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HomeMy WebLinkAbout10-09-1984 City Council Minutes - o o (Y) w CD <( - - 73 MINUTES REGULAR CITY COUNCIL MINUTES CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order by Mayor Valenzuela at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Strigotte. ROLL CALL PRESENT: ABSENT: COUNC ILMEMBERS: COUNC ILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NONE Also present were: City Manager Molendyk, Assistant City Manager Norton, City Attorney Harper, Community Development Director Corcoran, City Engineer Culp, Finance Director Barrick, RDA Administrator Modesti and City Clerk Money. PUBL IC COMMENTS 1. Virginia Harris, Lake Elsinore, commented in support of the Council and against the recall movement. 2. Ron Bryning, Commander of the Neighborhood Watch Patrol, gave a report on the organization. Neighborhood Watch has been in existence for approximately eleven months. There are currently twenty-eight members who patrol in two vehicles provided by the City, and have donated approximately 3040 man-hours to the patrol. Twenty-one new applicants will start training on October 22, and he urged anyone who is interested in serving the community to sign up at City Hall. 3. Frank Cooper, 17092 Grand Avenue, Lake Elsinore, read predictions of a very wet winter, from a publ ication entitled IIWestern Weatherll. PRESENTATIONS AND PROCLAMATIONS A. Councilman Strigotte presented a Certificate of Appreciation to Lyn Tontz, who assisted in personnel screening related to hiring of the new City Manager. B. Mayor Valenzuela read a Proclamation proclaiming October, 1984 as IINationa1 Crime Prevention Monthll. C. The Lake Elsinore Little League presented an award to Mayor Valenzuela for her sponsorship and support. CONSENT CALENDAR The following items were removed from the Consent Calendar for further considera- tion and discussion: Item Numbers 3, 13 and 14. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes a. September 25, 1984 - Regular Council Meeting - Approved. b. September 27, 1984 - Adjourned Council Meeting - Withdrawn. 2. Received and filed Building Division Monthly Activity Report - September, 1984. '1 ~age two City Council Minutes October 9, 1984 CONSENT CALENDAR - Continued. 4. Approved request of the Downtown Business Association to hold a Sidewalk Sale on October 27, 1984 from Noon until Dusk, in the downtown business area. 5. Approved Resolution of Intention to vacate cul-de-sac identified as Lot A, Parcel Map 8247. RESOLUTION NO. 84-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO VACATE LOT A OF PARCEL MAP 8247, FIXING A TIME AND PLACE OF HEARING TO ALL PERSONS INTERESTED OR OBJECTING TO THE PROPOSED VACATION, PROVIDING FOR PUBLISHING AND POSTING PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. - 6. Approved Resolution prohibiting parking on the northwest side of Grand Avenue, from Ortega Highway northwesterly one~thousand feet. RESOLUTION NO. 84-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF GRAND AVENUE, STATE ROUTE 74, WITHIN THE CITY OF LAKE ELSINORE. 7. Approved Resolution amending agreement with Riverside County amending agreement for law enforcement services and adding fifty-four hours per week of police services. RESOLUTION NO. 84-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDMENT TO CONTRACT FOR LAW ENFORCE- MENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND THE CITY OF LAKE ELSINORE. - 8. Approved agreement with County of Riverside for Title IIIB funds under the Older American Act of 1965, for fiscal year 1984/85. 9. Approved agreement with Willdan Associates for engineering services including preparation of plans, specifications and contract documents for soliciting bids for installing a pump and motor unit on the City water well, and authorized Mayor to execute the agreement on behalf of the City. 10. Approved the Job Training Partnership agreement with the County of Riverside and authorized execution. 11. Approved 'Request for Proposal '(RFP) for study to finance police, fire and flood control protection through the Mello Roos Community Facilities Act. 12. Approved revenue sharing regulations as follows: a. Grievance procedure for complaints alleging handicapped discrimination, b. Self-evaluation checklist and transition plan for structural changes in areas of non-compliance. 15. Received and Filed status report on lien agreements for street improvements along Lakeshore Drive from Illinois to Iowa Street. 16. Received and filed status report on grant program - Office of Traffic Safety. 17. Authorized City Attorney to obtain appraisals of City property and Crowbar Auto Wrecking Outflow Channel property, and appropriated necessary funds. - - o o (Y) w CD <[ - - 15 Page three City Council Minutes October 9, 1984 CONSENT CALENDAR - Continued. 18. Rejected and referred Claim No. 84-18 - Reynolds, Billy Bob Jr. and Cynthia Jean. 19. Set October 23, 1984 as public hearing date for Conditional Use Permit 84-11 - 32383 Corydon Road. 20. Set November 13, 1984 as public hearing date for Zone Change 84-9 - West of Intersection of Dexter and Second Street. ITEMS R~10VED FROM CONSENT CALENDAR 3. Warrant List - September, 1984 - Mr. Vermillion asked if items on the warrant list represented amounts that had already been paid. Ms. Barrick responded that these warrants have been paid and the report is presented for Council ratification. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO APPROVE WARRANT LIST FOR THE MONTH OF SEPTEMBER, 1984, TOTALING SIX-HUNDRED-TWENTY-SIX-THOUSAND THREE-HUNDRED-TWENTY-EIGHT DOLLARS AND FORTY-SEVEN CENTS ($626,328.48). AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION 13. Letter of Resignation and Settlement Agreement - Robert Trevino Mr. Vermillion stated he is opposed to Council's handling of Mr. Trevino's resignation and the settlement agreement. He read portions of a document which he stated was written by his personal attorney after reviewing the settlement agreement. The attorney's opinion was that the agreement contains passages which are unlawful. He advised Mr. Vermillion not to disclose any of the charges against Mr. Trevino at a public meeting, since he is unclear as to whether or not this is public information. Mr. Strigotte asked to examine the document Mr. Vermillion had read from. Mr. Vermillion refused to allow anyone to examine the writing and would not disclose the author. Mr. Harper advised Council that the settlement is legal and there is no basis in fact in the information which Mr. Vermillion read. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO ACCEPT MR. TREVINO'S LETTER OF RESIGNATION AND RATIFY THE SETTL~1ENT AGRE8~ENT. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION 14. Resolution No. 84-59 - Approving Appointment of City Manager - Ron Mo1endyk. Mr. Matson referred to Page 2, Paragraph 3.0. and requested typographical error De corrected - $110,000 should be changed to $100,000 Term Life Insurance Pol icy. Mr. Knight requested that the word "Council" be added after "City" in Paragraphs 8 and 9. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 84-59 APPOINTING RON MOLENDYK AS CITY MANAGER, SUBJECT TO CORRECTIONS TO PARAGRAPHS 3.0., 8 AND 9, AS STATED. RESOLUTION NO. 84-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPOINTING RONALD MOLENDYK AS CITY MANAGER. 76 Page four City Council Minutes October 9, 1984 BUSINESS ITEMS (Out of Order) 60. Cooperative Agreement to Provide Hazardous Material Incident Response Services Riverside County Fire Department. Mr. Norton reported that this agreement is part of a newly organized County- wide program to give assistance regarding hazardous material incidents. Cities in Riverside County have been asked to cooperate with the County in sharing the costs involved. Based on assessed valuation and population density, the City's share would be three-thousand-seven-hundred-three dollars ($3,703.00). --- Staff recommends approval of the agreement. Battalion Chief Pat Kerrigan addressed Council and explained that Riverside County has been approved by the Department of Health Services to receive a hazardous materials unit to be used throughout the County. Fire Department personnel have addressed various City Councils asking for their support. If necessary financial support is forthcoming, the unit will be placed in Beaumont around November 1, 1984. Chief Korregan urged Council to approve the appro- priation of $3,703 in order to proceed with this important project. MOVED BY MATSON, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE HAZARDOUS MATERIAL INCIDENT RESPONSE SERVICES AND APPROPRIATE THREE-THOUSAND-SEVEN- HUNDRED DOLLARS ($3,703) FROM UNAPPROPRIATED FUNDS PORTION OF THE BUDGET. BUSINESS ITEMS 51. Ordinance No. 717 - Lakeshore Overlay District - Second Reading. ORDINANCE NO. 717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.65, LAKESHORE OVERLAY DISTRICT, TO THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING CRITERIA FOR DEVELOPMENT, USES AND ACTIVITIES WITHIN THE LAKE SHORELINE AREA FOR ENHANCEMENT AND PRESERVATION OF THE NATURAL RESOURCES OF SAID ZONING DISTRICT AND GIVING AUTHORITY FOR ENFORCEMENT OF ILLEGAL TRESPASSING, LITTERING AND PARKING, INCLUSIVE, ALONG AND/OR WITHIN SAID DISTRICT, AND ESTABLISHING JUDICIAL PROCESS AND FEES TO BE IMPOSED TO VIOLATORS. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 717 UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE - 52. Ordinance No. 720 - Establishing a Public Safety Commission - Second Reading. ORDINANCE NO. 720 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A PUBLIC SAFETY COMMISSION, PROVIDING FOR THE APPOINTMENT OF MEMBERS AND PRESCRIBING THEIR DUTIES AND RESPONSIBILITIES. Mr. Strigotte requested City Manager review the ordinance and check on staff responsibilities. He recommended assistant staff of Planning and Engilleering ..... or Senior Code Enforcement be responsible for agendas and minutes of Public Safety Commission. City Manager was requested to bring back his recommen- dations. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 720 UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE - o o (Y) w (D <( - - Page five City Council Minutes October 9, 1984 77 BUSINESS ITEMS - Continued. 53. Ordinance No. 721 - Assessing Fines for False Alarms - Second Reading. ORDINANCE NO. 721 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 9.30.130 OF THE LAKE ELSINORE MUNICIPAL CODE AND ORDINANCE NO. 715, ASSESSING FINES FOR VIOLATIONS RELATING TO SECURITY ALARM SYSTEMS. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE SECOND READING OF ORDINANCE NO. 721 UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE 54. Ordinance No. 722 - Repealing Municipal Code Sections 2.04.050 and 2.04.060 Regarding Removal of City Manager - First Reading. ORDINANCE NO. 722 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 2.04.050 AND CHAPTER 2.04.060 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PROCEDURES BY WHICH THE CITY MANAGER MAY BE REMOVED FROM OFFICE. MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NO. 722 UPON THE FOLLOWING ROLL CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE 55. Ordinance No. 723 - Prohibiting Trespassing on Private Property - First Reading. ORDINANCE NO. 723 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 9.54, TRESPASSING ON PRIVATE PROPERTY, TO THE LAKE ELSINORE MUNICIPAL CODE, PROHIBITING TRESPASSING ON ALL PRIVATE PROPERTY WITHIN THE CITY LIMITS. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO REFER ORDINANCE NO. 723 TO CITY ATTORNEY FOR FURTHER REVIEW. Mr. Strigotte stated that this ordinance, as written, could contain wording which is in conflict with State law. Also, penalties for trespassing need to be added. AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE 56. Ordinance No. 724 - Regulating IISpecial Eventsll - First Reading. ORDINANCE NO. 724 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING, DEFINING AND GIVING GUIDELINES AND PERMIT PROCEDURES FOR IISPECIAL EVENTSII TO BE HELD OR COORDINATED WITHIN THE LIMITS OF THE CITY OF LAKE ELSINORE. Lengthy Council discussion ensued. The following amendments to the Ordinance were recommended: 1. Section Three - Change 'thirty (30) calendar days' to 'sixty (60) calendar days'. 78 Page six City Council Minutes October 9, 1984 BUSINESS ITEMS - Continued. 56. Ordinance No. 724 - Regulating IISpecia1 Eventsll - Continued. 2. Section Seven Change ITen dollars ($10.00) per hour' to lan, a,mount sufficient to cover all costs and benefits of City emp10yee'. 3. Section Nine - Add the words 'from the chief law enforcement officer of the City'. 4. Section Ten - Add the words 'sha11 be a misdemeanor punishable by a fine of up to $1,000 plus six months in jail for each day of vio1ation'. - MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO APPROVE FIRST READING OF ORDINANCE NO. 724, AS AMENDED, UPON THE FOLLOWING ROLL CALL VOTE: AYES: MATSON, STRIGOTTE, VERMILLION NOES: KNIGHT, VALENZUELA Mr. Vennill ion asked if Business Item Number 59 could be heard next. Council concurred. 59. Airport Environmental Impact Report. Mr. Corcoran reported that on September 25, 1984, Council directed staff to review Tentative Tract Map 19344 to address certain concerns. One of those concerns was an Environmental Impact Report regarding the Airport. Staff is looking for direction as to the extent of the Environmental Impact Report. This would relate directly to the intensity of activity envisioned at the Airport. Once the nature of Airport activities is detennined, staff can better address the extent of the Environmental Impact Report. - Discussion Discussion centered around whether or not Council wishes to allow an airport to exist at the old location. If Council determines they will allow an Airport, they must examine what affect it will have on homeowners and future development in the area. Mr. Vermillion was asked what hi~ status is with regard to the Airport. Mr. Vermillion replied that he was appointed to the Airport Advisory Committee, in connection with his work, he must fly out to suppliers, he would like to see the Airport established as an olympic center and he acts as the Airport owners agent in his absence. The owner spends a great deal of time out of the country. MOVED BY STRIGOTTE TO REMOVE MR. VERMILLION AS CHAIRMAN OF THE AIRPORT ADV ISORY COMtHTTEE AND APPOINT JOHN MATSON AND JAMES CORCORAN TO THE COMMITTEE TO REVIEW AIRPORT FEASIBILITY. MOTION DIED FOR LACK OF SECOND. Discussion continued. Mr. Vermillion left the Council table at 8:48 p.m. without explanation. Mr. Strigotte stated that there seems to be a conflict Of interest involving Mr. Vermillion and the Airport. He feels that by not removing Mr. Vermillion from the Airport Advisory Committee, we are condoning his actions. ... Consensus: Direct City Attorney to investigate possible conflict of interest of Mr. Vermillion, and appoint John Matson, James Corcoran and Ron Molendyk to the committee to investigate Airport feasibility. Mr. Harper stated he will seek a formal opinion from the Fair Political Practices Commission of the State of California. - o o (Y) W aJ <C - - 79 Page seven City Council Minutes October 9, 1984 BUSINESS ITEMS - Continued. 59. Airport Environmental Impact Report - Continued. Mr. Strigotte requested staff to transcribe tape from the Airport meeting held on August 7, 1984 and follow-up with the FAA and Cal-Trans Division of Aeronautics to determine if take-offs and landings at the Airport are illegal. If so, contact the local Sheriff's Department for enforcement of violations. 57. Resolution No. 84-60 - Intent to Annex - IILambert Annexation"- (Annexation No. 38). Mr. Corcoran reported this proposal is to annex one parcel totaling three acres, into the City of Lake Elsinore, located westerly of the intersection of Dexter Avenue and Second Street. Applicant has filed pre-zone change 84-9 to redesignate this area from County I-P (Industrial Park) to City M-l (Manufacturing District). Applicant is currently constructing two (2) indus- trial tilt-ups as a first phase of a business park. Planning Commission recommends approval of Edward Lambert's request for annexation of three (3) acres into the City of Lake Elsinore. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 84-60. RESOLUTION NO. 84-60 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. 38 -- LAMBERT ANNEXATION II . 58. Chip Sealing of Railroad Canyon and Lakeshore Drive - FAU Funding Potential. Mr. Culp reported that staff is requesting Council direction regarding method of funding of the chip seal project. On September 25, 1984, Council recommended FAU funds be utilized. He was informed that FAU will not fund standard chip seal process but will process a rubberized chip seal. If Federal funds are applied for, the construction could not begin until March or April of 1985. If the City funds the project, construction could be completed as early as November, 1984. One other consideration is that Southern California Gas Company has tentatively scheduled construction of a high pressure gas line in Railroad Canyon Road, from 1-15 Freeway to the City limits, for December, 1984. Staff recommends applying for FAU funding and allow Southern California Gas Company to complete their construction prior to the roadway improvements. Mr. Culp also recommended that Council direct staff to perform necessary preparatory road work and additional signing, striping and delineation until the proper improvements are constructed. Lengthy discussion followed regarding various aspects 6f-this-project. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNNAIMOUSLY TO DIRECT STAFF TO PROCEED WITH A DOUBLE CHIP-SEAL PROCESS ON RAILROAD CANYON ROAD AND LAKESHORE DRIVE. REPORTS AND RECOMMENDATIONS Mr. Corcoran 1. Reported that the State Department of Parks and Recreation is considering a request to waive muffler requirements on the lake for testing of motor boats. The proposal is to waive the requirements on Tuesdays and Wednesdays from 9:00 a.m. to 11:00 a.m. They have requested comments from the City regarding this request. Council concurred that they would not be in favor of this request. 8~age eight City Council Minutes October 9, 1984 REPORTS AND RECOMMENDATIONS - Continued. Mr. Mo1endyk 1. Suggested that Council authorize staff to go to bid on the chip-seal project for Railroad Canyon Road and Lakeshore Drive. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO GO TO BID FOR STREET IMPROVEMENTS TO RAILROAD CANYON ROAD AND LAKESHORE DRIVE. - Mr. Cu1p 1. Gave a status report on the outflow channel project. City crews have com- pleted spraying, dragging the channel and removing debris. Informal bids have been solicited and a Hemet firm will be doing aerial spraying of herbicide on the lower portion of the channel later this week. 2. Reported on the traffic signal at four corners.. A Ca1-Trans Traffic Engineer commented that a four-way stop sign is safer than a signal. He also stated that the signal will cost in excess of $120,000 and the City would have to commit approximately $70,000 of this amount. The signal would take a minimum of two years to complete. Ca1-Trans also requested copies of surveys which have been done and newspaper articles which would support the need for a traffic signal. Mr. Strigotte 1. Announced a joint meeting has been scheduled with County personnel, Planning Commissioners and City Council, for Wednesday, October 17, 1984 at 6:00 p.m. 2. Requested the City Attorney prepare a Code of Ethics for the City Council. 3. Requested the City Attorney and staff investigate the residency of Robert Vermill ion. It would appear his residence address is an airplane hangar with a commercial office building. Someone may be living there illegally. Also, determine if this residency qualifies him to hold a Council seat. - Mr. Knight 1. Reported that calves are being kept at the Chamber of Commerce Rodeo grounds. This was not approved as part of their Conditional Use Permit. He requested staff to fol10w~up. Mr. Matson 1. Commented that tonight Council approved an agreement with the County by which the County will provide job training to benefit local residents. He requested staff poll local firms to determine what type of training would be beneficial" based on the needs of local employers. This could be of benefit to local industry as well as residents. ADJOURNr>1ENT MOVED BY MATSON, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 9:25 P.M. ~d A VALENZUELA, A CITY OF LAKE ELSI - ATTEST: 8e~C1tY C erk