans for public improvements shall be prepared by applicant's reg- istered Civil Engineer. 8. Legal description for 20 foot dedication shall be prepared by applicant's Engineers and verified by City Engineer. Deed and Title Report shall be supplied to City Engineer. 9. Applicant to meet the City of Lake Elsinore, Riverside County Health Department and Regional Water Quality Control Board's requirements for subsurface sewage disposal. 10. One year review period. 11. Applicant to carry out general clean-upjpaint-up of property. 12. Applicant to provide detailed plot plan showing what will remain on site after inspection has taken place. 13. Applicant to work with Planning Department on signing. 14. Applicant to pay all Ordinance 572 fees where applicable. 34. Conditional Use Permit 83-11 - Lavonna Guss - Establish Mobile Home Sales Lot - Mission Trail between Railroad Canyon Road and Malaga Road. .... Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-11. Bob Trevino reported that the applicant is requesting approval of Con- ditional Use Permit in order to locate his mobile home sales operation on a vacant lot near Stater Brother's Shopping Center. The site in question has been used as a mobile home sales lot in the recent past. The appli- cant currently has an approved Conditional Use Permit for their present location near the northeast corner of Mission Trail and Railroad Canyon Road. Planning Commission held public hearings on Conditional Use Permit 83-11 on September 6 and September 20, 1983 and Commission recommends approval subject to the following twenty-one (21) conditions: 1. Applicant to provide any dedications and off-site improvements if such are needed. 2. Pay traffic signalization assessment fee of $5,086.40 as determined by City Council Resolution No. 83-19. The amount represents! 40% of the total fee of $12,716.00 (Applicant is utilizing only 40% of the property). .-, 3. Pay Public Safety Fees as determined by City Council Resolution No. 83-4. 4. Applicant to provide street light per City Engineer's specifications. 5. Meet all requirements of Riverside County Fire Department. 6. Applicant to rehabilitate all parking areas and public improvements as necessary. 199 Page seven City Council Minutes September 27, 1983 PUBLIC HEARINGS - Continued. 34. Conditional Use Permit 83-11 - Lavonna Guss - Establish Mobile Home Sales Lot - Mission Trail between Railroad Canyon Road and Malaga Road - Continued. 7. On-site wastewater sewage system shall be approved by the County Health Department, Regional Water Quality Control Board and City of Lake Elsinore. 10. ..1:) ll. t-- t-- '~ 12. ~ ~ 13. 14. 15. 16. 17. I - 8. Mobilehome sales office to be fully skirted and two (2) models closest to Mission Trail to be skirted only on the side fronting Mission Trail. 9. Applicant to provide a ten foot (10') wide landscape bed adjacent to Mission Trail (excepting parking area). Plantings shall be approved by the Planning Division. Planting area shall provide permanent and automatic sprinkler system. All items shown on plot plan shall be provided as depicted. All changes will necessitate resubmittal. All signs shall be approved by the Planning Division. Conditional Use Permit shall be subject to a one (1) year review. A finding of conformance to the General Plan. A finding of no significant impact upon the environment. Issuance of a Negative Declaration. After one (1) year of operation, repair the center 14 foot width of existing paving, which is deteriorating, as required by the City Eng- ineer. Completely reconstruct this 14 foot width if tests indicate this is needed in the opinion of the City Engineer. Sand seal the remainder of the existing paving from curb line to street centerline. 18. Provide a plan to be approved by the City Engineer for receiving, channeling and discharging into Mission Trail the storm water run off onto applicant's property from the drainage pipe under Casino Drive. Applicant must sign an acceptance letter to the satisfaction of the City Attorney to eliminate any City liability. Drain into the street must be under the sidewalk and directed downstream. Pay to City $22,000.00 to construct a storm drain pipe and drain inlet in the street to carry storm water to a point of disposal. The $22,000.00 to be paid over a three year period. The first installment of $7,330.00 plus $733.00 inflation or $8,063.00 to be paid after two years of operation and the third installment of $8,063.00 plus $806.00 inflation or $8,869.00 to be paid after three years. 19. Dedicate subsurface water rights. 20. Form a Lighting and Landscaping District. 21. Provide 'will serve' letter for water service from Elsinore Valley Municipal Water District. Mr. Trevino stated that staff has met with the applicant and he is in agreement with the above conditions. The City Clerk stated that no correspondence had been received by the City Clerk's Office regarding this item. Mayor Unsworth opened the public hearing at 8:12 p.m. asking those in favor of Conditional Use Permit 83-11 to speak. Mr. Frank Arculeo, Perris, California, stated that he is one of the appli- cants and he is in agreement with the 21 conditions of the Planning Commission. He offered to answer any questions from Council regarding the application. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-11 to speake No one asked to speak. ~oo Page eight City Council Meeting September 27, 1983 PUBLIC HEARINGS - Continued. 34. Conditional Use Permit 83-11 - Lavonna Guss - Establish Mobile Home Sales Lot - Mission Trail between Railroad Canyon Road and Malaga Road - Continued. Mayor Unsworth closed the public hearing at 8:14 p.m. Council questions and discussion followed. Ms. Valenzuela stated that she did not agree with item 17 of the conditions. She felt the City should not require the applicant to repair City streets, especially since the applicant ... is not the property owner but only leases this property. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE CONDITIONAL USE PERMIT 83-11 SUBJECT TO THE TWENTY-ONE (21) PLANNING COMMISSION CONDITIONS, PLUS CONDITION 22 - NO USED COACHES TO BE STORED ON SITE AND CONDITION 23 - PAY ALL ORDINANCE 572 FEES WHERE APPLICABLE. AYES: COUNCILMEMBERS: TORN, VALENZUELA, UNSWORTH NOES: COUNCILMEMBERS: KNIGHT, MAC MURRAY Mr. Knight and Mr. Mac Murray requested it be noted in the minutes that they voted against approval of CUP 83-11 only because of Condition 17. Ms Valen- zuela stated she was not in agreement with condition 17 either but voted for approval of CUP 83-11 because the applicant accepted the condition. Mr. Porter stated that in this situation where there is a problem with one of the conditions, in the future, procedurally, there could be a motion to divide the question, dividing out the one condition, vote on all the other conditions and then come back and vote on the one condition. Council recessed at 8:28 p.m. Council reconvened at 8:36 p.m. BUSINESS ITEMS '-" 51. Interim Zoning Ordinance - Urgency Situation Mr. Trevino reported that, as Council is aware, the City's General Plan and current zoning ordinance are not consistent. State law requires that the zoning ordinance be consistent with the General Plan. Staff is currently in the process of rewriting the zoning ordinance, which may take as long as five months to complete. Therefore, staff is proposing that Council adopt an interim zoning ordinance to cover this time gap. Mr. Trevino stated this interim ordinance should help to speed up processing of applications re- quiring zone changes. The City Clerk read Ordinance No. 681 in its entirety. ORDINANCE NO. 681 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROHIBITING ANY LAND USES WHICH MAY CONFLICT WITH A CONTEMPLATED CITY-HIDE ZONE CHANGE TO ESTABLISH CONSISTENCY BETWEEN ZONING AND GENERAL PLAN DESIG- NATION. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE ORDINANCE NO. 681. ...., AYES: NOES: ABSENT: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 201 Page nine City Council Minutes September 27, 1983 BUSINESS ITEMS - Continued. 52. General Telephone Company Appeal of Development Requirements Mr. Knight requested that he be excused from deliberation on this item as he is an employee of General Telephone and this could be considered a conflict of interest. - Mr. Rubel reported that a proposed condition of the Building and Grading Permit for expansion of the telephone building at Graham and Langstaff is, IImitigate storm water runoff impacts because of expected flooding of the basement of the adjoining Community Centerll. The construction of the proposed parking lot by GTE will reduce the volume of the holding area for storm water runoff. The developer has appealed this requirement of the building permit. Staff feels the GTE project contributes approximately 7 to 10% toward the problem of sump capacity and drainage and therefore GTE should contribute toward its solution. L; f'- ~ '~ ~ ~ Staff's first proposal to GTE was to participate in the ownership, improvement, operation and maintenance of the existing pump station, but, that was not acceptable to the applicant. If Council determines that the appeal be denied and applicant be required to mitigate drainage impact, staff has proposed three possible alternatives. 1. Require GTE to obtain a drainage liability release from adjacent pro- perty owners including, but not limited to, the owner of adjacent vacant lots, Mr. Barrish who owns and operates the used car sales lot and who built and operates the pump station, and the Jewish Community Center. This release to be approved by the City Attorney, notarized and recorded. 2. Require GTE to enter into a legal arrangement to participate with adjacent affected properties in the ownership, improvement, operation and maintenance of the existing pump station. Provide a 'hold harmless' document to be notarized and recorded. The improvements to the pump station to be as required by the City Engineer. 3. Require GTE to provide to the City of Lake Elsinore, a 350 gpm portable pump, engine generator and discharge hose to provide backup to the existing pump station. Mr. Unsworth stated, for public information, it should be clearly designated that the adjoining Community Center is the Jewish Community Center, not the Lake Community Center. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO REQUIRE THAT GENERAL TELEPHONE PROVIDE TO THE CITY OF LAKE ELSINORE, A 350 GPM PORTABLE PUMP, ENGINE GENERATOR AND DISCHARGE HOSE TO PROVIDE BACKUP TO THE EXISTING PUMP STATION. AYES: TORN, MAC MURRAY, VALENZUELA, UNSWORTH NOES: NONE ABSTENTIONS: KNIGHT Mr. Knight returned to the meeting at 8:50 p.m. - 53. Street Improvement Contract - Lakeshore Drive Mr. Trevino reported that since the last Council meeting on September 13, 1983, he had met with Norm Rubel, Pat Rodgers, Superintendent of Public Works and contractors and some changes were made to the original specifi- cations (No. 83-2). Therefore, staff is recommending Council approve street improvement contract with Sunridge Development Company in the amount of $46, 183 . 60. Council recessed at 8:55 p.m. Council reconvened at 9:00 p.m. ]02 Page ten City Council Minutes September 27, 1983 BUSINESS ITEMS - Continued 53. Street Improvement Contract - Lakeshore Drive - Continued. Pat Rodgers reported on various aspects of the project. He stated that the scope of work to be included in the improvements was an area beginning at Main Street and Graham, continuing down Lakeshore Drive to the City Limits, including the intersection of Mountain Avenue and Lakeshore Drive. Also, a limited amount of work will be done on Terra Cotta Road. Mr. Unsworth stated that at their last meeting, Council took action to reject all bids. Since there were only three Councilmembers present at that meeting, it did not constitute a legal action, a four-fifths margin is necessary. Therefore, the City Attorney advised that it would be necessary for Council to take another vote rejecting all bids, and at the same time staff recommendations could be included. -... MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO REJECT THE ORIGINAL BID AND ACCEPT STAFF RECOMMENDATIONS TO AWARD STREET IMPROVEMENT CONTRACT TO SUNRIDGE DEVELOPMENT COMPANY, IN AN AMOUNT NOT TO EXCEED $72,000. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN TO THE APPEALS BOARD AT 9:09 P.M. APPEALS BOARD Mr. Porter reported that this was an appeal of Mr. Jose Martinez, 906 W. Lakeshore Drive. In view of some pending litigation, the report concerning this matter is confidential. The Martinez property was subject to abatement proceedings following the 1980 flood. The Appeals Board granted an appeal fro~ the abatement provided the structure was boarded up to HUD specifications. Mr. Frazier brought the matter before the Appeals Board for clarification as to whether or not the City should proceed with the abatement. .... Mr. Porter stated that it is his recommendation, in view of the reasons con- tained in his report to Council, that if the City wishes to proceed with the demolition, abatement proceedings should be commenced anew. No action should be taken on the 1980 proceedings. Staff can commence these proceedings with Council direction. Proceedings would take approximately ninety (90) days assuming things procede as quickly as possible. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE APPEALS BOARD AT 9:11 P.M. COUNCIL RECONVENED AT 9:12 P.M. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO BEGIN ABATEMENT PROCEEDINGS ON THE MARTINEZ PROPERTY AT 906 W. LAKESHORE DRIVE. PUBLIC COMMENTS Paul Baccus, 17455 Lakeshore Drive, stated that he represented the Lakeshore Overlay Committee and the committee would like some direction from the City Council regarding what should be done along the lakeshore. Mr. Torn commented there is a new State Park employee who has been assigned to develop a lakeshore plan for the State. The employee has indicated an interest in attending the next committee meeting and offering guidance on planning as it relates to recre- ation and land use along the lakeshore. ... Mr. Unsworth stated that it was his understanding that the purpose of the Lakeshore Overlay Committee was for clean-up of the lakeshore. The Committee was not set up to deal with matters of recreation or zoning. Mr. Knight suggested that perhaps suggestions from the community could be sent to the local newspaper, printed in the 'Letters to the Editor' section and this could be one way of obtaining public input. 203 Page eleven City Council Minutes September 27, 1983 PUBLIC COMMENTS - Continued. John Molvin, 411 Davis Street, commented on the weeds along Chaney Street between Davis Street and Collier. He feels they are very hazardous to pedestrian and vehicular traffic in that area. Mr. Molvin also commented on the problems he has had over the past five years with regard to street improvements on Davis Street. After lengthy discussion it was suggested that Mr. Molvin meet with Pat Rodgers and determine what can be done. .L; l"- ~ I"'":) ~ o Dick Knapp, 29690 Dwan Drive, commented on the difficulty that police and emer- gency vehicles have in finding certain streets and addresses in the Country Club Heights area, due to lack of street signs. Mr. Unsworth stated that posts are being put in place now and lettering for signs has been ordered. Pat Rodgers wi 11 fo 11 ow-up. Bob VerMillion, 31955 Corydon Road, asked why there has not been a bond issue for construction of a flood control channel for Lake Elsinore. Mr. Vermillion was informed that the flood control bond initiative for our district was voted down in the 1982 election. Mr. Vermillion asked who has jurisdiction over the pumps at the lake, the County or the City. Mr. Porter stated that during negotiations in Sacramento it was determined that the City would operate the pumps and the County would determine when they needed to be shut down, to protect downstream property owners. Mr. Vermillion expressed concern that the lake level is still too high considering we are entering the rainy season. Eugene Carter commented on the condition of the ditch and the mosquito problem. Gregg Ross, 3920 Ulla Lane, Lake Elsinore, stated that during the past ten months he has experienced some serious flooding problems at his residence on Ulla Lane. He has brought the problem before Council and talked to City Staff on numerous occasions since the problem began. Mr. Porter stated that the City is presently in litigation with Mr. Ross on this matter. He is seeking injunctive relief from the City, County and the Woodhaven Developers. In view of the litigation, Mr. Porter advised that Council not respond to Mr. Ross's comments. Patrick Callahan, 1402 Lakeshore Drive, asked what is the mean sea level at the bottom of the outflow channel. Mr. Rubel stated it is approximately 1259~ feet near the lake and it varies at other locations up to approximately 1261~ feet. REPORTS AND RECOMMENDATIONS Mr. Trevino requested an executive session to discuss a personnel matter. Mr. Mac Murray complimented staff on the new crosswalks on Mission Trail. Ms. Valenzuela thanked the Council for their consideration during her recent illness. - Mr. Unsworth stated that Code Enforcement has been tagging abandoned vehicles, however, the contractor responsible for picking up these vehicles has informed the City that he has no more storage space so many of them have not been picked up. Mr. Trevino stated that the contract for vehicle abatement is due to be renewed soon and hopes to eliminate this problem at that time. Mr. Unsworth commented that the mosquito abatement program was begun on Septem- ber 19 and the process will control the eggs, not the living insects. People can cooperate by not leaving standing water in any containers. Also, he has been informed by Mr. Luna of the Northwest Mosquito Abatement District that we need a mosquito abatement ordinance. Mr. Porter stated he would have the ordinance prepared for the next Council meeting. Mr. Unsworth requested a study session be scheduled to discuss a police situation, lakeshore clean-up and parking control. Council concurred to set a study session for Tuesday, October 18, 1983 at 7:00 p.m. ~4 Page twelve City Council Minutes September 27, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Unsworth reported on the status of the Neighborhood Watch Program. Appli- cations have been approved, applicants are undergoing their physicals and when these are completed, the Sheriff's Department will begin the thirty-three hour training program. We hope to have cars on the streets by the end of October. EXECUTIVE SESSION -- Council adjourned to Executive Session at 10:25 p.m. to discuss a personnel matter. Council reconvened at 10:42 p.m. Mr. Unsworth reported that the City Manager has requested a four percent cost- of-living increase. Mr. Torn explained that when Mr. Trevino took over the position of Interim City Manager, Council took action to increase his salary by a net figure of $100.00 weekly to compensate for the additi.onal duties. When he was hired as permanent City Manager, he actually took a cut in salary, as well as taking on extra duties. The four percent increase actually is less than the $100.00 per week which the City had been paying Mr. Trevino. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO INCREASE THE CITY MANAGERS CONTRACT BY FOUR PERCENT, RETROACTIVE TO SEPTEMBER 1, 1983. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:45 P.M. ....., ~~1~ J~N . NSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ....., 205 MINUTES CITY OF LAKE ELSINORE SPECIAL CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 18, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Special Meeting of the City Council was called to order by Mayor Unsworth at 7:04 p.m. ROLL CALL Jj ~ t-- !~ o o PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino and City Clerk Money. ACCEPTANCE OF FEMA DEED Mayor Unsworth stated that the purpose of this special meeting was to authorize acceptance of a deed for property located at 31101 and 31117 Nebraska Street in the City of Lake Elsinore. This property was purchased by the Federal Emergency Management Agency following the 1980 flood and now is being deeded back to the City. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ACCEPT DEED TO PROPERTY LOCATED AT 31101 AND 31117 NEBRASKA STREET, LAKE ELSINORE, CALIFORNIA. There being no further business at this time, Mayor Unsworth entertained a motion to adjourn. ADJOURNMENT MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADJOURN THE SPECIA~ MEETING OF THE CITY COUNCIL AT 7:07 P.M. VcrtiA- JlL ~~~::K JO~ G. UNSWO TH, MAYOR CI Y OF LAKE ELSINORE ATTEST: 106 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 11,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:43 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, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel and City Clerk Money. PRESENTATIONS Mayor Unsworth introduced Lee Danniher of King Video Cable TV, 16655 Lakeshore Drive, who announced the coming of the new Disney Channel to the Lake Elsinore area. He invited everyone to attend an all day open house at King Video on Saturday, October 15, 1983. CONSENT CALENDAR -- The following items were removed for further consideration and discussion: ~lr. Porter requested Item 1 be removed. Mr. Torn requested Items 3, 4, 6, 11 and 12 be removed. Mr. Mac Murray requested Item 9 be removed. Mr. Unsworth requested Item 14a. be deleted from the Consent Calendar as Commer- cial Project 83-9 does not require a public hearing before City Council. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 2. Resolution Amending P.E.R.S. Contract - Approved. RESOLUTION NO. 83-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. 5. Request of Lake Elsinore Valley Sun Tribune - Soap Box Derby - Approved. ... 7. Riverside County Office On Aging - Contract and Resolution - Approved. RESOLUTION NO. 83-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SIGNIFYING ITS INTENTION TO SUBMIT A REQUEST FOR ON-GOING TITLE IIIB FUNDS FOR FISCAL YEAR 1983-84 UNDER THE OLDER AMERICAN ACT OF 1965 AND AUTHORIZING THE CITY MArIAGER TO COMPLETE ALL DOCUMENTS, TO SUBMIT APPLICATION IN SUPPORT OF REQUEST FOR FUNDS. 207 Page two City Council Minutes October 11, 1983 CONSENT CALENDAR - Continued. 8. Building Division - Monthly Activity Report - September, 1983 - Received and Filed. 10. Resolution Revising Encroachment Permit Fee - Approved RESOLUTION NO. 83-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REVISING THE ENCROACHMENT PERMIT FEE SCHEDULE. J:) ~ l'- I'"":) o o 13. Claim No. 83-24 - RECTOR, Jerry - Rejected and Referred to City Attorney. 14. Set for Public Hearing - November 8, 1983 - Approved b. Tentative Parcel Map 19261 - Division of ten acres into four parcels. 15. Warrant List - September, 1983 - Approved Warrant Nos. 19020 through 19226 in the amount of $267,181.17. ITEMS REMOVED FROM CONSENT CALENDAR 1. Ordinance Amending P.E.R.S. Contract. 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. 682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ORDINANCE NO. 682. AYES: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: COUNCILMEMBERS: NONE 3. Request of Jubilee Committee - Scheduling of City Park and Swick Field. Mr. Torn suggested that a study session be scheduled to discuss this request more thoroughly. -- MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS REQUEST AND SCHEDULE A STUDY SESSION WITH THE JUBILEE COMM- ITTEE FOR FURTHER DISCUSSION. 4. Dedication of A1tha Merrifield Memorial Library. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CON- TINUE THIS ITEM TO THE NEXT COUNCIL MEETING, OCTOBER 25, 1983. 6. Request from Kay B. McMullin to Barricade Streets for Block Party. Mr. Torn stated that the request to barricade Cimarron Road at Dryden for a block party did not require Council approval as this is a County Road. ~OB Page three City Council Minutes October 11, 1983 ITEMS REMOVED FROM CONSENT CALENDAR - Continued 9. Sale of Excess Granular Material - Wasson Canyon and the Outflow Channel. Mr. Mac Murray asked for clarification on the price and quantity of material to be sold. Mr. Rubel stated that up to 20,000 cubic yards will be sold at a price of $1.10 per cubic yard. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO AUTHORIZE THE CITY MANAGER ... TO SELL UP TO 20,000 CUBIC YARDS OF GRANULAR MATERIAL AT $1.10 PER CUBIC YARD, WITH A DISCLAIMER THAT THE CITY DOES NOT WARRANTY THIS MATERIAL IN ANY WAY. AYES: KNIGHT, MAC MURRAY, TORN, UNSWORTH NOES: VALENZUELA . 11. Resolution Restricting Parking on One Side of Certain Streets. Mr. Torn stated that there is already a shortage of off-street parking for the rental units in this area and this proposal would take away half of the available parking. He recommended a community meeting to make the residents of this area aware of the traffic flow problem and possibly they could be helpful in coming up with an alternate solution. Ms. Valenzuela stated that there is a serious safety problem as fire trucks and other emergency vehicles have difficulty getting through the area. She suggested making every other street in the area one-way which might alleviate the problem without taking away any parking. Mr. Unsworth suggested scheduling a study session, notifying the residents of this area and inviting their input. Mr. Knight commented that some of the business people park on these side streets and he feels we must provide some additional parking in the downtown area. .... Hilda Barnhart mentioned that the alleys in this area are in such bad repair. that people cannot use their garages for parking. She suggested the City make necessary improvements to the alleys and this might help eliminate the parking problem. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM AND DIRECT STAFF TO SCHEDULE A STUDY SESSION AND DIRECT CITY ENGINEER TO PREPARE A REPORT ON THE CONDITION OF ALLEYS IN THIS AREA. 12. Ordinance Adopting Revised Riverside County Standard Plans and Specifications. Mr. Torn asked for clarification o~ some areas where the City was in conflict with the County. Mr. Rubel stated that this Ordinance revises the Ordinance which authorizes the City to adopt the revised County standards by Resolution. When the Resolution is presented to Council after the second reading of the Ordinance, it will contain the proposed variations from County standards. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the Ordinance: - ORDINANCE NO. 683 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, OF RIVERSIDE COUNTY, CALIFORNIA, AMENDING CHAPTER 12.04 OF THE LAKE ELSINORE MUNICIPAL CODE GOVERNING STREET CONSTRUCTION STANDARDS AND SPECIFICATIONS FOR CONSTRUCTION IN PUBLIC PLACES. 209 Page four City Council Minutes October 11,1983 ITEMS REMOVED FROM CONSENT CALENDAR - Continued. 12. Ordinance Adopting Revised Riverside County Standard Plans and Specifications - Continued. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 683. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE PUBLIC HEARINGS 31. .L;; t-- t-- '""':) o o - Special Permit 83-1: Michael Maltby - Preschool/Day Care Center - Northwesterly of Intersection of Riverside Drive and Richard Street. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Special Permit 83-1. Mr. Trevino reported that at a regular meeting on October 4, 1983, the Planning Commission reviewed Special Permit 83-1, applicant Michael Maltby, to establish a preshcool/day care center at the northwest intersection of Riverside Drive and Richard Street. The location of this project is outside the 100-year flood area. The Planning Commission recommends approval of Special Permit 83-1, subject to twenty (20) conditions. The City Clerk stated that no correspondence had been received by the City Clerk's office regarding this matter. Mayor Unsworth opened the public hearing at 8:04 p.m. aSking those in favor of Special Permit 83-1 to speak. No one asked to speak. Mayor Unsworth asked those in opposition to Special Permit 83-1 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:05 p.m. Mr. James Maltby, representing his son, Michael Maltby, 12852 Topaz Street, Garden Grove, stated that his son is in the process of purchasing the property. Council discussed street paving requirements and expressed a desire to see the plot plan and elevation drawings in order to determine the ultimate scope of the project. Mr. Torn stated he felt a three year review would be adequate, since this type of operation is controlled by State and County regulations. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE SPECIAL PERMIT 83-1 SUBJECT TO TWENTY (20) CONDITIONS OF THE PLANNING COMMISSION, CHANGING CONDITION NO.1 TO 'A THREE YEAR REVIEW'. 1. 2. 3. Three year review of Special Permit 83-1 by City Staff. Property to have chain link perimeter fencing. Structural desians and elevations must go before the Design Review Board for review. 4. 5. 6. Trim Palm trees (on north side of Richard Street). Project to meet all applicable City, County and State Codes. Install curb and gutter 38 feet from centerline on Riverside Drive and 16 feet from centerline on Richard Street. 7. Construct paving to City and Cal Trans standards, from curb to centerline on Riverside Drive using a Traffic Index of 8.5. A 12 foot width of paving on north side of centerline exists and appears adequate but must be tested. Construct paving on Richard Street from curb to centerline to City standards using a Traffic Index of 6.0. ~o Page five City Council Minutes October 11,1983 PUBLIC HEARINGS - Continued. 31. Special Permit 83-1: Michael Maltby - Preschool/Day Care Center - Northwesterly of Intersection of Riverside Drive and Richard Street - Continued. 8. Construct a 6 foot wide sidewalk on Riverside Drive frontage and a 4.5 foot wide sidewalk on Richard Street. 9. Driveway access shall be from Richard Street only. 10. Provide a street light. 11. Work with the City to participate in a Lighting and Landscaping District. 12. Construct cross gutter at Riverside Drive and Richard Street. 13. Connect to City Sewer and install cleanout at property line. There is evidence that a sewer lateral exists to the site. .... 14. Provide to the City a water tv/ill serve' letter. 15. Provide fire protection as required by the County Fire Department. 16. Provide street signing and striping as necessary on Richard Street as required by the City Engineer for traffic.safety. 17. Obtain Encroachment Permit from Cal trans for improvements on Riverside Drive. 18. Palm trees to remain if they do not seriously interfere with street construction. Applicant shall trim palm trees. 19. Plans and specifications for all off-site improvements shall be prepared byapplieant's civil engineer for approval by the City. 20. Applicant agrees to no parking on Richard Street for traffic safety reasons. ... AYES: KNIGHT, TORN, UNSWORTH NOES: MAC MURRAY, VALENZUELA Mrs. Valenzuela stated that she feels this is a good and necessary project but voted no because she disagrees with Condition No. 7 requiring a developer to make improvements on a State Highway. 32. Conditional Exception Permit 83-6 - Carl's Jr. - Request to vary from Height Requirements of City Sign Ordinance. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Exception Permit 83-6. Mr. Trevino reported that the Planning Commission, due to a tie vote, was unable to reach a majority determination on this proposal, however, staff recommends approval of Conditional Exception Permit 83-6 subject to the following five conditions: 1. Sign shall be placed at location identified on the site plan. 2. Sign shall not exceed a height of 60 feet. .... 3. Issuance of a Categorical Exemption. 4. Sign shall be utilized for identifying both Carl's Jr. and a future tenant. 5. A finding of conformance with the General Plan. 211 Page six City Council Minutes October 11, 1983 PUBLIC HEARINGS - Continued J:) l'- ~ '-:> ~ o 32. Conditional Exception Permit 83-6: Carl IS Jr. - Request to vary from Height Requirements of City Sign Ordinance - Continued. The site of this project is west of Railroad Canyon Road, East of San Jacinto River Road and South of the 1-15 Freeway and North of Casino Drive (Hwy. 71). The Lake Elsinore Municipal Code limits sign height to 20 feet while the applicant is requesting sixty-five (65) feet. Staff feels ex- traordinary circumstances exist in that the property is below the grade of 1-15, thus making it difficult for motorists to view the restaurant until well past the 1-15 off-ramp. Also, there are existing signs within the immediate area of a similar design. If Conditional Exception Permit 83-6 is approved, applicant intends to locate his sign near the northwest portion of the project. Mr. Trevino stated that this project is within the Redevelop- ment area and this report will serve as background for Redevelopment Agency determination later this evening. The City Clerk reported that no correspondence has been received by the City Clerkls office on this project. Mayor Unsworth opened the public hearing at 8:18 p.m. asking those in favor of Conditional Exception Permit 83-6 to speak. Hilda Barnhart, Planning Commissioner, 212 E. Graham, stated that she was not able to attend the Planning Commission meeting at which time Conditional Exception Permit 83-6 was heard. She stated that she was totally in favor of a tall sign in the area where Carl's Jr. is proposing to locate. Lee Olson, 1200 N. Harbor, Anaheim, representing Carl IS Jr., stated they are in favor of the tall sign. Mr. Olson presented photos and other visual aids showing the project area and surrounding commercial developments. He showed exactly where the Carlls Jr. sign would be placed and stressed the fact that the taller sign would not interfere with the view of the lake. Robert Jacobson, 174 N. Chestnut Street, stated he is in favor of this project. It will create employment for your people and is good for the economy of Lake Elsinore. Eugene Carter, 109 N. Lowell Street, stated he is in favor of the project. Mayor Unsworth asked those in opposition to Conditional Exception Permit 83-6 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:28 p.m. Mr. Mac Murray stated that when 1-15 was constructed it diminished exposure for local businesses. He feels we need this kind of commercial 'project to attract traffic off the freeway and is in favor of Conditional Exception Permit 83-6. - Mr. Torn stated that as with the Mobil and McDonald's signs, he is very much opposed to this proliferation of a potential forest of freeway signs. He feels that Councils have made mistakes in the past with regard to existing tall signs. He is in favor of the project but feels there are enough signs to draw people off the freeway without adding to the number of tall signs which detract from the pleasant view we have now when driving in this area. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE CONDITIONAL EXCEPTION PERMIT 83-6 SUBJECT TO FIVE (5) STAFF CONDITIONS AND ALLOWING A SIXTY. (60) FOOT SIGN. AYES: KNIGHT, MAC MURRAY, VALENZUELA, UNSWORTH NOES: TORN ~2 Page seven City Council Minutes October 11, 1983 PUBLIC HEARINGS - Continued 33. Commercial Project 83-8: Carl IS Jr. - Construction of Commercial Structures - South of 1-15, West of Railroad Canyon Road, North of Casino Drive. Mr. Unsworth announced this was the time and place for a public hearing pursuant to the application of Commercial Project 83-8. Mr. Trevino stated that this is the commercial aspect of the Carl's Jr. project and this report will serve for both Council and Redevelopment Agency hearing and determination. This project involves construction of a 4,003 square foot commercial structure for Carlls Jr. fast food restaurant, as well as construction of a 3400 and a 2800 square foot structure housing two tenants. Structures will be a Spanish architectural design. .... The Planning Commission and Design Review Board recommend approval of Commercial Project 83-8 subject to twenty-nine (29) conditions: 1. All items depicted on plot plan and elevations shall be provided as indicated, unless otherwise modified by the Design Review Board's conditions (including the revision discussed in the bOdy of this report). Any proposed changes must be resubmitted to the Design Review Board for approval. 2. Interior design shall incorporate a recreational motif (Carl IS Jr.). 3. All roof mounted equipment, trash area and ground support equipment shall be effectively screened from public view and subject to approval by the Planning Division. 4. All planting areas shall have permanent and automatic sprinkler systems. 5. All utility services shall be located underground. 6. All planting areas shall be separated from paved areas with a six (6) inch high concrete curb. 7. Reciprocal parking agreement for the entire project to be implemented within the CC & Rls. ... 8. Staff recordation of CC & Rls as required by City Council. 9. Casino Drive to have one-half street right-of-way width of 40 feet with one-half pavement width of 32 feet from centerline to curb. This is subject to Council approval of General Plan Amendment downgrading Casino Drive from a major (100'-761) to a modified secondary (801-641). If street is not downgraded, a 50 foot half street right-of-way will be required and a street width of 38 feet from centerline to curb face. Construct street paving from centerline to curb by City standards using a Traffic Index of 7.5. The existing right-of-way in excess of this width (approximately 201) is recommended to be abandoned. 10. On Railroad Canyon Road a 55 foot one-half street width exists in con- formance with the General Plan. Install curb and gutter 43 feet from centerline for Railroad CanyonRoad~ -E~tend curb, gutte~ and 81 sidewalk to 1-15 off ramp. Construct street paving from curb to center of future roadway to City standards using a Traffic Index of 8.5 Construct raised curb median 61 wide along Railroad Canyon Road. The alignment of the median to be approved by the City Engineer, once the traffic lanes have been established. -- 11. On San Jacinto River Road install curb and gutter 16 feet from centerline of existing 80 foot right-of-way. Construct paving from curb to center of future roadway to City standards using a Traffic Index of 6.5. A 16 foot width of excess right-of-way is recommended to be abandoned along San Jacinto River Road. 12. Applicantls engineer to provide title report and prepare legal descrip- tion and exhibits of excess right-of-way proposed to be abandoned. 13. Furnish City Engineer with soils report to include street pavement design. 213 Page ei ght City Council Minutes October 11, 1983 PUBLIC HEARINGS - Continued. 33. Commercial Project 83-8: Construction of Commercial Structures - Carl's Jr. - South of 1-15, West of Railroad Canyon Road, North of Casino Drive - Continued. 14. Construct standard 8 foot sidewalks adjacent to curb on all surrounding streets. Construct driveway approaches to City standards - 30' wide. 15. Applicant to provide street signs and striping as required by the City Engineer. 16. 17. 18. ~ ~ l"- 19. /~ 0 20. 0 2l. 22. 23. Applicant to redesign intersection of San Jacinto River Road and Casino Drive as required by the City Engineer. Obtain encroachment permit from Cal Trans for street improvements into freeway right-of-way. Install ornamental street lights per City Ordinance and standard speci- fications and at locations approved by the City Engineer. Applicant to assist in forming Lighting and Landscaping District. Meet Riverside County Fire Deparment requirements for fire protector and locations of fire hydrants. Provide letter from Elsinore Valley Municipal Water District regarding water service availability. Dedicate subsurface water rights to the City of Lake Elsinore by re- corded documents. Meet the requirements of the City of Lake Elsinore, County of Riverside Health Department and the Regional Water Quality Control Board for sewage disposal. Sign agreement with the City of Lake Elsinore and/or ,E.V.M.W.D. to participate in future Regional Sewage Collection, Treatment and Disposal System. 24. Provide hydrology and hydraulic study. Design and construct drainage ~acilities as required by the City Engineer conforming to City standards. Deposit with City $14,380.00 as an equitable contribution toward con- veying storm water run off to a safe point of disposal. This contribution is in addition to construction of needed drainage facilities included in approved development plans. 25. Pay equitable Traffic Signal Mitigation fee of $15,620.00 for Casino Drive and Railroad Canyon Road. 26. Plans and specifications and all Civil Engineering work for public improvements shall be provided~by developer for approval by the City Engineer. 27. Dedicate a small triangular portion of property at southeast corner of site to the City for public right-of-way. 28. Landscaping height of 36" maximum shall be maintained at the intersection of Casino Drive and San Jacinto River Road. 29. Abandonment of excess public right-of-way to applicant shall be handled during project approval and processing. The abandonment proceeding to be completed prior to issuance of occupancy permit. It is recommended that City Council approve excess right-of-way abandonment, conditioned upon applicant paying above mentioned signalization fee and $14,380.00 Drainage Mitigation fee. The City Clerk reported that no correspondence has been received by the City Clerk's Office regarding this project. 214 Page nine City Council Minutes October 11, 1983 PUBLIC HEARINGS - Continued. 33. Commercial Project 83-8 - Carl's Jr. - Construction of Commercial Structures - South of 1-15, West of Railroad Canyon Road, North of Casino Drive - Continued. Mayor Unsworth opened the public hearing at 8:38 p.m. asking those in favor of Commercial Project 83-8 to speak. Fred Crowe, Butterfield Surveys, representing the developer, displayed eleva- tion drawings of the project and stated that the developers were in agreement with the Planning Commission conditions, however, there may be a need for three tenants instead of two in the second commercial structure which has been proposed. Mr. Trevino stated that parking would be adequate for a third tenant. Mr. Palmer, the developer, stated that construction would begin in approximately two months. Carl's Jr. restaurant is hoping to open on January 24, 1984. ... Mayor Unsworth asked those in opposition to Commercial Project 83-8 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:43 p.m. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE COMMERCIAL PROJECT 83-8 SUBJECT TO TWENTY-NINE (29) CONDITIONS PLUS CONDI- TION NO. 30: BIKE RACKS BE INSTALLED ON SITE. 34. Conditional Use Permit 83-9 - Ultralight Air Park - (Continued from September 27, 1983) Mayor Unsworth announced that this was a continued, advertised public hearing on Conditional Use Permit 83-9 and asked if anyone had come to speak for or against this project. No one asked to speak. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE THIS PUBLIC HEARING ON CONDITIONAL USE PERMIT 83-9 TO OCTOBER 25, 1983. ___ Council recessed at 8:46 p.m. Council reconvened at 8:59 p.m. BUSINESS ITEMS 51. Appeal of Residential Project No. 83-2 - William S. Buck. Mr. Trevino reported that on September 6, 1983+ Planning Commission heard this proposal for an apartment complex on 4.92- acres near the southwest intersection of Lincoln Street and Flannery. At that time Mr. Buck stated that he started purchasing properties in July of 1981. The City was, at that time, going through the process of their General Plan and he was informed that the property would remain R-3 zoning. When the General Plan was adopted in December, 1982, the property remained R-3, however, the General Plan designated this area as median density, allowing 6.1 to 12.0 dwelling units per acre. The current zoning ordinance allows approximately 20 to 29 units per acre, creating an inconsistency of large magnitude. Staff has been advised by the Office of Local Government Affairs in Sacramento that the General Plan does take precedence over the existing zoning ordinance. Staff is currently writing a new ordinance consistent with the General Plan. In the meantime, an interim zoning ordinance was adopted on September 27, 1983 which specifies that the General Plan takes precedence when zoning discrepancies occur. Therefore staff recommends denial of this appeal. Mr. Porter has informed the City Manager that this matter could go to litigation. --- Mr. William S. Buck, applicant, stated that he had been told throughout the process of this development that the old zoning ordinance would be in effect until the new ordinance, in compliance with the General Plan was adopted and that he could develop his property based on the old ordinance. The project consists of 104 units on five acres, including large open space areas and two swimming pools. He feels his project would be of benefit to the city, and intends to rent to low-income persons. He urged Council to reconsider his appeal. 215 Page ten City Council Minutes October 11, 1983 BUSINESS ITEMS - Continued 51. Appeal of Residential Project No. 83-2 - William S. Buck - Continued. Council discussion ensued regarding when plans for this project were sub- mitted and other projects which may have similar zoning or density problems. Mr. Porter stated that in his opinion, Mr. Buck's project clearly does not comply with the General Plan. Mr. Buck is unfortunately a victim of any City's change in their General Plan. Based upon the present state of the record, he can only recommend denial. The City has a legal liability to enforce the General Plan. However, if Council would like to study this project further, he could offer Council some direction and bring back a report at another meeting. Council concurred that this was a good project of benefit to the community and would like to see it continue. ~ ~ ~ J~ o o MOVED BY KNIGHT, SECONDED BY VALENZUELA THAT THIS APPEAL BE CONTINUED TO THE NEXT COUNCIL MEETING TO ALLOW TIME FOR FURTHER STUDY. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED TO AMEND THE ORIGINAL MOTION AND DIRECT CITY MANAGER AND CITY ATTORNEY TO REVIEW THE APPEAL AND REPORT BACK AT THE NEXT COUNCIL MEETING. AMENDED MOTION CARRIED UNANIMOUSLY. 52. Ordinance Implementing Zone Change 83-3 - Annexation No. 31 - Ramsgate II. Mr. Trevino reported that On November 18, 1982, LAFCO approved Annexation No. 27, Ramsgate I. On January 11,1982, the City Council approved a resolution formally annexing the 842 acres into the City. Butterfield Development Corporation, the Ramsgate proponents, have acquired 82 acres of land along Highway 74 which they desire to annex to Lake Elsinore and include in the Ramsgate Community Development. This proposed annexation is Annexation No. 31, Ramsgate II, and is an uninhabited annexation which requires no public hearing after approval by LAFCO and no election will be required. On September 8, 1983, the Local Agency Formation Commission (LAFCO) approved Annexation No. 31 - Ramsgate II - to the City of Lake Elsinore. The final steps remaining before Annexation No. 31 is complete and accepted as part of the City, is adoption of an ordinance implementing Zone Change 83-3 and adoption of resolution declaring the Annexation No. 31 - Ramsgate II Area - as part of the City. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the Ordinance. - ORDINANCE NO. 684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CERTAIN ZONING STANDARD FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE RAMSGATE II ANNEXATION AREA. Eugene Carter, 109 Lowell Street, questioned whether or not this zone change had been advertised and public hearings held prior to this Ordinance. Mr. Carter asked that this ordinance be continued until there is clarification of the implementation. Mr. Carter was assured that all legal requirements have been met. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 684. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 1216 Page eleven City Council Minutes October 11, 1983 BUSINESS ITEMS - Continued 53. Resolution Establishing Angle Parking on Main Street. Mr. Trevino reported that this resolution is proposed for the purpose of: 1. Authorizing the re-striping of Main Street for angle parking, on the west side of Main Street from Sulphur Street to Franklin Street. 2. Approval of brick crosswalk project on Main Street from Limited Street to Franklin Street. Approximately $4,000 will be needed for a concrete base for the brick crosswalk. 3. Approval of placement of approximately 60 planter boxes with trees on the sidewalk at a cost of approximately $6,000 for the planter boxes. 4. Authorize utilization of City crews for installation of brick crosswalks. - Mr. Trevino stated this is in conjunction with the Downtown Revitalization project which the Downtown Business Association has been promoting. Staff recommends approval of the resolution and that City provide initial funding of $10,000 for this project. If approved, staff will prepare a plan whereby the City can be reimbursed for this amount of initial funding. Council discussion followed. Mr. Unsworth commented that Thelma George has requested a handicap parking zone be placed in front of Sandee's Restaurant, and requested staff research feasibility of incorporating this handicap zone in these plans. Lon Chaney and Pete Todd of the Downtown Business Association spoke in favor of the project. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ACCEPT STAFF RECOMMENDATIONS AND APPROVE RESOLUTION NO. 83-66 ESTABLISHING ANGLE PARKING ON MAIN STREET. RESOLUTION NO. 83-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ANGLE PARKING ON THE WEST SIDE OF MAIN STREET TO FRANKLIN STREET. ...... 54. One-Way Traffic Proposal - Lakeshore Drive from Graham to Main Street. Mr. Rubel presented plans and drawings showing signing and striping for a one-way traffic plan on Lakeshore Drive. Total cost to the City would be $2500.00. Council discussion ensued. Mr. Knight voiced concerns regarding this proposal. He feels street width would not allow safe passing, street surface is in bad condition and there is a drainage problem. Mr. Rubel stated that the Street Improvement Project recently approved for Lakeshore Drive will solve these problems and will be completed before this plan is implemented. Mr.Knight's other concerns were that eastbound traffic would be kept com- pletely out of the downtown area. West bound trucks would cause damage to downtown streets. Side streets that dead-end onto Lakeshore Drive should be brought up to standard before Lakeshore becomes one-way. Residents along Lakeshore will be forced to use these side streets. Left turns at Lakeshore onto Main would be hazardous. Mr. Knight recommended we solve the problems involving camping, boat launching and all activities along Lakeshore Drive __ before the one-way traffic plan is approved. Remaining Councilmembers commented favorably on the proposal. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED TO APPROVE THE ONE-WAY TRAFFIC PROPOSAL FOR LAKESHORE DRIVE. AYES: MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: KNIGHT 211 Page twelve City Council Minutes October 11, 1983 BUSINESS ITEMS - Continued. 55. Request for Time Extension - Tentative Tract Map 15679 - Lakeview Development Mr. Trevino reported that Tentative Tract Map 15679 was originally approved at a regular City Council Meeting on October 13, 1983. Project consists of a 46 unit condominium development on Grand Avenue and Morrow Way between r-- Ortega Highway and Marie Drive. On October 3, 1983, the owner of the project requested an extension ot time. Upon inspection of subject project by the City Planner and City Engineer, staff was concerned regarding drainage which could compound existing off-site flooding conditions at Grand Avenue at Morrow Way and at Ortega Highway. Planning staff recommends approval of time extension for Tentative Tract Map 15679 for a period of one Xear, until October 11,1984, subject to the original 18 conditions of approval plus 18 additional conditions as follows: Applicant shall meet all requirements of the County Fire Department, including providing adequate fire flow and hydrants, and providing structures with non-flammable roofing. l. ~ X> f'- '-::l 2. 0 0 3. 4. 5. ;--- 10. - ll. l!--- i'l 12. 13. Applicant shall meet all requirements of the City Engineer. The applicant shall enclose the project with a six foot high block wall of a type selected by the City Council. The applicant shall submit a detailed landscape plan to the Planning Department prior to the scheduling of a review by the Design Review Board. Developer shall maintain maintenance bond as required under Tract 11048-1 (off-site improvements are existing). 6. Applicant shall dedicate water rights for the tract to the City of Lake El s i nore. 7. 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 management of common areas within the project before approval of the final map. 8. The CC & R's shall include a provision prohibiting outside uncovered and unenclosed storage of boats, trailers, R.V.'s, similar vehicles, unless screened from view from public right-of-ways and trucks more than one (1) ton rate of load capacity. 9. CC & R's shall contain the following language, "In the event the associa- tion or other legally responsible person(s) fail to maintain said common area in such manner as to causa same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abate- ment procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law." The homeowner's association shall be established prior to the sale of the last dwelling units. Membership in the homeowner's association shall be mandatory for each buyer and each successive buyer. Letter of water availability from EVMWD. All improvements to be designed by developer's civil engineer to the specifications of the City. 14. Provide adequate drainage facilities. 15. Finding of no significant impact. 16. Issuance of a Negative Decl aration. 17. Finding of compliance with present and future Elements of the General Plan yet to be adopted. 1)'t0 220 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 25, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER , I .J The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:35 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Mac Murray. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE " f Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Interim Finance Director Hitchcock and City Clerk Money. PROCLAMATIONS Mayor Unsworth read the titles of the following proclamations: A. A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, J CALIFORNIA, HONORING MRS. ALTHA MERRIFIELD CAUCH BY DEDICATING THE LAKE ELSINORE LIBRARY -- WITH HER NAME, AS ITS FIRST LIBRARIAN THE IIAL THA MERRIFIELD MEMORIAL LIBRARYII. B. A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROCLAIMING NOVEMBER, 1983, AS IIVETERANS UNITY MONTH -- A SALUTE TO WOMEN VETERANSII. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consider- ation and discussion: Item Nos. 3, 8 and 11. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a. September 27, 1983 - Regular Meeting - Approved b. October 18, 1983 - Special Meeting - Approved 2. Request for Use of City Park - Familia del Nuevo Nacimiento Church - Approved. 4. Economic Feasibility Study - Alfred Gobar Associates - Approved expenditure of $6,000 for feasibility study for relocation of sewer treatment plant site. __ 5. City of Lake Elsinore - Branch Library Lease Agreement - Approved agreement between City of Lake Elsinore and City of Riverside. 6. Animal Control Activity Report - September, 1983 - Received and Filed. 7. Acceptance of Grant Deed for Street Widening - Mill Street - William and Linda Santolucito, Jr. - 1021 Mill Street - Approved. 221 Page two City Council Minutes October 25, 1983 CONSENT CALENDAR - Continued. 9. Deferral of Off-Site Improvements - 407 North Riley Street - A.A. Attridge - Approved. ~ 10. Resolution of Intention to Vacate Excess Street Right-of-Way - Portion of Casino Drive and San Jacinto River Road - Carl's Jr. Restaurant - Approved. RESOLUTION NO. 83-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CASINO DRIVE AND SAN JACINTO RIVER ROAD, FIXING A TIME AND PLACE OF HEARING TO ALL PERSONS INTERESTED OR OBJECTING TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALI FORN IA. ~ t-- t-e r"':) Q o 12. Notice of Completion - Lake Community Center - Herk Edwards, Inc. for Flooring and Backboards, and K & L Enterprises for Heating and Air Condition- ing - Approved. 13. Set for Public Hearing - November 8, 1983 - First Extension of Ordinance No. 681 - Approved. 14.- Set for Public Hearing - November 22, 1983 - Conditional Use Permit 83-12 - Research Development and Testing Facility for Sports Hovercraft - Approved. 15. Correction of Minutes - September 13, 1983 - Change total amount of Warrants Approved for August, 1983 to $228,405.04 - Approved. ITEMS REMOVED FROM CONSENT CALENDAR 3. Request for Use of Lake Community Center, December 1, 1983 - Lake Elsinore Valley Soccer Club. Mr. Trevino reported that staff would recommend approval of this request if someone were appointed to be responsible for the kitchen facility. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO APPOINT SOMEONE TO BE RESPONSIBLE FOR THE KITCHEN FACILITY AT LAKE COMMUNITY CENTER AND TO APPROVE THE REQUEST OF THE LAKE ELSINORE VALLEY SOCCER CLUB. 8. Resolution Approving Closure of Casino Drive for Soap Box Derby - October 29, 1983. Mr. Knight commented that there should be adequate detour signs placed on Railroad Canyon Road pointing to Avenue 6 for people going to the dump site on Saturday. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESO- LUTION AUTHORIZING CLOSURE OF CASINO DRIVE FROM FRANKLIN AVENUE TO SAN JACINTO RIVER ROAD, FROM 6:00 A.M. TO 6:00 P.M. ON SATURDAY, OCTOBER 29,1983. RESOLUTION NO. 83-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING TEMPORARY CLOSURE OF CASINO DRIVE FROM FRANKLIN AVENUE TO SAN JACINTO RIVER ROAD. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO PLACE ADEQUATE DETOUR SIGNS TO DIRECT TRAFFIC TO THE DUMP SITE. ~22 Page three City Council Minutes October 25, 1983 ITEMS REMOVED FROM CONSENT CALENDAR - Continued. 11. Resolution Authorizing One-Way Traffic - Lakeshore Drive. Mr. Knight stated he is opposed to one-way traffic on Lakeshore Drive. During the winter season there is very little usage of the Lakeshore area, therefore, he would like to see this proposal studied before implementation. Mr. Torn stated that the one-way traffic proposal will not solve the problem of the day-use people on Lakeshore Drive. However, he feels it will solve other traffic problems. - MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE THE RESOLUTION DESIGNATING LAKESHORE DRIVE FROM GRAHAM AVENUE TO MAIN STREET AS A ONE-WAY STREET. RESOLUTION NO. 83-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING LAKESHORE DRIVE FROM GRAHAM AVENUE TO MAIN STREET AS A ONE-WAY STREET. AYES: MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: KNIGHT PUBLIC HEARINGS 31. Conditional Use Permit 83-9: Elsinore Ultralight Flight Park - Ed Snyder - South of Railroad Canyon Road and Mission Trail. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-9 and asked staff to identify the property or issues and give staff recommendations. Mr. Trevino reported that Conditional Use Permit 83-9 is an application by Elsinore Ultralight Flight Park - Ed Snyder/Michael Smith - for ultralight flying, sales office and incidental camping - located at 1900 Campbell Street. - The Planning Commission recommends approval of Contitiona1 Use Permit 83-9 subject to 24 conditions to which they have added further recommendations regarding Conditions 18, 19 and 22 as follows: 1. Follow'iall requirements of the County Health Department. 2. All aerial operations shall occur between the hours of 7:00 a.m. and Dusk. 3. Application shall be for a period of three (3) years, subject to annual reviews. 4. Prior to issuance of business license or camping permits, applicant shall submit to the Planning Division a statement containing a descrip- tion of the facilities to be provided for the use of the campers and a statement of the proposed use of the incidental camping area, which shall include: a. Approximate dates of occupancy, or a statement that the facility is intended to be operated year-round. b. Type of use intended, including use of recreation vehicle for camping purposes, if any. c. Number and type of sanitary facilities. d. Maximum number of camping parties to be accommodated at anyone time. e. Evidence of approval from Health and Fire Departments. 5. Applicant to meet all requirements of the Federal Aviation Administra- tion. ..... 229 Page four City Council Minutes October 25, 1983 PUBLIC HEARINGS - Coninued 31. Conditional Use Permit 83-9: Elsinore Ultralight Flight Park - Ed Snyder South of Railroad Canyon Road and Mission Trail - Continued. 6. Applicant to meet all requirements of the State Park Area Manager. 7. Finding of conformance to the General Plan. 8. Finding of no significant impact upon the environment. 9. Issuance of a Negative Declaration. 10. Applicant to provide adequate on-site parking to the public for air shows. ~ ~ ~ ~ ~ o 11. Ultralights to be numbered so as to provide identification (procedure will follow an F.A.A. approved method, as administered by the Aircraft Owners and Pilots Association (A.O.P.A.) 12. Applicant to meet County of Riverside Fire Department requirements. 13. Applicant to provide adequate signs for street terminations and deline- ation for traffic control at the location of the barricades at existing Campbell Street and Railroad Canyon Road South, as required by the City Engineer. 14. Applicant shall provide additional 20 foot length and 10 foot width of pavement at the end of Campbell Street and Railroad Canyon Road South for driveway entrance to proposed site and, also, to minimize deter- ioration of the existing public street paving. Thickness of base and paving to be equal to existing pavement on Campbell Street. Eliminate dirt ramp over curb and the illegal access from Railroad Canyon Road South. 15. Applicant shall provide a hydrology study and make necessary provisions to grade this site to insure storm drain water run-off away from the end of Campbell Street and Railroad Canyon Road South. 16. Pay equitable vehicular traffic safety mitigation (signalization) fee. The fee to be recommended to the City Council is approximately $16,550.00, payable $5,000.00 the first year, $5,500.00 the second year, and $6,050.00 the third year. 17. Assist the City in forming a Lighting and Landscaping District. 18. Dedicate underground water rights to the City of Lake Elsinore. (PLANNING COMMISSION RECOMMENDS THIS CONDITION BE DELETED). 19. Applicant to contribute $36,600.00 to street improvements on Mission Trail, because applicant utilizes a large property with no direct frontage, but the use of streets by applicant will generate traffic and cause congestion on streets. The burden for off-site improvements on Mission Trail should not fall entirely onto the lots fronting on Mission Trail. The recommended contribution to Mission Trail off-site improvements is based on the following rationale: The total cost of a planned 76 foot roadway for 1400 foot frontage from Campbell Street to Ma1aga Street is $144,000. These improvements include paving, curb and gutter, side- walk, street lighting and improved drainage. It is assumed that app- licant should contribute one-fourth, or $36,000.00 of the cost of these future off-site improvements to the centerline of Mission Trail. It is proposed that the $36,000.00 be paid over a three year period at $12,000.00 per year. (PLANNING COMMISSION RECOMMENDS THIS CONDITION BE BROUGHT INTO A FAIR SHARE AMOUNT AND AMORTIZED OVER THE THREE (3) YEAR PERIOD.) 20. Provide to City drainage release and/or easement for storm water run-off discharges from pipes and ditches concentrating onto applicant's property. Indemnify City from liability as approved by City Attorney. '224 Page five City Council Minutes October 25, 1983 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 83-9: Elsinore Ultralight Flight Park - Ed Snyder - South of Railroad Canyon Road and Mission Trail - Continued. 21. Sewage facilities shall comply with City, County Health Department and Regional Water Quality Control Board. 22. Pay Public Safety and Capital Improvement fees: Street Capital Improvement Fee Park Capital Fee: Storm Drain Fee: $44,693.00 $14,897.00 $29,795.00 $89,385.00 -- TOTAL (PLANNING COMMISSION RECOMMENDS THIS CONDITION BE CHANGED AS FOLLOWS: STREET CAPITAL IMPROVEMENT FEE: PARK CAPITAL FEE: STORM DRAIN FEE: PARED DOWN DELETED DELETED 23. Provide water availability letter and evidence of compliance with County Fire Department requirements. 24. Provide street light, if determined by the City Engineer to be necessary. Mr. Trevino stated that staff has met with applicants and at this time they are not in complete accord with the conditions. The City Clerk stated that no correspondence had been received by the City Clerk's office regarding this item. Mayor Unsworth opened the public hearing at 7:43 p.m. asking those in favor of Conditional Use Permit 83-9 to speak. Ed Snyder, 32241 Barnes Lane, the applicant, stated he and his partner have been working with staff and are in agreement with many of the proposed conditions, but some remain unresolved. He stated that ultralight activity has created employment within the community, bringing people to live and work in Lake Elsinore and contributing to the local economy. ... Richard Avalon, Porterville, California, an air show organizer, spoke in favor of Conditional Use Permit 83-9. He stated that this ultralight facility has a very positive reputation in the aviation community. William Meyer, P.O. Box 69, Muri~tta, California, spoke in favor of the project and offered to answer questions of Council. Paul Baccus, 17445 Lakeshore Drive, stated he is in favor of the project but would like to see some protective measures for the bird population who have a habitat in that area. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-9 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:03 p.m. -- MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO REFER THIS PROJECT BACK TO STAFF FOR FURTHER STUDY AND BRING BACK TO COUNCIL NO LATER THAN MEETING OF NOVEMBER 22, 1983. Ms. Valenzuela stated the reason she wanted staff to study this project further is, in her opinion, some of the fees are exhorbitant and are a deterrant to economic growth. Council discussion ensued and Mr. Trevino was directed to have staff review fees, compile more detailed information regarding the basis for these fees. 225 Page six City Council Minutes October 25, 1983 BUSINESS ITEMS 51. Ordinance No. 682 - Amendment to P.E.R.S. Contract - Second Reading MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 682 BY TITLE ONLY. The City Clerk read the title of the Ordinance. ORDINANCE NO. 682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY' AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 682. ~ ~ AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH I~ NOES: NONE o ~ 52. Ordinance No. 683 - Adopting Revised Riverside County Standard Plans and Specifications - Second Reading. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 683 BY TITLE ONLY. The City Clerk read the title of the ordinance. ORDINANCE NO. 683 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 12.04 OF THE LAKE ELSINORE MUNICI- PAL CODE GOVERNING STREET CONSTRUCTION STANDARDS AND SPECIFICA- TIONS FOR CONSTRUCTION IN PUBLIC PLACES. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 683. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 53. Ordinance No. 684 - Implementing Zone Change 83-3 - Prezoning Annexation No. 31 - Second Reading. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ ORDINANCE NO. 684 BY TITLE ONLY. The City Clerk read the title of the ordinance. - ORDINANCE NO. 684 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CERTAIN ZONING STANDARD FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE RAMSGATE II ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 684. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 54. Resolution Declaring and Ordering Annexation No. 31. RESOLUTION ~O. 83-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY KNOWN AS ANNEXATION NO. 31 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE WITHOUT HEARING OR ELECTION AND CITING REASONS AND AUTHORITY THEREFOR. 226 Page seven City Council Minutes October 25, 1983 BUSINESS ITEMS - Continued 54. Resolution Declaring and Ordering Annexation No. 31 - Continued. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-69 DECLARING AND ORDERING ANNEXATION NO. 31. 55. Report on Urgency Interim Zoning Ordinance Mr. Trevino stated that on September 27, 1983, Council adopted an urgency interim zoning ordinance pursuant to Government Code Section 65858A to be effective until staff has completed preparation of the new zoning ordinance which complies with the General Plan. Council is required by law to issue a written report outlining the measures taken to alleviate the conditions which led to the adoption of the urgency ordinance. Therefore, staff re- quests Council concur with this report and use it as a basis for meeting the requirements of the law. ... MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REPORT ON URGENCY INTERIM ZONING ORDINANCE. 56. Lease of Concession Building - City Park - Pedro Vasquez. Mr. Trevino reported that the City has agreed to construct a small building at City Park for Mr. Vasquez to use as a concession stand. Mr. Vasquez in turn has agreed to pay the City $5,000 and desires a long-term lease. He will pay the City 5 percent of the gross profit. In addition, Mr. Vasquez will take care of all maintenance of the park, including the restrooms. The agreement stated that if all terms are not met, agreement may be can- celled with six months notice. Staff recommends Council approve this lease agreement. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE LEASE AGREEMENT WITH PEDRO VASZUEZ FOR CONCESSION AT CITY PARK. ... 57. Request for Deferral of Public Improvements and Water Line Extension - 1340 Roger Street - Fausto Grano. Mr. Rubel reported that this request came from Fausto Grano for a proposed single-family residence at 1340 Roger Street. The nearest existing public improvements are at Mill Street and Avenue 6. A six inch water main exists in Mill Street and there is an existing hydrant on Mill Street within 500 feet of the proposed dwelling as required by the Fire Department. A l~ inch plastic pipe extended from Mill Street will provide adequate domestic water. Staff recommends approval of the request subject to the following conditions: 1. Defer water line extension with a recorded lien agreement providing: a. the water meter be located at Mill Street and Avenue 7, b. the 1% inch plastic service line from the meter be located in the street right-of-way, c. the property owner accept responsibility own, repair, maintain, relocate or replace service line upon demand by the City, d. the property owner pay cost of relocating the meter at the time the water main is extended. If these conditions are not complied with, water service can be terminated. ... 2. Defer street improvements with a recorded lien agreement. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIUNS FUR DEFERRAL uF PU~LIC IMPRUVCM~NTS AT 1340 ROGER STREET. 227 Page eight City Council Minutes October 25, 1983 BUSINESS ITEMS - Continued. ~ ~ ~ ~ ~ o 58. Approval of Reduced Street Widths - Higgens Development. Mr. Rubel reported that a letter has been received from Fred Crowe, Butter- field Surveys, representing property owners Michael Merlino and Jack Higgens, who are proposing to develop an area northwesterly of Turnbull Avenue be- tween Bunker Street and Gunnerson Street. The developers are requesting that Turnbull Avenue and some adjacent proposed streets be approved for construction at a reduced width of 40 feet. The present standard requires 50-foot minimum right-of-way width and a 32-foot curb-to-curb width. Since most of the streets in the Country Club Heights area are 40 feet wide, staff re~ommends approval of this request. Mr. Unsworth stated it was his understa"ding that the General Plan had desig- nated all the streets in the Country Club Heights area as 40-foot widths. Mr. Rubel stated he researched and could find no evidence that the General Plan had reduced these street widths. He plans to propose this at the next General Plan amendment hearing. It was determined that the General Plan addressed the width of streets of record, either existing or on paper. However, the streets in question were non-existent at that time. Council needs to make additional findings as necessary regarding newly proposed streets. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE REQUEST FOR 40 FOOT STREET WIDTHS FOR TURNBULL AVENUE FROM BUNKER STREET TO GUNNERSON STREET AND OTHER PROPOSED ACCESS STREETS AND, THIS APPROVAL DOES NOT CONSTITUTE A CERTIFICATE OF COMPLIANCE. 59. Swick Park Lighting and Fencing Contract Liquidated Damages. Mr. Rubel reported that on September 12, 1983, Council accepted the Swick Park lighting and landscaping project and authorized recordation of a Notice of Completion. On November 8, 1983, which is thirty-five days after recordation of the Notice of Completion, the remaining funds must be released to Allied Sprinkler Company. In view of the fact there were numerous problems with this contractor and the project did not progress satisfactorily, staff recommends Council authorize withholding $2,000 ($800 for liquidated damages and $1200 for work performed by the City) from the 10 percent retention figure of $11,432.85, and authorize re- lease of remaining funds to the contractor of $9,432.85. Don Eickhoff, President of Allied Sprinkler Company, addressed Council and stated that many delays and problems were encountered on this project. He~fee1s the company did all in their power to speed up the project but many of the problems were beyond the contractor1s control. Mr. Trevino commented that staff ~as met with representatives of Allied Sprinkler Company and they had agreed to the liquidated damages and to all the figures stated herein. Mr. Porter stated that this matter seemed destined for litigation. He also suggested that if these figures are not acceptable, staff will need to review and determine what the actual claim is and what the new figures will be and bring back a report to Council. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO REFER THIS ITEM TO STAFF FOR FURTHER STUDY. 60. Appeal of William S. Buck - Residential Project No. 83-2. Mr. Trevino reported that on October 11, 1983, Council heard the appeal of Residential Project No. 83-2 by William S. Buck. Council directed the matter be held over for two weeks allowing staff to meet with the appli- cant and attempt to resolve the problems. Staff met with the City Attorney and then with Mr. Buck and the final outcome was that Mr. Buck would apply for a General Plan amendment. Mr. Buck has agreed and has started proceedings towards filing the General Plan amendment on his property. Therefore, staff recommends denial of the appeal to allow this matter to proceed in a proper manner. Mr. Trevino confirmed that he is committed to assisting Mr. Buck in getting his project on the agenda for 228 Page nine City Council Minutes October 25, 1983 BUSINESS ITEMS - Continued. 60. Appeal of William S. Buck - Residential Project No. 83-2 - Continued. the November General Plan amendment hearings. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO DENY APPEAL OF WILLIAM S. BUCK, RESIDEN- TIAL PROEJCT NO. 83-2. COUNCIL RECESSED AT 9:01 P.M. COUNCIL RECONVENED AT 9:10 P.M. - PUBLIC COMMENTS Paul Baccus, 17445 Lakeshore Drive, commented on the good job the City has been doing in cleaning up Lakeshore Drive. New guardrails are in place, however, the old guardrail was left behind and needs to be cleared away. Dick Knapp, 29690 Dwan Drive commented that four weeks ago he spoke to Council regarding the need for street signs in the Country Club Heights area. Posts and signs have now been put in place and he thanked Pat Rodgers and City crews for the good work. Bob Jacobson, 174 North Chestnut, commented on the poor condition of Lakeshore Drive just westerly of Riverside Drive. Since this is a County road, it was suggested that Mr. Jacobson write a letter to the County. Pat Rodgers agreed to work with the County and try to solve the problem. Lee Allen, 217 Avenue 9, asked about the equipment in the river near the bridge. Pat Rodgers stated crews are stripping the island of debris so that it will not damage the bridge and cause it to wash out during the rainy season. John Mo1vin, 411 Davis Street, thanked Council and staff for completing the improvements on Davis Street and for cutting down weeds along Chaney Street. Kevin Jeffries, 17682 Grand Avenue, requested a meeting be scheduled with the City Manager, City Attorney and City P1anner,to discuss Tentative Tract Map 19561, before November 15. Mr. Trevino will follow-up. - OFF-AGENDA ITEM Mr. Unsworth announced that the International Soroptomists of Lake Elsinore are requesting the use of the Community Center to present a fashion show for the benefit of Randy William's prosthesis. They request a waiver of fees except for clean-up fees. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST AND WAIVE THE FEES. REPORTS AND RECOMMENDATIONS Mr. Torn asked when the traffic signal at Railroad Canyon and Mission Trail will be activated. Pat Rodgers stated approximately two weeks. Mr. Torn requested staff set a study session during the month of November, if possible, for a quarterly budget review. - Mr. Torn commented that the vacant lot at the intersection of Lincoln and Riverside Drive is being used as a used car lot. Many vehicles park there with 'For Sale' signs on them. This is not an appropriate use of the property and he would like a weekend person to follow-up. Mr. Mac Murray commented on a section of Lakeshore Drive between Graham and Iowa Street. He would like to suggest the speed limit be reduced from 45 mph to 35 mph and a double yellow line be added. He requested staff follow-up and bring back a report to Council. 22~ Page ten City Council Minutes October 25, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Knight made the following recommendations for staff follow-up: 1) Requested some decomposed granite be used on Heald Street where it crosses the ditch. 2) Insure there is adequate drain capacity at the new carwash on Riverside Drive near Four Corners. The area already has existing drainage problems. 3) Left-turn lanes on Machado Street at the park and onto Joy Street. The last time this was discussed, the estimate given was approximately $500. This would be a good project to coordinate with the re-striping of Lakeshore Drive. Mr. Knight complimented staff on filling-in of the railroad tracks on Graham Street. 00 ~ ~ '-:> Cl o Mr. Knight announced there would be a 'Sock Hop' at the Community Center on Saturday, October 29, featuring 50's music. This is another youth activity being sponsored by the City through our Community Service Program. Mr. Unsworth commented on the new carwash on Riverside Drive stating dirt has been piled onto adjacent property and needs to be cleaned up. Mr. Unsworth gave an update on the Neighborhood Watch Program. Classes started last Thursday. Starting in November they will be meeting on Mondays and Thursdays at City Hall, and hope to have cars on the streets by December 1. EXECUTIVE SESSION Council convened to Executive Session at 9:39 p.m. to discuss legal matters. Council reconvened at 10:06 p.m. with no action taken. ADJOURNMENT MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:07 P.M. ~. te~ ~ J N G. UNSWORTH, MAYOR C TY OF LAKE ELSINORE ATTEST: ~o MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 8, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth ... at 7:35 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Unsworth. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel and City Clerk Money. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consider- ation and discussion: Items 2, 14 and 15. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. ... 1. Minutes: a. October 11, 1983 - Regular Meeting - Approved. b. October 25, 1983 - Regular Meeting - Approved. 3. Animal Control Activity Report - October, 1983 - Received and Filed. 4. Building Division Monthly Activity Report - October, 1983 - Received and Filed. 5. Resolution recognizing IIWinter Storm Preparedness Week" - Approved. RESOLUTION NO. 83-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOGNIZING THE WEEK OF NOVEMBER 13 - 19, 1983 AS IIWINTER STORM PREPAREDNESS WEEKII AND, SUPPORTING THE EFFORTS OF GOVERNOR DEUKMEJIAN AND THE STATE OFFICE OF EMERGENCY SERVICES IN CALLING ATTENTION TO THE NEED FOR EMERGENCY PREPAREDNESS. 6. Resolution increasing encroachment permit fees for Public Utilities - Approved. RESOLUTION NO. 83-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING FEES FOR REGULATING AND CONSTRUCTION OF CERTAIN PUBLIC UTILITIES IN AND UNDER PUBLIC RIGHT-OF-WAY. ... 7. Request of Chamber of Commerce to conduct Annual Christmas Parade - Approved. 8. Request of Elsinore Business and Professional Women's Club to operate food booth at Gediman Park during Christmas Parade - Approved. 231 Page two City Council Minutes November 8, 1983 CONSENT CALENDAR 9. Request of Lake Elsinore Valley Volunteers for use of Community Center and waiver of fees, Saturday, November 19, 1983 - Approved. oX) ~ t-- I'"":) ~ o 10. Request of Lake Elsinore Elks to sponsor Walk-A-Thon for handicapped children on November 12, 1983 - Approved. 11. Request of Lake Elsinore Marine Search and Rescue Team for donation of battery operated flashing yellow barricade lights - Approved. 12. Request of Conmunity Development CorporaUon (CDC) for endorsement of proposed railroad right-of-way purchase project - Approved. 13. Request of Frank DePasquale that City pay taxes on property at Heald and Main - which is being used as a public parking lot - Referred to City Attorney. 16. Set for Public Hearing - December 13, 1983 - Approved. a. General Plan Amendment 83-1 b. General Plan Amendment 83-2 c. General Plan Amendment 83-3 d. General Plan Amendment 83-4 e. General Plan Amendment 83-5 ITEMS REMOVED FROM CONSENT CALENDAR 2. Warrant List - Mayor Unsworth asked for clarification on(a) Warrant Nos. 19236, 19237, 19238, 19239 and 19240 - RDA Meetings Attended in September, (b) Warrant Nos. 19263 and 19338 - Layton Electronics. Finance Director to follow-up. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE WARRANT LIST - SEPTEMBER, 1983 - WARRANT NOS. 19227 THROUGH 19414 IN THE AMOUNT OF $339,143.57. 14. Agreement between City and Downtown Business Association - Mr. Porter stated that for consistency, the word 'tax' in Paragraph lb should be changed to 'fee', the word 'taxes' in Paragraph lc should be changed to 'fees', and, the word 'taxes' in Paragraph 5 should be changed to 'fees'. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE AGREEMENT BETWEEN THE CITY AND THE DOWNTOWN BUSINESS ASSOCIATION AS CORRECTED. 15. Agreement to provide Election Services - Sequoia Pacific Systems Corporation - Mr. Torn asked for the recommendation on this item. City Clerk explained that the recommendation was for approval and authorization by Council to employ the services of Sequoia Pacific Systems to provide election services to the City of Lake Elsinore General Municipal Election in April, 1984. ,..-. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE PROPOSAL OF SEQUOIA PACIFIC SYSTEMS CORPORATION TO PROVIDE ELECTION SERVICES FOR THE GENERAL MUNICIPAL ELECTION IN APRIL, 1984. PUBLIC HEARINGS 31. Zone Change 82-9: Buron A. Murray - Prezoning for Annexation No. 30 - South of and Adjacent to the Southern City Limits. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Zone Change 82-9 and asked staff to identify the project and give recommendations. Mr. Trevino reported that the applicant, Buron A. Murray, requested the City of Lake Elsinore annex 12.32 acres located within and contiguous to the corporate limits. The area is termed the "Rome Hill Specific Plan". The ~2 Page three City Council Minutes November 8, 1983 PUBLIC HEARINGS - Continued. 31. Zone Change 82-9: Buron A. Murray - Prezoning for Annexation No. 30 - South of and Adjacent to the Southern City Limits - Continued. City Council approved the annexation request in December, 1982, with the proviso that the subject property obtain a pre-annexation zone change to Alternative A, Conditional (SP) Specific Plan Zone, which is a requirement of the Local Agency Formation Commission (LAFCO). The location of the pro- posed zone change is west of Stoneman Street and south of Como Street. The ... existing Riverside County zoning is R-R (Rural Residential). The proposed zoning is SP (Specific Plan). The Planning Commission recommends approval of Zone Change 82-9 subject to the following conditions, and approval of first reading of ordinance imple- menting said zone change: 1. Pre-annexation Zone Change to Alternative A, Conditional (SP) Specific Plan Zone. 2. A finding of conformance to the General Plan. 3. No significant impact upon the environment. 4. Issuance of a Negative Declaration. The City Clerk stated that no correspondence had been received by the City Clerk's office regarding this matter. Mayor Unsworth opened the public hearing at 7:44 p.m. asking those in favor of Zone Change 82-9 to speak. Fred Crowe, Butterfield Surveys, 620 W. Graham Street, representing Mr. Murray, stated that Mr. Murray owns contiguous property which is now located in the County and the City. He desires to annex the County property into the City in order to simplify development of the property at a later time. Buron Murray, 18975 Palomar Street, owner of the property, urged Council to approve the pre-annexation zone change. -- Mayor Unsworth asked those in opposition to Zone Change 82-9 to speak. Bob Crewe,32658 Rome Hill Road, owner of the property adjacent to Mr. Murray's, stated he is in opposition to the Zone Change, due to the future development of the property. Development would increase traffic on Rome Hill Road which is a dedicated unmaintained dirt road and the property owners do not want increased traffic. R.E. Miller, Rome Hill Road, owner of property adjacent to the proposed annex- ation, stated his opposition to any use of Rome Hill Road to tie in with the project. If the annexation is approved he requested that the boundary line be walled in and separated from existing property. Ken Staller, Stoneman Street property owner, expressed his opposition to the zone change and potential development. Would like property to remain Rural Residential. Mayor Unsworth closed the public hearing at 7:49 p.m. Council questions and discussion followed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ... ZONE CHANGE 82-9 SUBJECT TO FOUR PLANNING COMMISSION CONDITIONS. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CERTAIN ZONING STANDARD FOR USE ONLY WlTHIN THE AREA DESIGNATED AS THE ROME HILL ANNEXATION AREA. 233 Page four City Council Minutes November 8, 1983 PUBLIC HEARINGS - Continued. 31. Zone Change 82-9: Buron A. Murray - Prezoning for Annexation No. 30 - South of and Adjacent to the Southern City Limits - Continued. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE ORDINANCE NO. 685. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE XJ 1:'-0 r-. I"":) o o 32. Extension of Interim Urgency Ordinance. Mayor Unsworth announced this was the time and place for a public hearing pursuant to extension of an Interim Urgency Ordinance. Mr. Porter gave background on the need for new zoning ordinance to comply with the General Plan. Several weeks ago Council adopted an interum urgency ord- inance which said that zoning is controlled by the General Plan. According to law, this urgency ordinance can only be in effect for 45 days and if the need continues, Council can, after a noticed public hearing, adopt the same ordinance for a period of ten months and fifteen days. Staff recommends adoption of a new interim zoning ordinance. The City Clerk reported no correspondence had been received by the City Clerk's Office regarding this project. Mayor Unsworth opened the public hearing at 8:02 p.m. aSking those in favor of extension of interim zoning ordinance to speak. No one asked to speak. Mayor Unsworth asked those in opposition to extension of interim zoning ordinance to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:03 p.m. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. ORDINANCE NO. 687 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA PROHIBITING ANY LAND USES WHICH MAY CONFLICT WITH A CONTEMPLATED CITY-WIDE ZONE CHANGE TO ESTABLISH CONSISTENCY BETWEEN ZONING AND GENERAL PLAN DESIGNATIONS AND RE- PEALING ORDINANCE NO. 681. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE ORDINANCE NO. 687. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 33. Tentative Parcel Map 19261: Centennial Properties, Inc. - Approximately 1200 Feet Southeast of Railroad Canyon Road - North Side of Mission Trail. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Tentative Parcel Map 19261 and asked staff to identify the project and give recommendations. Mr. Trevino reported that this is a proposal for a four (4) parcel subdivi- sion of 9.95~ acres, located approximately 1200 feet southeast of Railroad Canyon Road, to create a small retail lot adjacent to existing shopping center. Planning Commission recommends approval of Tentative Parcel Map 19261 subject to the following twenty-three (23) conditions: 1. All formally establish~d landscaping to remain. 2. Applicant to sign reciprocal parking agreement for the entire site. 3. Comply with all requirements of the Subdivision Map Act and City Codes. 284 Page five City Council Minutes November 8, 1983 PUBLIC HEARINGS - Continued. 33. Tentative Parcel Map 19261: Centennial Properties, Inc. - Approximately 1200 feet Southeast of Railroad Canyon Road - North Side of Mission Trail - Continued. 4. Meet all requirements of Ordinance No. 572. 5. A finding of conformance to the General Plan. 6. A finding of no significant impact upon the environment. 7. Issuance of a Negative Declaration. .... 8. Casino Drive is proposed in the General Plan to be 100 feet right-of-way with 76 foot roadway. Staff will recommend in a General Plan Amendment that this street be downgraded to 80 feet right-of-way with 64 feet of roadway, curb to curb. Therefore, no dedication will be required if the proposed General Plan Amendment is approved. No additional dedication is required on Mission Trail. The General Plan presently requires 50 foot one-half street dedication for right-of-way on Casino Drive with the curb line 38 feet from centerline. 9. Install curb and gutter across the Casino Drive frontage of this property at time of Building Permit issuance. The curb shall be 32 feet from centerline, if the General Plan Amendment is approved. 10. Install an 8 foot wide commercial sidewalk across the Casino Drive frontage of this property at time of Building Permit issuance. 11. Construct paving on Casino Drive from curb1ine to centerline to City standards using a Traffic Index of 7.5. Submit tests to show that existing paving conforms to City standards. The paving to be deferred until Building Permit issuance. .12. Repair the center 14 foot width of existing paving, which is deteriorating, as required by the City Engineer. Completely reconstruct this 14 foot width if tests indicate this is needed in the opinion of the City Engineer. Sand seal the remainder of the existing paving from curb1ine to street centerline. This requirement to be imposed as condition of Building Permit issuance. .... 13. Before Building Permit issuance, submit soil and geology report which includes street design. 14. Provide a plan to be approved by the City Engineer for receiving, chan- neling and discharging into Mission Trail the storm water run-off discharged onto applicant's property from pipes under Casino Drive. 15. Applicant must sign an acceptance letter to the satisfaction of the City Attorney to eliminate any City liability, for storm water run-off discharged onto applicant's property from existing pipes under Casino Drive. Provide an equitable share ($15,000.00) of cost to provide off- site facilities to collect and carry storm water run-off to an adequate point of disposal. Applicant to clean drain pipe under Mission Trail. This condition to be enforced at time of Building Permit issuance. 16. Provide street lighting on Mission Trail and Casino Drive, at time of Building Permit issuance, conforming to standards approved by the City Counc 17. Plans and specifications for off-site public improvements must be prepared ... at time of issuance of Building Permits per Ordinance No. 572. 18. Agree to participate in a Lighting and Landscaping District. 19. Agree to participate in the cost of Regional Collection and Treatment of Sewage. Comply with'the City of Lake Elsinore, County of Riverside Health Department and Regional Water Quality Control Board requirements on sewage disposal, at time of Building Permit issuance. 2:1b Page six City Council Minutes November 8, 1983 PUBLIC HEARINGS - Continued. 33. Tentative Parcel Map 19261: Centennial Properties, Inc. - Approximately 1200 feet Southeast of Railroad Canyon Road - North Side of Mission Trail - Continued. 20. Provide letter from E.V.M.W.D. for water service availability and comply with the County Fire Department regarding fire protection requirements. Dedicate underground water rights to the City. 21. Pay at time of Building Permit issuance, a traffic signalization fee of $30,000.00 to mitigate traffic safety hazards. 22. Pay Public Safety and Capital Improvement fees at time of Building Permit issuance. 00 r-- l'- I~ o Q Street Capital Improvement Fee: Park Capital Fee: Storm Drain Fee: $13,003.00 $ 4,334.00 $ 8,668.00 TOTAL $26,005.00 23. Provide trees in sidewalk along Mission Trail and Casino Drive at Building Permit issuance, if required by the City Council. The City Clerk reported no correspondence had been received by the City Clerk's Office regarding this project. Mayor Unsworth opened the public hearing at 8:07 p.m. asking those in favor of Tentative Parcel Map 19261 to speak. No one asked to speak. Mayor Unswroth asked those in opposition to Tentative Parcel Map 19261 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:08 p.m. Mr. Knight asked for clarification of this request. Council discussion ensued regarding parking area and vehicular access between parcels. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE PARCEL MAP 19261 SUBJECT TO THE EXISTING TWENTY-THREE (23) CONDITIONS PLUS CONDITION NO. 24: NO VEHICULAR ACCESS FROM PARCEL 2 TO PARCEL 3, AT CITY ENGINEER'S DISCRETION, AND CONDITION NO. 25: ALL MECHANICAL APPURTENANCES BE SCREENED AS OTHER COMMERCIAL PROJECTS. BUSINESS ITEMS 51. Commercial Project 83-9: R & B Investors - Proposal to Construct 4250 Square Foot Commercial Office Structure - Near Riverside Drive and Joy Avenue. Mr. Trevino reported this is a request by R & B Investors to construct a commercial office structure on the west side of Riverside Drive, 300 feet north of Joy Avenue. The Planning Commission and Design Review Board re- commend approval of Commercial Project 83-9 subject to twenty~seven (27) conditions. - Mr. Torn questioned Condition No.7 - Public Safety and Capital Improvement Fees. He recommended omitting dollar amounts at this time. He voiced another concern regarding traffic signalization fees. Other commercial projects in this same area have been approved recently and have had these signalization fees attached. Mr. Rubel explained that this project is in an assessment area and is not a discretionary item. Mr. Torn stated and Mr. Porter con- curred, that the only thing Council has authority to approve in a CP zone is a plot plan. No plot plan was included at this time. Mr. Trevino requested an Executive Session to discuss this item further. Mayor Unsworth stated this project would be brought back in Executive Session after the other business items were heard. , 'I -.J f: ~ ,}l ,} Page seven City Council Minutes November 8, 1983 BUSINESS ITEMS - Continued 52. Ordinance No. 682 - P.E.R.S. Contract - Final Reading MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the ordinance. ORDINANCE NO. 682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 682. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE - 53. Mosquito Abatement Ordinance Mr. Porter gave background on the mosquito abatement program and stated that the ordinance is proposed in order for City personnel to enter onto private property to accomplish this work. Also, in certain instances, the City can require the property owner to take care of the nuisance himself. If he fails to do so, after proper notice and right of appeal, then the City can perform the work and cause the work to become a lien on the real property, if not paid. Work performed under $25.00 will be charged to the City General Fund. Staff recommends adoption of the mosquito abatement ordinance. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. - The City Clerk read the title of the ordinance. ORDINANCE NO. 686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR MOSQUITO PROCEDURES AND ASSESSMENTS. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 686. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 54. Left-Turn Lanes on Machado Street Mr. Rubel reported on a proposal for left-turn lanes on Machado Street at Huntsman Mobile Home Park and Machado Pines Mobile Home Park and also at Joy Street. Council has expressed interest and concern regarding this project in the past. Staff feels these left-turn lanes are necessary in the interest of traffic safety. Council discussion ensued regarding the necessity of this project. Mr. Torn stated a large amount of monies resulting from the upcoming bond issue have been earmarked for street improvements. He recommends this project be placed on the street improvement priority list and if justified, this area be restriped and repaved as part of that program. Mr. Knight stated that with the development in the area, traffic on Machado Street is increasing and these turn lanes will greatly improve traffic safety. Council concurred to place this project on street improvement priority list for future review. - 231 Page eight City Council Minutes November 8, 1983 BUSINESS ITEMS - Continued 55. Appropriation of Funds for Improvement of Storm Drain Channel. Mr. Trevino reported that since this report was written he has met with the homeowners and they are attempting to work out some solution. He recommended pulling this item off agenda to allow time to work with homeowners. Council concurred to remove item from the agenda and refer to Mr. Trevino and Staff to allow time to meet with homeowners and discuss other alternatives and bring report back to Council. Street Improvement Requirements for ARA Transportation between Collier Avenue and Minthorn Street. 56. 00 ~ ~ ~ o o Mr. Rubel reported that the developer of the ARA Transportation site feels he should not be responsible for off-site improvements on Collier Avenue because of the 60 foot wide railroad right-of-way which exists between his property and the existing Collier Avenue traveled way. It is anticipated that the railroad right-of-way will be acquired by the City and/or the owner of ARA Transportation. When the right-of~ay is acquired, Collier Avenue can be widened and it is proposed that this developer be required to record a lien agreement to defer the Collier Avenue widening. St~ff recom- mends as follows: 1. Determine that, in compliance with Ordinance No. 572, developer of ARA Transportation site must provide off-site improvements on the Collier Avenue frontage. 2. Authorize deferment of the improvements on Collier Avenue by recorded agreement. Council discussion ensued regarding right-of-way, parking facilities and property access. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS. 57. Approval of Water Line Extension from Existing Well. Mr. Rubel reported that Council directed staff to prepare plans and specifi- cations and solicit bids for a waterline extension in Country Club Drive and Mill Street. Also included in this contract will be a waterline extension in Eleanor Street from Lakeshore Drive extending 160 feet toward the lake. It is also recommended that the water main extension for connecting the well to existing water distribution system be included with this contract. Staff recommends appropriating $15,000 for the 900 foot, 12-inch diameter water line extension from the well to connect to existing distribution system. Council discussion followed. Mrs. Valenzuela asked for clarification of location of proposed waterline extensions and scope of the project. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO APPROVE STAFF RECOMMENDA- TIONS TO APPROPRIATE $15,000 AND GO TO BID. AYES: KNIGHT, TORN, UNSWORTH NOES: MAC MURRAY, VALENZUELA 58. Payment of Consultant for Lighting and Landscaping District. Mr. Rubel reported that Kenneth Mullen, Consulting Engineers, Inc. was retained by the City in April, 1983, for engineering consultation for the proposed Lighting and Landscaping District. The resulting fee was higher than antici- pated because the total number of parcels involved was more than originally estimated. Staff recommends payment to Kenneth Mullen, Consulting Engineers, Inc. of $23,299.50. Council discussion ensued regarding services performed under this contract. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE PAYMENT OF $23,299.50 TO KENNETH MULLEN, CONSULTING ENGINEERS, INC. ~R Page nine City Council Minutes November 8, 1983 BUSINESS ITEMS - Continued Council recessed at 9:16 p.m. Council reconvened at 9:30 p.m. 59. Resolution Increasing Encroachment Permit Fees. Mr. Rubel gave background on the necessity for a new resolution increasing encroachment permit fees. He plans to collect data from other cities and propose an additional adjustment which will be in conformance with other jurisdictions. Staff recommends approval of this resolution. Mr. Knight suggested this be postponed until data is compiled from other cities so that all information can be reviewed at one time and this will not have to be brought back for further action. -- MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM TO NEXT COUNCIL MEETING. 60. Request to Encroach into Street Right-Of-Way with Retaining Wall. Mr. Rubel reported that Kimball Thompson is requesting permission to encroach into street right-of-way to construct a retaining wall at 1309 W. Heald Street. He feels this request is not justified and if approved would set a prece- dent which would not be of benefit to the area. All other property owners along Heald Street have placed walls and fences adjacent to the existing 80-foot wide right-of-way. Staff recommends denial of request. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DENY THE REQUEST TO ENCROACH INTO STREET RIGHT-OF-WAY WITH RETAINING WALL. 61. Telephone Company Request to Close Railroad Canyon Road. Mr. Rubel reported that General Telephone Company has requested temporary closure of Railroad Canyon Road from Interstate 15 to the easterly City limits from November 9 through December 9,1983, in order to install under- ground telephone ducts. Staff feels this would be in the public interest and recommends approval of resolution authorizing this closure. - Council felt this project needs to be done now, prior to repaving of Railroad Canyon Road as the Telephone Company would have to tear up the road to com- plete this work. The road will be available and open for use on weekends and after 4:00 p.m., and to school buses and emergency vehicles. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-73 AUTHORIZING TEMPORARY CLOSURE OF RAILROAD CANYON ROAD. RESOLUTION NO. 83-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING TEMPORARY CLOSURE OF RAILROAD CANYON ROAD FROM INTERSTATE 15 TO THE EASTERLY CITY LIMITS. 62. Swick Park Lighting and Fencing Contract Report. Mr. Porter gave background on this contract with Allied Sprinkler Company. The City proposed to withhold $800.00 for liquidated damages and $1200 for work performed by the City from the ten percent retention of $11,432.85, pursuant to the Swick Park Lighting and Fencing contract. The contractor alleged the City caused him approximately $800.00 in damage by bending some large anchor bolts which had to be replaced. In discussion with the con- tractor, a tentative agreement was reached whereby the City would add an allowance of $400.00 to funds to be paid contractor for damage to the anchor bolts. It is recommended that Council authorize release of $9,832.85 from ten percent retention as full and final settlement of contract and claim, upon receipt of warranties and guaranties from contractor. -- ~~~ Page ten City Council Minutes November 8, 1983 BUSINESS ITEMS - Continued. 62. Swick Park Lighting and Fencing Contract Report - Continued. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AUTHORIZE PAYMENT OF $9,823.85 AS FULL AND FINAL SETTLEMENT OF SWICK PARK LIGHTING AND FENCING CONTRACT AND CLAIM, UPON RECEIPT OF WARRANTIES AND GUARANTIES FROM CONTRACTOR. EXECUTIVE SESSION Council adjourned to Executive Session at 9:46 p.m. to discuss Item 51 - Commercial Project 83-9. Council reconvened at 10:25 p.m. with the following action being taken. ~ ~ ~ ~ Q Q MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO CONTINUE COMMER- CIAL PROJECT 83-9 TO NEXT COUNCIL MEETING FOR PLOT PLAN REVIEW. PUBLIC COMMENTS Marianna Mohylyn, 305 W. Sumner, commented on her opposition to the mosquito abatement ordinance. Eugene Carter, 109 Lowell Street, commented on a water rate increase effective in June, 1983. Mr. Porter will follow-up and respond. Paul Moyer, 881 Park Way, commented on the problem of water run-off and dirt washing down after a rain and settling at the corner of his street. Mr. Rubel will follow-up. ,-- Lee Allen, 270 Avenue 9, commented on the problem of barking dogs and businesses along Main Street which have closed recently. Fred Crowe, Butterfield Surveys, 620 W. Graham, suggested that staff follow-up and inform persons who are scheduled to be on Council agendas that they should be present. Mr. Trevino will follow-up on procedure. Ray Hernon, 261 E. Peck, complimented Council and staff on clean-up of the Lakeshore Drive area. Marianna Mohylyn, 305 W. Sumner, commented on the downtown businesses and on the need for sidewalks on Sumner Avenue. REPORTS AND RECOMMENDATIONS Mr. Porter requested a Closed Session to discuss a matter of litigation. ..... Mr. Trevino gave a status report on the redecorating of City Hall. Staff is now complete and things are moving in a positive direction. Mr. Torn commented on the church group, Familia del Nuevo Nacimiento Church, which was given permission to use the gazebo at City Park. The function was excessively noisy until quite late at night. We need to control evening uses of the park. Lee Allen, 270 Avenue 9, asked what can be done regarding barking dogs. Mr. Porter explained this is a difficult problem to control. The City really cannot solve this problem. The injured parties can resort to Small Claims Court. Mrs. Valenzuela stated that the emergency manuals are almost completed. She has had many volunteers from the Community and will have a full report at the next meeting. Mr. Mac Murray stated he has had several requests to have Sheriff's Department monitor the speed limit on Graham Avenue between Main and the Junior High School. Mr. Trevino will follow-up. Mr. Knight asked if staff has been able to determine the ultimate width of Riverside Drive. Mr. Rubel will follow-up. He also inquired about traffic signal on Railroad Canyon Road and Mission Trail. Mr. Rubel stated they will be in operation in approximately two weeks. J;340 Page eleven City Council Minutes November 8, 1983 REPORTS AND RECOMMENDATIONS - Continued. Mr. Knight stated he is happy to see that City Park is being used extensively. Mayor Unsworth asked if Council should consider removing the Jubilee Committee now that the Founder's Day celebration is over. Council comments followed. It was suggested that a study session be scheduled with Council and the Jubilee Committee to determine the disposition of this committee. Mayor Unsworth reported that there are twenty-three persons involved in the Neighborhood Watch training program. More volunteers are welcomed. .... EXECUTIVE SESSION Council adjourned to Executive Session at 11:13 p.m. to discuss a matter of 1 i ti gation. Council reconvened at 11:23 p.m. Mr. Porter reported that a law suit has been filed by the Federal Emergency Man- agement Agency against the City of Lake Elsinore, County of Riverside, Elsinore Valley Municipal Water District, Lake Elsinore Park and Recreation Board, Temescal Water Company and the State Park and Recreation District to recover $2,174,685.24 which FEMA spent in the valley as a result of the 1980 flood disaster. The suit has been tendered to the City's Insurance Company and they are studying it and will advise whether the City will be given a defense. Mr. Porter will keep Council advised as to the status of this litigation. No Council action is required at this time. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:27 P.M. - ~ ~ /j/~7Z JO~N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE .... 'l4l MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:32 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Valenzuela. ROLL CALL .XJ I'- l"- I'":) o o The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Barrick and City Clerk Money. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration and discussion: Item Nos. 3, 6 and 9. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a. October 18, 1983 - Study Session - Approved b. November 2, 1983 - Joint Study Session - Approved c. November 8, 1983 - Regular Meeting - Approved I 2.' Resolution Proclaiming Week of November 20, 1983 as IIFamily Weekll - Approved. RESOLUTION NO. 83-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROCLAIMING THE WEEK BEGINNING NOVEMBER 20, 1983, AS IIFAMILY WEEK" AND ENCOURAGING ALL LOCAL GROUPS, ORGANIZATIONS AND CITIZENS TO OBSERVE IIFAMIL Y WEEKII l~ITH ALL APPROPRIATE ACTIVITIES, CEREMONY AND CELEBRATION. 4. CLAIM NO. 83-28 - BARAJAS, Carmen, Rutillo, Raymond, Daniel, Gabriel and Serigio - Rejected and Referred. 5. Contract for Engineering Services - Storm Drain Extension - Lakeshore Drive - Approved contract with Zimmerman Consulting Engineers for Design of Storm Drain Extension on Lakeshore Drive. - 7. Resolution Increasing Plan Check Fees for Flood Control District - Approved. RESOLUTION NO. 83-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING PLAN CHECKING FEES FOR FLOOD HAZARD REVIEW BY THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSER- VATION DISTRICT TO BE COLLECTED FROM DEVELOPER AT THE TIME OF INITIAL APPLICATION FOR DEVELOPMENT. 24~~ Page two City Council Minutes November 22, 1983 CONSENT CALENDAR - Continued. 8. Senior Home Repair Program - Approved Assignment of Agreement transferring Senior Home Repair Program from the County Housing Authority to the County Community Development Department. 10. Appeals of City Council Decisions - Received and Filed Report. ITEMS REMOVED FROM CONSENT CALENDAR 3. CLAIM NO. 83-27 - GUGLIELMANA, Thomas Morris - - Mr. Porter stated that this was a late claim application and recommended Council reject late claim and refer. MOVED BY MAC MURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO REJECT LATE CLAIM APPLICATION OF THOMAS MORRIS GUGLIELMANA AND REFER TO CITY ATTORNEY. 6. Resolution Adopting Revised Riverside County Public Improvement Standards - Mr. Torn stated that a portion of the resolution proposed adopting standards which differed from policy regarding parkways between curbs and sidewalks. He requested deletion of 'Modified Frontage Road' and 'Modified Restricted Local Street' portions of resolution. RESOLUTION NO. 83-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDED RIVERSIDE COUNTY STANDARD PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS. 9. Request to Use Community Center - Stroke Detection Services - Mr. Torn questioned waiver of fees for the facility since this request is from a profit making organization. Edith Hardwick from Stroke Detection Services addressed Council and explained the scope of the program and answered Council questions. -- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DENY REQUEST OF STROKE DETECTION SERVICES TO USE THE COMMUNITY CENTER. PUBLIC HEARINGS 31. Vacation of Portion of Casino Drive and San Jacinto River Drive. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the resolution declaring intention to vacate a portion of Casino Drive and San Jacinto River Drive and asked staff to identify the property and give staff recommendations. Mr. Rubel reported that on October 25, 1983, Council adopted the Resolution of intention to vacate a portion of Casino Drive and San Jacinto River Drive at the site of the proposed Carl's Jr. Restaurant and setting date for Public Hearing. The City Clerk reported no correspondence had been received by the City Clerk's Office regarding this project. Mayor Unsworth opened the public hearing at 7:59 p.m. asking those in favor of vacation of a portion of Casino Drive and a portion of San Jacinto River Drive to speak. No one asked to speak. Mayor Unsworth asked those in opposition to vacation of a portion of Casino Drive and a portion of San Jacinto River Drive to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:00 p.m. - ~4;\ Page three City Council Minutes November 22, 1983 PUBLIC HEARINGS - Continued. 31. Vacation of Portion of Casino Drive and San Jacinto River Drive - Continued. - MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION ORDERING VACATION OF A PORTION OF CASINO DRIVE AND SAN JACINTO RIVER DRIVE. RESOLUTION NO. 83-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF CASINO DRIVE AND A PORTION OF SAN JACINTO RIVER DRIVE, 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. 32. Conditional Use Permit 83-12 - Research Development and Testing Facility - Sports Hovercraft - Corydon Road - AP #370-080-017 - ..X; f:'ot ....... '-;) o Q Mayor Unsworth announced this was the time and place for a public hearing pursuant _ to Conditional Use Permit 83-12 and asked staff to identify the property and issues and give staff recommendations. Mr. Trevino stated that staff has met with applicant and requested that ~._c~ Conditional Use Permit 83-12 be continued to the next meeting on December 13, 1983, in order to allow staff to meet with the property owner. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CON- TINUE THE PUBLIC HEARING OF CONDITIONAL USE PERMIT 83-12 TO DECEMBER 13, 1983. BUSINESS ITEMS 51. Ordinance No. 685 - Adopting a Certain Zoning Standard for Use Within the Area Designated as Rome Hill Annexation Area - Second Reading. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the Ordinance. ORDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A CERTAIN ZONING STANDARD FOR USE ONLY WITHIN THE AREA DESIGNATED AS THE ROME HILL ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 685. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE 52. Ordinance No. 686 - Mosquito Abatement Ordinance - Second Reading. 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. 686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA PROVIDING FOR MOSQUITO PROCEDURES AND ASSESSMENTS. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 686. AYES: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ~44 Page four City Council Minutes November 22, 1983 BUSINESS ITEMS - Continued. 53. Resolution Declaring and Ordering Annexation No. 30 (Rome Hill). Mr. Trevino reported that this annexation is sponsored by Buron A. Murray and consists of approximately 12 acres of uninhabited area located south of Como Street, north of Grand Avenue, west of Stoneman Street and east of Lucerne Street. On December 28, 1982, Council adopted Resolution No. 82-8 giving initial consent ... for the annexation proceedings to commence for the Rome Hill/Murray Annexation, subject to applicant obtaining a pre-annexation zone change to Alternative A, Conditional (SP) Specific Plan Zone. On November 8, 1983, after holding of a public hearing, Council approved Zone Change 82-9 pre-zoning Annexation No. 30 area from RR (Rural Residential) to SP (Specific Plan). The Local Agency Formation Commission of Riverside County approved Annexation No. 30 on Septem- ber 8, 1983. RESOLUTION NO. 83-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY KNOWN AS ANNEXATION NO. 30 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE WITHOUT HEARING OR ELECTION AND CITING REASONS AND AUTHORITY THEREFOR. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-77 DECLARING AND ORDERING ANNEXATION NO. 30 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE. 54. Commercial Project 83-9 - R & B Investors - Plot Plan Review. Mr. Trevino reported this is a proposal to construct a 4250 square foot commer- cial office structure on the west side of Riverside Drive, 300! feet north of Joy Avenue. The plot plan for this project was not available at the last Council meeting, therefore, Commercial Project 83-9 was continued to this meeting for Council review. - MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE PLOT PLAN FOR COMMERCIAL PROJECT 83-9. 55. Request for Extension of Time - Tentative Tract Map 14639 - Lakeland Properties, Incorporated. Mr. Porter reported that applicant could not be present tonight and requested this item be continued to December 13, 1983 to allow time to review additional conditions. Mr. Porter recommended Council continue this request to December 13. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE REQUEST FOR EXTENSION OF TIME - TENTATIVE TRACT MAP 14639 - TO DECEMBER 13,1983. 56. Disaster Preparedness - Generators for the City. Wally Borchard reported he has been attempting to locate power generators of adequate size and number to handle radio communications and public utility services, in the event of an emergency. Through the County Disaster Preparedness Agency and the California State Depart- ment of Surplus Property, seven surplus generators have been located at the Camp Pendleton Marine Corps Base. Four 30-kw generators have been purchased by the City and we are working with the State to obtain the three additional 45-kw generators. Mr. Borchard displayed drawings recommending placement of generators and recommended Council approve purchase of three additional 45-kw units. -- MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE PURCHASE OF THREE ADDITIONAL 45-KW SURPLUS GENERATORS. Council recessed at 8:53 p.m. Council reconvened at 8:56 p.m. ~4:J Page five City Council Minutes November 22, 1983 BUSINESS ITEMS - Continued. 57. Southern California Edison Company Presentation. Mr. Bill Campbell, representing Southern California Edison Company, presented a short film regarding hydroelectric power sources. Edison and other investor- -- owned utilities nationwide may lose the right to own and operate their hydro- electric plants as a result of recent legal decisions involving re1icensing. The loss of these facilities would result in rate increases to Edison customers. Mr. Campbell urged Council adopt a resolution supporting Edi~on Company.s attempt to re1icense their hydroelectric plants. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO DIRECT CITY ATTORNEY TO PREPARE A RESOLUTION FOR THE NEXT MEETING ON DECEMBER 13 AND REQUEST INFORMATION REGARDING THIS ISSUE FROM THE LEAGUE OF CALIFORNIA CITIES. 58. Award of Contract - Library Addition Counci1member Knight excused himself from deliberation of this item at 8:57 p.m. due to a possible conflict of interest. Mr. Trevino reported bids were opened on October 16, 1983 and the low bid was in the amount of $195,250 from Mediterranean Construction Company. Plans call for an 1870 square foot addition replacing existing roof, filling-in basement area and complete grading and paving of parking areas. Staff recommends Council appropriate $195,250 from anticipated bond proceeds and authorize Mayor to sign contract with Mediterranean Construction Company. .X) l'- f:'oo '~ ~ o Irene Lindenberg, Head of Branch Services Division - City/County Library, com- mented on the new facilities and stated that County budget provides an amount for additional shelving and materials for the library addition. Mr. Trevino requested a closed session for discussion of a legal matter. Council adjourned to Executive Session at 9:03 p.m. Council reconvened at 9:09 p.m. Mayor Unsworth reported that due to possible legal ramifications, Council concurred to continue this matter to December 13. 59. Dedication of Land and Fees for School Facilities. Mr. Trevino gave background information stating the Elsinore Union High School District is requesting proper procedure regarding dedication of land and fees for school facilities. Staff recommends approval of report and submission to School District, with Council reserving right to make determination regarding the areas to be serviced by developer fees. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE PRELIMINARY REPORT AND SUBMIT TO ELSINORE UNION HIGH SCHOOL DISTRICT. 60. Deferral of Off-Site Improvements - 16668 Arnold Avenue. Mr. Rubel reported that Arnold Avenue is located in the Country Club Heights area and extends from Gunnerson Street to Dryden Street. There are presently no street improvements existing on Arnold Avenue. - On November 15, 1983, Planning Commission approved a General Plan Amendment which provides for an implementation ordinance to allow reduced street widths and less restrictive grading standards for Country Club Heights. Staff recom- mends approving deferral of improvements until Council has acted on the proposed General Plan Amendment and the implementation Ordinance is prepared and adopted. MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE DEFERRAL OF OFF-SITE IMPROVEMENTS AT 16668 ARNOLD AVENUE SUBJECT TO PROPERTY OWNER SIGNING STANDARD LIEN AGREEMENT. 246 Page six City Council Minutes November 22, 1983 BUSINESS ITEMS - Continued 61. Policy for New Off-Site Improvements on Streets Where Improvements Exist _ Mr. Rubel reported that staff is requesting a policy decision by City Council. The need arose due to a proposed development on McBride Street. The right-of- way has been approved at 40 feet and two other homes exist on this street with a 36-foot curb-to-curb roadway, allowing sufficient width to provide a sidewalk. Staff recommends that proposed structure be allowed to conform to existing street con~truction of 36 feet and that sidewalks not be required on either side of McBride Avenue from Pinnell Street to Herbert Street. - It is also proposed that City Manager be authorized to determine width of roadway and sidewalk requirements on local residential streets where, in his judgment, sufficient curb, gutter and pavement improvements exist to represent an established condition which should be matched. Also, where a 40-foot right- of-way has been approved and no alternate roadway width is specifically re- quired by other ordinance, a 32-foot curb-to-curb roadway will be built with a 4-foot sidewalk on both sides. Mr. Torn stated that in cases where City Manager makes a determination, there should be a right to appeal to City Council. Mayor Unsworth stated that Council decisions are final, however, if a Council- member wants an item reconsidered, Council has the right to request the item be brought back. Mayor Unsworth would like the item regarding retaining wall encroachment at 1309 Heald Street brought back to Council for reconsideration. This item was denied at the meeting of November 8, 1983. Council concurred. Mr. Trevino stated it would be on the next agenda. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE ADOPTION OF THE CONCLUSION OF REPORT SETTING POLICY ON NEW OFF-SITE IMPROVEMENTS ON STREETS WHERE IMPROVEMENTS EXIST, WITH RIGHT OF APPEAL TO COUNCIL. ...., 62. Conditional Use Permit 83-9 - Elsinore Ultralight Flight Park - Ed Snyder Mr. Trevino reported that on November 7, 1983, staff met with the applicant of Conditional Use Permit 83-9. Applicant was agreeable to all conditions of approval with the exception of; condition nos. 3, 16, 17, 18, 19 and 22. Staff and applicant negotiated these six conditions to read as follows: 3. Application shall be for a period of three (3) years, subject to annual review - conditions may be added each year. 16. Pay equitable vehicular traffic safety mitigation (signalization) fee. The fee to be recommended to the City Council is approximately $12,000, payable $4,000 the first year, $4,000 the second year and $4,000 the third year. 17. Assist the City in forming a Lighting and Landscaping District based on a formula per square foot of actual use. 18. DELETED. 19. Applicant to contribute in the improvements of Mission Trail; (amount of fee to be determined at one (1) year review). 22. Pay Public Safety and Capital Imrpovement fees as follows: -- Street Capital Improvement Fee Park Capital Fee Storm Drain Fee $44,693.00 * * *Defer Park Capital and Storm Drain fees for one (1) year, with the proviso to audit Park's books and amount of fees to be determined by Council at tha t time. ~~e Page seven City Council Minutes November 22, 1983 BUSINESS ITEMS - Continued. 62. Conditional Use Permit 83-9 - Elsinore Ultralight Flight Park - Ed Snyder - Continued. Mr. Trevino stated applicant requests Council defer all fees for one year. At r-- that time, staff would have the right to examine applicant's books to determine ability to pay these fees. Council would make determination at that time. Council discussion ensued and concerns were voiced regarding Public Safety Fees, no amount has been determined at this time. Moved by Valenzuela, seconded by Knight to approve Conditional Use Permit 83-9 subject to revised conditions - Public Safety Fees not to exceed $2,000. (Motion Failed). ~ ~ ~ ~ ~ o AYES: Valenzuela NOES: Knight, Mac Murray, Torn, Unsworth Mr. Torn stated it should not be a function of the City to determine if the business is making a profit. Applicant should determine whether or not they can complete their project within the City's fee structure. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO DIRECT STAFF TO RENEGOTIATE CONDITIONS WITH APPLICANT AND SPELL OUT ALL CONDITIONS. AYES: KNIGHT, MAC MURRAY, TORN, UNSWORTH NOES: VALENZUELA 63. Request of Steve and Greg Reden - Lake West Homes. Mr. Trevino reported this request is from the new owners of Tract 15943 which is an 18-unit condominium project on a one-acre parcel located at Joy and Riverside Drive. Greg Reden, one of the developers, addressed Council and stated that the Tract Map had been approved in June, 1981 but development did not proceed at that time. He gave background on the project and stated that they were en- countering problems working with staff in getting permits to proceed. Council discussion followed regarding the project. The General Plan, which was adopted after the tract map was approved, changed the density of this area and allows only 14.7 units to be built on a one-acre parcel. (Council concurred to allow 15 units). MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO WORK WITH APPLICANTS AND ALLOW GRADING PERMITS TO BE ISSUED AT OPENING OF BUSINESS TOMORROW. 64. Introduction of Finance Director - Jo Barrick. Mr. Trevino introduced the new Finance Director, Jo Barrick. Mrs. Barrick reported that the name of the previous Finance Director, Larry Ronnow, was still listed on four City bank accounts. She requested Council take action to remove his name from these accounts and add her name. ..... MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE SUBMISSION OF NEW BANK SIGNATURE CARDS REMOVING FINANCE DIRECTOR LARRY RONNOW AND ADDING FINANCE DIRECTOR JO BARRICK TO SIGN CHECKS ON ACCOUNT NO. 14-600-084- 80 (GENERAL FUND), ACCOUNT NO. 14-700-095-80 (REVOLVING PAYROLL FUND), ACCOUNT NO. 14-454-708-80 (SCHULMAN) AND ACCOUNT NO. 14-696-477-80 (ENDOWMENT REVENUE FUND). 65. Main Street Overlay between Franklin Street and Limited Street. Pat Rodgers, Public Works Superintendent, reported on this project and assured Council completion would be prior to December 2, 1983. Mr. Trevino stated that Council needed to appropriate $25,000 for this street improvement. Council concurred to bring this before the Redevelopment Agency tonight. ,~':Itj Page eight City Council Minutes November 22, 1983 PUBLIC COMMENTS Dick Murphy, 29362 Swan Avenue, commented on problems resulting from down-zoning of property which occurred through adoption of the General Plan. REPORTS AND RECOMMENDATIONS Mr. Trevino introduced Jim Cochran, the new City Planner. Mr. Knight commented that the City's fire rating is very high. He suggested this be followed-up to see if we are eligible for a lower rating. Mr. Trevino will follow-up. Mayor Unsworth gave an update on the Neighborhood Watch Program and distributed information for Council review, regarding fire trucks. - Mayor Unsworth reported the Employee' Awards:' Banquet was held on Monday, November 21, 1983. Awards were given for length of service and I Employee of the Month I awards were given to Diana Modesti of the Water Department and Wally Borchard of the Water/Sewer Department. ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADJOURN THE REGU- LAR MEETING OF THE CITY COUNCIL AT 11:00 P.M. UlM-~ 1~;tr JOIjN G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE - ATTEST: - ~4~ MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 13,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:39 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Torn. ROLL CALL X; t-- t'- 1-:> o o The City Clerk called the roll: PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KNIGHT, MAC MURRAY, TORN, VALENZUELA, UNSWORTH NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Barrick and City Clerk Money. CONSENT CALENDAR The following items were removed from the Consent Calendar for further considera- tion and discussion: Item Nos. 6, 7, 8 and 14b. r-- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a. November 22, 1983 - Regular Meeting - Approved. b. November 16, 1983 - Joint Study Session - Approved. 2. Animal Control Activity Report - November, 1983 - Received and Filed. 3. Building Division Activity Report - November, 1983 - Received and Filed. 4. 1983 Financial Statement and Quarterly Budget Review - Received and Filed. 5. Approved Warrant List for the Month of November, 1983 - Warrant Nos. 19415 through 50009 approved for payment in the amount of $335,062.65. 9. Approved Resolution No. 83-79 approving Supplement No.4 - Local Agency-State Agreement No. 08-5074. - I RESOLUTION NO. 83-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENT NO. 4 TO LOCAL AGENCY-STATE AGREEMENT NO. 08-5074. 10. Acknowledged donated use of parking lot property at the corner of Heald and Main Streets owned by Mr. and Mrs. Frank DePasquale. 11. Approved acceptance of Grant Deed for Children's Park from Sam Agrusa. 12. Claim No. 83-29 - Harold Levine - Rejected and referred to City Attorney. 13. Claim No. 83-30 - Heirs of Danny McCurtain and Edward Jordan - Rejected and referred to City Attorney. 14. Set for Public Hearing - December 27, 1983 - a. Annexation No. 31 - Ramsgate II - Approved. c. General Plan Amendment 83-6 - Approved. :t50 Page two City Council Minutes December 13, 1983 ITEMS REMOVED FROM CONSENT CALENDAR 6. Request from Coalition of Alliance for Survival to Hold Candlelight Walk. Mr. MacMurray stated that, although the letter accompanying this request did not so state, this group is planning to present a proclamation to Council at the end of their walk. Bryan Mocha, representing the Coalition, clarified that the request was for permission to hold the walk. They do plan to present Council with a procla- __ mation which will be prepared and brought to Council prior to the December 27 meeting. Mayor Unsworth reminded Mr. ~10cha that they need clearance from the Sheriff and Fire Department. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO APPROVE REQUEST TO HOLD CANDLELIGHT WALK ON DECEMBER 27, 1983. 7. Request to Place Directional Sign at Graham and Poe Street. Mayor Unsworth stated that since this request deals with encroachment on public right-of-way, he requests this be heard with business items 59 and 60 which also deal with encroachment on public right-of-way. 8. Resolution Increasing Encroachment Permit Fees. Mr. Knight stated that since this item was one which was brought back from a prior meeting, he would like Mr. Rubel to review the changes which have been made. Mr. Rubel stated that staff has surveyed other cities and the . fees recommended in this proposed resolution are in line with other jurisdic- tions. RESOLUTION NO. 83-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, STATE OF CALIFORNIA, FIXING AND .ESTABLISHING FEES FOR REGULATING THE CON- STRUCTION OF CERTAIN IMPROVEMENTS IN AND UNDER PUBLIC RIGHT-OF-WAY, OTHER THAN SUBDIVISIONS. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-78. ~ 14b. Ramsgate Specific Plan - Set for Public Hearing - January 10, 1984. PUBL IC HEAR INGS 31. Conditional Use Permit 83-12 - British Sports Hovercraft - Raymond Kemp. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 83-12 for British Sports Hovercraft and asked staff to identify the property or issue and give recommendations. Mr. Trevino reported that Conditional Use Permit 83-12 is a request to estab- lish hovercraft operations at 32081 Corydon Road, on the west side of Corydon Road,approximately 1500 feet south of Cereal Street. The proposal includes testing, repair, service and research and development of hovercrafts. The Planning Commission recommends approval of Conditional Use Permit 83-12 subject to the following thirty (30) conditions, with Conditions 14, 15, 16, 22, 23, 24 and 27 recommended for deletion: 1. Applicant to provide adequate on-site parking. (Parking area to be D.G.). 2. Follow all requirements of the County Health Department. ..... ~:ll Page three City Council Minutes December 13, 1983 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 83-12 - British Sports Hovercraft - Raymond Kemp - Continued. .- ~ r-- ~ 1-:> o o 3. All operations shall occur between the hours of 7:00 a.m. and dusk. a. Planning staff to outline a corridor and/or an area in which the hovercraft are to be operated in order to protect the residential neighborhood along Corydon Road from noise and dust conflicts. 4. Applicant to meet all requirements of the State Park Area Manager. 5. Applicant to provide dust control measures for the hovercraft vehicles. 6. Applicant shall be subject to six (6) month review. 7. Applicant shall present proof of insurance prior to issuance of a business license. 8. All signs shall be approved by the Planning Division. 9. Applicant to provide enclosed trash area. 10. Finding of conformance to the General Plan. 11. Finding of no significant impact upon the environment. 12. Issuance of a Negative Declaration. Engineering Department Conditions: 13. On Corydon Road a 50 foot one-half street right-of-way exists which is in conformance with the General Plan. - *14. Install curb and gutter 38 feet from centerline for Corydon Road. *15. Construct standard 6 foot sidewalk adjacent to curb on Corydon Road. Construct driveway approach to City standards, 30 feet wide. *16. Construct asphalt paving to City standards from centerline to curb line on Corydon Road (T.I.= 8). Some paving exists on Corydon Road. Tests must show that existing paving is to City standards and will support the traffic index. 17. Provide street lighting. 18. Cooperate with City in establishing a Landscaping and Lighting District. 20. - 21. *22. *23. *24. 25. 19. Provide sanitary sewer service as approved by the City, the County Health Department and the Regional Water Quality Control Board. Provide a letter agreeing to participate in a regional sewage collection treatment and disposal system. Provide to City a water availability letter from Elsinore Valley Munici- pal Water District (E.V.M.W.D.). Provide a written assurance that County Fire Department requirements have been complied with for fire protection and fire hydrant locations. Provide traffic signs and markings. Plans and specifications for public improvements shall be prepared by a Civil Engineer. Provide street trees as required by the City. Pay Public Safety fees per Resolution No. 83-4. ~~~ Page four City Council Minutes December 13, 1983 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 83-12 - British Sports Hovercraft - Raymond Kemp - Continued. 26. Applicant to provide the City with a recorded access agreement through the existing properties between this parcel and the Lake, for ingress and egress purposes. *27. Provide drainage acceptance letter to City. 28. Dedicate subsurface water rights to the City of Lake Elsinore. 29. Record Notice of Hazardous Conditions and Hold Harmless Agreement from 100-Year flood and from overflow of adjacent drainage ditch. 30. Pay Capital Improvement Fees per Ordinance No. 572 as follows: .... Street - $2,056.00 Storm Drainage - $1,370.00 Park - $ 200.00 TOTAL $3,626.00 * Recommended for Deletion. The City Clerk stated the City Clerk1s offi~e had received no correspondence regarding this issue. Mayor Unsworth opened the public hearing at 7:52 p.m. asking those in favor of Conditional Use Permit 83-12 to speak. Raymond Kemp, the applicant, presented a drawing of the corridor of operation plan which he proposed offer three alternatives; 100, 150 and 200 corridors. He indicated his preference would be for approval of the 200 corridor. He offered to answer any questions Council might have. ... Bill Staples, Commander of the Lake Elsinore Marine Search and Rescue Team, stated that their organization was formed three years ago in an effort to promote safety on the Lake. He feels that the Hovercraft can be an asset in rescue efforts and urged approval of this project. Mayor Unsworth asked those in opposition to Conditional Use Permit 83-12 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:01 p.m. Council questions and discussion followed. Mr. MacMurray asked if the starting time could be changed to 8:00 a.m. instead of 7:00 a.m. Mr. Kemp stated there are no unmuffled engines on hovercraft and therefore the early start would not create problems. Mr. Torn questioned recommended deletion of Conditions No. 14, 15 and 16, related to street improvements on Corydon Road. He is concerned with per- mitting a commercial project to go in without requiring improvements. He requested staff to research to see if there is an agreement already in existence which defers these street improvements. Mayor Unsworth questioned deletion of Conditions No. 23 and 28. The applicant is not the property owner and cannot dedicate water rights to the City. Mr. Kemp stated it was his understanding that the owner would dedicate the water rights. It would be the applicants responsibility to get the owner to agree to dedicate these water rights. Mr. Knight questioned Condition No. 26 and was concerned about problems created by changes in the lake level, with regard to the proposed corridor of operation. --- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-12, SUBJECT TO THIRTY (30) CONDITIONS - CONDI- TION NO. 25, PUBLIC SAFETY FEES TO BE $600, ONE-HALF POLICE AND ONE-HALF FIRE. :l.~~ Page five City Council Minutes December 13, 1983 PUBLIC HEARINGS - Continued. 32. General Plan Amendment 83-1 Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for General Plan Amendment 83-1. Staff has recommended this be continued to December 27, 1983. r- MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN AMENDMENT 83-1 TO DECEMBER 27, 1983. 33. General Plan Amendment 83-2 Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for General Plan Amendment 83-2. Staff has recommended this be continued to December 27, 1983. .XJ r. t-- '~ ~ o MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN AMENDMENT 83-2 TO DECEMBER 27, 1983. 34. General Plan Amendment 83-3 Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for General Plan Amendment 83-3. Staff has recommended this be continued to December 27, 1983. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN ~1ENDMENT 83-3 TO DECEMBER 27, 1983. 35. General Plan Amendment 83-4 r-- Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of General Plan Amendment 83-4. Staff has recommended this be continued to December 27, 1983. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN AMENDMENT 83-4 TO DECEMBER 27, 1983. 36. General Plan Amendment 83-5 Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application for General Plan Amendment 83-5. Staff has recommended this be continued to December 27, 1983. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF GENERAL PLAN AMENDMENT 83-5 TO DECEMBER 27, 1983. BUSINESS ITEMS 51. Conditional Use Permit 83-9 - Ultralight Flight Park - Ed Snyder. Mr. Trevino reported that at the last meeting he was instructed to meet with the applicant to review the conditions of approval. These have been negotiated and certain conditions revised as follows: - 3. Application shall be for a period of three (3) years, subject to annual reviews - conditions may be added each year. 16. Pay equitable vehicular traffic safety mitigation (signalization) fee. The fee to be recommended to Council is approximately $6,000.00, payable $2,000 at the end of the first ear from date of a roval of the Conditional Use Permit, 2,000 for the second year, and 2,000 for the third year. 17. Assist the City in forming a Lighting and Landscaping District, based on a formula per square foot of actual use. 18. DELETED. :t~4 Page six City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 51. Conditional Use Permit 83-9 - Ultralight Flight Park - Ed Snyder - Continued. 19. Applicant to contribute $18,000.00 to street improvements on Mission Trail, because applicant utilizes a large property with no direct frontage, but the use of streets by applicant will generate traffic and cause con- gestion on streets. The burden for off-site improvements on Mission Trail should not fall entirely onto the lots fronting on Mission Trail. The recommended contribution to Mission Trail off-site improvements is based on the following rationale: The total cost of off-site improvements to street centerline of a planned 76 foot roadway for 1,400 foot frontage from Campbell Street to Malaga Street is $144,000.00. These improvements include paving, curb and gutter, sidewalk, street lighting and improved drainage. It is assumed that applicant should contribute one-eighth, or $18,000.00 of the cost of these future off-site improvements to the centerline of Mission Trail. It is proposed that the $18,000.00 be paid over a three-year period at $6,000.00 per year. 22. Pay Public Safety and Capital Improvement fees: ... Public Safety Fees: $ 217.00 Capital Improvement Fees: Street Capital Improvement Fee: Park Capital Fee: Storm Drain Fee: $30,000.00 Deleted Deleted Mr. Trevino stated that the applicant is in agreement with the revised condi- tions, however, cannot pay any portion of the fees until the end of the first year. Ed Snyder, applicant, stated they are in agreement with all conditions with ___ the exception of Condition No. 19. They do not feel their operation will impact on Mission Trail. Lengthy Council discussion ensued regarding all aspects of the revised conditions. Mrs. Valenzuela voiced concern regarding the lack of consistency of conditions applied to various projects. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT 83-9, SUBJECT TO THE NEGOTIATED CONDITIONS, SUBJECT TO SEMI-ANNUAL REVIEWS. Mrs. Valenzuela stated that the ultralight business, as well as the hovercraft operation are tremendous assets to the Valley, especially with regard to emergencies. Both ultralight and hovercraft have been very active in City and County emergency services. 52. Request for Extension of Time - Tentative Tract Map 14639. Mr. Trevino reported that this is a request for extension of time for Tenta- tive Tract Map 14639, for an eighteen month time period. This project is a subdivision of thirty-seven (37) acres into sixty-three (63) single-family lots, located at the intersection of Washington Avenue and Rancho La Laguna Road. The map was originally approved by Council on June 10, 1980 with seventeen (17) conditions of approval. On November 24, 1981, Council granted a one-year extension subject to three (3) additional conditions. On Nov- ... ember 9, 1982, Council granted a one-year extension of time subject to five (5) additional conditions. Planning Department recommends approval of Tentative Tract Map 14639 for eighteen months, subject to the following cond iti ons: 1. Lincoln Avenue shall be turned and realigned along the south boundary of this proposed subdivision. The centerline of Lincoln Street will be on the tract boundary toward the west end of the subdivision. A precise alignment for Lincoln Avenue shall be prepared by developer's engineer and approved by the City. ~a~ Page seven City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. ----- 52. Request for Extension of Time - Tentative Tract Map 14639 - Continued. 2. Provision must be made for the extension southerly of Rancho La laguna Road to intersect lincoln Avenue. Without this extension there will not be adequate access to this proposed subdivision. Provide a bond to the City in an amount sufficient to acquire the 60-foot right-of-way and to construct a street from the tract boundary to Lincoln Avenue, in- cluding construction of the intersection and street improvements to the east which have been constructed in connection with Tract 16062. This extension of Rancho la laguna Road to lincoln Avenue shall include con- struction of the easterly half to ten (10) feet westerly of the center- line. The City will consider use of eminent domain proceedings to acquire the street right-of-way outside of the tract boundary. 3. lincoln Avenue shall be turned and realigned along the south tract boun- dary. Dedicate to provide a 50-foot one-half street right-of-way for Lincoln Avenue within the tract boundary. This 50-foot right-of-way conforms with the width for Lincoln Avenue provided with Tract 16062 to the east. ~ ~ ~ ~ o o 4. Construct complete street improvements to City standards at 38 feet from centerline to curbline, with a 50-foot one-half street right-of-way. Construct 8-foot sidewalk on lincoln Avenue. 5. Dedicate to provide for 60-foot right-of-way on all interior streets. ----- Construct curb and gutter 20 feet from centerline in the 60-foot wide right-of-way. Construct five-foot wide sidewalk separated from curb. Across the frontage of existing Tract 16062, the full width 50-foot dedication and 40-foot curb-to-curb roadway must be provided with the necessary transitions. 6. Construct a 35-foot wide one-half street in the existing 60-foot right- of-way along Washington Avenue, to City standards. Street construction shall be 5 feet past the easterly centerline of Rancho La laguna Road. The subdivision boundary shall be adjusted. A very large watershed to the north and west discharges storm water run-off to and through this proposed subdivision. The storm water run-off must be intercepted and conveyed through the subdivision and along perimeter streets and discharged downstream in an approved manner such as not to expose the City to liabilities. Location and adequacy of drainage facilities must be approved by the City with advice from the Riverside County Flood Control District. ..... The drainage swales or earth channels in the drainage easements shown on the tentative map do not discharge at the location of the drainage swale through the downstream existing Tract 16062. There is no indi- cation of how the drainage will be conveyed under Rancho La laguna Road. The City will not accept the drainage easements as that implies maintenance responsibility for City of unimproved channels and increased liability. There must be established a legal vehicle to place ownership and maintenance of the drainage easement on the property owners in this subdivision. The 60-foot flood control easement will be owned and controlled in a similar manner by the homeowners unless the Flood Con- trol District is willing to take dedication of this flood control easement along the alignment proposed. The developer must bear the cost of building an off-site drainage facility for 100-year storm from the northerly corner of the intersection of Lincoln Avenue and Machado Street, along Machado Street, to improved McVickers Leach Drainage Channel. This construction must include ade- quate discharge facilities at the point of connection to the McVickers Leach Channel. This construction includes extending a reinforced con- crete box across Machado Street. This drainage facility shall be a reinforced concrete box which can be placed underground in the street right-of-way or in an easement adjacent to the street. The design of this drainage facility must be approved by the Flood Control District. ':tat) Page eight City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 52. Request for Extension of Time - Tentative Tract Map 14639 - Continued. 6. (continued) Hold harmless and indemnification statements to protect the City from storm drainage damage claims shall be obtained and recorded as required by the City Attorney. The City will enter into a reim- bursement agreement with this developer to provide for future developers in the watershed who require discretionary approval to participate in the cost of this off-site drainage facility. 7. Provision shall be made for sewage disposal as approved by the City, the County Health Department and the Regional Water Quality Control Board. 8. Provide and install traffic signing and striping as required by the City Engineer. Pay all capital improvement fees. 9. Provide fire protection facilities as required by the County Fire De- partment. - 10. Comply with the current adopted edition of the Uniform Fire Code. 11. The two parcels totalling 15~ acres (marked NOT A PART OF TRACT 14639) shall be accepted in lieu of park fees. Developer shall bear the cost to develop the park. Developer shall submit a specific plan for park development (minimal recreational facilities) to the City for approval, prior to recording the final map of this subdivision. The developer shall provide a legal vehicle which will provide for homeowners bearing the cost of maintenance of the park site. 12. Developer shall pay all required school district fees. 13. The agreement shall be recorded. 14. Provide and bear the cost of an Environmental Impact Statement and the required subsequent Environmental Studies required. Developer shall comply with all additional conditions resulting from the City-approved environmental studies. ..... 15. Bear the cost of providing a left-turn lane on Machado Street at Zieg1inde Drive and at Joy Street to provide for this added traffic and because the offset of Zieg1inde Drive and Joy Street is substandard. Provide resurfacing of the added traffic lane needed across the frontage of Machado Park to accommodate this left-turn lane. 16. Pay an equitable traffic safety mitigation fee for traffic signal installa- tion in the amount of $20,000. 17. Provide emergency access to St. Pierre Lane as requested by the City Engineer. This is needed until such time as Rancho La Laguna Road is constructed through to Lincoln Avenue. Bob Vatcher, the developer, stated he needed clarification on some of the conditions which have been added: Condition No.2 - Condemnation proceedings would have to be initiated in order to extend Rancho La Laguna Road to Lincoln Avenue. He questioned how long this would take and if approval would have to be delayed until completion of condemnation proceedings. John Porter stated the proceedings could take up to two years. Developer must reach an agreement with the City to pursue the eminent domain action and post bond for all costs in connection with the acquisition. Condition No.6 - Developer to bear the cost of building an off-site drainage facil ity for 100-year storm from the northerly corner of the intersection of Lincoln Avenue and Machado Street, along Machado to improved McVickers Leach Drainage Channel. This requirement could result in an expenditure of $650,000. Mr. Vatcher feels this is a regional problem and should be shared by other developers in the area. The County approved a tract adjacent to -- ~5'd Page nine City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 52. Request for Extension of Time - Tentative Tract Map 14639 - Continued. this one which has created serious drainage and water run-off problems at Machado and Lincoln. ,.-. Norm Rubel stated that with the existing drainage problems in this area, Council should not approve this development unless adequate drainage facilities are provided. The City will cooperate with the developer and enter into a reimbursement agreement to provide for future developers in the watershed to participate in the cost of this off-site drainage facility, to help recover the cost. Council discussed alternatives to underground drainage channel which Engineering is recommending. City Engineer agreed to work with the developer on alternative solutions. oX:; l'- I:'-" '-:J o o Condition No. 11 - Mr. Vatcher requested the last sentence of this condition 'developer shall provide a legal vehicle which will provide for homeowners bearing cost of maintenance of the park site', be deleted. Condition No. 14 - Mr. Vatcher stated that environmental concerns were taken care of with the initial approval of the tract map. John Porter stated this is a normal requirement on extensions of maps. r-- MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE EXTENSION OF TIME FOR TENTATIVE TRACT MAP 14639 FOR EIGHTEEN (18) MONTHS, SUBJECT TO THE FOLLOHING REVISIONS OF CONDITIONS: CONDITION NO.2: INCLUDE: 'DEVELOPER TO REACH AGREEMENT WITH CITY TO PURSUE EMINENT DOMAIN ACTION AND POST BOND FOR ALL COSTS OF ACQUISITION. CONDITION NO.6: INCLUDE: 'THIS CONSTRUCTION INCLUDES EXTENDING A REIN- FORCED CONCRETE BOX OR ACCEPTABLE ALTERNATIVE'. ADD TO LAST SENTENCE: 'OR MEANS ACCEPTABLE TO CITY COUNCIL'. CONDITION NO. 11: DELETE LAST SENTENCE. CONDITION NO. 14: CHANGE: 'ENVIRONMENTAL IMPACT STATEMENT' TO 'ENVIRONMENTAL ASSESSMENT' . COUNCIL RECESSED AT 9:29 P.M. COUNCIL RECONVENED AT 9:42 P.M. 53. Tract Map No. 15943 - 16523 Joy Street - Reden Mr. Porter reported that he had met with staff and Mr. Reden and his Attorney and reviewed this project. A decision was made to pursue a General Plan Amendment so that Council could properly review and determine what needs to be done to benefit this project. This project, General Plan Amendment 83-6, will be heard by Planning Commission on December 20 and come before Council on December 27, 1983. - Council concurred to approve staff recommendation and to receive and file this report. 54. Status Report - Geothermal Project Mr. Trevino stated that this was an update on the Geothermal Grant which the City received and projects \;-/e are currently involved in. He have made appli- cation to the State for additional $163,000 in grants. Dan Fissori, Energy Planner, reported on the progress of Lake Elsinore's Geothermal Program which began September 1,1983, and the benefits which the City can realize through development of Lake Elsinore's natural geothermal resources. The City is currently taking steps to assist a greenhouse opera- tor in establishing an operation utilizing geothermal energy. This green- 258 Page ten City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 54. Status Report - Geothermal Project - Continued. house project would become a demonstration project and a necessary component in our proposal and grant application for the Energy Commission Grant of $163,000. 55. Award of Bid for Library Addition. Counci1member Knight excused himself from consideration of this issue due to a possible conflict of interest, at 10:00 p.m. Mr. Trevino reported that on November 22, 1983, Council determined to delay the award of contract for this project until there is assurance that money will be available from the tax allocation bond issue. Attorney Gene Nazarek has written a letter indicating that, based on a letter from the bond under- writing firm of Birr-Wilson, all funds will be available in January, 1984 and recommends Council approve contract for proposed library construction. Staff recommends Council award the library expansion bid to the lowest respon- sible bidder, Mediterranean Construction Company and authorize the Mayor to sign the contract. -- MOVED BY MAC MURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION AND AWARD LIBRARY ADDITION CONTRACT TO MEDITERRANEAN CONSTRUCTION COMPANY IN THE AMOUNT OF $195,250. Counci1member Knight returned to the table at 10:06 p.m. 56. Clarification of Conditions of Approval for Parcel Map 16000. Mr. Rubel reported that on April 12, 1983, Council approved a one-year time extension for Parcel Map 16000 subject to twenty-five (25) conditions. The ~ Engineering Department received a letter from Judy Ferrenberg McGill, the applicant, requesting clarification of three of the conditions of approval. After reviewing this request, staff recommends as follows: 1. Approve elimination of Condition No. 20 - (Applicant shall form a Road Maintenance Assessment District.) 2. Revise Condition No. 19 as follows: Applicant shall sign a statement agreeing to participate in formation of a Lighting and Landscaping District. 3. Revise Condition No. 24 as follows: Applicant shall agree to an equitable traffic safety mitigation in the amount of $25,000. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS. 57. Deferral of Off-Site Improvements - Bailey Street. Mr. Rubel reported that, at present, there are three homes existing on Bailey Street and there are no existing street improvements from Dryden Street to Stoddard Street. The Engineering Department received a letter from Mr. Marshall Rayner requesting deferral of off-site improvements for a proposed single-family dwelling on Bailey Street, since no standard has been set by the City for these streets in the Country Club Estates area. Staff proposes ... that improvements be deferred subject to developer posting Surety Bond and signing standard lien agreement which provides that improvements be installed upon demand by the City. MOVED BY KNIGHT, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE DEFERRAL OF OFF-SITE IMPROVEMENTS ON BAILEY STREET SUBJECT TO DEVELOPER SIGNING STANDARD LIEN AGREEMENT AND POSTING SURETY BOND. r- oX) l"" ~ '-::J o o ,.-- -- 25H Page eleven City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 58. Agreement with Fred Stokes for Sewer Service. Mr. Porter stated that Mr. Stokes has requested this item be continued for two weeks to allow him to check out cost of the bond which staff is proposing. Staff recommends approving this request. Council concurred to continue this item to December 27, 1983. 59. Request for Retaining Wall Encroachment into Street Right-Of-Way. Mr. Rubel reported that at 649 Mill Street, George Alongi constructed a retaining wall three (3) feet into the street right-of-way. The approved plans required the retaining wall to be nine (9) feet back of curb line, however, the wall was constructed six feet back of curb line. At their meeting of December 6, 1983, Planning Commission recommended that the retain- ing wall be allowed to remain. However, staff recommends denial of this request. Approval would commit the City to allowing a 44-foot right-of-way with 6-foot parkway along the remainder of Mill Street from Country Club Drive to High Street. George Alongi, the builder, presented pictures of the property and presented his arguments in favor of allowing the retaining wall to remain where located. Council discussion followed. Mrs. Valenzuela voiced concern regarding parkways and future cost to the City for maintenance of these parkways. Moved by Torn, seconded by Knight to require Mr. Alongi to remove the retaining wall at 649 Mill Street. Ayes: Torn, Knight Noes: MacMurray, Valenzuela, Unsworth Motion Failed. Since motion failed and the wall remains on public right-of-way, Mr. Porter and Council discussed alternatives to removing the wall. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO REVIEW AND BRING BACK ALTERNATIVE SOLUTIONS AND PREPARE POLICY STATEMENT THAT ADDRESSES THIS SAME ISSUE IN OTHER AREAS. 60. Request to Encroach into Street Right-Of-Way with a Retaining Wall - Heald Street. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANH.10USL Y ,TO CONTINUE FOR TWO WEEKS AND DIRECT STAFF TO REVIEH AND BRING BACK ALTERNATIVE SOLUTIONS. 7. (Removed from Consent Calendar) Request to Place Directional Sign at Graham and Poe Street. Mr. Rubel reported that the First Christian Church has requested permission to place a directional sign on the northeast corner of Graham and Poe Street in the street right-of-way. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO REFER TO STAFF FOR REVIEW. 61. Resolution of Intent - Kaufman and Broad, Inc. - Sewer Line Mr. Trevino reported that staff has had numerous meetings with Kaufman and Broad staff and their attorney. The purpose of the latest meeting on Decem- ber 9, was to determine whether or not an assessment district should be created for the construction of the sewer line, or whether we should seek a reimbursement agreement. It was decided that a Resolution of Intent appointing consultants was necessary and must be approved by Council. This will not bind the City in any way as Kaufman and Broad has agreed to pay all up-front costs. The necessity of forming an assessment district will be determined at a later date. ~60 Page twelve City Council Minutes December 13, 1983 BUSINESS ITEMS - Continued. 61. Resolution of Intent - Kaufman and Broad, Inc. - Sewer Line - Continued. RESOLUTION NO. 83-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION OF INTENT APPOINTING CONSULTANTS, PROVIDED ALL MONIES ARE DEPOSITED UP FRONT BY KAUFMAN AND BROAD. ... 62. City Attorney Report - Edison Company Request. Mr. Porter reported that at the Council meeting of November 22, 1983, Mr. Bill Campbell of Southern California Edison Company addressed Council con- cerning the issue of municipal preference in re1icensing of hydroelectric projects and requested Council adopt a resolution supporting Southern Calif- ornia Edison Company in the re1icensing of two hydroelectric projects. Mr.. Porter has reviewed the materials from Mr. Campbell and spoke to repre- sentatives from the City of Vernon, the City of Riverside and the League of California Cities. Since this issue would have little, if any, effect on the City of Lake Elsinore at this time, he recommended this request be tabled indefinitely. The City may need to take a position at some later date, probably after the League of California Cities has presented it's findings. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS REQUEST INDEFINITELY. REPORTS AND RECOMMENDATIONS ... Mr. Trevino reported that Elsinore Valley Municipal Water District is negotiating to purchase property for their sewer plant site. They are interested in 25 acres, however, it would be advantageous to the City for them to purchase 20 acres located on Chaney Street, adjacent to - our existing treatment plant. The re- maining five acres at this site would be needed for expansion of our present plant. Council concurred with staff findings. Mr. Knight referred to Business Item No. 52 - Tentative Tract Map 14639 - and commented that we should be more aware of developments which the County is approving. Tracts have been approved by the County around the fringes of the City which have created serious drainage and water run-off problems. A suggestion was made that when the Planning Department receives reports from the County regarding projects in our sphere of influence, these should be plotted on a map. When it is determined that a specific project will impact on the City, then we should send a representa- tive to the County Planning Commission meetings. Mrs. Valenzuela reported that she has attended two diaster meetings recently with the County. Last week, local agencies met and offered suggestions to take to the meeting on January 12 to be held in Sun City. She requested that another Council- member and the City Manager accompany her to that meeting. She thanked everyone who has helped her in putting together all the emergency and diaster preparedness information. Mr. Torn requested that the Planning staff put together a list of projects which ... they are currently processing, as well as any- serious discussions with developers regarding possible projects, so that Council can be better informed when they are questioned by residents of the Community. Possibly this information could be placed on the agenda for the next joint meeting with the Planning Commission. Mayor Unsworth requested that Special Permit 83-1 be brought back on the December 27 Council Agenda for reassessment of conditions pertaining to Highway 74/Riverside Drive. r- ~\jJ Page th i rteen City Council Minutes December 13, 1983 ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:11 P.M. ~ ATTEST: t-- ~ '-;:) ~ o r-- - ~ A ~v'-<.* JOH G. UNSWORTH, MAYOR CIT OF LAKE ELSINORE Zti2 MINUTES CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The Regular Meeting of the City Council was called to order by Mayor Unsworth at 7:31 p.m. PLEDGE OF ALLEGIANCE ... The Pledge of Allegiance was led by Counci1member Knight. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Trevino, City Attorney Porter, City Engineer/ Public Works Director Rubel, Finance Director Barrick, City Planner Corcoran, City Clerk Money. PRESENTATIONS AND PROCLAMATIONS Mayor Unsworth read a proclamation declaring 1984 'Quest for Peace Year' which was presented by representatives of the United Methodist Church following their Candlelight Walk for Peace. CONSENT CALENDAR ~ The following items were removed from the Consent Calendar for further considera- tion and discussion: Item Nos. 6,8 and 11d. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes: a. December 7, 1983 - Joint Study Session - Approved. b. December 13, 1983 - Regular Meeting - Approved. 2. Accepted traffic signal and safety lighting project at Railroad Canyon Road and Mission Trail, authorized recordation of Notice of Completion and authorized payment of $820.23 and release of the final 10 per cent, $4,892.10, thirty-five (35) days after recordation of Notice of Completion. 3. Geothermal Agreements - Approved in Concept. 4. Approved request by the Elks Lodge for use of the Community Center for Annual Hoop Shoot and waiver of fees for Saturday, January 21,1984. 5. Accepted four access road dedication deeds from Buran A. and Helen H. Murray - Rome Hill Annexation. ... 7. Accepted public improvements in Tract No. 15382 and authorized release of bonds subject to receipt of one year maintenance bond. 9. Approved amended agreement for cooperation between Elsinore Valley Municipal Water District (EVMWD) and the City of Lake Elsinore regarding tax increment pass through between the District and the Redevelopment Agency. ~"" r'" 263 Page two City Council Minutes December 27, 1983 CONSENT CALENDAR - Continued 10. Approved Resolution Numbers 83-81, 83-82, 83-83 and 83-84 regarding the General Municipal Election to be held Tuesday, April 10, 1984. - RESOLUTION NO. 83-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1984. RESOLUTION NO. 83-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 10, 1984, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. ~ JO ~ .~ ~ o RESOLUTION NO. 83-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY UN TUESDAY, APRIL 10, 1984. RESOLUTION NO. 83-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 10TH DAY OF APRIL, 1984, TO BE MADE BY THE CITY CLERK OF THE CITY OF LAKE ELSINORE. 11. Set for Public Hearing - January 10, 1984 - Approved a. Conditional Use Permit 83-7 b. Conditional Use Permit 83-13 c. Conditional Use Permit 83-14 12. Set for Public Hearing - January 24, 1984 - Approved a. Conditional Exception Permit 83-7 b. Tentative Tract Map 19750 c. Tentative Tract Map 15020 - Revised d. Tentative Tract Map 19402 ITEMS REMOVED FROM CONSENT CALENDAR 6. Request for Church Directional Sign. Mayor Unsworth requested this item be pulled and included with Business Item 53 - Request for Church Directional Sign. 8. Water Well Progress Report. Mr. Mac Murray asked if all the figures would be available when this is brought back to Council at a subsequent meeting. Mr. Knight asked if the pump would be offset and a street built there. Mrs. Valenzuela asked if it would be feasible for City crews to do this work. Mr. Rubel answered each question in the affirmative. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE PROGRESS REPORT IN PRINCIPLE AND DIRECT CITY ENGINEER TO COMPLETE PLANS AND SPECIFICATIONS FOR APPROVAL BY COUNCIL AT A SUBSEQUENT MEETING. 264 Page three City Council Minutes December 27, 1983 ITEMS REMOVED FROM CONSENT CALENDAR - Continued. lld. Set for Public Hearing - January 10, 1984 - Ramsgate Specific Plan Mr. Trevino reported that he had received a letter from Thomas Weigel of FORMA requesting that the Ramsgate Specific Plan and E.I.R. hearing date be set for January 24, 1984. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO SET FOR PUBLIC HEARING - JANUARY 24, 1984 - RAMSGATE SPECIFIC PLAN. ... PUBLIC HEARINGS 31. General Plan Amendment 83-1 - Proposal to change approximately 1190 acres from Specific Plan District 2.0 dwelling units per acre to Specific Plan District 2.5 dwelling units per acres. Mayor Unsworth announced that this was the time and place for a public hearing pursuant to the application of General Plan Amendment 83-1, a proposal to change density of Ramsgate Specific Plan area from 2.0 dwelling units per acre to 2.5 dwelling units per acre, located north of 1-15, east of Highway 74, and asked staff to identify the project and give staff recommendations. Mr. Trevino reported that the Planning Commission recommends approval of General Plan Amendment 83-1 and adoption of Resolution No. 83-85. The amendment to the Land Use Element of the General. Plan is for (l)rede- signation of 82 acres of Annexation Number 31 (Ramsgate II) from Very Low Residential to Specific Plan Community, and (2) redesignation of the density for the entire 1,190 acre Ramsgate Specific Plan Area from 2.0 dwelling units per acre to 2.5 dwelling units per acre. The Ramsgate Specific Plan and Environmental Impact Report justify an increase of one- half unit per acre in development intensity. The implementation Program l.la. 11. of the General Plan Land Use Element provides criteria for granting a IIdensity bonusll for imaginative development, the preservation and enhancement of public resources, and/or provision of public facilities. The Ramsgate Specific Plan represents a well designed and conceived residential project. The City Clerk reported no correspondence has been received by the City Clerk's office regarding this project. Mayor Unsworth opened the public hearing at 7:40 p.m. asking those in favor of General Plan Amendment 83-1 to speak. No one asked to speak. Mayor Unsworth asked those in opposition to General Plan Amendment 83-1 to speak. -- Eugene Carter, 109 Lowell Street, stated that there was much confusion surrounding the Ramsgate Project. Mr. Trevino explained that tonight's hearing was regarding the density of dwelling units per acre. The hearing scheduled for January 24, 1984 would involve the entire Ramsgate Project. Mayor Unsworth closed the public hearing at 7:45 p.m. Mr. Torn stated that the staff report indicates there are three conditions under which IIdensity bonusll can be granted. He would like to see the emphasis placed on provision of public facilities as the major condition __ for approval of IIdensity bonus", not merely a well-designed plan. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 83-1 AND RESOLUTION NO. 83-85. ----- ~ ~ ~ ~ ~ ~ ----- 26~ Page four City Council Minutes December 27, 1983 PUBLIC HEARINGS - Continued. 32. General Plan Amendment 83-3 - Proposal to amend the General Plan Land Use Element from Tourist Commercial to Specific Plan for 7.72 acres. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of General Plan Amendment 83-3, changing the Land Use Element from Tourist Commercial to Specific Plan (4.0 dwelling units per acre), located at the intersection of Grand Avenue and the Ortega Highway. He asked staff to identify the project and give recommendations. Mr. Trevino reported that General Plan Amendment 83-3 - Darwin B. Maxson - proposed changing the Land Use Element from Tourist Commercial to Specific Plan (4.0 dwelling units per acre). The project is located on Grand Avenue at the Ortega Highway intersection. The Planning Commission recommends approval of General Plan Amendment 83-3 and adoption of Resolution No. 83-85. Applicant proposes 28 residential lots and 2 commercial lots fronting Grand Avenue. The subject site is an existing subdivision with infrastructure already in place. The change of designation would allow the City maximum control over the development (i.e., development standards and criteria, types of housing and energy conservation techniques). The City Clerk stated that no correspondence has been received by the City Clerk's office regarding this project. Mayor Unsworth opened the public hearing at 7:50 p.m. asking those in favor of General Plan Amendment 83-3 to'speak. No one asked to speak. Mayor Unsworth asked those in opposition to General Plan Amendment 83-3 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 7:51 p.m. Mr. Torn stated that, according to the original Tract Map, some of the existing lots were below the 1270' elevation.. These should be excluded from approval as they are not buildable per City Ordinance. Mr. Porter suggested that for clarification, approval should be conditioned to say that 'owner comply with all conditions of Flood Plane Management Ordinances of the City!. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 83-3 SUBJECT TO THE CONDITION THAT OWNER COMPLY WITH ALL CONDITIONS OF FLOOD PLANE ORDINANCES OF THE CITY. 33. General Plan Amendment 83-4 - Proposal amending the Text and Circulation Map of the General Plan. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of General Plan Amendment 83-4 proposing amendment of the Text and Circulation Map of the General Plan, and asked staff to report and give recommendations. Mr. Rubel reported that the Planning Commission recommends approval of General Plan Amendment 83-4 and adoption of Resolution No. 83-85. General Plan Amendment 83-4 consists of two steps, General Plan Amendment 83-4(a) and General Plan Amendment 83-4(b). GPA 83-4(a) deals with the Circulation Element of the General Plan and GPA 83-4(b) deals with development stan- dards in the Country Club Heights area. General Plan Amendment 83-4(a) proposed to change vehicular traffic cor- ridor classifications due to certain topographic constraints. The purpose is to minimize impacts on existing commercial, residential and industrial development. The proposed changes will lessen the impacts upon the envir- onment because of proposed reduced widths for some major streets. The following list identifies the proposed corridor classifications and limits: 266 Page five City Council Minutes December 27, 1983 PUBLIC HEARINGS - Continued. 33. General Plan Amendment 83-4 - Proposal amending the Text and Circulation Map of the General Plan - Continued. Lakeshore Drive - Main Street to Riverside Drive from 881-64' to 801 -641 . Lakeshore Drive - Riverside Drive to Robb Road from 1101-861 to 1 001 -76 1 . Pottery Street - Casino Drive from Chaney Street to Ma1aga Road ... 1001-761 to 801-641. Railroad Canyon Road - Casino Drive to Mission Trail from 1001-761 to 1101-86. Collier Avenue - Central Avenue to Riverside Drive from 661-621 to 1 00 1 -76' . Riverside Drive - Collier Avenue to Gunnerson (Strickland Avenue) from 661-621 to 100'-761. General Plan Amendment 83-4(b) proposes to amend the Land Use Element of the General Plan by a revision to Special Purpose Designation Standard No. (17), presently entitled IICountry Club Heights Planned Districtll to be Retitled 11(17) Planned District which includes the Three Country Club Heights Locations with some Adjacent Areas. II The revision is intended to emphasize more the need to be innovative and flexible in applying grading, roadway and development standards because of the extreme variations in the topography. The prohibition for sewer extension is proposed to be eliminated. Staff recommends approval of General Plan Amendment 83-4. The City Clerk stated that no correspondence has been received by the City C1erk1s Office regarding this project. Mayor Unsworth opened the public hearing at 8:07 p.m. asking those in favor of General Plan Amendment 83-4 to speak. No one asked to speak. Mayor Unsworth asked those in opposition to General Plan Amendment 83-4 to speak. Dick Knapp, 29690 Dwan Drive, in the Country Club Heights area, asked for clarification of General Plan Amendment 83-4(b). and if the area was to be down-zoned. Mr. Rubel explained that there would be no change in the zoning, however, in working with developers, it has become apparent that it is, in most cases, impossible to develop any of the lots in this hilly area and still conform to our existing grading ordinance and street width requirements. Approval of this amendment would allow staff to develop an ordinance for Council approval, which would allow individual consideration of building sites. This would allow for development while retaining the beauty of the hillsides. Also, this is necessary in order to protect substantial property rights. William S. Buck stated he was not in opposition to the amendment but would like to know if there would be any change in zoning. Mr. Trevino stated there would be no change. Zone changes would have to be heard by the Planning Commission and approved by City Council. This would give staff more flexibility and puts developers and owners on notice that'they can be more creative in their ideas. Staff decisions could be appealed to Council. ..... Marshall Raynor, KOR Company, representing a client who is anxious to build in the Country Club Heights area, stated he is in favor of the ... amendment but would like guidance on what channels to follow in order to assure approval of a project prior to encountering large expenses. Mr. Trevino explained that each project would be evaluated by staff and staff would meet with the developer. Dick Murphy, 29362 Swan, asked if this amendment had to do with on-site improvements or with the present hillside ordinance. Mr. Trevino stated the present ordinance is very restrictive. This amendment would allow more flexibility. Mayor Unsworth closed the public hearing at 8:27 p.m. 261 Page six City Council Minutes December 27, 1983 PUBLIC HEARINGS - Continued. 33. General Plan Amendment 83-4 - Proposal amending the Text and Circulation Map of the General Plan - Continued. Lengthy Council discussion ensued regarding the proposed change of width of Collier Avenue to 100 feet. The portion of Collier Avenue which is a State Highway is required by Cal Trans to be 100 feet wide. The easterly portion of Collier is not a State Highway and the 100 foot width is not required. There is an alignment problem and the centerline has not been determined,which is necessary in order to obtain property dedications. Also, the Santa Fe Railroad right-of-way runs along a portion of Collier. Moved by Torn, seconded by Knight to approve General Plan Amendment 83-4. Motion Failed. ~ ~ ~ ~ ~ ~ ~ Ayes: Torn Noes: Knight, Mac Murray, Valenzuela, Unsworth Mr. Porter suggested a recess at the end of the public hearings in order to make revisions to the General Plan Amendment Resolution. Mrs. Valenzuela stated that a study session should be scheduled when Council is to hear a complicated issue such as General Plan Amendment 83-4. 34. General Plan Amendment 83-5 - Proposal to amend the General Plan Land Use Element from Medium Density to High Density for 4.96 Acres. Mayor Unsworth announced that this was the time and place for a public hearing pursuant to the application of General Plan Amendment 83-5 and -- asked staff to identify the project and give staff recommendations. Mr. Trevino reported that General Plan Amendment 83-5 - William S. Buck - is a proposal to change the Land Use Element from Medium Density to High Density, at the Southwest intersection of Lincoln and Flannery. The amend- ment would change the density of the property from Medium Density Residen- tial (6.1 to 12.0 dwelling units per acre) to High Density Residential (12.1 to 32 dwelling units per acre). After a field survey, staff has determined that the higher density designation is compatible with surroun- ding land usage and would be appropriate. The Planning Commission recommends approval of General Plan Amendment 83-5 and Resolution No. 83-85. The City Clerk stated that no correspondence has been received by the City Clerk's office regarding this project. Mayor Unsworth opened the public hearing at 8:47 p.m. asking those in favor of General Plan Amendment 83-5 to speak. William S. Buck, the applicant, stated that he concurs with staff recom- mendations and will answer any questions Council may have. Mayor Unsorth asked those in opposition to General Plan Amendment 83-5 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:48 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 83-5. 35. General Plan Amendment 83-6 - Proposal to amend the General Plan Land Use Element from Medium Density to High Density for 1.21 Acres. Mayor Unsworth announced this was the time and place for the public hearing pursuant to General Plan Amendment 83-6 and asked staff to identify the project and give staff recommendations. Mr. Trevino reported that General Plan Amendment 83-6 proposes to change Land Use Element from Medium Density to High Density at Joy Avenue approx- imately 500 feet west of the intersection of Riverside Drive. 268 Page seven City Council Minutes December 27, 1983 PUBLIC HEARINGS - Continued. 35. General Plan Amendment 83-6 - Proposal to amend the General Plan Land Use Element from Medium Density to High Density for 1.21 acres - Continued. Planning Commission recommends approval of General Plan Amendment 83-6 subject to twelve conditions. Proponents of General Plan Amendment 83-6 Reden, Incorporated, are requesting a change from Medium Density (6.1-12.0 dwelling units per acre) to High Density (12.1-20 dwelling units per acre). Staff has reviewed this proposed change and finds it is compatible with surrounding land uses and in conformance with the General Plan. The City Clerk stated that no correspondence has been received by the City Clerk's office regarding this project. Mayor Unsworth opened the public hearing at 8:51 p.m. asking those in favor of General Plan Amendment 83-6 to speak. Gregg Reden, one of the property owners, stated that they are pleased with staff recommendations and offered to answer any questions Council may have. -- Mayor Unsworth asked those in opposition to General Plan Amendment 83-6 to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:52 p.m. Mr. Torn stated that he felt Condition No. 13 - Pay Public Safety Fees - should not be deleted. He recommended requiring applicants pay Public Safety Fees of 2/9 of $250 - Police, and 2/9 of $.15 per gross floor area - Fire. Also, Condition No.6 - Pay equitable drainage fee in the amount of 2/9 of $5,000, and Condition No. 11 - Pay equitable share for traffic mitigation impact fee in the amount of 2/9 of $2,000 should be included as a requirement. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ... GENERAL PLAN AMENDMENT 83-6 SUBJECT TO THE FOLLOHING FIFTEEN (15) CONDITIONS: 1. Existing right-of-way on Joy Street is 60 feet. No additional right- of way is required. 2. Install curb and gutter on Joy Street per approved street improvement plans on file in City Engineer's office. 3. Construct standard sidewalk to match existing sidewalk separated from curb line by parkway. Construct standard driveway approaches to City Standards as shown on approved grading plan. 4. Construct asphalt paving to City Standards on Joy Street (T.I. = 6.5). Some paving exists on Joy Street. Tests must show that existing paving is to City Standards and will support the traffic index. 5. Provide City Engineer with a preliminary and final soils report to include street design. Provide grading certification. 6. Pay equitable drainage mitigation fee in the amount of 2/9 of $5,000.00. 7. Provide street lighting per approved plans. 8. Existing sewer facility is in Joy Street. Applicant to conform to City Standards and specifications for connection to City sewer system. Provide cleanout at property line. 9. Provide to City a water availability letter from serving agency. 10. Provide written assurance that the County Fire Department requirements (to include fire protection and fire hydrant locations) have been com- plied with. There is an existing fire hydrant adjacent to and north- westerly of the subject property. - 269 Page eight City Council Minutes December 27. 1983 PUBLIC HEARINGS - Continued. 35. General Plan Amendment 83-6 - Proposal to amend the General Plan Land Use Element from Medium Density to High Density for 1.21 acres - Continued. 11. Pay equitable share for traffic mitigation impact fee in the amount of 2/9 of $2.000.00. -- 12. Pay Capital Improvement fees: Street Storm Drain Park Sewer - $ .03 per square foot of lot area - $ .02 per square foot of lot area - $ .10 per square foot of building area - $ 420.00 for each residential unit. 13. Pay Public Safety Fees: ~ Y) l"- -:> ,~ ~ Police Fire - 2/9 of $250.00 for each residential unit - 2/9 of $ .15 per gross floor area. Dedicate subsurface water rights to the City of Lake Elsinore. Provide letter of consent to assist City in forming a Lighting and Landscaping District. Council recessed at 8:59 p.m. 14. 15. Council reconvened at 9:30 p.m. Mr. Porter reviewed suggested revisions to Resolution No. 83-85. -- General Plan Amendment 83-1 - Add Paragraph 6 - Finding of no significant impact upon environment and issuance of negative declaration. General Plan Amendment 83~3 - Add Paragraph 5 - Owner to comply with City Flood Plane Management Ordinances and - Add Paragraph 6 - Finding of no significant impact upon environment and issuance of negative declaration. General Plan Amendment 83-4(a) - Delete Paragraphs 5 and 6 - Collier Avenue and Riverside Drive. Paragraph 7 - Change to Paragraph 5 Add Paragraph 6 - Finding of no significant impact upon environment and issuance of negative declaration. MOVED BY MAC MURRAY. SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 83-4(a) SUBJECT TO REVISIONS. General Plan Amendment 83-4(b) - Add Paragraph 8 - Finding of no significant impact upon environment and issuance of negative declaration. MOVED BY VALENZUELA. SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE GENERAL PLAN AMENDMENT 83-4(b) SUBJECT TO REVISIONS. General Plan Amendment 83-5 - Add Paragraph 7 - Finding of no significant impact upon environment and issuance of negative declaration. General Plan Amendment 83-6 - Add Paragraph 6 - Finding of no significant impact upon environment and issuance of negative declaration. 270 Page nine City Council Minutes December 27, 1983 PUBLIC HEARINGS - Continued. 35. General Plan Amendment Resolution No. 83-85 - Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-85 AS AMENDED. RESOLUTION NO. 83-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT AND THE CIRCULATION ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE THIRD CYCLE OF THE CALENDAR YEAR OF 1983. .... 36. Annexation of certain uninhabited territory to the City of Lake Elsinore known as Annexation No. 31 - Ramsgate II - Butterfield Development Corp. Mayor Unsworth announced this was the time and place for a public hearing pursuant to Annexation No. 31 to the City of Lake Elsinore, and asked staff to identify the property or issue and give recommendations. Mr. Trevino gave background on Annexation No. 31, sponsored by Butterfield Development Corporation, represented by FORMA, and consisting of approximately 82 acres of uninhabited territory. The City Council adopted Resolution No. 83-69 on October 25, 1983, ordering the annexation of this territory, however, LAFCO has requested a public hearing be held on subject territory. A new resolution has been prepared which rescinds Resolution No. 83-69 and states that a public hearing was conducted in accordance with Government Code Section 35204. Adoption of this resolution is'the final step in the annexation proceedings. After an approved certified copy of this resolution is distributed to LAFCO and the annexation proponents, the 82 acres of Annexation No. 31 will become part of the City of Lake Elsinore. Staff recommends adoption of this Resolution. '..- The City Clerk reported no correspondence has been received by the City Clerk1s Office regarding this project. Mayor Unsworth opened the public hearing at 9:36 p.m. asking those in favor of Annexation No. 31 to speak. No one asked to speak. Mayor Unsworth asked those in opposition to Annexation No. 31 to speak. Eugene Carter, 109 Lowell Street, spoke in opposition to Annexation No. 31. Mayor Unsworth closed the public hearing at 9:45 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-86 DECLARING AND ORDERING ANNEXATION NO. 31. RESOLUTION NO. 83-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DECLARING AND ORDERING CERTAIN TERRITORY KNOWN AS ANNEXATION NO. 31 TO BE ANNEXED TO THE CITY OF LAKE ELSINORE AFTER PUBLIC HEARING AND CITING REASONS A~D AUTHORITY THEREFORE AND RESCINDING RESOLUTION NO. 83-69. BUSINESS ITEMS .... 51. Non-Permanent Encroachments in the Public Right-Of-Way - City Attorney Report. Mr. Porter stated that his report also related to Consent Calendar Item No.6 and Business Item No. 53 - Request for Church Directional Sign. Mrs. Valenzuela stated that she would like to request these items be con- tinued and a study session be scheduled with Staff and Council, because the staff reports are incomplete. She suggested that applicants who have requested encroachments in the public right-of-way be present at this study session. 211 Page ten City Council Minutes December 27, 1983 BUSINESS ITEMS - Continued. 51. Non-Permanent Encroachments in the Public Right-Of-Way - City Attorney Report - Continued. -- MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO CONTINUE ITEMS 51 AND 53 (INCLUDES ITEM NO.6) AND SCHEDULE A STUDY SESSION WITH STAFF AND APPLICANTS. 52. Council concurred to schedule Encroachment Study Session for Wednesday, January 4, 1984 at 7:00 p.m. Public Safety Impact Mitigation Fees - City Attorney Report. Mr. Porter reported that on January 11,1983, Council adopted Resolution No. 83-4 establishing Public Safety Impact Mitigation Fees for projects subject to discretionary approval. It has since become evident that the Resolution should be rewritten to explicitly cover recreation and other projects in addition to residential, commercial or industrial projects. ~ 00 ~ ~ o o - The proposed resolution adopts the same fees as were previously established, and also clarifies that all uses subject to discretionary approval, such as recreational uses, are to pay Public Safety Impact Mitigation Fees, which will be established by Staff, taking into consideration all relevant factors. Mr. Porter recommended adoption of the proposed resolution which merely clarifies prior Council policy and does not represent any change or increase in Public Safety Impact Mitigation Fees. Mr. Torn questioned Paragraph II B of the resolution. Mr. Porter concurred that there was an apparent typographical error and recommended changing Paragraph II - Fire Prevention and Suppression Services B. - Commercial/Industrial Units - Fire Area 7 - Change to $ .05 per gross floor area. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 83-87 - PUBLIC SAFETY I~lPACT MITIGATION FEES, WITH CORRECTION. RESOLUTION NO. 83-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING PUBLIC SAFETY IMPACT MITIGATION FEES FOR LAND USE PROJECTS SUBJECT TO DISCRETIONARY APPROVAL. 53. Request for Church Directional Sign. Mayor Unsworth stated this item, along with Item 51 was continued to the Encroachment Study Session scheduled for Wednesday, January 4, 1984 at 7:00 p.m. 54. Resolution Authorizing Angle Parking on Poe Street. Mr. Rubel reported that he had received a letter from Larry Antista, First Christian Church, requesting angle parking across the Poe Street frontage of the church property, northerly of Heald Avenue. The angle parking is proposed along the west side of the street. Parallel parking would con- tinue along the east side. There remains two ll-foot travel lanes. Staff recommends approval of this request and adoption of Resolution No. 83-88. Council discussion ensued regarding the proposed angle of the parking, the flow of traffic and possible conflict with adjacent school property when buses load and unload students. Larry Antista, Pastor of First Christian Church, spoke in favor of the request and answered Council questions. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED TO APPROVE RESOLUTION NO. 83-88 ESTABLISHING ANGLE PARKING ON POE STREET, NORTHERLY OF HEALD AVENUE. AYES: KNIGHT, MAC MURRAY, UNSWORTH NOES: TORN, VALENZUELA 272 Page eleven City Council Minutes December 27, 1983 BUSINESS ITEMS - Continued. 54. Resolution Authorizing Angle Parking on Poe Street - Continued. RESOLUTION NO. 83-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ANGLE PARKING ON POE STREET NORTHERLY OF HEALD AVENUE. - 55. Request for Deferral of Improvements - Alexander Wood - Roadrunner. Mr. Rubel reported that the Conditional Use Permit for this project was originally approved on August 10, 1982 and was subject to 24 conditions. On December 16, 1983, Mr. Wood submitted a request for deferral of two of those conditions, related to landscaping improvements and construction of street and block wall improvements. Staff recommends approval of deferral of landscaping improvements for three months and deferral of street and block wall improvements. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS TO DEFER LANDSCAPING IMRPOVEMENTS FOR THREE (3) MONTHS AND DEFER STREET AND BLOCK WALL IMPROVEMENTS AT ROADRUNNER RV PARK, 32500 RIVERSIDE DRIVE. 56. Deferral of Off-Site Imrpovements - Day-Care Center - Riverside Drive and Richard Street. Mr. Rubel reported that the Day-Care Center located at Riverside Drive and Richard Street was approved by Council on October 11, 1983, subject to twenty (20) conditions. A letter dated October 23, 1983 has been submitted requesting deferral of off-site improvements. Staff recommends approval of request for deferral of off-site improvements subject to the installation of a street light at the intersection of Riverside Drive ... and Richard Street. Dick Murphy, representing the developer, Michael Maltby, answered Council questions and stated that the developer will sign an agreement with the City for deferral of off-site improvements. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE REQUEST FOR DEFERRAL OF OFF-SITE IMPROVEMENTS FOR DAY-CARE CENTER AT RIVERSIDE DRIVE AND RICHARD STREET SUBJECT TO: INSTALLATIOfrOF-.~ STREET LIGHT AT INTERSECTION, CONDITION NO. 9 - ADD IIAPPLICANT SHALL MAINTAIN VEHICULAR ACCESS, AND ADD CONDITION NO. 21 - IIAPPLICANT TO PAY FOR 'NO PARKING' SIGNS. 57. Agreement with Fred Stokes for Sewer Service - 18135 Lakeshore Drive. Mr. Rubel reported that Mr.Stokes applied for permission to connect a pump temporary sewer service line across Lakeshore Drive into an existing manhole at Matich Street. Staff is proposing a master sewer plan in Lakeshore Drive and suggesting that Mr. Stokes should contribute towards the future master sewer plan. Also, before allowing the temporary pump connection across Lakeshore Drive, Mr. Stokes should record a bonded lien agree- ment to guaranty a payment of $5,000.00 to implement the future master sewer plan for this area. The agreement has been approved by the City Attorney and Mr. Stokes has indicated agreement. Council discussed various aspects of the agreement and consensus was to amend agreement to state that future use of the property shall be restricted to commercial or recreational use only, not residential. - Mr. Stokes addressed Council and stated that he had checked with insurance companies and found the cost for bonding is $500.00 per year. He felt this was prohibitive and could not afford this expense. He and Council discussed various alternatives. Mr. Torn suggested that the City could record a $5,000.00 note against the property. Consensus was to direct Mr. Porter to prepare amended agreement and prepare necessary paper work and bring back to Council at the next meeting. 'J II -.iL.. ~. ...J' Page twelve City Council Minutes December 27, 1983 BUSINESS ITEMS - Continued. 58. Appeal of Planning Department Decision - Stephen Hand Mr. Trevino reported that he had received a letter from Mr. and Mrs. Hand requesting this appeal be continued to the meeting of January 10, 1984. Council consensus was to continue appeal to January 10, 1984. EXECUTIVE SESSION ~ Xl l"- I"":) C~ o Council adjourned to Executive Session at 10:55 p.m. Council reconvened at 11:32 p.m. Mayor Unsworth reported the following subjects were discussed: 1. De-annexation request by Corydon Street property owners. Information will be referred to LAFCO. 2. Grievance filed by City Employee's Union regarding day off prior to the Christmas and New Year Holidays. Referred to Union for possible arbitration action. REPORTS AND RECOMMENDATIONS Mr. Porter reported the birth of his fourth daughter, Kendra Lynn, on December 24, 1983. Mr. Knight asked if the City Fire Rating has been checked into. Mr. Trevino stated that he had a meeting with Terry Schmutz and Bill Clayton on Fire Protection in general but did not discuss the City fire rating. When the next meeting is scheduled, probably in January, this can be discussed. Mayor Unsworth suggested Mr. Trevino write a letter to the Pacific Fire Rating Bureau asking for a review of our fire rating. Mr. Trevino will follow-up. Mr. Knight suggested a divider be placed down the center of Main Street with left- turn lanes at intersections. This would allow more travel space for each lane, eliminate IU1 turns on Main Street and would look attractive. Staff will follow-up. The median strip should extend from Franklin Street to Prospect Street. Mr. Knight asked about the vacant, boarded-up houses along Lakeshore Drive. Many have been there for almost four years. How long must we wait before they can be abated. Staff wi 11 folllow-up. Mayor Un~worth announced that Mrs. Valenzuela has been appointed to the League of California Cities Administrative Services Committee. Mayor Unsworth stated that some members of the Planning Commission have asked what has happened with the Lakeshore Overlay Zone. Mr. Torn will follow-up. Mayor Unsworth stated that the Neighborhood Watch cars have been operating since Friday, December 23 and have been responsible for apprehending some burglars. Currently, only nineteen people are working and the program needs fifty to be effective. He urged volunteers to sign up at the Sheriff's Department. ADJOURNMENT MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11:48 P.M. ATTEST: .: ;.:,,) -' J..,'---"'- _'~- J~-tG:~u N~'tORf~,""~AYO;RG-~iK CITY OF LAKE ELSINORE