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HomeMy WebLinkAbout06-28-1983 City Council Minutes 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- ..... ,","':--- ~