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HomeMy WebLinkAbout01-13, 01-27, 02-10-1975 City Council Minutes ;- ~ o 00 ~ Q o ...... r ..... 85 CITY COUNCIL MEETING JANUARY 13, 1975 The City Council of the City of Lake Elsinore met in regular session on January 13, 1975 and was called to order at 7:32 P.M. with Mayor Pro Tem Larry Cartier presiding. The Pledge of Allegiance was led by Councilman DePasquale. The City Clerk called the roll. Councilmen present were: Frank DePasquale, Eugene Carter, Cy Perkins and Mayor Pro Tem Larry Cartier. Mayor Norman Chaffin Absent. City Mgr. Hope, Attorney Dougherty, VTN Engineer Ed Lynch, Bldg. Inspector Boyes, Finance Director Lew and Planning Assistant Bob Nyman also present. The minutes of December 9 and 19, 1974 were approved as presented on motion Councilman Perkins, seconded Councilman DePasquale and duly carried. Water Revenue Warrants 2140 thru 2146 and General Fund warrants 6664 thru 6744 were approved on motion Councilman DePasquale, seconded Councilman Perkins and duly carried with Councilman Cartier- abstaining from the vote on warrant 6706. ORAL PRESENTATIONS A. City Mgr. Hope explained that due to prior committments, John Grimley could not be present to give the audit presentation, so Steve Humphreys would explain. Mr. Humphreys explained the deletion of quarterly audits being authorized by former City Manager and past additional work involved changing from cash to accrual basis. Councilman Carter questioned Mr. Humphreys regarding various charged by the firm and delays in audit procedure. Motion Councilman Carter that 60 day notice be given to Cringle, Swift, Grimley and Co. to terminate agreement failed to pass on the following roll call vote: Ayes: Councilmen DePasquale & Carter. Noes: Councilmen Perkins & Cartier. Absent: Mayor Chaffin. Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, Fiscal Year Audit for 1973-74 received and taken under advisement. Councilman Carter stated he would forward a letter to the foreman of the Grand Jury for investigation. B. Mr. Giddings not being present removed from agenda. C. T.H. Paschal passed any comments to other Miscellaneous Matter. PLANNING COMMISSION MATTERS: a. Planning Commission recommendation on pre-zoning approved and set for Public Hearing on January 27 on motion Councilman DePasquale, seconded Councilman Carter and duly carried. b. Planning Commission recommendation for approval of Annexations 21 & 22 accepted. Resolution 75-1 consenting to commencement of annexation proceedings being Annexation No. 21 - Lincoln Street adopted on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. Resolution 75-2 consenting to commencement of annexation proceedings being Annexation No. 22 - Grand Avenue adopted on motion Councilman DePasquale, seconded Councilman Carter and duly carried. 86 City Council Meeting January 13, 1975 MISCELLANEOUS MATTERS 1. a. City Mgr. Hope explained that bids had been received on the jeeps and a question had come up on City employees bidding on them. Attorney Dougherty presented an opinion in this regard. Motion Councilman DePasquale, seconded Councilman Carter and duly carried all bids for jeeps rejected. Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, jeeps to be readvertised for sale and all City Officers and Employees excluded from bidding. b. Machado Park bids received and referred to City Mgr. Hope for concurrence of School Board and Park & Recreation Board on low bidder on motion Councilman DePasquale, seconded Councilman Perkins and duly carried on the following roll call vote: .,.,; Ayes: Councilmen DePasquale, Perkins & Mayor Pro Tem Cartier. Noes: Councilman Carter. Absent: Mayor Chaffin. c. Bids on curbs, gutters & sidewalks taken under consideration for action at next meeting. 2. Planning Commission & Design Review Board ordinance discussed. Councilman DePasquale suggested that ordinance be amended to include a section for fixing compensation to Planning Commissioners for attendance at meetings. Ordinance No. 539, as amended, to be read by title only on first reading on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. Ordinance No. 539 passed on first reading on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. 3. Proposed amendment to Ordinance No. 522 discussed. Councilman DePasquale requested that "responsible operating manager" be included in those required to be investigated. First reading of Ordinance No. 540, as amended, to be by title only on motion Councilman DePasquale, seconded Councilman Carter and duly carried. Ordinance No. 540 passed on the first reading on motion Councilman DePasquale, seconded Councilman Carter and carried on the following roll call vote: Ayes: Councilmen DePasquale, Carter, Perkins, Cartier. Noes: None Absent: Mayor Chaffin. ~ 4. City Mgr. Hope explained the necessity for adopting three ordinances in conjunction with codification of ordinances. a. Ordinance No. 541, providing penalty provisions for ordinances to be read by title only on the first reading on motion Councilman Carter, seconded Councilman DePasquale and duly carried. Ordinance No. 541 passed on the first reading on motion Councilman Carter, seconded Councilman DePasquale and carried on the following roll call vote: Ayes: Councilmen DePasquale, Carter, Perkins & Cartier. Noes: None Absent:Mayor Chaffin. b. Ordinance No. 542, providing the right of entry provision, to be read by title only on the first reading on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. Ordinance No. 542 passed on the first reading on motion Councilman DePasquale, seconded Councilman Perkins and carried on the following roll call vote: Ayes: Councilmen DePasquale, Carter, Perkins & Cartier. Noes: None Absent: Mayor Chaffin. I Ordinance No. 543, providing rules for the construction of ordinances ... to be read by title only on the first reading on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. Ordinance No. 543 passed on the first reading on motion Councilman DePasquale, seconded Councilman Perkins and carried on the following roll call vote: Ayes: Councilmen: DePasquale, Carter, Perkins & Cartier. Noes: None Absent: Mayor Chaffin. c. r- ~ o 00 ''"':'> Q o - , 81 City Council Meeting January 13, 1975 5. Chamber of Commerce Budget for 1974-75 approved on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. 6. Mrs. Edythe Oliver, David Jones and Ann Mathews appointed to the Yarborough Park Improvement Committee on motion Councilman Perkins, seconded Councilman DePasquale and duly carried. 7. Resolution No. 75-3 approving cooperation agreement with County of Riverside for Community Development Program adopted on motion Councilman Carter, seconded Councilman Perkins and duly carried. 8. Barnes Realty request re: breeding & selling of horses on property at Palomar and Croydon deferred to next meeting for more information. 9. City Mgr. Hope explained the traffic survey recommendations for the public schools re: placement of appropriate signs. Motion Councilman DePasquale, seconded Councilman Carter and duly carried, City Mgr. to advise School Board of surveys. 10. John Garner's complaint re: flooding of Briarwood Trailer Park due to new construction discussed. Notice accepted and contractor to be notified of his obligation to correct situation. 11. Councilman Carter's & Dr. Breman's communications re: Senior Citizens referred to City Manager for further information. 12. Agreement for pur.chase of tax property approved on motion Councilman DePasquale, seconded Councilman Carter and duly carr.ied. 13. Camp Fire Girls request to sell cookies approved on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. 14. Chamber of Commerce offer to renovate old fire truck accepted on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. DEPARTMENTAL REPORTS Departmental reports received and filed were: a. Animal Control. b. Building Dept. c. Fire Dept. d. Financial. e. Public Works. f. Sherif.!' s Dept. REPORTS & RECOMMENDATIONS 1. City Manager Hope reported on the various programs the City has working for them such as Pep, Ceta, Ceta II and Senior Citizens. 2. Mayor Pro Tem Cartier inquired about funds for senior citizens housing and was informed this is being worked on. 3. Mayor Pro Tem Cartier requested the road grader be put on an eight hour day to get the roads in shape. 4. Mayor Pro Tem Cartier inquired about representation by the City Attorney for the impending suit from the Sahara Dunes. Councilman DePasquale stated he felt the City should defend. Councilman Carter stated he concurred with Councilman DePasquale. Attorney Dougherty to communicate with Council if his representation is possible for Council and Bldg. Inspector. 88 City Council Meeting January 13, 1975 5. Mayor Pro Tem Cartier reported he had received a call Mr. Barenfeld who felt the City was blackmailing the Sands by not issuing Certificate of Occupancy until statement for field inspections is satisfied. City Mgr. Hope reported he had been contacted by the Sands and payments would be made. It was the consensus of the Council that full settlement should be made within six months. 6. Councilman Carter.read a letter from the Lake Elsinore Village re: Santa Fe communication increasing the annual rent for right-of-way. City Mgr. Hope reported he had been contacted by Mr. Keller & Mr. London on the same matter and the City could not offer any assistance. ADJOURNMENT ..... No further business appearing, the meeting adjourned at 11:10 P.M. on motion Councilman Perkins, seconded Councilman DePasquale and duly carried. Respectfully submitted: ,--f~L~"(>'7?~/ Florene Marshall City Clerk Approved: ~G~~ ~a'r~attier Mayor Pro Tem CITY COUNCIL MEETING JANUARY 27, 1975 The City Council of the City of Lake Elsinore met in regular session on January 27, 1975 and was called to order at 7:30 P.M. with Mayor Norman Chaffin presiding. The Pledge of Allegiance was led by Attorney Dougherty. The City Clerk called the roll. Councilmen present were: Larry Cartier, Frank DePasquale, Eugene Carter, Cy Perkins and Mayor Norman Chaffin. City Mgr. Hope, Attorney Dougherty, VTN Engineer Ed Lynch, Bldg. Inspector Boyes, Finance Director Lew and Planning Assistant Nyman also present. ~ The minutes of January 13, 1975 were approved as presented on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. PUBLIC HEARING This being the time for the public hearing on pre-zoning of property located on 1-15 realignment in vicinity of Dexter, Second & Third Street, N.Side of Hwy. 71, Mayor Chaffin opened the hearing. City Mgr. Hope reported that notice had been published, but written notices not sent. Motion Councilman Cartier, seconded Councilman DePasquale and duly carried, public hearing continued to February 10, 1975 at 7:30 P.M. ORAL PRESENTATIONS 1. Jamie Bevis re: Park Board unable to attend due to illness. Mayor Chaffin reported he had talked with Jamie and she was unofficially appointed to an advisory position with the Park Board. Mayor Chaffin suggested that perhaps she would be interested in serving on the Yarborough Park Committee. City Mgr. Hope reported the first meeting of the Yarborough Park Committee was held on January 24 and minutes would be forthcoming and additional volunteers are still needed for the committee. ~ 2. Rebecca Ortiz spoke regarding. the NFL dance marathon to be held at the E.U.H.S. gym on February 22 from 11:00 A.M. to 12:00 P.M. She invited the Council attend, participate or chaperon. PlANNING COMMISSION MATTERS The Planning Commission minutes of January 21, 1975 were accepted. 89 CITY COUNCIL MEETING JANUARY 27, 1975 MISCELLANEOUS MATTERS 1. Acceptance of the 1973-74 fiscal year audit discussed. After much discussion, motion Councilman Cartier, seconded Councilman DePasquale and duly carried, City Mgr. Hope to request written report from John Grimley, former City Mgr. Thompson, and estimates from at least two auditing firms to assume City's auditing. Payment to auditor to be withheld until facts are ascertained. ..... I 2. Motion Councilman Cartier, seconded Councilman Perkins and duly carried, Machado Park bid of Summerhill Landscape Corporation accepted and all others rejected, with City Mgr. authorized to execute contract.' 3. Motion Councilman Cartier, seconded Councilman DePasquale and duly carried, bid of Glenbud Construction for installation of curbs, gutters and sidewalks accepted and other bids rejected, with City Mgr. authorized to execute contract. ~ ~ 00 ~ ~ o 4. Second reading of Ordinance No. 539, Planning Commission and Design Review Board to be by title only on motion Councilman Cartier, seconded Councilman DePasquale and duly carried. Ordinance No. 539 adopted on motion Councilman Cartier, seconded Councilman DePasquale and carried on an unanimous roll call vote. 5. Ordinance No. 540 re: cardroom employees discussed. Motion for second reading by title only withdrawn. Attorney Dougherty to rewrite ordinance for presentation at next meeting with suggested changes. 6. Ordinance No. 541 re: penalty provision for ordinances to be read by title only for the second reading on motion Councilman Cartier, seconded Councilman Perkins and duly carried. Ordinance No. 541 adopted on motion Councilman DePasquale, seconded Councilman Cartier and carried on an unanimous roll call vote. 7. Ordinance No. 542 re: right of entry provision carried to next meeting for inclusion of various provisions. Motion to be read by title only withdrawn. 8. Ordinance No. 543, re: construction of ordinances to be read by title only for the second reading on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. Ordinance No. 543 adopted on motion Councilman DePasquale, seconded Councilman Perkins and carried on an unanimous roll call vote. 9. Barnes Realty request carried over to next meeting for more information. 10. Resolution No. 75-4 acknowledging receipt of Notice of Intention to circulate petitions for Annexation No. 21 and granting approval adopted on motion Councilman Cartier, seconded Councilman Perkins and duly carried. 11. Resolution No. 75-5 acknowledging receipt of Notice of Intention to circulate petitions for Annexation No. 22 and granting approval adopted on motion Councilman DePasquale, seconded Councilman Cartier and duly carried. Councilman Carter commented on the failure of Mr. Welty to perform work in conjunction with annexations. 12. Motion Councilman DePasquale, seconded Councilman Cartier and duly carried, Best, Best & Krieger's communication reo claim of Desert Hot Springs to recover taxes referred to Attorney Dougherty to tender to County Counsel. 13. Application of B. & C. Robinson for an auctioneer's license approved on motion Councilman Perkins, seconded Councilman Cartier and duly carried. '90 CITY COUNCIL MEETING JANUARY 27, 1975 14. Mobilehomes on 2! acres or more discussed. After much discussion, motion Councilman Cartier, seconded Councilman DePasquale and duly carried, letter to be written to Planning Commission thanking them for their study of the matter, but stating that no action would be taken to amend Ord. 430. 15. City Manager Hope's request to build shelter for fire truck approved on motion Councilman Perkins, seconded Councilman Carter and duly carried. 16. City Mgr. Hope authorized to attend meeting of Flood Control Commissioners on January 28 and request work be done on the Temescal Wash on motion Councilman Cartier, seconded Councilman DePasquale and duly carried. - 17. City Mgr. Hope authorized to attend the Spring City Manager's Meeting in Monterey on February 19-21 on motion Councilman DePasquale, seconded Councilman Carter and duly carried. 18. Memorandum of Understanding with the Public Employees Association of Riverside County approved on motion Councilman Cartier, seconded Councilman DePasquale and duly carried. DEPARTMENTAL REPORTS The December, 1974 financial report was received and filed. REPORTS AND RECOMMENDATIONS 1. Resolution 75-6 re: participation in the National Flood Insurance Program adopted on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. 2. Application for a shoe shine stand on city owned parking lot and placement of potted shrubs by Mr. Valentine approved with the provision that City Mgr. approve insurance and improvements on motion Councilman Cartier, seconded Councilman DePasquale and duly carried. -- 3. Councilman Cartier inquired about the grader operation, street cleaning, tree trimming and street resurfacing. City Mgr. Hope responded that these projects were underway. 4. Councilman DePasquale presented Mayor Chaffin with the laminated Certificate of Tribute from the City of Los Angeles. 5. Councilman Carter requested that copies of Park Director Cissna's plan for the lake be made available for the Council. 6. Councilman Carter read his letter to Attorney Dougherty of Aug. 1974 reo Sec. 995 and was informed by Attorney Dougherty that provision applies to all councilmen. 7. Councilman Carter inquired about various letters and was informed they would be forthcoming shortly. 8. Councilman Carter requested that letters be written ~o Senators' Cranston & Tunney re: drilling on Elk Hill and full time operation in Texas. No council action taken. Individual letters to be written by Councilmen DePasquale & Carter. ADJOURNMENT TO EXECUTIVE SESSION Motion Councilman Cartier, seconded Councilman DePasquale and duly carried, the meeting adjourned to an executive session at 10:06 P.M. ..... r- ~ .~ 00 '-;:) o o ,- , 91 CITY COUNCIL MEETING JANUARY 27, 1975 RECONVENTION The meeting reconvened at 10:22 P.M. for the following Council action. Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, the firm of Swarner, Fitzgerald & Dougherty to be retained at $60 an hour to defend Mayor Chaffin, Councilmen Cartier & Perkins, Former Councilman Harmatz and Bldg. Inspector Boyes in the Reed vs. DePasquale, et al. Motion Councilman Cartier, seconded Councilman DePasquale and duly carried, Attorney Dougherty to defend in the case of Reynolds vs. City of Lake Elsinore, et al. ADJOURNMENT No further business appearing, the meeting adjourned at 10:25 P.M. on motion Councilman Cartier, seconded Councilman DePasquale and duly carried. Respectfully submitteq: 1'[ ',' ~L/ ~~.LI: ,~<-;;~::7,; Florene Marshall City Clerk / /t2~ L. Chaffin "'7 CITY COUNCIL MEETING FEBRUARY 10, 1975 The City Council of the City of Lake Elsinore met in regular session on February 10, 1975 and was called to order at 7:30 P.M. with Mayor Pro Tem Larry Cartier presiding. The Pledge of Allegiance was led by Councilman Carter. The City Clerk called the roll. Councilmen present were: Frank DePasquale, Eugene Carter, Cy Perkins and Mayor Pro Tem Larry Cartier. Mayor Norman Chaffin absent. City Mgr. Hope, Attorney Dougherty, VTN Engineer Ed Lynch, Finance Director Paul Lew and Planning Assistant Bob Nyman also present. The minutes of January 27, 1975 were approved as presented on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. Warrants were approved on motion Councilman DePasqual~, seconded Councilman Perkins and duly carried. PUBLIC HEARING This being the time for the continuation of the public hearing on the pre- zoning request of property located on 1-15 realignment in vicinity of Dexter, 2nd & 3rd streets, N. side of Hwy. 71, Mayor Pro Tern Cartier opened the public hearing at 7:50 P.M. Jim Welty spoke regarding the request for pre-zoning to allow a mobilehome park. Written support received from Mr. Ashley Hart. Several inquiries were made as to the proposed annexation concerning whether street would be annexed, sewers available and the impact on 1-15 construction. No further comments being made, Mayor Pro Tem Cartier closed the hearing at 8:05 P.M. Councilmen DePasquale and Carter objected to the pre-zoning at this time, stating that more investigation should be made to see if the property would be annexed. Mayor Pro Tem Cartier explained that pre-zoning would not be effective until annexation completed. Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, hearing closed and pre-zoning from M-1 to C-P of approx. 26 acres approved. First reading of Ordinance pre-zoning property, by title only, carried on the first reading on motion Councilman Perkins, seconded Councilman DePasquale. 92 CITY COUNCIL MEETING FEBRUARY 10, 1975 . ORAL COMMUNICATIONS Claudette Hagerman requested that warning signs be placed at the end of South Spring Street to warn motorists of the danger of the wet sand. City Mgr. Hope to contact County Road Dept. for similar action on the South side of the lake at Russell Street. PLANNING COMMISSION MATTERS Planning Commission minutes of February 4, 1975 received and discussed. - I Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, Planning Commission recommendation re: Building at 1265' elevation approved with stipulation that property must be sewered. MI SCELLANEOUS MATTERS 3. Proposed amendment to cardroom ordinance discussed. Harvey Shapiro and Floyd Oden of the Riverside County Sheriff's Dept. stated that as ordinance is written, all employees would be fingerprinted and photographed, in the City of Riverside with possible revision at later date when space locally is available. First reading of Ordinance No. 540, cardroom amendment, to be by title only on motion Councilman DePasquale, seconded Councilman Carter and duly carried. Ion first reading Ordinance No. 540 adopted on motion Counc1lman DePasquale, seconded Councilman Carter and duly carried on an unanimous roll call vote with Mayor Chaffin absent. 1. City Mgr. Hope read his letter to Cringle, Swift, Grimley & Co. and former City Mgr. Thompson and their replies concerning the audit agreement. After much discussion, motion Councilman DePasquale, seconded Councilman Perkins and duly carried, 1973/74 fiscal year audit accepted and $2,500 for services to 6/30/75 to be rendered. - 2. Second reading of Ordinance No. 542 carried to next meeting. 4. Yarborough Park Committee minutes of January 24 and February 5 received and filed. Mrs. Jean White and Mr. Maurice Coleman appointed to Yarborough Park Committee on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. 5. Alice M. Alexander business license application for used furniture store at 32280 Mission Trail approved with stipulation that all merchandise be within the building on motion Councilman Carter, seconded Councilman Perkins and duly carried with Councilman DePasquale abstaining. 6. Motion Councilman Carter, seconded Councilman DePasquale and duly carried, Attorney to prepare' amendment to relocate taxi zone as per Mr. Mobley's request. 7. Resolution 75-7, authorizing the City Manager to accept conveyances and record same adopted on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. __ RECESS The meeting recessed at 9:55 P.M. and reconvened at 10:05 P.M. 8. Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, Attorney to prepare amendment for Transient Occupancy Tax as per City Manager's recommendation that rate be raised to 6%. "'"' CITY COUNCIL MEETING FEBRUARY 10, 1975 9. Senior Citizen Outreach Program request for a $20 fund approved on motion Councilman Carter, seconded Councilman DePasquale and duly carried. 10. Water Revenue Fund report discussed with City Mgr. Hope explaining the different recommendations. Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, hearing to be held on February 24 on proposed water rate increases. - , 11. Sewer Service Fee report discussed with City Mgr. Hope explaining the various recommendations. Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, hearing to be held on February 24 on proposed increases. 12. Resolution No. 75-8 setting March 10, 1975 as the date for the public hearing on Annexation No. 21 adopted on motion Councilman DePasquale, seconded Councilman Perkins and duly carried. 13. Resolution No. 75-9 setting March 10, 1975 as the date for the public hearing on Annexation No. ,22 adopted on motion Councilman Carter, seconded Councilman DePasquale and duly carried. -; DEPARTMENTAL REPORTS ,X) '~ Departmental reports received and filed were: ~ 1. Animal Control. ~ 2. Bldg. Dept. 3. Fire Dept. REPORTS AND RECOMMENDATIONS 1. City Manager Hope reported the contracts had been received from Glenbud Concrete Inc. and Summerhill Landscape Corp. 2. City Mgr. Hope presented a rough draft of the H. & C.D. application recommendati.ons to the Council for study.. 3. Motion Councilman DePasquale, seconded Councilman Perkins and duly carried, Councilman Carter authorized to attend SCAG Spring General Assembly if possible. 4. Motion Councilman Cartier, seconded Councilman Carter and duly carried, telegram to be sent to Gov. Brown for his efforts to keep money for the lake in the budget. 5. Councilman DePasquale reported he had sent a letter to Gov. Brown and urged citizens to also write. 6. Councilman Carter reported he also had sent a letter to Gov. Brown. 7. Attorney Dougherty reported that transportation contract is in the hands of the County Counsel. 8. Councilman Carter reported he had attended the Board of Supervisors with a group of citizens. 9. Mayor Pro Tern Cartier inquired about the abandoned valves on Moroni St. City Mgr. Hope reported that these created a hazard and posts were installed to prevent anyone from getting hurt. Further consideration to be given to this problem. ADJOURNMENT No further business appearing, the meeting adjourned at 11:15 P.M. on motion Councilman Perkins, seconded Councilman DePasquale and duly carried. Respectfully submitted: J~ -tL'~7~ / ~;;e#~d_~e::L<!'/ Florene Marshall City Clerk Approved: ~,(!~AJ Larry Cartier Mayor Pro Tern