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HomeMy WebLinkAbout07-27-1982 City Council Minutes ~ 1.1.l 00 ~ I~ o Q 233 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, JULY 27, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Unsworth. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Mayor Unsworth. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEMBERS: KNIGHT, TORN, VALENZUELA, UNSWORTH A B S E NT: C 0 U N C I L M E t~ B E R S : MAC M U R RAY . . Mayor Unsworth announced that Councilmember MacMurray has been sick with the flu. Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Planning Director Morrissey, City Engineer Kicak, Finance Director Ronnow, Interim Public Works Director Stevens, Administrative Assistants Steel and Foster. CLOSED SESSION - PERSONNEL MATTER The City Council adjourned into Closed Session to discuss a personnel ~ matter and a litigation problem. ~ -- ,.. Council reconvened with the following action taken on a personnel matter: Two Planning Commissioners were appointed: Hilda Barnhart and Bill Saathoff. CONSENT CALENDAR The following items were removed from the Consent Calendar for discussion: Item #2. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1 . t\1 i nut e s : A. June 29, 1982 - Special Meeting B. July 13, 1982 - Regular Meeting Approved as presented. Approved as presented. 2. Community Center Fees, Procedures and Regulations - Resolution. This Hem was removed from the consent calendar. 3 . Con t r act ~ A (l n u al Co un ty Par tic i pat ion Con t r act for 0 i1 san d Grease. Approved Resolution. RESOLUTION NO. 82-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING PARTICIPATION IN AWARD 82/6282 TO UNION OIL COMPANY BY THE RIVERSIDE COUNTY BOARD OF SUPERVISORS FOR THE PURCHASE OF LUBRICATING OILS AND GREASES FROM JULY 1, 1982 THROUGH JUNE 30, 1983. 4. Set for Public Hearing - August 24, 1982 Approved. A. Zone Change 82-1 & Realignment of Quail Drive 284 Pa ge Two City Council Minutes July 27, 1982 CONSENT CALENDAR - Continued. 236 Page four City Council Minutes July 27, 1982 PUBLIC HEARINGS. Continued. 33. Weed Abatement - Resolution Continued. The public hearing was closed at 9:28 p.m. Discussion ensued regarding the manner in which the weed abatement program is charged back to the parcel owners. Mr. Rede reported that the weed abatement program is supposed to be self-supporting. The program is not presently at this point. Discussion ensued regarding the new billing process and the fact that many of the parcel owners did not understand the billing process. - Mr. Stevens recommended the parcel owners combine the small lots as one ownership, especially if the weed abatement program goes on a year-round basis. Mr. U n s w 0 r t h r e com men d e d t hat s t a"f f w 0 r k wit h the c i t Y man age r to devise a new method of billing the property owners so as to be more consistent with the work performed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION WITH DIRECTION TO STAFF TO STUDY THE PROBLEMS WITH THE PROGRAM AND STAFF TO TRY TO CORRECT THE INEQUITIES OF THE FEE STRUCTURE. RESOLUTION NO. 82-56 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND RE- QUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST THAT PROPERTY AND SHALL BE MADE A LIEN ON SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PRO- VIDED IN SAID GOVERNMENT CODE. COUNCIL RECESSED AT 9:50 P.M. COUNCIL RECONVENED AT 10:00 P.M. BUSINESS ITEMS ---' OFF-AGENDA ITEM - Award Contract for' the Construction of the Elsinore Village Dike. Mr. Kicak gave background information on the Village Dike Contract recommending Council award the contract to MBC Construction Company in the amount of $137.793.10 for Bid Alternate No.1. The bid was very close to the Engineer's Estimate. Staff also recommends the City Manager be authorized to execute the right-of-entry forms on behalf of the City and transfer $12,985.72 from the City's 1982-83 Capital Improvement Fund. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO AWARD THE ELSINORE VILLAGE DIKE TO MBC CONSTRUCTION COMPANY IN THE AMOUNT OF $ 137,793.10 SUBJECT TO THE RIVERSIDE COUNTY OFFICE OF COMMUNITY DEVELOPMENT APPROVAL OF THE CONTRACTOR. ALSO, AUTHORIZE THE CITY MANAGER TO EXECUTE THE RIGHT-OF-ENTRY FORMS IN BEHALF OF THE CITY, ANn TRAN~~~R n~ tl?QR~ 7? ~RnM T~~ rTTV'~ lQR?_R1 rAPTTAI TMPRnV~M~NT " l.O ~ ~ I"":) ~ Q l ,- L ~.J " Page five City Council Minutes July 27, 1982 BUSINESS ITEMS Continued. 51. Thermal Electronics Request Mr. Rede gave background information on thi s requerst based on a report to the City Council dated July 20, 198~. Staff recommendation is to approve the request to allow occupancy of the structure upon completion and acceptance of the s~ruct~re by the Department of Building and Safety. Further gr~ntl~g Slxty (60) days waiver for time of completion on the followlng ltems: Parking Lot Facilities. Landscaping Requirements. . . Installation of Permanent Flre Hydrant (SUbstltute to be installed for temporary protections). Discussion ensued regarding the staff's request for authorization to go to bid for the Minthorn Street,Improvements. 1 ) 2 ) 3 ) MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOM.MENDATION FOR- THE THREE ITEMS. OFF-AGENDA ITEM - Minthorn Street Improvements MOVED BY VALENZUELA, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO AUTHORIZE STAFF TO GO TO BID ON MINTHORN STREET IMPROVEMENTS. Mayor Unsworth requested council concurrence to take up agenda item #57 prior to taking agenda item #52. 57. Slavick's Holiday Campground Mr. Rede gave background on the Slavick's Holiday Campground Incidental Camping Permit. based on a report to the City Council. Mr. Rede reported that conditions of approval #1, 3, 8, 11 and 12 have not been met as of this date. Discussion ensued regarding campers staying within 100 feet of the shore. It was reported that this discussion did take place at the City Council meeting of thy 25, 1982whi-ch approved the application for incidental camping, however, it was not made a .condition of approval. Ms. Valenzuela asked to be excused from the discussion of this item because her husband has worked on the camping site. Mr. Mueller, representing the owners of the park as their manager, explained some of the improvements which have taken place on the park site. Mr. Mueller also reported that he has received a notice from the Health Department that the park does not need a dump station. It was pointed out to Mr. Mueller that in order to have a boat launching facility on the site, they would need to get permisSion from the State Park and Recreation Department. Moved by Torn that incidental camping is not a good use of land on the lake perimeter and does not support any future incidental camping uses. Motion died for lack of a second. MOVED BY KNIGHT, SECONDED BY UNSWORTH WITH NO ACTION TAKEN, THAT THE SLAVICK'S HOLIDAY CAMPGROUND BE ALLOWED TO CONTINUE TO OPERATE FOR AN ADDITIONAL THIRTY (30) DAYS WITH THE STIPULATION THAT THE REMAINING FIVE (5) ITEMS BE LOOKED INTO AND TAKEN CARE OF. ROLL CALL VOTE: AYES: NOES: ABSENT: ABSTENTIONS: KNIGHT, UNSWORTH TORN MACMURRAY VALENZUELA ~ ,") t'J Page six City Council Minutes July 27, 1982 BUSINESS ITEMS - Continued 57. Slavick's Holiday Campground The C i ~ y At tor n e y r e po r t e d t hat, by the v 0 t e 0 f the C i t y C 0 u n c i 1 ~o actlon was taken as the motron failed to pass. The matter' 15 now under Staffts jurisdiction to insure compliance of all conditions of a p p ro val . Council concurred to return to the normal order of the Agenda. . 52. Incidental Camping, The Bible Speaks in California _ Appeal Mayor ~nsworth asked the Bible Speaks to have one main repre- sentatlve speak on behalf of their group. Jim Heinz, 15910 Grand Avenue, is the head pastor for the Bible Speaks in California. Mr. Heinz stated his church would like to provide an area for dry camping for those people in the community who would like to go somewhere where drinking and smoking is not permitted. I ..... Discussion ensued regarding wh~ther or not boat launching facilities will be installed. Mr. Rivera stated that at this time boat launching is not planned. Ms. Valenzuela questioned Condition # 16 regarding waiver of conditional use permit procedures for this season (1982) only. Mr. Morrissey reported that this is similar to the request of the Slavick's Holiday Park. MOVED BY VALENZUELA, SECONDED BY TORN TO APPROVE THE INCIDENTAL CAMPING REQUEST SUBJECT TO EIGHTEEN (18) CONDITIONS UNTIL OCTOBER 30, 1982. AYES: NOES: ABSENT: VALENZUELA TORN, KNIGHT, UNSWORTH MACMURRAY -- Mr. Torn stated that he is opposed to any type of incidental camping, if it was camping for the youth of the community only he would consider voting in favor of the project. Mr. Stafford asked if the Council was fair in considering this appl ication. Mr. Porter stated the city has the right to control property within the city. The applicant has requested extra-ordinary consideration for use of this property and the council votes on this process through the Conditional Use Permit. 53. Waste Water Treatment Plant Facility - Design State Mr. Rede gave background information on the request from the Elsinore Valley Municipal Water ~istrict. Staff recommends approval in concept only. with a time table to be worked out. Staff recommends conceptual approval subject to the working out of the financing of operating costs of the Treatment Plant. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION. ... 54. Ms. DuFault - Refuse Billing Request. Mr. Steel gave background information on this request which has been to the Council previously. Staff recommendation is to deny the request. Ms. DuFault, 31750 Machado, asked the Council to consider putting her tenants on individual accounts. This would help some of the tenants who would qualify for utility.subsidies. The tenants presently leave their trash in front of the mobile homes during trash days as the system is set up. /.JtJv Page seven City Council Minutes July 27, 1982 54. Ms. DuFault - Refuse Billing Request. Continued. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY THE REQUEST. 55. Chamber of Commerce/Kiwanis Club Request - Chili C~okoff Mr. Rede gave background information on the request to hold a Chili Cookoff on September 5th and 6th at the Rodeo Grounds on Collier Avenue. Booths will be set-up by local clubs, , organizations and businesses for additional entertainment, plus music, a Ms. Chili Cook-off Contest and Dance to be held on Saturday night, with the official IICook-Offllto be held on Sunday. There is overnight camping for the contestants only. Dave Vic, representing the Chamber of Commerce, stated the Kiwanis is the leading organization in this event. Mr. Vic did not feel there would be any problems with the traffit. ~ ~ t-- .'"":) ~ ~ Mr. Torn felt there was with the chili-cookoff.. Mr. Vic stated he would Club. no place for a wet t-shirt contest Mr. Torn asked that this not be held. forward his feelings on to the Kiwanis MOVED BY VALENZUELA, SECONDED BY UNSWORTH, AND CARRIED UNANIMOUSLY TO APPROVE THE CHILI COOK-OFF TO BE HELD ON SEPTEMBER 5TH AND 6TH ON THE PROVISION PREVIOUSLY STATED AND ALL PETITIONS FOR WAIVERS TO GO THROUGH STAFF, ALSO THAT NO WET T-SHIRT CONTEST TO BE HELD. IF A WAIVER IS RECOMMENDED BY STAFF, THAT IT BE APPROVED BY THE COUNCIL. 56. Erich Sommer Request - Permit below 1270' M.S.L. Mr. Porter reported that Mr. Sommer has been before the Council previously and has started work without permit. Mr. Porter recommended that the permit be issued after the applicant has obtained an excavation permit and the illegal fill removed. Mr. Sommer stated he was notified that he had to clean up the property, that he would have to obtain permits. Mr. Sommer stated that he did not authorize the fill dirt to be put in. Mr. P 0 r t e r s u 9 g est e d t hat add it ion a l' 1 a n g u age be i n c OT P 0 rat e d into the staff recommendation, lIafter applicant first obtains an excavation permit and removed the fill which was brought inll. \.. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATIONS. Mr. Sommer discussed a problem on the property in regards to ~lgae build-up. The only way to deal with the problem is to cover it up. 57. Slavick1s Holiday Campground This item was taken up previously in the meeting. Wilfred Atkinson - CDC House Relocation Request 58. "- Mr. Rede explained that this house was originally built outside of the city and no capital improvement fees were paid to the cit~ and on a remodeling of 600 square feet, capital improvements fees should be paid. Bob Switzer, representing the C.D.C., stated that this is not a new buiding and does not make any additional demands on existing facilities. Mr. Switzer asked the council to consider a waiver of fees for the project. MOVED BY TORN, S~CONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE WAIVER OF CAPITAL IMPROVEMENT FEES EXCEPT FOR WATER CAPITAL IMPROVEMENT FEES SUBJECT TO DEED RESTRICTIONS AGAINST FUTURE RESIDENTAIL DEVELOPMENT ON THE PROPERTY THE HOUSE WAS MOVED FROM AND REFER SCHOOL FEES REQUEST TO THE SCHOOL BOARD. '~ ~ lJf Page eight City Council Minutes July 27, 1982 59. Zone Change.81-2, Changing R-2 property to R-3, Ordinance 709 _ Second Readlng. Mr. Morrissey have background information on the Zone Change based on.a report dated July 20, 1982 to the City Council stating the appllcant has complied with the conditions of approval. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 709 AN ORDINANCE OF THE CITY tOUNCIL OF THE CITY OF LAKE ELSINORE CHANGING THE ZONING OF CERTAIN PARCELS FROM R-2 TO R-3. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 709. - AYES: NOES: ABSENT: .. KNIGHT, TORN, VALENZUELA, UNSWORTH NONE MACMURRAY 60. Conditional Use Permit #81-17 - Snyder - Six Month Review. Mr. Morrissey gave background information regarding Conditional Use Permit #81-17 which was approved subject to a six month review, or the final actions of the Planning Commission/City C.ouncil Joint Study Session, whichever one occurred first. Mr. Torn expressed concerns as to whether hand gliding is an appropriate use along the lcke perimeter. Mr. Unsworth suggested the applicant be given until the first meeting in September- to comply with the original conditions of approval for the approved 20 acres. ... MOVED BY TORN, SECONDED BY K~IGHT, AND CARRIED UNANIMOUSLY TO HOLD OFF THE DECISION ON THE REVIEW PERIOD UNTIL AFTER THE SEPTEMBER 14TH MEETING AND STAFF MAKE THE APPLICANT AWARE OF THE AREAS IN WHICH HE IS NOT IN COMPLIANCE. / Mr. Finburg stated he had originally put in a wood fence on the property, however, people started taking it down and using it for fire wood. Discussion ensued regarding the need for an additional con- ditional use permit for any ar~a above the 20 acres. Resolution - Statute of Limitations for Review of City Decisions 61. Mr. Porter gave background information on the need for the resolution which would provide that a petition for judiciary review must be filed IInot later than the 90th day following the date on which the decision becomes final.1I MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE THE RESOLUTION. AYES: NOES: ABSENT: KNIGHT, VALENZUELA, UNSWORTH NONE MACMURRAY, TORN - 62. Flame Retardant Roofs Discussion ensued regarding what types of roofs are flame retardant, and whether council should wait until the state legislation takes possible action in January. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO SET A COUNCIL POLICY TO PREPARE T~E LOCAL ORDINANCE REGARDING FLAME RETARDANT ROOFS. ~~~ Page nine City Council Minutes July 27, 1982 BUSINESS ITEMS Continued. 62. Flame Retardant Roofs - Continued. Roll call vote on motion: AYES: NOES: ABSENT: KNIGHT, VALENZUELA, UNSWORTH TORN MACMURRAY , 63. Animal Control Ordinance Mr. Foster gave background information on the need for the Animal Control Ordinance for enforcement purposes. The proposed fees will be the same as the County's. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO READ BY TITLE ONLY. ~ i~ ,~ ~ ~ ~ ~ ORDINANCE NO. 641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REPEALING ORDINANCES 396, 489, 580 AND 589 AND LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.04 AND PROVIDING FOR THE LICENSING OF DOGS AND IMPOUNDING OF ANIMALS: REGULATING THE KEEPING AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS: PROVIDING FOR THE CONTROL AND SUPPRESSION OF RABIES: CONCERNING THE DUTIES OF THE ANIMAL CONTROL OFFICER. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY.TO APPROVE THE FIRST READING OF ORDINANCE NO. 641. l l AYES: NOES: ABSENT: KNIGHT, TORN, VALENZUELA, UNSWORTH NONE MACMURRAY 64. Swap Meet Ordinance Mr. Rede asked that this item be continued so staff can investigate this ordinance further. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO CONTINUE. Council concurred to have staff work with Mr. Harmatz on the preparing of the ordinance. 65. Card Room Ordinance Mr. Torn felt the existing principles at the Card Room should be aware of the ordinance and staff should receive their input. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO TABLE THIS ITEM INDEFINITELY. REPORTS AND RECOMMENDATIONS L Mr. Rede announced that Joe Kicak, City Engineer will be leaving the City to devote more time to his private business as of July 30, 1982. Mr. Rede gave the Council a list of proposed study sessions and with Council concurrance the following dates were set: ~~:t Page ten City Council Minutes July 27, 1982 REPORTS AND RECOMMENDATIONS - Continued. Organization Issue Date Time King Video Council/Redevel- opment Agency City Council Cable Television 8~3-82 8-5-82 7 - 9 p.m. 7 - 9 p.m. Funding-Regional Sewer Treatment Plant Policy Formation (Team Building) Planning Commission General Plan 8-14-82 9 a.m.-l p.m. .... 8-16-82 7 - 9 p.m. 7 - 9 p.m. Community Develop- Community Development 8-18-82 ment Counci 1 Planning Commission Lakefront Property 8-25-82 Maintenance & Control 7 - 9 p.m. Recreation and Recreation and Park Plan 8-31-82 Park District 7 - 9 p.m. Mr. Torn reported the lights in Tract #11939, which was not built, have been on, with the city now paying the light bill on those lights. Mr. Torn felt if the lights are not serving a purpose, they should be turned off. Mr. Rede stated that staff will report back at the next meeting. COUNCIL RECESSED TO THE REDEVELOPMENT MEETING AT 1:05 A.M. COUNCIL RECONVENED AT 1 :25 A.M. COUNCIL ADJOURNED TO CLOSED SESSION TO DISCUSS LITIGATION MATTERS AT 1:25 A.M. COUNCIL RECONVENED AT 1:35 A.M. ...,J Mr. Rede reported that Fritz Neumann has offered a 2.5 acre parcel to the city for $200,000. Staff feels the property does have potential. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER BE DIRECTED TO ENTER INTO NEGOTIATIONS WITH FRITZ NEUMANN FOR THE PURCHASE OF THE PROPERTY. ADJOURNMENT MOVED BY VALENZUELA, SECONDED BY TORN, AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 1:40 A.M. . ATTEST: ~~J~'~ ...