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HomeMy WebLinkAbout04-27-1982 City Council Minutes -e-. .. LQ ~ r:. t"":) ~ Q ~. L 169 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 27, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council of Lake Elsinore was called to order by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilman Knight. Mr. Torn announced that Altha Cauch, a long-time resident of the Lake Elsinore Community and former Librarian had passed away and asked for a moment of silence in her honor. ROLL CALL PRESENT: COUNCILMEMBERS: VALENZUELA, TORN, MACMURRAY, KNIGHT, UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, Public Works Director Blackford and Building Director Fraizer. Ma.}Or Unsworth presented Mr. Baldwin with a plaque on behalf of the Councilmembers for his dedicated services while serving as a member of the City Council. Mayor"Unsworth presented a plaque to Mr. Stewart for his dedicated years of services, a portion of which as Mayor on behalf of the City Council. Mr. Stewart thanked the council stating he was very proud of the Community and the people he has worked with during his term in office as Councilmember and Mayor. PROCLAMATIONS/PRESENTATIONS Mayor Unsworth announced the Week of May 3 through 8th to be Bicycle Week ana Hire a Veteran Week. Mayor Unsworth announced that the Public Comments will be placed at the front of the agenda on a trial basis PUBLIC COMMENTS Mr. Stewart recommended to the public that if they would like to become involved in the community with any of their spare time, there are plenty of organizatians in the community in need of volunteers. Mr. Carter extended congratulations to the new councilmembers and wished the new members along with the entire Council best wishe~ for the upcoming years. Mr. Carter also had questions regarding the City Council meeting with E.V.M.W.D. Mr. Unsworth recommended Mr.- Carter ask his questions when the item comes up on the agenda. Mr. Dan Mer~itt 'congratulated the new councilmembers and thanked the Council for fixing some of the pot holes. Mr. Dick Murphy, congratulated the new councilmembers 0n their election to the City Council. 170 Page two City Council Minutes April 27, 1982 PUBLIC COMMENTS. Continued. Mr. Ray Kemp, owner of Huber Crafts located on Lakeshore Drive, stated that it has come to his attention that there has been a complaint on his business.and gave background information on what he felt were some of the reasons. Mr. Torn stated that his main concern on the property is outdoor storage. If the business would like to store items outside, then they should go through the process. Mr. Rede stated that staff can work with Mr. Kemp if Council so desires. I'"~ "p ~ i ~ Council concurred to have staff work with Mr. Kemp with no action to be taken by staff until Council hears this item again. Until action is taken on this item, the business will exist as is. Mr. Morris Kets; member of the Board of lake Village,. congratulated the new members of, the City Council. Mr. Kets also had questions regarding the construction of the Elsinore Village Dike. , Mr. Unsworth stated that this item is on the agenda tonight under Consent Calendar, item 6. CONSENT CALENDAR Council asked that Items 1, 2 and 6 be removed from the Consent Calendar. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE ITEMS 3, 4 AND 5. r-'.. AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSW~ NONE NONE i ...., 1. Resignation of Planning Commissioner Kempe. Removed from Consent Calendar. 2. Second Reading: Ordinance No. 637 - Amending Title 17. Removed from Consent Calendar. 3. Claim: Francis Foley vs. City of Lake Elsinore. Rejected and referred to City Attorney. 4. Machado Park - Installation of Vehicle Barriers - Authorized installation of vehicle barriers. 5. Resolution No. 82-26 - Approved Resolution No. 82-26 appointing County Health Officer to enforce public health rules, regulations and orders within the Corporate limits of the City of Lake Elsinore. 6. Bid Advertisement for Construction of Permantent Elsinore Village Dike. Removed from Consent Calendar. ITEMS REMOVED FROM CONSENT CALENDAR r 1. Resignation of Planning Commissioner Kempe. Mayor Unsworth read the letter from Mr. Kempe resigning from the Planning Commission. ~. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ACCEPT WITH REGRET THE LETTER OF RESIGNATION FROM MR. KEMPE. Council concurred to advertise the opening on the Planning Commission. -e- " ~ 'JO l"- '-:J Cl o -e:', L ill Page three City Council Minutes April 27, 1982 ITEMS REMOVED FROM CONSENT CALENDAR Continued. 2. Ordinance No. 637 - Second Reading. MOVED BY TORN, SECONDED BY KNIGHT TO HAVE THE CITY CLERK READ THE TITLE ONLY OF ORDINANCE NO. 637. 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 VALENZUELA TO APPROVE THE SECONDED READING OF ORDINANCE NO. 637. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 6. Bid Advertisement for Construction of Permanent Elsinore Village Dike. Mr. Kicak gave background information on the Elsinore Village Dike as outlined in staff report dated April 22, 1982. Mr. Rede gave Mr. Getts a letter outlining the new schedule for completion of the project. ~r. Getts asked that the City remove the dirt and sandbags placed along the Village during the Floods. Mr. Rede stated that staff can work with Mr. Getts to address this problem and come up with some possible solutions. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY THAT STAFF ADVERTISE FOR BIDS FOR THE CON- STRUCTION OF THE ELSINORE VILLAGE DIKE SUBJECT TO CONDITIONS. PUBLIC HEARINGS 31. Conditional Use Permit #82-1. Small boat rental and launching on lake. 32310 Riverside Drive. Mr. Morrissey gave background information based upon a report dated April 6, 1982, recommending approval subject to eleven conditions which includes applicant shall provide boat identification color coding. t4ayor Unsworth opened the public hearings asking if anyone would like to speak opposition of the Conditional Use Permit. No one asked to speak. Mayor Unsworth ,asked if anyone would like to speak in favor of the Condtional Use Permit. ;. Mr. Dennis Hinkle, applicant for the project, clarified that there will not be any launching facilities. The boats will be tied up in the water on a full-time basis. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT #82-1. 172 Page four City Council Minutes April 27, 1982 Mr. Rede recommended that the previous City Council appoint the new Counci1members to the Redevelopment Agency. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPOINT ARTA VALENZUELA AND LARRY KNIGHT TO THE REDEVELOPMENT AGENCY BOARD. CITY COUNCIL ADJOURNED AT 8:13 TO THE REDEVELOPMENT AGENCY. CITY COUNCIL RECONVENED AT 8:55 P.M. BUSINESS ITEMS i. ~ 51. Extensions of Tentative Maps: Ordinance No. 638. Mr. Morrissey gave background information on adoption of an Ordinance pertaining to extensions of Tentative Maps. Mr. Porter made minor changes to the proposed ordinance. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 638. ORDINANCE NO. 638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 528, SECTION 4.16 CONCERNING TIME PERIODS, EXTEN- SION, AND NEW CONDITIONS WITH RESPECT TO TENTATIVE ~1AP S . MOVED BY TORN, SECONDED BY KNIGHT, TO WAIVE THE FIRST READING OF ORDINANCE NO. 638. r"" .... AYES: NOES: ABSENT: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NONE NONE 52. Request for Deferred Loan in the amount of $5,000: Housing Committee of Elsinore Valley Local Development Corporation. Mr. Rede stated that staff would like some clarifications made by the applicant. Ms. Sharon Frank, President of the Elsinore Valley Local Development Corportion offered to answer any questions. Mr. Rede asked what the applicant's request for a deferred loan is. Is it a loan without interest or a grant. terms of the loan would be and what would be the interest amount. Ms. Frank asked that the Council approve the request with the terms to be worked out in negotiations~ Mr. Rede was concerned that the City or the Redevelopment Agnecy would be competing with the private sector in granting such a loan. Mr. Rede raised the question of other worthwhile organizations requesting funds from the City if a precedent is set by making of such loans by the City. Mr. Rede stated that he would like to meet with Ms. Frank to discuss the terms of the loan. f'" --- Mr. Porter suggested that the City Council/Redevelopment Agency discuss this item after the terms and conditions have been worked out by staff. MOVED BY VALENZUELA, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY THAT STAFF BRING THIS ITEM BACK AT THE NEXT MEETING. ,---e:- ' '\. ~ QO t-- ~ o o -C:' L 113 Page five City Council Minutes April 27,1982 BUSINESS ITEMS. Continued. 52. Request for Deferred Loan. Continued. Mr. Porter recommended that since Mr. Torn and Mr. Unsworth are on the City Council/Redevelopment Agency and also on the Local Development Corporation, that a conflict of interest may be avoided if they abstain from voting on Local Development Corporation items that may later come before the City Council/Redevelopment Agency. Mr. Torn asked if staff could work out short stops on items which have to go to the Planning Commission, Design Committee then to the Redevelopment Agency due to the time lag on items which are similar, but which keep coming back. 53. Request from Don Summers: Install Curbs, Gutters and Sidewalks at 29423 Ulmer. Mr. Rede gave background information on the request of Mr. Summers stating that the request has been reviewed by the Engineering, Building and Finance Departments. Mr. Rede-stated that the city normally requires the installation of the public improvements at the time construction takes place on the property, if that is not possbile for some reason, then the City would require the posting of bonds to secure the improvements to be made at a later date. In Mr. Summers case a bond was not filed, but instead a cash deposit was accepted in 1973. Mr. Summer's request is to have the city install the curbs, gutters and sidewalks and pay for the installation over and above the $506.00 for their installation. Mr. Porter stated that it appears that the city accpeted a deposit for the installation of the improvements with no agree- men t, a s tow h 0 wa s top uti nth e imp r 0 v e tT1 e n t s . Mr. Po r t e r further concluded that due to the lenght of time which has passed, that all statutes of limitations have run. Mr. Porter felt that the City had no legal obligations to Mr. Summers. Mr. Don Summers, 3104 Riverside Drive, Lake Elsinore, repr.e- senting the owner, discussed Resolution #461. MOVED BY TbRN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM UNTIL THE REPORT IS RECEIVED BY THE CITY ATTORNEY ON HIS RECOMMENDATION. C OU N C I L R E C E SSE D AT 9: 1 3 P .-M . COUNCIL RECONVENED AT 9:26 P.M. 54. Planning Studies Consultant: Award of Contract and Transfer of Funds. Mr. Morrissey gave background information ,on the selection of a planning studies consultant. Mr. Morrissey recommended the' selection of Alfred Gobar and Associates, Inc. and' the transfer of $3,500 from the General Fund to this study. Mr. Torn asked staff how much the total cost of the annexation would be. Mr. Torn stated that $15,000 was initially budgeted and would like to know how much over the project will cost. Mr. Morrissey reported that the annexation will be initiated and possibly approved through the Local Agency Formation Commission with the funds you have appropriated already. The studies incorporated within the report dated April 21, 1982, are flexible. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE RECOMMENDATION AND THE SELECTION OF ALFRED GOBAR AND ASSOCIATES, INC. AND AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS, FURTHER THAT COUNCIL BE PRESENTED WITH AN ANNEXATION BUDGET WITH SOME ESTIMATE OF IN-HOUSE COST. COUNCIL AUTHORIZED THE TRANSFER OF FlINOS IN THE AMOUNT OF $3500. 174 Page six City Council Minutes April 27, 1982 BUSINESS ITEMS Continued. 55. Request for Proposal for Water System Improvements. Mr. Kicak gave background information on the Request for Proposals for Water System Improvements based upon a staff report dated April 20, 1982. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UANIMOUSLY TO APPROVE THE REQUEST FOR PROPOSAL FOR ENGINEERING 'T"'r SERVICES IN CONJUNCTION WITH THE WATER SYSTEM DESIGN. 56. Request for Approval of Resolution authorizing E.V.M.W.D. to proceed with the Formation of Assessment District No. 79 -1 . Mr. Rede stated that the proposed resolution was received from E.V.M.W.D. and was led to believe that someone from the Water District would be present to answer any questions from the Council. Mr. Torn felt that there should be a policy board formed to include equal representation from the city and the water district. It would be a five (5) member board with 2 members from the City Council, 2 members of E.V.M.W.D. and a fifth member which would not have a vested interested in either the City Councilor E.V.M.W.D. Supervisor Walt Abraham has agreed to serve on the board. The policy board would be responsible to create the staffing, budget and parameters of responsibilities for sewer north of the freeway. Moved by Torn that as a .concept, direct staff to meet with the staff of the District in preparing the more specific agreements that would be required to establish the board. MOTION DID NOT PASS FOR LACK OF A SECOND. Mr. Rede stated that E.V.M.W.D. would prefer that 79-1 be excluded from review of the proposed policy board. Mr. Rede felt that the policy board should review 79-1. - MOVED BY TORN, SECONDED BY MACMURRAY AND APPRO~E UNANIMOUSLY TO APPROVE IN CONCEPT THE FORMATION OF A JOINT POWERS SEWERING ENITY TO BE A COMMITTEE TO BE COMPRISED OF TWO (2) MEMBERS OF THE CITY COUNCIL; TWO (2) MEMBERS OF THE WATER DISTRICT AND SUPERVISOR WALT ABAHAM AND THAT STAFF BE DIRECTED CONFER WITH THE DISTRICT'S STAFF IN BRINGING FORTH THE DETAILS OF SAID AGREEMENT. Mr. Unsworth felt that the City needs to hire an attorney especially for this project we need our own representation and suggested that the city hire the firm of MacKenzie Brown and Nazarek to represent the city. MOVED BY TORN, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER BE AUTHORIZED TO NEGOTIATE WITH THE (_' FIRM OF BROWN AND NAZAREK FOR SERVICES RELATED TO THE JOINT SEWERS POLICY COMMITTEE AND THAT THE PROPOSAL BE BROUGHT BACK TO THE COUNCIL FOR FUNDING. - 57. Commercial Project 82-1; Earle Sproule, Sundance Development Company, Northeast of intersection of Riverside and Joy. Mr. Morrissey gave background information on the proposed project based upon a staff report dated April 20, 1982. Staff and Council recommended the following changes in the recommen~ed conditions of the Design Review Board: Delete conditions (1) and (2) under item #2; Condition #3 was changed to read: Subject to the hiring of a Registered Landscape Architect, the applicant shall provide the following: ...; Sub-condition to Condition #3, c) was changed to provide a three foot high berm. ..J:.t- '- l.O QC r-- '-:> o o ,..e:, L. 1 rl a Page seven City Council Minutes April 27,1982 BUSINESS ITEMS Continued. 57. Commercial Project #82-1. Continued. Mr. Sproule, applicant, stated that he would prefer that the block wall indicated on the site plan be five foot instead of six foot. Staff and Council concurred to delete Staff Recommendation on the Report to the Planning Commission number 10 and reduce the size of the block wall from six foot to five foot on condition number 12. MOVED BY VALENZUELA. SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ACCEPT COMMERCIAL PROJECT #82-1; EARLE SPROULE OF SUNDANCE DEVELOPMENT COMPANY WITH THE CORRECTIONS AS STATED. 58. Lake Elsinore Frontier Day Parade. Mr. Blackford the parade. explained the route change and the times of The Public Works Dept. will Mr. Vik, Chamber of Commerce. stated he is expecting a large turnout for the parade. Discussion ensued as to the amount of city support and cost would be incurred in the parade. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE APPROVE THE AMENDED PARADE ROUTE AND TO PROVIDE CITY SUPPORT AS DETERMINED BY THE CITY MANAGER. 59. Request of Jan Hesse1rode and Judy Stein Mr. Fraizer reported that the applicants are requesting a delay in the installation of street improvements and major landscaping. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE APPROPRIATE AGREEMENT BE DRAFTED ALLOWING FOR LAND- SCAPING INSTALLATION AT SUCH TIME OTHER OFF-SITES ARE INSTALLED. APPOINTMENTS TO THE LAKE ELSINORE TRANSIT SYSTEM BOARD MOVED BY TORN, SECONDED BY MACMURRAY, AND CARRIED UNANIMOUSLY THAT ARTA VALENZUELA AND LARRY KNIGHT BE APPOINTED TO THE LAKE ELSINORE TRANSIT SYSTEM BOARD. COUNCIL ADJOURNED TO THE LAKE ELSINORE TRANSIT SYSTEM BOARD AT 10:48 COUNCIL RECONVENED AT 10:55 P.M. REPORTS AND RECOMMENDATIONS Mr. Kicak briefed the City Council on the Request for Proposals for Water System Improvements based upon a report from staff dated April 20, 1982. The request 1s for engineering services in conjunction with the water system design. Mr. Kicak stated that after the drilling has taken place and $35,000 expended there are no guarantees that the quality of water will be sufficient. However reports from the Water Resouces Department indicate the water quality would be sufficient. There is a provision that the contract can be terminated after the water quality has been determined if necessary. MOVED BY TORN, SECONDED BY VALENZUELA TO APPROVE STAFF RECOMMENDATION TO AWARD THE CONTRACT TO McCOLLEN IN THE AMOUNT OF $83,567 WITH THE STIPULATION THAT THE CITY HAVE THE OPTION TO TERMINATE THE CONTRACT AFTER THE QUALITY OF THE WATER HAS BEEN DETERMINED. 176 Page eight City Council Minutes April 27,1982 REPORTS AND RECOMMENDATIONS Continued. Mr. Kicak stated that the site which they are proposing to develop this well, at this time, the city only has a right- of-entry. It may be appropriate at this time to authorize the City Manager to begin negotiations for an option to purchase the site. (- -"' MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED URANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO ALLOW THE CITY MAN~GER TO BEGIN NEGOTIATIONS TO PURCHASE THE PROPOSED SITE OF THE WELL. ~" Mr. Rede reported that staff has begun working with the Park and Recreation staff for the purpose of providing Bike Paths around the perimeter of the lake. Mr. Rede recommended City Council solicit citizen input at the May 11th Council meeting. City Council concurred. Mr. Blackford reported the City Park Irrigation System has been started. Council concurred to reaffirm the use of the water truck for the rodeo grounds. Council concurred to get the number of barriers to be used by the parade and the cost of staff time in conjunction with the parade. Mr. Torn reported that there is a problem with overnighters parking along the lake perimeter. Ms. Valenzuela recommended the Council hold a study session to address this problem and other related problems around the lake perimeter. A meeting was scheduled for May 3rd at 7:30 p.m. re,. - Discussion ensued regarding the cleaning of the Channel and the method for its cleaning. Staff will report back to the Council on this item. Discussion was held regarding jurisdictional control and land- scaping requirements around the lake perimeter. Mr. Morrissey stated that staff is looking at this matter during the revision of the general plan. Mr. Unsworth reported that two members of the City Council should attend the Park and Recreation Meeting to be held on May 5, 1982. Mr. Unsworth and Mr. Torn will attend the meeting, representing the City Council. Mr. Unsworth reported that the City Manager has come up with a new form of application for people interested in serving on commissions, committee and boards. The following boards were recommended by Mr. Unsworth: Mayor Citizen Adivisory Committee Polic & Fire Research Committee Historical Preservation Commitee Park Advisory Committee Community Center Committee Planning Commission. Mr. Unsworth reported that there have been some citizen complaints on dust at the airport and ultralights and the need for weekend and holiday code enforcement. Council concurred to direct the Code Enforcement Officer to deal with code violations as they are seen, not on a complaint basis. r - Mr. Unsworth expressed concern about a rumor stating that. when a new judge is selected for Perris, the existing judge which comes to Lake Elsinore would go to the Court in Temecu1a. Staff was instructed to investigate the matter and report back to Council. - ~ QO t-- I""':) o o - I" ., Page nine City Council Minutes Apri 1 27, 1982 REPORTS AND RECOMMENDATIONS - Continued. Ms. Valenzuela expressed concern about a rumor about the Odd Fellows Building which has been sold and the contents in the building have a historical value to the city. Staff will look into this matter. COUNCIL CONCURRED TO GO INTO EXECUTIVE SESSION AT 11:20 P.M. COUNCIL RECONVENED AT 11:55 P.M. WITH NO ACTION TAKEN ON A MATTER PERTAINING TO PERSONNEL. ADJOURNMENT MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ADJOURN THE CITY COUNCIL MEETING AT 11:56 P.M. -#~ ~ I i4, .,,-c,-;!r JO G. UNSWORTH, MAYOR CI Y OF LAKE ELSINORE ATTEST: ~~~ CITY OF LAKE ELSINORE