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HomeMy WebLinkAbout05-24-1983 City Council Minutes 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 ...