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HomeMy WebLinkAbout06-08-1982 City Council Minutes trj X) ~ '""':) Q o ...... 1~~ CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, JUNE 8, 1982 7:30 P.M. CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting of the City Council of the City of Lake Elsinore was called to order by Mayor Unsworth at 7:37 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Councilmember Knight. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: TORN Also present were: City Manager Rede, City Attorney Porter, Planning Director Morrissey, City Clerk Harrington, City Engineer Kicak, Building Official Frazier, Finance Director Ronnow, Public Works Director Blackford & Administrative Assistant Steel.1 PRESENTATIONS Mayor Unsworth presented a Key to the City to Sandra Davis. Ms. Davis is a student at Lake Elsinore High School and has been selected for an educational exchange program through the Student Ambassador Program. Mayor Unsworth read a resolution proclaiming the week of June 21 through June 25, 1982, as Neighborhood Watch Week in the City of Lake Elsinore, and presented it to Deputy Sol~z and Lt. Smith of the Sheri ff IS Dept. RESOLUTION NO. 82-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, PROCLAIMING THE WEEK OF JUNE 21 THROUGH JUNE 26, 1982, AS NEIGHBORHOOD WATCH WEEK IN THE CITY OF LAKE ELSINORE. CONSENT CALENDAR The following items were removed from the Consent Calendar for further consideration: 1, 3, 5, 6, and 7. MOVED BY VALENZUELA, SECONDED BY MACMURRAY:'.AND CARRIED TO APPROVE THE BAtANCE OF THE CONSENT CALENDAR. AYES: NOES: ABSENT: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH NONE TORN 1. Minutes - May 25, 1982 - Regular Meeting Mr. Unsworth asked the Reports and Recommendations be changed to reflect Mr. Knight's discussion was with the County Road Dept. and not Ca1trans. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED TO APPROVE AS CORRECTED. 2. Warrant List - Approve the May, 1982 List of Warrants in the amount of $258,200.83, check numbers 16261 through 16415. 200 [ f t Page two City Council Minutes June 8, 1982 CONSENT CALENDAR. Continued. 3. Street Abandonment of a Portion of Old Railroad Canyon Road Resolution No. 82-41 Mr. Morrissey gave background information on the proposed street abandonment of a portion of Old Railroad Canyon Road, North of 1-15, based upon a report dated June 1, 1982. Mr. Knight stated that this property was originally deeded to the City for right-of-way and is now being deeded back to the property owners. i ..... The Resolution would set a time and place for public hearing on the street abondonment of a portion of Old Railroad Canyon Road for July 13, 1982 at 7:30 p.m. "! ,RESOLUTION NO. 82-41 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF OLD RAILROAD CANYON ROAD, 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. MOVED BY MACMURRAY, SECONDED BY VALENZUELA, AND CARRIED TO APPROVE RESOLUTION NO. 82-41. 4. Membership in the U. S. Conference of Mayors Cour.cil approved the IIservice feell membership for $250.00 per year to the U. S. Conference of Mayors. 5. Tract Map #12155 - Release of Maintenance Bond. Mr. Kicak explained the location of the tract as being southerly of Lincoln between Machado and Riverside Drive 'at Amber Drive. I, ...... Mr. Unsworth reported that a person had observed a patch being done on the road without proper compaction. MOVED BY MACMURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO INSURE THAT THIS HAS BEEN LOOKED INTO AND THAT THERE ARE NO MORE FUTURE INSTANCES, UNSEEN OR UNKNOWN TO THE CITY WHEREBY THE CITY WOULD BE RESPONSIBLE AND THAT THIS WOULD BE THE RESPONSIBILITY OF THE CITY ENGINEER OR HIS STAFF TO WORK WITH THE DEVELOPER TO INSURE THAT ALL REPAIRS ARE MADE TO THE SATISFACTION OF THE CITY. 6. Tract #15480 - Final Map Approval Mr. Kicak gave some background information on this final map stating that the agreement in the packet requires a 50% Main- tenance Bond, which after some discussion since the time the report was prepared would not be acceptable to the city should there be a failure in the street. i '..Jr Mr. Rede reported that the forms of acceptable securities could be a time certificate deposit or a treasury note or some other type of negotiable security that the owner/developer would name on the certificate and at the end of the one (1) year period the interest and the value of the certificate would remain with the owner/developer. The owner/developer would bave this option or would be required to post a bond. 2Ul Page three City Council Minutes June 8, 1982 CONSENT CALENDAR - Continued. 6. Tract #15480 - Final Map Approval - Continued. Mr. Porter reviewed that the government code provides that the maintenance security could be in various forms such as 1) a bond, 2) a cash deposit, 3) any instrument of credit, or 4) a lien upon the real property. The government code also allows that the security agreement be in another form as long as the city ordinance allows it. The city ordinance does not allow any other type of securities except the four previously mentioned. Mr. Porter recommended that staff recommendation be subject to posting of acceptable securities in accordance with government code section 66499 (a). Mr. Fred Crowe, Butterfield Surveys, stated that the applicant is getting close to the end of the time he is required to get the final map recorded and will need an extension of time. 10 JO t-- '-:> o o Staff asked that this item be continued until later in the meeting so that staff could determine when the final map time limit could be verified. Council concurred to continue this until later in the meeting. 7. Evans Brown Mortuary Claim Mr. Rede gave background information on this claim. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO REFER THIS CLAIM TO THE CITY ATTORNEY. 8. Gateway Annexation Status Report - Received and filed. 9. Animal Control Monthly Report - May, 1982 - Received and filed. 10. Code Enforcement Monthly Report - May, 1982 - Received and filed. 11. Fire Safety/Housing Monthly Report - May, 1982 - Received and filed. Council recessed at 8:01 p.m. and reconvened at 8:07 p.m. CONTINUED CONSENT CALENDAR ITEM 6. Tract Map #15480 - Final Map Approval Mr. Morrissey reported that the applicant's final map would be up for an extension of time as of June 22, 1982. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FINAL MAP #15480 SUBJECT TO POSTING OF ACCEPTABLE SECURITIES IN ACCOR- DANCE WITH GOVERNMENT CODE SECTION 66.499 (a). PUBLIC HEARINGS 31. General Revenue Sharing Funding for Fiscal Year 82-83. Mayor Unsworth announced that now was the time and place for a public hearing to receive public input on the General Revenue Sharing Funding for the Fiscal Year 1982-83. Mr. Rede asked the Council to continue this item to June 22 as there have been requests from the general public who were unable to attend. Mr. Rede reported that the public notice for the hearing had been properly published for the public hearing to take place tonight. Sharon Frank recommended that the City Council consider allocating funds for the appraisals for the outflow channel out of the General Revenue Sharing Funds. Ms. Frank suggested that the remainder of the funds be used to make major repairs on Lakeshore Drive. 202 Page four City Council Minutes June 8, 1982 PUBLIC HEARINGS - Continued. 31. General Revenue Sharing Funding for Fiscal Year 1982-83 - Continued. Eugene Carter spoke to the Council regarding allocating funds for the Elsinore Village Dike. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE 1 THE GENERAL REVENUE SHARING FUNDING FOR THE FISCAL YEAR 1982-83 TO JUNE 22,1982. PUBLIC COMMENTS Mr. Unsworth thanked Mr. Carter for the gavel he gave the Council with the words to use it wisely and soundly. Doug Barkelew, 18843 Grand Avenue, asked to be placed on the Council agenda for June 22, 1982, for an item which is coming up before the Planning Commission. Mr. Unsworth asked Mr. Barkelew to work with staff on the placement of this item on a future City Council agenda. Dave Vie, representing the Chamber of Commerce, asked permission to hold a motor- cycle and A.T.C. Gymkhana on the lake bottom on June 27th. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO GRANT PER- MISSION FOR A MOTORCYCLE AND A.T.C. GYMKHANA. Jim Baccus, P.O. Box 677, Lake Elsinore, stated he would like to address the condi- tion of the lake and would like to know whether or not he lives on a private road. Mr. Frazier and Mr. Porter will work with Mr. Baccus in determining whether or not he lives on a private road. Mr. Frazier stated that from a preliminary investigation of the property, it does not appear to be a public road. Mr. Baccus stated that if in fact the road is not a public road, then he would like the city to install locks on the fence gates so the city could have access. Mr. Porter asked if these would be additional locks. Mr. Baccus stated these would be additional locks. Mr. Porter reported that this is a common practice with the Fire Department so they may have access. Eugene Carter expressed concern regarding the fencing of lots on the lake perimeter. Mr. Frazier reported that the Code Enforcement Officer has been down talking to the people regarding the gate located on Lucerne and has been assured that the fence would not be locked and the Code Enforcement Officer has further notified the property owner to remove the fence gate within a specified time period other- vlise city crews would be down to l"emovethe gate. Mr. Rede reported that this property is up for a six month review and the business will be addressing the Planning Commission and the City Council in the near future. Lee Allen thanked the council for installing the water loop on Avenue 9, but stated that since the opening of Avenue 9 he has been getting a large increase in traffic. Mr. Allen also asked when the connection will be made for sewer to his property. Mr. Allen also requested speed bumps along his street in order to reduce the rate of speed at which people drive their cars. Mr. Allen stated that he has dug a ditch across Avenue 9 to slow the traffic down. The City Manager will look further into this matter and report back to the City Council. ..... BUSINESS ITEMS ....10 51. Request for Waiver of Zone Change Procedures for M. Michael Grinel. Mr. Morrissey gave background information on this item based upon a report to the City Council dated June 2, 1982. Mr. Grinel, Box 4487, Canyon Lake, stated he understands the staff report, however, does not understand why he cannot get the zone change automatically. ~U() Page five City Council Minutes June 8, 1982 BUSINESS ITEMS - Continued 51. Request for Waiver of Zone Change Procedures for M. Michael Grinel - Continued. Mr. Morrissey reported that the normal zone change is $700.00. This is to cover costs for Planning and Engineering Fees, notice to the public, and publication costs by the City and all secretarial fees. Mr. Rede suggested continuing this item for two weeks in order for staff to meet with the applicant and provide answers to the City Council. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY FOR TWO WEEKS WITH COSTS TO BE BROUGHT BACK. 52. Award Planning Studies Contract to C.G. Engineering. Mr. Morrissey gave background information on the contract for planning studies to C.G. Engineering recommending Council authorize the City Manager to enter into contract negotiations. I..Q .'X) t-- -:> ~ - ....... MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE CONTRACT WITH C. G. ENGINEERING IN THE AMOUNT OF $13,550.00. 53. Sidewalk Improvements - Graham Avenue and Schrivener Street Mr. Morrissey gave background information on the request of staff to require the owner of the property to provide sidewalk improvements. Mr. Morrissey reported that this item was continued previously in order that the owner could be notified of possible city council action. Mr. Porter reported that if the area in question is in city right-of-way, the city could be liable. Ms. Valenzuela stated that she objected to the use of asphalt for the side- walk due to the heat in the summer. Moved by Valenzuela, seconded by MacMurray that we put in the sidewalk on Graham only in concrete and a lien be placed on the property. (motion and second withdrawn). Mr. Crowe, Butterfield Surveys, stated that there is not a good transition from the grade of the property to the sidewalk. Ms. Valenzuela withdrew her motion. Mr. MacMurray withdrew his second. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY FOR THE TIME BEING UNTIL MR. MORRISSEY CAN CONTACT MR. KRAUSE, THAT WE PUT UP THE BARRACADES TO PROTECT OURSELVES, AND THAT WE WAIT FOR HIS DECISION FOR THIRTY DAYS. Mr. Porter recommended that the city not install the sidewalk as there is no increase in liability. 54. School Impact Mitigation Fees - Resolution Mr. Rede reported that the School District has requested that this item be continued because the school district would be unable to attend the meeting due to a conflict in their schedule. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO CON- TINUE FOR TWO WEEKS. ;tU4 Page six City Council Minutes June 8, 1982 BUSINESS ITEMS - Continued 55. Ordinance Implementing a Portion of Zone Change 81-1. Mr. Morrissey gave background information on this item based upon a report to the City Council dated June 1, 1982. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE I THE ZONE CHANGE. .J. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 640. ORDINANCE NO. 640 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY WITHIN ITS CORPORATE BOUNDARIES FROM R-l (SINGLE-FAMILY RESIDENCE) TO CP (COMMERCIAL PARK). MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING. 56. Ordinance Increasing Cable Television Franchise Fee. Mr. Porter recommended adoption of the proposed ordinance increasing cable television franchise fee to five percent. Mr. Daniher, King Video, stated he would like to work with staff to negotiate an increase of the franchise fee. This is the first he has heard of increasing the franchise fee. I i i ...., Mr. Porter stated that the City does not presently have a franchise agree- ment with King Video, they are working from the ordinance. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM UNTIL JULY 27, 1982. 57. Ordinance Regarding Locations for City Council Meetings - Second Reading - Ordinance No. 639. MOVED BY VALENZUELA, SECONDED BY KNIGHT TO READ BY TITLE ONLY. The City Clerk read the title of the Ordinance. ORDINANCE NO. 639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 2.08.015 TO THE LAKE ELSINORE MUNICIPAL CODE PROVIDING FOR ALTERNATIVE LOCATIONS FOR CITY COUNCIL MEETINGS WITHIN THE CORPORATE LIMITS OF THE CITY OF LAKE ELSINORE. Mr. Porter explained the nature of the ordinance, enabling the City Council to meet at other locations than city hall when the need arose. MOVED BY VALENZUELA, SECONDED BY KNIGHT, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 639. ... 58. Heald Street Gravity Sewer Main - Authorize Bid Process. Mr. Blackford gave background information on this item based upon a report to the City Council dated May 26, 1982 with the recommendation that the City Council authorize the Public Works department to go for bid for the reconstruction of Heald Street gravity sewer line. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY THAT THE CITY GO TO BID FOR THE RECONSTRUCTION OF HEALD STREET GRAVITY SEWER LINE. ~un Page seven City Council Minutes June 8, 1982 BUSINESS ITEMS - Continued 59. Elm Tree Spraying Ms. Valenzuela felt that the city should go out to bid on a project like this. Mr. Rede reported that it is not necessary to go to bid on projects which are less than $5,000. Mr. Johnson explained the reason for the tree spraying. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO SPRAY THE ELM TREES WITH THE AMOUNT NOT TO EXCEED $3,100. ADDITIONAL BUSINESS ITEMS i.O JO to- '-:> ~ o 60. Change Order for Pennsylvania Pipeline and Construction Mr. Kicak explained the need for the change orders for the utilities relo- cation of 1-15. The financial impact for the change order 1 through 13 would be none, however, change order 14 would be $4,706.50 for the extension of the sewer line from the southerly side of Minthorn Street to the northerly side which Caltrans refused to fund. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE CHANGE ORDERS BETWEEN THE CITY OF LAKE ELSINORE AND PENNSYLVANIA PIPELINE AND CONSTRUCTION COMPANY FOR THE UTILITIES RELOCATION OF 1-15. 61. Change Order for Kicak and Associates Mr. Kicak asked the Council to approve the amended contract and change order between Kicak and Associates and the City of Lake Elsinore for engineering services. Mr. Kicak reported that the financial impact to the City would be none as funds are reimbursable by Caltrans and Federal Highway Adminis- tration. Mr. Unsworth asked the City Engineer, Mr. Kicak, how he can contract for services with his company. Mr. Kicak reported that this was at the request of Caltrans that we do the work, it was with the approval of the City Council, concurred by the State of California, and is a matter of record. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE CHANGE ORDER BETWEEN THE CITY AND KICAK AND ASSOCIATES. 62. Mr. Porter stated that the Mayor has reminded him that the City has been looking at two condemnation actions, one involving property on Warm Springs, for the expansion of the city sewer treatment plant and the second involving the area by the freeway for a possible solid waste disposal area. Both actions were tabled by the City Council and a letter was sent to the property owners to that affect, which in effect eliminated any change of civil liability for what is called unreasonable pre-condemnation activity. However, feels that it would be appropriate for the City Council to take action indicating that it has no present desire to pursue eminent domain action. Discussion ensued on the expansion of the present solid waste disposal site. Mr. Kicak reported that from all indications he has seen, that the County is not looking to expand the present location. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO WITHDRAW THE CONDEMNATION SUIT ON THE GRENDER PROPERTY. MOVED BY VALENZUELA, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO SEND A LETTER TO THE COUNTY OF RIVERSIDE, UNDER THE MAYOR'S SIGNATURE, TO RECOMMEND THE ALBERHILL SITE FOR THE FUTURE SOLID WASTE LOCATION. ZUB Page eight City Council Minutes June 8, 1982 Council adjourned to the Redevelopment Agency at 11 :00 p.m. Council reconvened at 11:25 p.m. REPORTS AND RECOMMENDATIONS Ms. Valenzuela reported that the opening of Main Street will be on Friday, I June 11, 1982, starting at 8:00 with a Continental Breakfast at the Community Center with the ribbon cutting to follow. .J. Mr. Knight reported that there is a new aircraft being used for the jumpers which makes a lot of noise while descending and is generating a lot of complaints. Mr. Rede will look into the matter and report to the Council. Mr. Unsworth made a request that the Cablevision Company broadcast the City Council meetings until the close of the meetings. They have been leaving the meetings at 10:00 p.m. Mr. Unsworth reported that the City has a request from Mr. Istel for the city to sign a letter of interest. Mr. Rede stated that the letter has been revised so that the city is not committing any funds to the project. Mr. Rede read the letter. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED UNANIMOUSLY TO ENDORSE THE EFFORTS OF MR. ISTEL AND HIS RELATIONS ON AN INTERNATIONAL BASIS. Mr. Unsworth reported that those councilmembers who wish to attend the Citrus Belt Meeting of the League of California Cities should sign up with the City Clerk. It is also time now for a delegate and an alternate to be chosen for the Committee. MOVED BY KNIGHT, SECONDED BY MAC MURRAY AND CARRIED TO SELECT JOHN UNSWORTH AS THE DELEGATE. MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED TO SELECT ARTA VALENZUELA AS THE ALTERNATE. I i i ..J., The City Clerk was instructed to write a letter to the League of California Cities, Citrus Belt informing them of the selection of delegate and alternate to the Committee. Mr. Unsworth reported that some of the Planning Commissioners have expressed an interest in reviewing the Planning Commission applicants with the Chairman to sit on the interviews with the City Council. Council expressed no objections to this. The deadline for the applications was set for June 11,1982, at 5:00 p.m. Mr. Unsworth reported that not enough people have signed up for the committees. Anyone interested can sign up at city hall in the City Clerk's office. Mr. Unsworth also reported that July 3rd of 1982 will be the 100th anniversary of the founding of Lake Elsinore. Anyone interested in working on this anniver- sary celebration can contact him. Mr. MacMurray reported that he can foresee complaints coming in on the ultra- ..1 lights and the over-flights. Council recessed to Closed Session to discuss possible litigation at 11:32 p.m. Council reconvened at 11:51 p.m. with no action taken. ..Q X) t-- -:> ~ ~ ~U'. Page nine City Council Minutes June 8, 1982 REPORTS AND RECOMMENDATIONS - Continued Mr. Unsworth reported that the City Treasurer, Jimmy Morgan, has requested that his desk be located in front of the vault so that he would be closer to the money and the safe and also so that he could share the office with Sandy. The City Clerk could remain in the front office or could utilize the office where the City Manager used to be. ADJOURNMENT The meeting of the City Council adjourned at 11:57 p.m. J,- /f. tt~~* J, N G. UNSWORTH, MAYOR CITY OF LAKE ELSINORE ATTEST: ~tI~~~~ CITY OF LAKE ELSINORE