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HomeMy WebLinkAbout10-12-1982 City Council Minutes29 CITY OF LAKE ELSINORE REGULAR CITY COUNC -IL MEETING TUESDAY, OCTOBER 12, 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 7:34 p.m. by Mayor Unsworth. war 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, MACMURRAY, TORN, VALENZUELA, "UNSWORTH ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Rede, City Attorney Porter, City Clerk Harrington, Community Development Director Trevino, Public Works Director Rubel and Finance Director Ronnow. PRESENTATIONS /PROCLAMATIONS Mayor Unsworth read a proclamation proclaiming the week of October 18 through 24, 1982, as National Business Women's Week. This proclamation ;was presented to Ruby Atkinson. CONSENT CALENDAR The following items were removed from the Consent Calendar for further .,., 'consideration and discussion: 2, 3, 4, and 10. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. Minutes: a. September 20, 1982 - Special Meeting - Approved as presented. b. September 28, 1982 - Regular Meeting - Approved as presented. 2. Resolution - Designating July 4, 1983 as Founder's Day - Removed from the Consent Calendar. 3. Resolution - signifying intention to submit claim for funds - Removed from the Consent Calendar. 4. Agreement - Freeway Maintenance Agreement with State of California - Removed from the Consent Calendar. 5. Deed Restriction Notices - Notice of Flood Hazard: Council accepted and authrorized�the-City.Clerk to record with the Riverside County Recorder's Office the following three (3) Deed Restriction Notices: 17037 West Lakeshore Drive - Alberto Dourias /Richard Murphy 518 North Riley Street - Norton D. Oliver 31941 Corydon Road - John S. Morris mow 6. Hold Harmless Agreements - Council accepted and authroized the City Clerk to record the following two (2) Hold Harmless Agreements with the Riverside County Recorder's Office: 32500 Riverside Drive - Alexander S. Wood (Roadrunner R.V. Park) 17201 West Lakeshore Drive - Oma I. Slavick (Slavick Campground) 'a Page two City Council Minutes October 12, 1982 CONSENT CALENDAR - Continued. `L y 7. Deed Restriction Notice - Notice of Flood Hazard - Council accepted a recorded Deed Restriction for 17887 West Lakeshore Drive for Steven D. Roth. 8. Street and Alley Dedications - Council accepted and authorized the City Clerk to record the following six (6) Street Dedications and two (2) Alley Dedications with the Riverside County Recorder's Office. Street Dedications: 31941 Corydon Road 101 Mohn Street 32500 Riverside Drive 17037 W. Lakeshore Drive 301 & 303 W. Graham 32790 Riverside Drive Alley Dedications: Lakeside Mini- Storage C & H Gonzales Corporation Alexander S. Wood (Roadrunner RV Park) Alberto Dorias /Richard Murphy Howard and Libby Barrick Ervin S. Palmer (Elsinore West Marina) 105 A, B, & C Mohr Street - Berk McCollom 303 W. Heald Avenue - Wildred R. Atkinson 9. Full Curb,Gutter, Sidewalk & Paving Agreement along with Partial Paving Agreements - Council accepted and authorized the City Clerk to record the following ten (10) Full Agreements (Curb, Gutter, Sidewalk and Paving) and two (2) Paving Agreements with the Riverside County Recorder's Office. Full Agreements: 109 Davis Street 96 Eleanor Street 303 & 303-1, W. Heald 16883 Sannelle Street 17333 McBride Street 17322 Shrier Street 16848 Holborow Street 32500 Riverside Drive 17037 W. Lakeshore Drive 17360 Shrier Street Partial Agreements: 17440 Bromley Street 212 Campus Way Virginia Frances O'Grady Douglas and Patricia Holmes Wilfred and Dolores Atkinson Robert H. Hutchins E. W. and Mary V. Leverett Jimmy and Deborah Leverett John C. Nalore Alexander S. Wood Alberto Dorias /Richard Murphy Helen R. Shafer - D'irectors Securities, DBA U.S. Rural Homes - Directors Securities, DBA U.S. Rural Homes 10. Merrified Request - Removed from the Consent Calendar. 11. Building Monthly Activity Report - September, 1982 - accepted as an informational item. 12. Fire Safety /Housing Monthly Report - September, 1982 - accepted as an informational item. 13. Code Enforcement Monthly Report - September, 1982 - accepted as an informational item. 14. Animal Control Monthly Report - September, 1982 - accepted as an informational item. 15. Warrant List - September, 1982 - Approved Warrant numbers 16941 through 17121 with a total. expenditure of $358,149.10. 16. Set for Public Hearing - November 9, 1982 - Conditional Use Permit #82 -8 - Approved. 17. Set for Public Hearing - November 9 and 23, 1982 - General Plan - Approved. 294 Page three City Council Minutes October 12, 1982 CONSENT CALENDAR - ITEMS REMOVED FROM THE CONSENT CALENDAR. 2. Resolution - Designating July 4, 1983 as Founder's Day - Mr. Unsworth reported the date on the Resolution was incorrect, the correct date is July 3, 1983. RESOLUTION NO. 82 -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING JULY 3, 1983, AS ... FOUNDER'S DAY JUBILEE IN HONOR OF THE CITY'S 100TH ANNIVERSARY. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE RESOLUTION AS CORRECTED. 3. Resolution - signifying intention to submit claim for funds - Mr. Carter asked for clarification as to if this was Senate Bill 325. Mr. Rede reported this.was under SB 325. Mr. Rede stated under Article 4,, the City will receive $142,494 and under Article 8 the City will receive 21,508. RESOLUTION NO. 82 -72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SIGNIFYING ITS INTENTION TO SUBMIT A CLAIM FOR FUNDS UNDER THE TRANSPORTATION DEVELOPMENT ACT OF 1971 AND AUTHORIZING THE CITY MANAGER TO COMPLETE ALL DOCUMENTS TO SUPPORT CLAIMS FOR FUNDS. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY­TO APPROVE RESOLUTION NO. 82 -72. 4. Agreement -Freeway Maintenance Agreement with State of California: "o Mr. Torn stated he was under the impression that Collier Street was to be connected to Main Street and would not want the agreement approved until such time as, Collier has been addressed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED THAT THIS BE CONTINUED PENDING REQUEST OF CALTRANS THAT THE EXTENSION OF COLLIER BE IMPROVED. 10. Merrified Request: Mr. Knight asked to be excused from the discussion of this item because of a conflict of interest. Mr. Frazier gave background information on Mr. Merrifield's request stating that Mr. Merrified has been evicted from the building owned by Mr. Wells. The Phone Company has informed him that they will not be able to relocate his answering service equipment until March 1, 1983. Mr. Merrified has relocated into a trailer on City right -of -way and /or Mr. Wells' property on the northerly side of the building he had been evicted from. Ms. Valenzuela expressed concern regarding the service which is provided by Mr. Merrifield to professionals in the valley such as doctors and the problems it would cause if the business were to be shut down suddenly. Ms. Valenzuela reported that she has received a letter stating that the phone company would be able relocate the answering phone service on December 1, 1982. She would not like to see the applicant or the residents go without this service for six weeks. MOVED BY MACMURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT MR. MERRIFIELD BE ALLOWED TO CONTINUED UNTIL SUCH A TIME THAT HIS SERVICES CAN BE RE- ESTABLISHED AT A MORE DESIRABLE LOCATION BY DECEMBER 1, 1982 OR AT THE FIRST AVAILABLE TIME BY THE PHONE UTILITY, THAT THE TIRES BE PUT BACK ON THE TRAILER AND THAT A LETTER BE SENT TO THE PHONE COMPANY TO THIS EFFECT. r •1jauz Page four City Council Minutes October 12, 1982 CONSENT CALENDAR - Continued. 10. Merrifield Request - Continued Mr. Torn felt the needs of the people utilizing the service have been addressed but can not excuse Mr. Merrifield's disregard for following the proper procedure in approving a blanket approval. Normally Mr. Merrifield would have paid fees and gone through the process normally. Mr. Torn felt the motion should address the Conditional Use Process and the application for encroachment. Mr. Torn felt Mr. Merrifield should be required to go through the proper process. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED TO AMEND THE MOTION TO HAVE MR. MERRIFIELD DIRECTED TO APPLY FOR A CONDITIONAL USE PERMIT WITHIN FIVE (5) WORKING DAYS AND AN ENCROACHMENT PERMIT AND THAT ALL THE NORMAL FEES BE COLLECTED.' THE CITY SHOULD HAVE A HANDS -OFF ATTITUTE AS FAR AS HIS LANDLORD IS CONCERNED. VOTE ON AMENDMENT TO THE MOTION: AYES: MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ABSTENTIONS: KNIGHT VOTE ON MOTION: AYES: MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ABSTENTIONS: KNIGHT INTRODUCTION OF CITY ENGINEER /PUBLIC WORKS DIRECTOR AND COMMUNITY DEVELOPMENT DIRECTOR. Mr. Rede introduced Mr. Norman Rubel as the City Engineer /Public Works Director and Mr. Robert Trevino as the Community Development Director. PUBLIC HEARINGS 31. Special Channel Weed Abatement Mayor Unsworth announced that this was the time and place for a public hearing on a special Channel Weed Abatement program. Mr. Rubel reported the County of Riverside has offered to expend certain funds to assist the City in cleaning of the outflow channel. It has been determined that in order to provide the right for the City or County personnel to enter upon private properties and clear the channel, a weed abatement procedure should be undertaken. Notices were sent to the property owners as required by law. According to the report provided to the Council the work will be commenced by the County on October 18th and should be completed by approximately November 30th. The plan is to spray the weed growth in the channel with a weed control agent called'Diquat. Following the spraying, a tractor will grade a 6 to 10 foot wide dirt fire control and access road adjacent to both sides of the channel where the road is needed and does not presently exist. The burnable brush and weeds after drying will be burned followed by some channel cleaning using mechanical equipment such as a dozer, dragline or grade -all. After the channel is burned and cleaned to the extent that funds will allow, a second chemical, Karmex, will be applied to retard future weed growth. Mayor Unsworth opened the public hearing asking if anyone would like to speak in favor of the project. Mr. Carter spoke regarding the Tilley Agreement and the cleaning of the outflow channel, stating the City has the right to clean the Channel. `yb Page five City Council Minutes October 12, 1982 PUBLIC HEARINGS - Continued. 31. Special Channel Weed Abatement - Continued. John Finnel,214 Riley,asked how the chemical Diquat and Karmex will affect animals and humans. Bob Nelson, County of Riverside, reported the spray has been used in the past with no adverse effects or complaints. j Mr. Nelson suggested keeping animals away from the area during the spraying and for one or two days. i Bill Hisey, County of Riverside, reported the chemicals are registered with the State. Diquat is an aquatic weed spray and cautioned people from coming into direct contact with it. Mr. Hisey reported the chemicals from the downtown area to the lake will be ground applicated, the downstream area will be aerial application. The public hearing was closed at 8 :25 p.m. Mr. Porter reported the reason staff has chosen the week abatement process was to obtain access to the private property. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO ORDER THE DIRECTOR OF PUBLIC WORKS TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH, REFUSE AND DIRT REMOVED PURSUANT TO RESOLUTION NO. 82 -68. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION AS FOLLOWS: I 1. APPROVE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND RIVERSIDE COUNTY FLOOD CONTROL DISTRICT FOR THEIR SERVICES WHICH INCLUDE, BUT ARE NOT LIMITED TO, HAND SPRAYING OF THE WEEDS ALONG THE CHANNEL IN THE DEVELOPED AREA, $9,100. i 2. APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE FIRE DEPART- MENT WHICH WILL PROVIDE FOR THEIR ASSISTANCE IN BURNING THE WEEDS IN THE CHANNEL APPROXIMATELY 10 DAYS TO 2 WEEKS AFTER THE CHANNEL SPRAYING. 3. AUTHORIZE THE CITY MANAGER TO UTILIZE EMERGENCY PROCUREMENT PROCEDURE PER LAKE ELSINORE MUNICIPAL CODE, SECTION 3.08.070, AND SIGN NECESSARY AGREEMENTS FOR HIRING EQUIPMENT AND OPERATORS AS MAY BE REQUIRED FOR THE CLEARING OF FIREROADS FOR WEED AND BRUSH BURNING AND FOR CLEANING THE CHANNEL AFTER THE SPRAYING AND BURNING HAS BEEN COMPLETED. . 4. APPROVE AGREEMENT WITH A HELICOPTER OPERATOR TO PROVIDE WEED SPRAYING IN THE CHANNEL IN THE UNDEVELOPED AREA. 32. Sewer Rates Adjustment - Ordinance Mayor Unsworth announced that this was the time and place for a public hearing on Sewer Rates Adjustment. Mr. Foster reported in light of the past and projected revenue loss levels, staff is recommending an increase on all sewer charges. This will make the residential rate $8.00 per month. Mayor Unsworth opened the public hearing at 8:35 p.m. asking if anyone would like to speak in favor of the sewer rate adjustment. No one asked to speak. Mayor Unsworth asked if anyone would like to speak in opposition to the sewer rate adjustment. No one asked to speak. The public hearing was closed at 8:38 p.m. MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED TO READ THE ORDINANCE BY TITLE ONLY. •ld J 1 Page six City Council Minutes October 12, 1982 PUBLIC HEARINGS - Continued. 32. Sewer Rates Adjustment - Ordinance - Continued. The City Clerk read the title of the Ordinance: ORDINANCE NO. 660 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NUMBER 563, SECTION 1 and 627 SECTION 4 (PART) AND LAKE ELSINORE MUNICIPAL CODE SECTION 13.26.170 TO PERMIT SEWER SERVICE CHARGES TO BE ESTABLISHED BY RESOLUTION FOR VARIOUS CATEGORIES OF SERVICE. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 660. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE Council concurred to break at 8:41 p.m. Council reconvened at 8:48 p.m. BUSINESS ITEMS 51. Stokes Request - 18135 West Lakeshore Drive Hir— Frazier reported the property had been damaged in the 1980 Flood and allowed by Appeals Board decision to remain standing and staff obtain City Council approval to issue permits on November 10, 1981, provided a Deed Restriction Notice was obtained. Mr. Frazier stated he was not sure if the property was in the Redevelopment Project area. The Stokes have requested the City lease the two adjoining lots to them. Mr. Stokes stated he was not sure if the gasoline tanks are on his property or the city's property. Mr. Stokes requested the City lease or rent the property adjoining his to him. Ms. Valenzuela stated she would like this item continued until it is determined whether the property is in a Redevelopment Project Area. Mr. Stokes stated he does not really want to keep the tanks, however, the tanks have been maintained properly. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY THE REQUEST FOR THE LEASE WITHOUT PREJUDICE FOR THE TWO ADJOINING LOTS. Mr. Frazier stated Mr. Stokes can rehabilitate the commercial building if he so desires. 52. Johnston Request - 32081 Corydon Road - Permit for replacement of mobile home. Mr. Richard Johnston, 32801 Corydon, stated he would like to return to his property under the same conditions prior to the flooding, and live in a mobile home. Mr. Rede stated there have been precidents in cases such as this, however the Council reviews the requests on a case by case basis. Mrs. Barrett was given permission to relocate on her property because of security reasons under a Conditional Use Permit. Mr. Rede stated the Council could grant permission if they so desired and required the applicant to go through the Conditional Use Permit process. 2 9 N Page seven City Council Minutes October 12, 1982 BUSINESS ITEMS - Continued. 52. Johnston Request — Continued. Mr. Johnston stated he has already gone through the Conditional Use process when they moved on the property and did not feel it would be fair to pay the fees and go through the process again. Mr. Rede stated the main reason for the process would be for the City to assure itself that the condtions which were established in the past will be complied with and the second reason would be for reoccupancy. Mr. Rede stated he did not know they had gone through the process previously and did not feel that the applicant should be required to pay the fees again. Mr. Rede reported that the original Conditional Use Permit in 1975 was allowed under a blanket CUP for a period of one (1) year after final approval. The CUP officially expired on January 5, 1977. Mr. Johnston reported there has been substantial vandalism to the building and his plane which had been located there. Mrs. Johnston stated they have the property leased at the present time to Perris Valley Ultralights, there are approximately 20 ultralights located on the property at the present time. Mr. Torn asked the City Attorney if the request is approved, would it be possible to deed restrict their lease of the property for anyone other then themselves, and at such time the Johnstons move the mobile home would have to be moved also. Mr. Porter stated this could be accomplished through the Conditional Use procedure and could be conditioned accordingly. The same thing could be accomplished through deed restrictions on the property *•+ which may include a clause which will act as a penalty. The simplest method would be the CUP process. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT THE JOHNSTONS BE ALLOWED TO RE- OCCUPY THE PROPERTY THEY WERE DISPLACED FROM DURING THE 1980 FLOOD, THAT THEY BE DIRECTED TO APPLY FOR A CONDITIONAL USE PERMIT, THAT CONDITIONAL USE PERMIT FEES BE WAIVED; THAT THE CONDITIONS ON THIS PROPERTY REFLECT THOSE FINDINGS THE CITY COUNCIL USED AS CONDITIONS ON THE BARRETT PROPOSAL AND THAT FURTHER;THAT ONE OF THE CONDITIONS BE THAT THIS USE IS FOR THEIR EXCLUSIVE USE AND THAT THE MOBILE HOME CAN NOT BE LEASED OR SOLD WITHOUT VOIDING THE CONDITIONAL USE PERMIT. 53. Liquid Waste Disposal Mr. Porter gave back ground information on the Liquid Waste Disposal Item stating there have been subjects which the Council has been interested in: 1) An Agreement with Rightway Chemical to provide for reduction of fees in exchange for services and 2) The problem the City faces with the over - burdening of the Liquid Waste Disposal Facility and the elimination of the excess effluent being dumped. Mr. Porter reported as it currently stands the City can not undertake activities which d minish competition. Mr. Porter recommended the City not restrict business licenses for liquid waste but continue to have increased fees for effluent which is generated from outside the city limits. Moved by Torn, to approve an additional 90 day moratorium on issuance of business licenses for liquid waste_to enable further study on this matter.and applicants for dumping into the City's facility. Mr. Porter suggested that if the Council is desirous of a moratorium the moratorium should not only be for business licenses for liquid waste haulers but for all applicants for use of the City's Facility. The above motion died for lack of a second. Page eight City Council Minutes October 12, 1982 BUSINESS ITEMS - Continued. 53. Liquid Waste Disposal - Continued. Mr. Porter stated the next item before the Council would be the agreement with Rightway Chemical. 54. Rightway Chemical Agreement 1 Mr. Foster reported at the September 28th City Council meeting, staff was given direction to develop, for Council consideration, an agreement between the City and Rightway Chemical for a reduced_ dump fee in return for an In -Kind service agreement. Mr. Foster recommended the Council reduce the rate only for sewage pumped from within the corporate City limits; levels of liability and property damage Insurance to be held at the same levels required by the refuse contractor; and approve a one year agreement. Ms. Valenzuela stated she did not feel that trade -offs are a good method of doing business and would prefer to see the bills and have Mr. Harding pay the approved dumping fees and the City pay Rightway for services rendered. Mr. Torn felt the City should operate in a less formal trade -off situation because the city has benefitted from services rendered by Rightway Chemical in the past. Mr. Knight stated he was not in favor of trade -offs and felt the City should utilize all businesses located in the city for work to be done. Mr. Porter stated if the city were not to negotiate openly for the agreement, that could cause anti -trust liability. However, the other contractor does not have the capability of performing the services that Rightway can perform for the City. Moved by Valenzuela, seconded by MacMurray that the City will not have any trade -offs, either written or orally. Valenzuela and MacMurray withdrew their motion and second. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED THAT THE CITY SHALL TERMINATE THE ORAL AGREEMENT (IF ANY) WITH RIGHTWAY AND THAT IN THE FUTURE, RIGHTWAY SHALL PAY ESTABLISHED FEES AT THE DUMPING FACILITY AND THE CITY SHALL PAY FOR SERVICES THEY HAVE CONTRACTED WITH RIGHTWAY. AYES: MACMURRAY, VALENZUELA;: UNSWORTH NOES: TORN, KNIGHT ABSENT: NONE 55. Lake Community Center Building Expansion Mr. Rubel gave background information on the Lake Community Center Building Expansion stating a low bid of $87,288 was received for this project on June 22, 1982. At this meeting, the City Council rejected the bids and directed staff to consider construction of only the most necessary facilities with the City being owner - builder and contracting separately with the various trades. Mr. Foster reported he has been in contact with the Director of the Office on Aging and indicates there has not been a commitment from the State as to if they will fund for the Federal Fiscal Year. Mr. Foster stated since the city has not broken ground or taken any concrete action,the Office on Aging was forced to notify the State to that effect, which put into jeopardy our $50,000 grant. By the City appropriating the $50,000, this will show the State our intention and motivate the State to extend our funding into the next quarter of the Federal Calendar Year. 151111� Page nine - City Council Minutes October 12, 1982 55. Lake Community Center Building Expansion - Continued. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROPRIATE THE $50,000 FOR THE LAKE COMMUNITY CENTER BUILDING EXPANSION. Mr. Unsworth reported there have been two complaints regarding the Community Center. 1. We have committed ourselves to get the nutrition center into the facility; 2. The Users have no place to store their materials. Council concurred that when a design engineer is brought in that we have a brief study session so the Council can make their desires known. 56. Bingo Ordinance /Expansion of Bingo Definition and Resolution Mr. Steel stated the intent of the ordinance is to allow local bingo operators to use the pre - printed cards, which would increase the fund raising capability of the local operators. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of the ordinance: - ORDINANCE NO. 661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING SECTION ONE OF ORDINANCE NO. 564 AND LAKE ELSINORE MUNICIPAL CODE SECTION 5.29. 020, EXPANDING THE DEFINITION OF BINGO. MOVED BY VALENZUELA, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. 661. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE RESOLUTION NO. 82 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ESTABLISHING LICENSE FEES FOR BINGO GAME OPERATORS. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ,APPROVE RESOLUTION NO. 82 -73. 57. Business License Fees - Ordinance (Second Reading) MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of Ordinance No. 657 ORDINANCE NO. 657 AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING PORTION OF ORDINANCE NO. 399, ORDINANCE NO. 465, ORDINANCE NO. 521, AND ORDINANCE NO. 538, AND PORTIONS OF LAKE ELSINORE MUNICIPAL CODE CHAPTERS 5.08, AND 5.16 CONCERNING BUSINESS LICENSE FEES TO PROVIDE FOR NEW CATEGORIES TO COMPUTE APPLICABLE BUSINESS LICENSE FEES AND TO PROVIDE FOR A NEW MANNER BY WHICH SAID FEES ARE ESTABLISHED AND AMENDED. MOVED BY KNIGHT, SECONDED BY VALENZUELA, AND CARRIED UNANIMOUSLY TO APPROVE THE SECOND READING OF ORDINANCE NO. 657. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE "no av -� Page ten City Council Meeting October 12, 1982 BUSINESS ITEMS - Continued. 58. Business License Fees - Resolution Raymond Kent, representing the Chamber of Commerce, thanked Mr. Rede for providing a copy of the proposed Resolution. Mr. Kent stated for the record, the Chamber feels the Resolution is poorly written, ill conceived and repressive in its adaptation, and is opposed to it. Mr. Kent felt the employee fee was not only repressive but a hidden tax, it is an employer tax. Mr. Kent stated the Chamber feels very stongly on this employee tax that if the Council approves this section, the Chamber will seek an injunction and test the constitutionality of this section and all other sections in the courts. Mr. Porter stated the tax is not a hidden tax, it is an open tax, this is an acceptable, constitutional method for cities to raise revenues. The California Supreme Courts has recently ?� ruled that business taxes such as these may be raised and are not it in violation of Proposition 13. Lon Chaney, businessman in the downtown section of Lake Elsinore, concurred that this body should hold a study session with the Q representatives of the Business Association and the Chamber of Commerce to allow input on the fee schedule. He is in agreement that the fees are too low and need to be adjusted. He has a problem that the fees can be automatically increased ten percent. Mr. Rede reported the Council would have the discretion whether or not to implement the increase. Mr. Rede stated that further study would be helpful. Mr. Rede stated the only comments he has received from the Chamber have been from Mr. Sproule. A Study Session was Scheduled for November 1st at 7:00 p.m. 159. Lakeshore Control Ordinances Mr. Porter reported the Ordinance pertaining to burning of materials has been previously adopted by the City Council and the ordinance pertaining to the mobile homes is a rewrite of-an existing ordinance. Mr. Torn suggested a Specific Plan Zone over laid on the lake perimeter. He would be interested in defining the scope of the problems, geographically, and then writing an ordinance appropriate for the zone. Mr. Torn felt the Council needs to set down and prioritize the items they would like to work on in the immediate future relative to the lake perimeter. Council concurred to approach this item from a planning aspect, with no action taken at this time. 60. Zoning Designations - City Policy Mr. Trevino reported that Mr. Bob Williams has submitted a letter to staff requesting a portion of Caltrans right -of -way deeded back to the adjacent property owner receive the same zoning as the adjacent parcel. Staff reported that the portion of the Caltrans right -of -way recently deeded to the adjacent property owner was not part of the zoning action which rezoned the adjacent parcel. Staff has taken the position the only property approved in the zone change was the area specified by the legal description. Mr. Porter stated the applicant, Mr. Williams, needs to file a Zone Change application. Mr. Torn asked if this was the property which the MacDonalds plans to locate. Mr. Trevino stated this was the location for the MacDonalds and that staff has the plans on file and the item will be heard on the next Planning Commission Agenda. 43uz Page eleven City Council Minutes October 12, 1982 BUSINESS ITEMS - Continued. 60. Zoning Designations - City Policy MOVED BY TORN, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY THAT WE EXPEDITE THE ZONE CHANGE APPLICATION THROUGH BACK TO BACK HEARINGS AND AGENDIZE AS FAST AS POSSIBLE. 61. Travel and Training Policy Mr. Rede reported this policy should be implemented as an ordinance and recommended that this item be continued until some legal problems can be resolved and an ordinance prepared. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO CONTINUE THIS ITEM UNTIL AN ORDINANCE IS PREPARED AND IN THE EVENT THERE IS FURTHER DISCUSSION ON THE PART OF THE COUNCIL. 62. Ordinance - Zone Change #82 -7, First Reading. Mr. Trevino reported the Council approve the Zone Change subject to four conditions of approval. The purpose of the change of zone from C -1 (Limited Commercial) to C -2 (General Commercial) and from C -2 to C -1 was to allow two (2) properties, whose boundaries were recently adjusted with Lot Line Adjustment #82 -3, to have consistent zoning. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO READ THE ORDINANCE BY TITLE ONLY. The City Clerk read the title of Ordinance No. 662. ORDINANCE NO. 662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY FROM C -1 (LIMITED COMMERCIAL) TO C -2, (GENERAL COMMERCIAL) AND OTHER CONTIGUOUS PROPERTY FROM C -2 (GENERAL COMMERCIAL) TO C -1 (LIMITED COMMERCIAL). MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE FIRST READING OF ORDINANCE NO. AYES: KNIGHT, MACMURRAY, VALENZUELA, UNSWORTH NOES: TORN ABSENT: NONE 63. Ordinance - Zone Change #82 -3, Second Reading. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. The City Clerk read the title of the Ordinance. ORDINANCE NO. 658 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING CERTAIN PROPERTY TO INCORPORATE PRESENT COUNTY ZONING DISTRICTS WITHIN THE GATEWAY ANNEXATION AREA. MOVED BY KNIGHT, SECONDED BY MACMURRAY AND CARRIED UNANIMOUSLY TO APPROVE THE SECONDED READING OF ORDINANCE NO. 658, SUBJECT TO THE PLANNING COMMISSION RECOMMENDATION. 1. ENGINEERING STAFF ACCEPTANCE OF LEGAL DESCRIPTION AS ACCURATE. 2. A F1ND!ING OF CONSISTENCY -WITH THE EXISTING GENERAL PLAN AND ALL GENERAL PLAN ELEMENTS TO BE ADOPTED. AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSWORTH NOES: NONE ABSENT: NONE ,Oua Page twelve City Council Minutes October 12, 1982 BUSINESS ITEMS - Continued. 64. Ordinance - Revisions to the Parking Ordinance. Mr. Trevino reported on the revisions to the Parking Ordinance, which received first reading by the City Council on September 28, _ 1982. MOVED BY MACMURRAY, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO READ BY TITLE ONLY. ORDINANCE NO. 659 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING PORTIONS OF ORDINANCE NO. 704, TO REVISE INTERIOR LANDSCAPING REQUIREMENTS AND TO PROVIDE SPECIFIC PARKING REQUIREMENTS FOR SHOPPING CENTERS. ?� Discussion was led on the proposed nature of the ordinance and it was concurred that this item will be agendized for the next quarterly study session with the Planning Commission. Mr. Torn was concerned that the ordinance would not have the needed flexibility for the downtown area. 65. Lakey Request - YMCA Pumpkin Hunt Mr. Unsworth reported that Mrs. Lakey through the YMCA is trying to sponsor some programs that will be free to the public.and as a result has planned a Pumpkin Hunt for October 23, 1982, at the City Park between the hours of 3 and 4 p.m. Mrs. Lakey is asking for co- sponsorship to the effect that the City will allow free use of the City Park. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST OF MRS. LAKEY. PUBLIC COMMENTS Mrs. Riche asked the staff tospray the dike with some type of cement. Mr. Rubel will obtain a cost estimate and report back. Leon Grabonski, 295 N. Nichols reported he had two cars removed from his private property as a result of someone calling the Sheriff's Dept. and requesting the cars be removed. The person identified himself as the owner of the property, which he was not. The City Attorney stated this was a legal matter between two private parties and that the City Council could not become involved. Mr. Carter requested that the Council,who sets as the L.E.T.S. Agency, change the scheduling of the buses to Riverside back to what it was before. Mr. Torn explained the new schedule is only 6 minutes longer if the right buses are taken. Bob Jacobson, 174 N. Chestnut, requested the arrow at Sumner Street be taken care of to reflect a turning lane and a lane which can go straight. Mr. Rede will discuss the matter with Mr. Rubel. i Mr. Jacobson asked if the Council plans on having a bandstand at the City Park and if so, does the Council want to use the plans he has prepared. Mr. Rede stated the committee would like to look at the plans. REPORTS AND RECOMMENDATIONS Mr. Rede reported the City Attorney has advised him that action on the Downer Engineering Request needs Council action as well as Agency action. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE REQUEST TO HAVE THE HYDRANT LOCATED IN THE COLLIER AVENUE RIGHT -OF -WAY. Zu4 Page thirteen City Council Minutes October 12, 1982 REPORTS AND RECOMMENDATIONS Mr. Torn asked if the Public Safety Fee Ordinance has been prepared. Mr. Porter stated he was waiting for a court decision and should have something prepared by the next meeting for Council consideration. !Mr. Torn asked that staff look at the road shoulders, many are in very poor condition, one location is East Lakeshore running into*Mission Trail, hand the area where they have removed the dikes. There are trees on Collier by Riverside Drive which need to be trimmed back. 1Mr. Torn reported on the street markings in:.the Mission Trail area, the stripping needs to be re -done, from the intersection of Lakeshore and Mission Trail until you get to the County area. Mr. Knight stated that going to the Casino from Railroad Canyon, it is a two lane road and there is not any separation between the lanes. Mr. Torn stated the Council needs to vote on a Delegate and an Alternate for the League of California Cities. Council concurred to have Howie Torn as the Delegate and Arta Valenzuela as the alternate. Ms. Valenzuela asked that area in front of the post offices boxes located outside the Post Office be painted red. Staff-indicated that the area had been painted white and that white was the appropriate color. Mr. MacMurray asked what'the status was on the Senior Service Repair Program. Mr. Rede reported the program was funded by the County Agency on Aging through Housing and Community Development. The City withdrew from the organization and joined the Small Cities Organization. The City can reinstitute the program itself. Mr. Rede reported the vehicles belong to the County and the City would have to make an agreement with the County for use of the vehicle and appropriate funds to reactivate the program. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE CITY MANAGER REVIEW THIS AND BRING IT BACK AS SOON AS POSSIBLE SO IT CAN BE ACTIVATED, IF THE VEHICLES ARE AVAILABLE FUNDS WILL BE APPROPRIATED WITH A CAP OF $4,000. Mr. MacMurray asked what the status was on the Pedestrian Bridge crossing across the San Jacinto River Mr. Rede will look into the matter and report back to the Council. Mr. Knight asked what the capacity of the well, and will it do the job. Mr. Rede reported the quality and quantity of the flow needs to be determined and will report back. Mr. Knight asked the status of the street light at Railroad Canyon Road. Mr. Rubel stated he has not been able to make a determination of whether the city has the necessary materials to build the street light. Mr. Rubel will report back on the street light. The Electronics may have to be bid out. Mr. Knight reported at Pat Lucks Service Station there is a planter in the sidewalk and a person parks vehicles over the sidewalk and works on them. A portion of the sidewalk also needs to be repaired. The same problem occurs at Pioneer Lumber, in which cars park on the sidewalk. Mr. Knight asked that the stop signs be enforced and stop signs need to be placed at Ellis and Pottery and at Chestnut. Mr. Knight reported the office trailers are located at the ultralight business and at the Century 21 building. Mr. Rede reported the trailer at the Century 21 location, appears not to be occupied. Page fourteen City Council Minutes October 12, 1982 REPORTS AND RECOMMENDATIONS Mr. Knight reported at Thee Embers, they have been told the area that was to be a landscaped area within the parking lot, does not have to be installed. What is the time limit for getting the area paved and finished? Mr. Torn stated he was under the impression that the parking lot was to be improved at the same time as the Caltrans improvements take place. Mr. Knight reported the City has five names for a Police Research Committee. Moved by Knight, Seconded by Unsworth that the Committee be directed to look into possibilities of forming our own City Police Department. Mr. Torn stated there are some people who have applied for positions on the committees that he is not familiar with and would like to speak t.* wtih them prior to having them appointed to committees. Mr. Torn also t- felt the committee should look for the best possible service for the `"J ^ best possible price. This should be a research committee. Mr. Knight and Mr. Unsworth withdrew their motion and second. MOVED BY KNIGHT, SECONDED BY VALENZUELA TO ESTABLISH THE FOLLOWING COMMISSIONS: MOTION WAS CARRIED UNANIMOUSLY. AVIATION COMMITTEE HISTORICAL PRESERVATION COMMISSION FIRE RESEARCH COMMITTEE — POLICE RESEARCH COMMITTEE jPARKS ADVISORY COMMITTEE (COMMUNITY CENTER COMMITTEE Mr. Knight asked if the city will be purchasing the triangular piece of property owned by Mr. Shane. Mr. Knight felt this would be a good location for a Welcome to Lake Elsinore sign. Mr. Rede reported the staff has an appraisal on the property and there appears to be a dispute over its value with the property owner. Mr. Knight reported the stop sign at Central needs to be looked into. Mr. Unsworth reported the Sheriff cannot enforce some of our ordinances because of some technicalities. Staff will work with the Sheriff's Department on this matter. Mr. Unsworth stated the Kiwanis Club would like to volunteer their time and install street signs for the city, to enable the city crews to work on more important items. Mr. Unsworth suggested neighborhoods adopt a park for maintenance purposes. Mr. Unsworth asked if a location has been found for the Handball Courts. Mr. Torn and Mr. Unsworth will be looking into a site for the Courts. Mr. Unsworth stated the roadway the city has abandoned between the frontage road and Mission Trail, the blacktop has been removed, however, people are still using it as a roadway. Is there any liability to the city? Mr. Porter stated if it were vacated, it is private property. The City can barricade the City's property. Mr. Unsworth reported the San Jacinto Bridge has received damage to it as a result of two accidents and it needs to be looked at by the Public Works Department. Staff will look into the matter. Mr. Unsworth reported the frontage road is not striped and feels it should be before the weather becomes bad. There is also an ice machine which has been dumped on Riley Street which needs to be removed. COUNCIL ADJOURNED INTO CLOSED SESSION TO DISCUSS PERSONNEL MATTERS. AT 12:50 A.M. COUNCIL RECONVENED AT 1:15 A.M. WITH NO ACTION TAKEN. 1�� Page fifteen City Council Minutes October 12, 1982 ADJOURNMENT MOVED BY MAC MURRAY, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING AT 1:16 A.M. ATTEST: � Nw� I N G. UNSW RTH, MAYOR C TY OF LAKE ELSINORE