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HomeMy WebLinkAbout04-14-1982 City Council Minutes 157 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING MINUTES WEDNESDAY, APRIL 14, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ,~ CALL TO ORDER The meeting of the City Council was called to order at 7:32 p.m. by Mayor Stewart. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Unsworth. ROLL CALL uo PRESENT: COUNCILMEN: MACMURRAY, TORN, UNSWORTH, STEWART 'JO ABSENT: COUNCILMEN: NONE t-- '"":) Also present were: City Manager Rede, City Clerk Harrington, City ~ Engineer Kicak and Public Works Director Blackford. Mayor Stewart announced the City has two new councilmembers, Arta Valenzuela and Larry Knight. Mayor Stewart thanked all the citizens for voting. CONSENT CALENDAR - Council asked that the following items be removed from the Consent Calendar: l-c, 3, 4, 5 and 12. MOVED BY TORN, 'SECONDED BY UNSWORTH, TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. . AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: MACMURRAY, TORN, UNSWORTH, STEWART NONE NONE 1. Minutes a. Special Meeting - March 18, 1982 - Approved as presented. b. Regular Meeting - March 23, 1982 - Approved as presented. c. Adjourned Meeting - June 2, 1981 - Removed from Consent Calendar. 2. Warrant List - Approved warrant numbers 15855 through 16056 for a total of $332,255.27. Also approved was check number 2885 of $4,330.13 to close water account and transfer funds to General Fund. Check number 115 was approved payable to Karen Whisenand in the amount of $250.00 for the balance of 81/82 Nursing Scholar- ship. 3. Community Center Heating/Air-Conditioning Bids - Removed from Consent Calendar. 4. Community Center Carpeting Bids - Removed from Consent Calendar. - 5. -Community Center Basketball Backstop Bid - Removed from Consent Calendar. 6. Tracts 13799 and 14586 - Released Bonds. 7. Tracts 18048 - Released Bonds. 8. Tract 18265 - Approved Final Map. 9. Building and Safety Activity Report - Received and filed. 10. Code Enforcement and Fire Safety/Housing Report - Received and filed. 11. Animal Control Activity Report - Received and filed. 158 ( f c Page two City Council Minutes April 14, 1982 CONSENT CALENDAR. Continued. 12. Resolution No. 82-22 - Approve Volunteer Fire Fighter Week. Removed from Consent Calendar. ITEMS REMOVED FROM CONSENT CALENDAR. l-C. Adjourned ~1eeting - June 2, 1981. Mr. Unsworth asked that Commissioner Barnhart's name be removed from being present at the time roll call was taken. - 3. Community Center Heating/Air Conditioning Bids - MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO USE BOTH RECOMMENDATIONS AS SUBMITTED BY STAFF AT THE CITY MANAGER'S DISCRETION. 4. Community Center Carpeting Bids MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AWARD THE COMMUNITY CENTER CARPETING BID RECOMMENDATION TO AWARD TO HERB EDWARDS INC. IN THE AMOUNT OF $19,270.00 WITH THE STIPULATION THAT THE LEAK IN THE BACK WALL BE CORRECTED. 5. Community Center Basketball Backstop Bids MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO AWARD THE BACKSTOP BID TO PROGRESSIVE SYSTEMS IN THE AMOUNT OF $4,619.20. 12. Resolution No. 82-22 - Volunteer Fire Fi'g-ht-er Week. Mayor Stewart read Resolution No. 82-22 proclaiming April 18 through 24, 1982 as Volunteer Fire Fighter Week. MOVEi BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY -- TO PROCLAIM APRIL 18 THROUGH 24, 1982, AS VOLUNTEER FIRE FIGHTER WEEK. PUBLIC HEARINGS 31. Weed Abatement. Mr. Rede reported that prior to the City conducting its annual Weetl Abatement Program, the City Council must first hold a public hearing. Mayor Stewart opened the public hearing. Mr. Stewart asked if anyone would like to speak in opposition to the Weed Abatement Program. No:one asked to speak. Mayor Stewart asked if anyone would like to speak in favor of the Weed Abatement Program. Mr. Tony Orvieta, resident of Lake Elsinore, spoke in favor of the Weed Abatement Program. Discussion ensued regarding extending the Weed Abatement Program to a year-round program. - 32. Conditional Use Permit #82-1. Small Boat Rental and Launching on Lake. 32310 Riverside Drive. Mr. Rede gave background information on Conditional Use Permit #82-1 based upon a report dated April 6, 1982. Staff and the Planning Commission recommended approval. Staff suggested the boats be one colo Mayor Stewart opened the public hearing. Mr. St€wart asked if anyone would like to speak in opposition to the Conditional Use Permit. No one asked to speak. ~, l.O ~ ~ 1-:) A o ......,..;;. ..-. 159 Page three City Council Minutes April 14, 1982 PUBLIC HEARINGS. Continued. 32. Conditional Use Permit #82-1. Continued. Mayor Stewart asked if anyone would like to speak in favor of the Conditional Use Permit. Mrs. Jordon, representing Mr. Hinkle, stated that Mr. Hinkle had an accident on the way to Lake Elsinore. He is presently in the hospital and would be unable to attend the meeting and could not be here for five days. Mr. Torn asked that the following areas be looked at more closely on this permit: 1. Frahchises on the lake perimeter 2. Parking Requirements 3. Off-sites, within the Conditional Use Process, should be addressed. 4. Restroom Facilities 5. Trash Receptacles 6. Sale of food and drinks 7. Cut and fills on the property 8. Requirements for additional landscaping Mrs. Jordon asked that this item be continued to April 27th. Council concurred to continued this ttem to April 27th, 1982. 33. Tentative Parcel Map #18434. 16750 Lakeshore Drive. Mr. Rede gave background information on the Tentative Parcel Map recommending approval subject to nine (9) conditions as outlined in Staff Report dated April 6, 1982. Mayor Stewart opened the public hearing asking if anyone would like to speak in opposition to the Tentative Parcel Map. No one asked to speak. Mayor Stewart asked if anyone would like to speak in favor of the Tentative Parcel Map. Mr. Dave Painter, representing the applicant, Petrolane Properties, Inc., stated he had no problems with the conditions. Mayor Stewart closed the publ ic hearing. Mr. Torn asked that the wording of condition #9 be changed by the City Attorney. Mr. Porter recommended condition #9 be changed to read as follows: A finding of conformity to the existing General Plan and all currently anticipated future General Plan Element to be adopted. Mr. Torn asked that the applicant install a bus shelter in front of the Stater Brothers Market, as condition #10. Mr. Painter did not have any objections. MOVED BY TORN, SECONDED BY MACMURRAY TO APPROVE TENTATIVE PARCEL MAP #18434. AYES: NOES: ABSENT: COUNCILMEM: COUNCILMEN: COUNCILMEN: MACMURRAY, TORN, UNSWORTH, STEWART NONE NONE '60 c c..........' l & Page four City Council Minutes April 14,1982 PLANNING COMMISSION 41. Set for Public Hearing: May 11, 1982 a . b. Conditional Use Permit #82-2. Wright. Conditional Exceotional Permit #82-1. A.B.C. Heritage, Inc. . Council concurred to set public hearing for 41-a and b. BUSINESS ITEMS - 51. Collier Avenue Realignment and Construction. Hobie~Rawlings Development. Mr. Rede stated the agreement was prepared by Hobie-Rawlings and reviewed by Mr. Porter Mr. Porter stated that he has provided Council with an amended agreement. Mr. Rawlings has reviewed the agreement and finds it agreeable. MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE TH.E REVISED DRAFT AGREEMENT AS OF APRIL 13, 1982, FOR THE REALIGNMENT AND CONSTRUCTION OF COLLIER AVENUE. 52. Extensions of Tentative Maps - Ordinance. Mr. Porter reported that the laws have changed regarding time extensions on maps as of January 1, 1982. Council concurred to bring this item back on the next agenda so that the new counci1members will be able to review and make comments on the proposed ordinance. 53. Time Extension Request - Parcel Map #16000. .... . Mr. Rede gave background information on the time extension request on a report dated April 6, 1982, recommending approval subject to four (4) additional conditions. Mr. Torn stated there are three (3) wells on the site and would like an easement to the wells. Mr.-Torn recommended condition #5 be added to include thatif there is a well on the property, that it be deeded to the City. Mr. Torn suggested Condition #5 read as follows: Any existing well sites on the subject property be offered for dedication to the City. MOVED BY TORN, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE PARCEL MAP #16000 TIME EXTENSION WITH FIVE CONDITIONS. 54. Lake Elsinore Frontier Day Parade. Mr. Rede asked that this item be conditioned for two weeks as the parade route has changed. Mr. Stewart reported that the Long Beach Mounted Police will be in the parade and will be hosted by Mr. Stewart and his two brothers. 55. Change Order No.1 - Water Line, Avenue 9 and Mill Street. - Mr. Kicak recommended approval of the Change Order No. 1 based upon the uncertainties regarding the hazards associated ~ith P.V.C.. The Change Order would require use of A.C. materials. MOVED BY TORN, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE CHANGE ORDER No.1, TO M.B.C. CONSTRUCTORS FOR THE WATER LINE ON AVENUE 9 AND MILL STREET. 161 Page five City Council Minutes April 14, 1982 BUSINESS ITEMS. Continued. 56. Change Order No.2 - Lincoln Street Improvements. Mr. Kicak recommended approval of the Change Order on Lincoln Street Improvements for the removal of one large pepper tree and four smaller trees. ........ MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED TO APPROVE CHANGE ORDER NO.2 FOR LINCOLN STREET IMPROVEMENTS. AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: MACMURRAY, UNSWORTH, STEWART NONE TORN 57. Planning Studies Contract with L. D. King. Mr. Rede gave background information on the contract proposal to with L. D. King for planning studies. The financial impact 00 would be no more than $11,500. ~ I~ MOVED BY UNSWORTH, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY C5 TO ACCEPT THE CONTRACT FOR PLANNING STUDIES WITH L. D. KING. 58. Community Center - One-Time Grant Funding for Kitchen Facilities Resolution No. 82-23. Mr. Blackford gave a brief background on the grant for kitchen facilities. The City will be matching funds in the amount of 10% - $5,233.95. The Office on Aging will be providing funds in the amount of $47,105.57. The total cost is $52,339.52. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION NO. 82-23, SIGNIFYING ITS INTENTION TO SUBMIT A REQUEST FOR SPECIAL ONE-TIME FISCAL YEAR 81-82 TITLE III FUNDING FOR KITCHEN FACILITIES AT THE LAKE COMMUNITY CENTER. 59. Notification Fee - Resolution No. 82-24. Mr. Rede reported that this item needs to be advertised as a public hearing. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO SET FOR PUBLIC HEARING FOR MAY 11, 1982. 60. State Department of Health Services Permit Application. Mr. Kicak gave background information on the permit application with a resolution authorizing the City Manager to submit to the State Department of Health Services. It is a requirement that the City manke application to the State Health Department for use of the well on Machado and receive an amended permit. MOVED BY TORN, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE THE APPLICATION AND RESOLUTION. - 61. Amendments to Title 17: Zoning Ordinance. Mr. Rede gave background information on the proposed ordinance modification which would add two (2) sections to the Zoning Ordinance, amend one (1) section, and eliminate another. The additions to the Zoning Ordinance would provide the following: 1. Home occupation (businesses) as a permitted use within all residential districts; and 2. A section in each commercial and manufacturing district informing the reader the Lake Elsinore Redevelopment Agency has adopted Development Standards which may affect their project. 162 c (.~ ~. . [ Page six City Council Minutes April 14, 1982 BUSINESS ITEMS. Continued. 61. Amendments to Title 17: Zoning Ordinance. Continued. The one section to be amended would allow the Planning Director rather than the Planning Commission, to approve uses deemed to be similar and not more detrimental than those specially listed in each commercial and industrial zone. The one section to be eliminated is that part of the CP (Commercial Park) district that provides parking requirements in conflict with those provided by the new Parking Ordinance. Mr. Torn read the title of the Ordinance. .... ORDINANCE NO. 637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING PORTIONS OF ORDINANCES NO. 349, 620, 514, 480, 445, 442 AND PORTIONS OF TITLE 17, LAKE ELSINORE MUNICIPAL CODE. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING. AYES: NOES: ABSENT: TORN, MACMURRAY, UNSWORTH, STEWART NONE NONE COUNCILMEN: COUNCILMEN: COUNCILMEN: 62. Proposal of Assessment District Boundary Change, Assessment District No.1. Mr. Kicak recommended that the City Council authorize the staff to investigate the possibility of Assessment District No.1 boundary adjustment and any subsequent requests should be looked at very closely. --- MOVED BY TORN, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION. 63. Mandatory Refuse Collection Policy/Commercial Rate Analysis - Mr. Rede recommended that Council reaffirm the mandatory refuse collection policy, providing for limited exemptions due to service impossibility. The present policy does not permit deviation from the mandatory collection policy. However, due to the terrain of areas within the city, limited exemptions would be permitted upon the approval of the Finance Director and City Manager. Mr. Rede stated that this could include commercial areas as well as residential. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO REAFFIRM THE MANDATORY REFUSE COLLECTION POLICY, PROVIDING FOR LIMITED EXCEPTIONS DUE TO SERVICE IMPOSSIBILITY. Property Tax Refund Litigation Mr. Porter gave a brief background on the Property Tax Refund and recommended that Council approve the resolution designating the County of Riverside as agent for service of process and __ to provide defense for the City. The Resolution would be No. 82-27. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION DESIGNATING THE COUNTY OF RIVERSIDE AS ITS AGENT FOR SERVICE OF PROCESS FOR ACTION FOR REFUND OF CITY PROPERTY TAXES AND FURTHER PROVIDING FOR SUCH ACTIONS TO BE DEFENDED BY THE COUNTY COUNSEL AND DIRECT STAFF TO SET ASIDE $2,000 IN THE NEXT FISCAL BUDGET FOR THIS PURPOSE. COUNCIL RECESSED AT 8:58 P.M. 64. COUNCIL RECONVENED AT 9:16 P.M. 163 Page seven City Council Minutes April 14, 1982 OFF~AGENDA ITEMS 1. Citizens Request - Don Summers Council concurred to have the City Attorney research Mr. Summers request. ~ 2. Resolution authorizing E.V.M.W.D. to proceed with the formation of an Assessment District #79-1. Mr. Rede reported that E.V.M.W.D. is having a meeting tonight and will not be able to attend the Council Meeting. MOVED BY UNSWORTH, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM UNTIL THE NEW COUNCIL IS SEATED. 3. Automatic Sprinkler System at City Park. Mr. Rede asked Council to authorize staff to install an automatic sprinkler system at the City Park. The installation will be done by Ace Landscape and Sprinkler Co. in the amount of $2,200.00. MOVED BY MACMURRAY, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO INSTALL AN AUTOMATIC SPRINKLER SYSTEM AT CITY PARK. LQ QO ~ 1-':) ~ Q 4. Adjourned City Council Minutes - June 2, 1981. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE AS CORRECTED. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 9:20 P.M. COUNCIL RECONVENED AT 9:37 P.M. PUBL ICCOMMENTS Mr. Eugene Carter, resident of Lake Elsinore, had a question regarding a financial statement ending June 30, 1980, pertaining to the Lake Elsinore Transit System. Mr. Stewart asked Mr. Carter to meeting with the Finance Director on this item. Mr. Tony Orvietta, rai~ed questions on sidewalks, curbs and gutters on the corner of Poe and Pottery Streets, and who.s responsibility it was for their installation. Mayor Stewart asked Mr. Orvietta to meet with the City Manager on this item. Mr. Orvietta also asked the Council to look into the po~sibilitj of Rent Control. REPORTS AND RECOMMENDATIONS - Ms. Harrington repo~ted that the Municipal Election ran smoothly with the election of Arta Valenzuela and Larry Knight. Mr. Torn stated that with the tourist season coming up, the city will be having increased problems on some of the public properties and will need to be making some decision on how to deal with the problems. Mr. Torn reported that there is anew chain link fence built on the lake perimeter which goes into the lake. He would like to see some type of handle on this matter. TheHover \ Craft at the Sunshine Market is still using an area outside for storage. Mr. Torn asked if Real Estate businesses with their offices located outside the city are paying business license fees. The City Manager was directed to revamp the application form for appointment to committees and commissions. Mr. Unsworth stated that there is a trash problem on Gunnerson St. and would like staff to take care of it. 164 Page eight City Council Minutes Apri 1 14, 1982 REPORTS AND RECOMMENDATIONS - Continued. Mr. MacMurray stated he would like staff to look into the problems of people camping on the Lakeshore in areas that are not authorized for public camping. Mr. MacMurray expressed concern on the Ultralights flying over portions of the City, and what enforcement measures can be taken on them. Mr. Rede reported that the City Attorney has given him some guidelines for enforce- ment of the over-flights which incorporate FAA references to ultralights. ... Mr. Stewart stated that he received a letter requesting appointment to the Solid Waste Advisory Board. Mr. Torn recommended that a list be prepared of all of the boards~ committees and commissions which have representatives from the City. MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPOINT MR. STEWART TO THE SOLID WASTE ADVISORY BOARD. THE CITY COUNCIL ADJOURNED INTO CLOSED SESSION FOR PERSONNEL MATTERS AT 10:00 P.M. THE CITY COUNCIL RECONVENED AT 10:25 P.M. Mayor Stewart announced that the matter discussed in Closed Session pertained to personnel with no action taken. ADJOURNMENT MOVED BY TORN, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL UNTIL APRIL 20TH AT 7:00 P.M. The City Council meeting adjourned at 10:30 p.m. ... ATTEST: ~~..~ -DEBORAH 11-. HAR~O ,. CITY K City of Lake J~ $inore --