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HomeMy WebLinkAbout09-22-1981 City Council Minutes 63 CITY COUNCIL MEETING SEPTEMBER 22, 1981 The City Council of September 22, 1981. Stewart presiding. the City of Lake Elsinore met in regular session on Meeting was called to order at 7:30 P.M. with Mayor --- The Pledge of Allegiance was led by Councilman Baldwin with audience to remain standing thereafter as requested by Mayor Stewart. It was asked by Mayor Stewart to join in a moment of silence for the loss and death of Vanessa Iberri, and also requested the spirit of this community go out to Kelly Cartier in the hopes she return to her family and classmates soon. The City Council and community have agreed that the loss and violence shall be delt with as quickly as possible. Therefor, the City Council is directing $10,000.00 be appropriated as a reward for the capture and conviction of the person responsible for the neinous crime. Also commendations are given to the Orange County Sheriffs Department on the extensive amount of manpower that has been committed to this case. The reward is offered in an attempt to assist in their efforts, the City Attorney is herewith directed to work with the Orange County Sheriff's Department on the wording and placement of the reward. City Manager Rede explained to the audience and public that any infor- mation regarding this case should be submitted to the Orange County Sheriff's Department, office of burglary and homoside, 834-3000. ~ :JO ~ '-:> o o At 7:35 P.M. the REDEVELOPMENT AGENCY was called to order by Chairman Unsworth. The Deputy City Clerk called the roll. Present was Mayor Stewart, Council- man Unsworth, Councilman Baldwin, and Councilman Torn. City Manager Rede, Attorney Porter, Director of Building & Safety Frazier, Director of Plan- ning Morrissey, City Engineer Kicak, Finance Director Lew, Director of Public Works Blackford and staff members were also present. 1. Commercial structure at Peddler's Village. Staff gave presentation of request to Council concerning development standards and request of applicant for permit issuance. Motion BbardmemberTorn, second EbardmemberBaldwin to table this matter until special studies are conducted on development criteria. Tabled 4-0. 2. Residential Apartment Project. Staff gave presentation of requested two building, three units each building apatement. Location of pro- posed units was discussed. Motion B6ardmember Baldwin, second Boardmem- be.r Torn to approve apartment project. Approve 4-0. DISCUSSION: BoardmemberTorn requested pertinent materials, similar to Design Review or Planning Commission on floor design and plot plan, be included within Redevelopment packets. It was a concensus of this board for staff to schedule a study session with regard to Redevelopment Agency's input to Design Review Board and permit decisions with- in the City and how decisions will be impacted. *1.*2.*3.Motion Boardmember Baldwin, items #*3, *4, & *5 Redevelopment Agency be discussed and delt with under items #38, #39 & #40 on City Council Business Items. Decision thereof will be agreed, in con- curance by City Council and the Redevelopment Agency. It was a concensus of this Agency to hear Item #*4 at this time. *4. Agreement between E.V.M.W.D., Agency and City. Attorney Gene Nazarick gave presentation of draft agreement and formed restricted fund (Rancho Laguna Redevelopment Project Water Facility Fund) , commitment of tax increment for water feasibility. Explaination on major points of agreement were discussed. Responsibilities of E.V.M.W.D. were discussed. Motion Boardmember Baldwin to direct Chairman to execute the agreement for cooperation between E.V.M.WI L and Redevelopment Agency of the City of Lake Elsinore, second Boardmember Stewart. Boardmember Torn questioned Attorney regarding responsibility of district to provide facilities in areas of existing districts or E.V.M.W.D. Attorney gave explaination. Motion approved 4-0. Motion Boardmember Torn, second Boardmember Stewart to adjourn the Red- evelopment Agency to items #38 and #40 of Business Items. Adjourned 4-0. CONSENT CALENDAR On motion Councilman Unsworth, second Councilman Baldwin the following items were approved: 12. proclaiming "Fire Prevention Week" - Resolution 81-65 13. Honoring Supervisor Walt Abraham - Resolution 81-66 (as amended) 14. Set for Public Hearing - 10-13-81 A. Tract 15679 15. Authorize call for bids: A. City Park Sprinkler System 64 City Council meeting September 22, 1981 Consent Calendar (con't) 17. Setting Fees for certain Petitions. Resolution 81-67 18. Code Enforcement Officer & Safety Housing Inspector Reports 19. Certification of Nominees for Member of City Council by Riverside County Election Department. Item #11. Page #3 of minutes on Zone Change 81-2, item of conditions #3 and #4 are identical. Minutes to be corrected. Motion Councilman Unsworth second Councilman Baldwin. Approve 4-0 with corrections to be on next agenda. Item #15B Authorize call for bids: Construction of Water Line Avenue #6 and Mill Street. Engineer Kicak gave presentation of loop system from Lakeshore Drive to Avenue #6. This system would support existing systems for pressure and fire prevention. Engineer Kicak has had conversations with Farmers Home Administration for inclusion within Farmers Home Administration Loans, in addition to Capital Improve- ment Funds. Motion Councilman Baldwin to authorize advertisement for construction of water line and become part of the Farmers Home application if it does not indanger water seeking program, per foot reimbursement to be incorporated for return of funds, second Councilman Unsworth and duly approved. 4-0. Item #16. Late Appeals Request - 18135 W. Lakeshore Drive. Motion Council- man Baldwin, second Councilman Unsworth to deny request of late appeal. Discussion of deadline and time constraints were outlined by City Attorney. Director Frazier made a point of demolition time limits and 30 days necessary to take jurisdiction upon the property for abatement. E.J. Carter questioned late appeal. Councilman Unsworth, after discussion would like to agree with Councilman Torn on acceptance of late appeal. Motion died 1-3. Motion Councilman Torn to accept late appeal on 18135 W. Lakeshore Drive, second Councilman Unsworth. Approved 3-1. Point'of order was made by Councilman Baldwin cerning agenda schedule and time involved. It was decided to move to items and if necessary, to continue to next agenda. Item #20. Finance Director Recruitment. Mayor Stewart explained the desire and needs of the City to seek a permanent Financial Director. E.~. Carter questioned this item. Motion Councilman Baldwin, second Councilman Torn. Approved 4-0. .... ~ PUBLIC HEARINGS Item #21. Conditional Use Permit 81-6 (continued from 9/8/81) Staff gave presentation of contact made to applicant on hearing dates and staff recommendations. Applicant is not present. Mayor Stewart opened the public hearing at 8:28 P.M. It was asked if anyone within the audience would care to speak regard- ing relocation of trailer on vending food at the airport. Hear- ing was closed at 8:29 P.M. Motion Councilman Torn, second Councilman Unsworth to deny request for trailer use. Denied 4-0. Item #22. Conditional Exception 81-6. Staff gave presentation of variance requested within rear yard set back. Applicant Don Vickers was present. Mayor Stewart opened the hearing at 8:30 P.M. To speak in favor was applicant Don Vickers. No one to speak against, public hearing closed at 8:31 P.M. Motion Councilman Baldwin, second Councilman Torn to approve requested variance subject to environmental assessment form fees being returned to the applicant. Approved 4-0. Item #23. Housing Element. Staff gave presentation of materials on the proposed housing element and new materials to be included within. Council questioned time materials were given. Public Hearing was opened at 8:38 P.M. Mayor Stewart asked if anyone within the audience would care to speak in favor or opposition. Hearing none, the public hearing was closed at 8:39 P.M. City Manager indicated more study and revisions would be necessary and State deadline should be over- looked due to incomplete housing element document. Attorney Porter requested an extension on the General Plan to be included within a motion for Housing Element extension. Motion Councilman Torn, second Councilman Unsworth to table this item until the meeting of October 13, 1981 and extension given to the General Plan. Tabled 4-0. --- 65 City Council meeting September 22, 1981 Public Hearing (con't) -- Item #24. Fiscal Year 1981-82 Budget Revenue Sharing: Resolution 81-68. City Manager Rede gave presentation of proposed 1981-82 budget. 'Mayor Stewart opened the public hearing at 8:46 P.M. asking if anyone within the aud~nce would care to speak in opposition. E.J. Carter questione <airport consultant budgeted and water drilling. None present to speak in favor. Public Hearing was closed at 8:55 P.M. Councilman Unsworth questioned the adoption of budget packet and resolution. If packet is included, there are minor corrections to be inserted. City Manager made note of corrections within packet and recommended resolution be adopted. (Corrections are: VIII, census should rear 6,199 population not 5,875; X under Other Agencies, Mobile Home Park should be corrected to read "Elsinore Village"; page #11 Maintenance Operations, item #130 Charges, blank space is shown. A "-0-" should be reflected for freight charges according to Finance Director).Councilman Baldwin questioned Street & Sub- drain monies. Finance Director gave detail to street drain monies to include: $100,000.00 fron general fund, gas tax of $64,000.00, article #3 $43,000.00, Capital Improvement Fees $75,000.00 and Revenue Sharing of $75,000.00. Councilman Baldwin also questioned reduction in equipment. City Manager stated equipment has been acquired and felt equipment is adequate at this time. Motion Councilman Torn, second Council- man Unsworth to approve Resolution limiting expenditures of fiscal year. Motion Councilman Baldwin, second Councilman Torn to approve Budget for 1981-82 with amendments to be made within budget packed as outlined. Approved 4-0. ~ 'X) ~ '-:> ~ o BUSINESS ITEMS Item #31. Designate Voting Delegates for League Annual Conference. Motion Councilman Baldwin, second Mayor Stewart to appoint Councilman H. Torn as voting delegate and Councilman J. Unsworth as alternate. Approved 4-0. Item #32. Requested Use of Downtown Park for Christain Concert. City Manager gave presentation of requested use and normal clean-up procedures to be subject to approval. Councilman Baldwin requested "as policy" no electric or sound equipment be authorized for such requests within the future and electric box to be so excluded for use within Parks. This request for use of City parks be limited to 6:00 P.M. Standard application to be created for future requests on City park use. Motion Councilman Baldwin, second Councilman Torn to approve use. Approve 4-0. Item #33. Approval of 8th Program Year Community Ievelopment Activities. Mr. Alex Estrada gave presentation of activities and public hearings that have been conducted. Councilman Unsworth requests #5 in staff recommendations be deleted. Councilman Baldwin questioned Economic Development, condition #2; placing this ahead of condition #3 Public Improvements. Motion Councilman Unsworth, second Councilman Torn to approve staff recomendations with deletion of condition #5. Approved 3-1 (Councilman Baldwin in objection). Item #34. Request for discussion: Fritz Neumann - Lakepoint Mobile Home Park. Discussion was held to right-of-way from 50' to 40'. It was a con census of this Council to uphold their previous motion to authorize F.E.M.A. to acquire this land. Uphold motion 4-0. Item #35. Acquisition of Property at 118 South Main Street. City Manager gave presentation of council's request to acquire this structure for additional City Hall space. Motion Council- man Baldwin, second Councilman Unsworth to authorize City Manager to proceed with escrow procedures and an itemized re- pair list to be conducted by staff. Reduction in total price vs: Escrow procedures. So authorized to staff for discretion. 4-0. Item #36. Zone Change No. 80-4. Ordinance #708. Staff gave presentation of approved zone change and subsequent need to adopt ordinance. Motion Councilman Baldwin, second Councilman Torn to read Ordinance by title only. Deputy so read. Motion Councilman Torn, second Councilman Baldwin to approve Ordinance #708. Approved 4-0. 66 City Council meeting September 22, 1981 Business Items Item #37. Zone Change No. 81-2. Ordinance #709. Staff gave presentation. Motion Councilman Baldwin, second Council- man Torn to be read by title. Deputy so read. It was a concensus of this Council to have all conditions relating to previous approvals met, prior to presentation of ordinance for second reading. Ordinances not to be agendized before conditions are met. Motion Councilman Baldwin, second Councilman Torn to approve Ordinance #709. Approved 4-0. *Item #38. Waiver of Conditional Use Requirements. Staff gave presentation of requesting waiver of requirements on feed store to be located within a C-l zone. Staff recommends denial. Applicant Dick Alrod was present and gave presentation of request. No animals are to be on-site, this is to be a small animal supply store for area residents. Motion Boardmember Baldwin, second Boardmem- ber Torn to approve use at 32290 Mission Trail, council review within six months. Fire Imspector and Animal Control Officers reports to be satisfactory on conditions found. (Note: This is a combined Re- development - Council approval). *Item #39. Agreement between E.V.M.W.D., Agency and City. Motion Boardmember Baldwin to direct Mayor to execute, second Boardmem- ber Torn. Approved 4-0. (Note: This is a combined Redevelopment- Council approval). *Item #40. Agreement between Municipal Services and Agency. Discussion was held to Dick Hill not being named specifically within the contract. Representing Firm has been so notified and is willing to insert Dick Hill's name into contract. Motion Boardmember Baldwin second Boardmember Torn to approve agreement with Dick Hill to be designated within contract as lead professional. Approved 4-0. Motion to adjourn Redevelopment Agency meeting by Boardmember Baldwin, second Boardmember Torn. (Note: This is a reconvened meeting of the City Council and the Redevelopment Agency). Adjourned from items #*38, *#39 and #*40. At this time a break was called by the Chair. City Council re- convened at 10:21 P.M. - ..... Item #41. Norman Industries: Permit to Reconstruct: Corydon Road. Director Frazier gave presentation of owner's request to re-occupy and conduct manufacturing business. Present to speak was: Norman Brody, owner; Walt Abraham and John Davis. John Davis, representative from Riverside County, explained the financial assistance available for this potential site for rehabilitation. City Engineer Kicak explained applicant wishes to reconstruct the facility on the same site and possibly add facilities to the existing improvements. Discussion was held to possible flooding, employment of industry, hold harmless agreement and/or deed restriction and possible funding and diking. Councilman Baldwin expressed great concern over the previous known flood level and existing level of property to be developed. Attorney Porter suggested getting assistance from the County Council on notification of subsequent buyers of flood prbned property. Motion Councilman Torn to approve in concept on con- struction and re-construction of industrial facilities on the Norman Industries property. City Attorney be directed to work with County Council in providing safeguards to limit the City's liability as it relates to this particular property. Approve Staff's recommendation #1 (Allow rehabilitation of existing structures, as there will be little or no effect on existing 100 year flood level - 1265'MSL and area on the dryside of dyke), City Engineer's recommendations and a request that ordinance #703 be brought back to this table for re- view of non-residential construction on a case by case basis, second ~ Councilman Unsworth. John Davis informed Council of agreements on-going with the County on similar safeguards. OWner expressed concern of excessive safeguards incorporated within motion. It was explained that this safeguard has been before this table at previous meetings. Roll call vote shows: Councilman Torn - Aye "concept" approval with conditions. Councilman Unsworth Aye with identical approvals. Councilman Baldwin - NO due to known flood potential. Mayor Stewart - Aye. Approved in "concept" for industrial use with conditions, 3-1. * Redevelopment Agency/City Council meeting and approvals/denials. 67 City Council meeting September 22, 1981 Business Items (con't) -- ~ :X) l"'- '~ Q o Item #43. Request for Funds: Concerned Veteran. Motion Councilman Baldwin second Councilman Torn to refer to the Chamber of Commerce. Present to speak was concerned vet- eran explaining negative compliance of request from Chamber. It was asked how contact was made to Chamber and time. Veteran explained Chamber was not interested. Veteran is given guidance from this Council to contact Chamber. Concensus 3-1 (Council- man Unsworth in objection). APPEALS BOARD AGENDA At this time the Appeals Board Agenda was called into session at 11:02 P.M. A. 202 North Riley - L.N. Cohn. Director Frazier gave presentation and back- ground of applicants request due to notification procedures of hazard since 1978. Present was Mr. Allen - Legal representative for Mrs. Cbhn. Represen- tative requests to restore building to existing codes. Motion Boardmember Baldwin to refer this item to the City Attorney for discussion on exposure, in the event that the City does deny the appeal, report be brought back to this table at the next regular scheduled Council meeting in executive session, second Boardmember Torn. 4-0. B. 100 Lakeshore Drive - Eric Sommers - reversal of previous decision. Director Frazier gave presentation of applicants request for reversal of decision. Applicant was present and spoke in his behalf. Motion Board- member Unsworth second Boardmember Baldwin to deny applicants request. Denied 4-0. C. 208 West Lakeshore Drive. Director Frazier gave presentation of Council's decision (April 14, 1981) for applicant to submit and obtain permits within a sixty (60) day period of staff could petition to this Board for a reversal of that decision for abatement procedures. Staff recommends reversal of the previous decision and denial of the appeal on the remaining structures, to be abated (30) thrity days after Board decision in accordance with the provisions of Ordinance #587. Provided, the owner has not resubmitted and obtained approvals on plans. Motion Boardmember Baldwin, second Boardmember Unsworth to approve staff recommendations of reversal of previous de- cision and denial of appeal. Denied 4-0. D. 18135 West Lakeshore Drive Director Frazier gave presentation of applicants request. Staff recommends: Allow main structure to remain, with the following conditions to be met prior to occupancy. 1. Require abandonment of septic system, extension of sewer main line and connection thereto for structure to be served by City sewer. 2. Demolition to two (2) concrete block structures, one at rear of property and one under patio cover with installations of steel pipe and saddle for beam support under the patio cover to replace the support afforded by the concrete block structure. 3. Remove all earth fill placed around the struction as a flood protective dike. 4. Remove all rubble and debris from premises. 5. Since no hazards occured at the time of flooding from the gasoline storage tanks, allow them to remain for future re-use, provided: a. That vents are elevated to or abore 1270'MSL. b. That filling inlets be located to or above 1270'MSL at or near the front of the structure near Lakeshore. Drive for ready access (pumping and filling). c. That in order to insure against flotation in the event of future flooding, a 4" concrete slab be placed over the tanks. d. All materials and methods of construction used, meet flood resistive standards to prevent seepage from or infiltration into the tanks and; e. The above only be allowed, provided, the tanks are indeed located on the same property as the structure now under appeal. 6. Refer to City Council and Redevelopment Agency for approvals to issue permits for rehabilitation under Ordinance #703 and a finding that no conflict with the redevelop- 68 City Council meeting September 22, 1981 Appeals Board (Con't) ment plan will occur if permits are issued. Applicant was present and spoke on staff's recommendations and approved. Motion Boardrnember Unsworth, second Boardrnember Torn to approve with staff conditions with addition of 5. "f" to read: Applicant must meet all fire department requirements. Approve 4-0. Boardrnember Torn questioned the status of all structures allowed to remain on ~ondition of boarding-up to FHA/HUD Specifications. Boardrnember Torn would like all structures to be in compliance with this condition or to be brought back before this board for reversal of decision, denial and abatement procedures to commence. Staff to so report. At this time the Appeals Board adjourned into Item #44 of City Council. - Item #44. Resolution and Ordinance - Ambulance Rates. Attorney Porter gave background of Council's request to draft and present resolution and ordinance on Ambulance rates on this date. Motion Councilman Torn, second Councilman Unsworth to approve resolution establishing the maximum rates for ambulance services. Approved 4-0. Motion Councilman Torn second Council- man Baldwin to read ordinance by title. Deputy so read. Motion Councilman Torn, second Councilman Baldwin to approve Ordinance #710 amending Ordinance #482-B, section 9, and the Lake Elsinore Municipal Code Section 5.24.130 concerning ambulance rates. Approved on the following roll call vote: Councilman Torn - Aye, Councilman Unsworth-Aye, Councilman Baldwin -Aye and Mayor Stewart - Aye. Approved 4-0. PUBLIC COMMENTS At this time it was asked if anyone within the audience would care to speak for the betterment of Lake Elsinore Valley, no controversal items. Present to speak was Harry Brent questioning F.E.M.A. contract and loss or damage. City Attorney to research. Joseph Revera questioning the use of City Parks and sould equip- ment. E.J. Carter requesting a sign be posted for all major stops scheduled for the L.E.T.S. buses. Christy Heck thanked Council for actions toward re- ~ ceipt of letter concerning Redevelopment and would like to receive information concerning the Housing Element. Council so noted. Bob Jacobison questioned water trucks and amount of carriage. Mayor Stewart gave answers. REPORTS AND RECOMMENDATIONS ATTORNEY PORTER Introduced three claims against the City. 1. 81-11 Robert Cissna - Concerning property located at 500 West Lakeshore. 2. 81-12 M. Baker - Concerning property located at 500 West Lakeshore. 3. 81-13 Mrs. Metcaff - Injury claim - Community Center. Item #1 is not clear, attorney requests this be referred back to him for appropriate response. Motion Councilman Baldwin, second Councilman Torn to refer this item #1 back to City Attorney for appropriate response. Item #2 City Attorney requested this item be rejected due to it be timely. Motion Councilman Torn, second Councilman Baldwin to reject item #2. Item #3 Applicant has filed claim against City for injury received within Community Center (June 4, 1981). Her claim was not submitted in a timely fashion, and referal to City Attorney for appropriate notification is re- quested. Motion Councilman Baldwin, second Councilman Torn to refer to City Attorney for appropriate notification. CITY MANAGER REDE Explained he has received a letter addressed to this body regarding an industrial park development from the CDC. Request is for study session on September 29, 1981 at 7:30 P.M. Concensus to adjourn to 9/29/81 - 7:30 P.M. League of CA Cities is offering p course on new development - legal. Request is being made for attendance of City Attorney. Motion Councilman Torn, second Councilman Unsworth to authorize $175.00 for transportation, registra- tion plus room and board for City Attorney attendance. Approved 4-0. I \ I t...., ij~ City Council meeting September 22, 1981 REPORTS & RECOMMENDATIONS CITY ENGINEER KICAK Engineer Kicak gave reminder of meeting to proposed improvement to the water system. representatives of the Department of Water be held on public imput on the Meeting will be conducted by Resources and State Health Dept. - COUNCILMAN TORN Regarding the Community Center, councilman requests authorization to go to bid for basketball standards. Motion Councilman Torn, second Councilman Baldwin to authorize bid procedures. Approved 4-0. Councilman Torn requests all proposed ordinance to be brought back before this table for recommenda- tions and/or approval. (HPD, Condominium, Cummulative Zoning ect......) Appropriate department to responde. Motion Councilman Torn, second Council- man Baldwin and duly approved. ~ 'X) ~ '~ o o COUNCILMAN UNSWORTH Street and stop sign on Lash and Gunnerson are in deteriorated condition. Staff to so handle. Councilman would request a written notice from Southern CA Edison as to the delay on movement of poles within streets in order to pave Lincoln Street. City Engineer gave response of Southern CA Edison problem with employees leaving for vacation ect... Letter of request for removal of poles has been given. Direction by Councilman Baldwin to make City sign and placed upon a pole stating "This is the pole that's keeping your street from being repaired". Concensus of Council, staff to enforce. It was motioned to adjourn to the L.E.T.S. meeting. LAKE ELSINORE TRANSIT SYSTEM Chairman Torn called the L.E.T.S. meeting to order. Roll call is standing. (See L.E.T.S. meeting minutes for agenda results) At this time an Executive Session was called. Executive Session reconvened at 12:20 A.M. Memorandum of Understanding City Manager so directed to handle and execute this Memorandum of Understand- ing for City Employees by Motion Councilman Baldwin, second Councilman Torn. It was reminded that this regular City Council meeting will be adjourned to September 29, 1981 at 7:30 P.M. With no further business, motion Councilman Unsworth, second Councilman Torn this meeting adjourned at 12:26 A.M. Adjourned 4-0. Respectfully submitted, /hUMdt 771. &4OL ;;;;;r;;;,;. Bas ch Deputy City Clerk