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Home My WebLink About01-12-1982 City Council Minutes 100 City Council rneeting December 22, 1981 Page 8 Reports & Recommendations (con't) bargaining power to sell the building back to the owner for the cost of demolition. Report will be forthcomming. Councilman Unsworth questioned the structure at 100 Lakeshore Drive. Structure has been deleted from demolition contract and is in litigation. Final bill amounts to over two hundred thousand dollars. Monies are being taken from the general fund, no refund has been received by F.E.M.A. to date. Applications for reimbursement had beens submitted. Councilman Baldwin would like staff to report on status of reinbursement process. -- Director Morrissey explained a request received from applicant on Tract #16452 and further requests authorization for extension of time with three added con- ditions. Motion Councilman Unsworth seconded Councilman Baldwin to approve 1 year extension on Tract #16452 with four additional conditions: 1. OWner/applicant shall deed all ground water rights to the City of Lake Elsinore. 2. OWner/applicant shall provide an assessment district for landscaping and lighting areas. 3. OWner/applicant shall establish a road maintenance district as approved by the City Engineer. 4. No trees shall be removed without prior written approval from City Council. (Staff to take pictures of the site for location of existing trees) . Approved: 5-0. COUNCILMAN TORN Would request a time set on the next agenda for mid-year budget review. Study Session with the Elsinore School System on impact of development to be scheduled by staff, next month if possible. Also a study session with the Park and Recreational District on park, maintenance of existing facilities operations agreement of Community Center would need to be scheduled. Street lights and re- questioment thereof would need to be established as to number and distance be- tween. Guidelines would need to be established. ... MAYOR STEWART wishing everyone a Merry Christmas! With no further business, motion Councilman Baldwin seconded Councilman Unsworth to adjourn at 10:21 P.M. Respectfully submitted, r.717Z~u2 /(1.... 17? -(3:</.)..,('.)L.. Ango/-'-a ~~ Basch Deputy City Clerk CITY COUNCIL MEETING JANUARY 12, 1982 The City Council of the City of Lake Elsinore met in regular session on January 12, 1982 with Mayor Stewart presiding. The meeting was called to order at 7:31 P.M. The Pledge of Allegiance was led by Councilman Unsworth. At this time Councilman Baldwin read Resolution 82-5, in it's entirety, de- claring January 15, 1982 as Dr. Martin Luther King, Jr., Day. Motion Council- man Baldwin second Councilman MacMurray to adopt Resolution 82-5. Adopt 5-0. At this time the Redevelopment Agency/City Council was called to order. ... Roll call was taken, and reflected Councilman/Boardmember Torn, Councilman/ Boardmember Baldwin, Councilman/Boardmember MacMurray, Councilman/Chairman Unsworth and Mayor/Boardmember Stewart present. City Manager/Executive Director Rede, Attorney Porter, Director of Building & Safety Frazier, City Engineer Kicak, Director of Planning Morrissey, Finance Director Ronnow and staff members within the audience also present. lOt City Council meeting January 12, 1982 Page 2 The Redevelopment Agency/City Council meeting adjourned at 7:45 P.M. At this time Councilman Baldwin introduced a Study Program Junion High School Student, Scott Jessup. Scott, for his civics class, will comprehend and re- port this nights meeting. CONSENT CALENDAR ,- Motion Councilman Torn second Councilman Baldwin to approve the following on a 5-0 vote. Approved: 5-0. <:T x:. 7. ('-.. ""':) 8. ~ 0 9. 10. 11. 13. 14. 15. 2. General DemaHd - Debember 31,; 1981. 3. Montly Report of Cash Balances, Receipts, and Disbursements for month of November, 1981. 4. Animal Control Report of Activity, October, November and December, 1981. 5. Set for Public Hearing - 2/8/82 a. General Plan Amendment 81-2 b. Zone Change 81-6 c. Conditional Use Permit 81-21 d. Conditional Use Permit 81-22 Demolition Debris Clearance Project: 1980 Flood Disaster. Business License Application for Jewelry and Loan Shop: Stater Bros. Shopping Center/Ben Banks. Monthly Report - December, 1981: Code Enforcement'Officer and Fire Safety/ Housing Inspector. Employees Medical and Life Insurance Program - Status Report. Criminal Prosecution. Vacation of portion of Riley Street and certain Alleys: Resolution of Intent: Resolution 82-3, Local Agency Investment Fund: Resolution 82-4. Community Development Corporation Request for Loan from City. - , Item #1. Councilman Unsworth requests within the May 12, 1981, page #2 the discussion of TTM 17413, access from Newport Road was discussed, be changed from the"access from Railroad Canyon Road was discussed". With that correction, motion Councilman Torn second Councilman Baldwin to approve the minutes of December 22, 1981 and May 12, 1981. Approved 5-0. Item #6. Bernie Brownstein: 202 N. Riley Street. City Attorney Porter re- ported that no claim has been received. Applicant is instructed to contact his attorney for filing of claim with Attorney Porter for proposed damages. No action is taken. Item #12. Vacation of Poe Street; Resolution of Intention: Resolution 82-2. City Engineer Kicak presented Resolution with an insertion/addition to the proposed resolution to read: "that portion of Poe Street AND THE ALLEY located between. . ., State of California". with the insertion/addition, motion Councilman Baldwin second Councilman Unsworth to approve Resolution 82-2. Approved: 5-0. PUBLIC HEARINGS ,.-.. Item #31. Zone Change 81-7: Elimination of Comulative Zoning: Ordinance. Director Morrissey gave presentation of revisions to zoning ordinance and elimination of cululative zoning. At this time City Manager Rede requested Council to hear testimony but table or continue this matter to a later date due to technicalities on advertisement. Mayor Stewart opened the Public Hearing at 7:57 P.M. Present to speak in opposition was: John Empson, (presentation of 19 signed requests to deny, delay or postpone the adoption of eliminating cumulative zoning), Charles DeMore', E.J. Carter, Don Vickers, Dale Eve, David Flannery, Danny Vale and Christy Heck. Present to speak in favor was: Pat Dunnon and Fay Johnson. With no further testimony, the Public Hearing was closed at 8:18 P.M. Discussion was held to effects of the proposed Ordinance. Motion Councilman Baldwin second Councilman Torn to continue this Public Hearing to February 9, 1982. Approved to continue: 5-0. Item #32. Revisions to Tentative Tract Map 17413: Canyon Lake Hills: A.B.C. Heritage. Director Morrissey gave brief presentation and discussed the revisions made at Study Session previously held. Wesley Highland, representative of TTM 17413 was present. The Public Hearing was opened at 8:26 P.M. Discussion was held to condition #7, inserting "Collecting Agency" and Homeowners 102 City Council meeting January 12, 1982 Page 2 Item No. 31 (con't) Association(s). The Public Hearing was closed at 8:29 P.M. Discussion also included: School and fire station sites being included within the tentative map as numbered lots, possibilities of sanitation land fill site, requiring blacktop on Greenwald Avenue in lieu of graded road for emergency vehicle access, variances necessary due to violations of adopted City Ordinances, type'o within the recommendations, water pressure level to be established as a minimum guarantee from servicing district, time lines of the tentative map for proceeding in compliance of the Subdivision Map Act to either a) continue this map to a later date when the revisions are set or; b) deny without predjuice and the applicant file for another map. Proposed Hillside Planned Development and Grading Ordinances, restriction of no gates to be inserted, Attorney Porter's opinion on placing restrictions of proposed Ordinances upon this tentative map, and study session to be held with other agencies concerning this map were also discussed. - At 9:36 P.M. the chair called for a recess. City Council reconvened at 9:57 P.M. After discussing the necessary revisions, City Manager Rede advised the Council of the Applicants wishes to table this tentative map until the next regular scheduled Council meeting (January 26,1982). Engineer, Wesley Highland re- quested a continuance, and also a desire to receive approvals for waiver of all fees for variance processing. Motion Councilman Baldwin second Council- man Torn, applicant to request a continuance to January 26, 1982. Continuance approved: 5-0. Applicant then questioned the variance and waiver of all fees. Councilman Torn explained staff time and costs to the City for processing, and a waiver of costs would not be appropriate due to consessions that are being made to original contract, at the applicants request. Applicant was so informed. Applicant was also advised Of the scheduled study session with the School Board and County and was encouraged to attend. PLANNING COMMISSION Item #41. Covenants, Conditions and Restrictions. Director Morrissey gave presentation. Motion Councilman Baldwin second Council- man Torn to approve coveants, conditions and restructions as proposed. Approved as proposed 5-0. ..." Item #42. Hillside Planned Development Ordinance. Presentation was given by Director Morrissey and recommendation thereof to adopt the Hillside Planned Development Ordinance, a finding of no significant impact upon the environment and issuance of a negative declaration. Also Director Morrissey introduced a modify section 17.30.060(c) of the Hillside Planned Development Ordinance to read: "All native vegetation on property will be allowed to remain. If trees or ground cover are added they shall conform to the following requirements: 1) All ground cover within 10 feet of the structure shall not be more than three (3) feet in height. 2) Beyond this distance landscaping will be allowed to increase two (2) feet in height for each additional linear foot beyond the 10 foot boundary line established above." Motion Councilman Baldwin second Councilman Torn to read the Ordinance by title only. Deputy so read. Motion Councilman Torn second Councilman Unsworth to approve Hillside Planned Development Ordinance with modifications and duly carried, 5-0 on the following roll call vote: (1st reading) Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin Aye Councilman MacMurray Aye Mayor stewart Aye Approved: 5-0. Item #43. Condominium Ordinance. Motion Councilman Baldwin second Councilman Torn to read ordinance by title only. Deputy so read. Motion Councilman Torn second Councilman Unsworth to approve Condominium Ordinance and duly carried, 5-0 on the following roll call vote: (1st reading) Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin Aye Councilman MacMurray Aye Mayor Stewart Aye Approved: 5-0. -- 103 City Council meeting January 12, 1982 Page 3 Planning Commission (con't) -- Item #44. Commercial/Manufacturing Ordinance. M~tion Councilman Torn second Councilman Unsworth to read ordinance by t1tle only. Deputy so read. Motion Councilman Baldwin second Councilman Torn to appro~e Commercial/Manufacturing Ordinance and duly carried 5-0, by the follow1ng roll call vote: (1st reading) Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin Aye Councilman MacMurray Aye Mayor Stewart Aye Approved: 5-0. BUSINESS ITEMS ~ X) r-.. .-::> o ~ Item #51. City Council Study Sessions a. School District - 1/18/82 b. Rubbish Disposal Site Study - 1/20/82 c. Mid-Year Budget Review - 1/25/82 d. *Park Board Study Session - staff to handle and arrange. Also, it was discussed a calendar be placed for public view of on-going meetings to be held each month and news paper release on set study sessions. Concensus. Item #52. Award of Contract to All American Asphalt: Construction of Acacia Street between Avenue #1 and High Street. Engineer Kicak gave presentation of bids and low bid of All American Asphalt for $22,525.60. Motion Councilman Torn second Councilman Baldwin to award contract of construction to All American for Acacia Street be- tween Avenue #1 and High Street. Approved: 5-0. ~ Item #52. Lincoln Street Improvements. Engineer Kicak gave presentation of a proposed tract and the necessary removal of new paving after completed. Motion Councilman Baldwin second Councilman Torn to approve the construction of Lincoln Street as awarded in the present contract with Fontana Paving and City of Lake Elsinore. Approved: 5-0. Item #54. Parcel Map #16000. Hobie-Rawlings. Attorney Porter reported the request and desire of Mr. Rawlings/developer to remove fill from a City owned parcel and place that fill on the de- velopers parcel. Attorney Porter recommends denial of the request, and to allow test samples be taken for feasibility. All costs would be born by the developer. Motion Councilman Baldwin second Councilman Torn to deny the request and applicant would be allowed to take test samples for feasibility. If results are positive, staff is to report back to this Council. Denied: 5-0. (tests only). Item #55. Appeal of Edward Watt: Building Permit: Single Family Residence. Attorney Porter reported on appeal received from Mr. Watt, dening his request for placement of proposed mobilehome. Slide presentation was given of surrounding and adjacent neighborhood. Problems are defined to non- conformance with the City's requirement that all single family dwellings shall have a roof pitch of at least 4 inches in 12 inches. LEMA Section 17.14.030(c). Motion Councilman Baldwin second Councilman Torn to deny the appea. Denied: 5-0. , Item #56. Appeal of Design Review Board: Commercial Building - Eleanor Street: Douglas Homes. Director Morrissey recommended denial of appeal request based upon applicant not submitting request in a timely manner as required by section 2.28. 050 of the LEMC. Councilman Baldwin asured the applicant the exact time in which the appeal was filed is only a guideline and would not be denied on that basis only. Applicant was present and explained the waiver of re- quirements within staff recommendation. Staff gave evidence of location and necessary improvements and fees. Applicant stated the proposed site is on Eleanor Street only, not fronting upon Lakeshore Drive. Engineer Kicak explained the requirements are for necessary improvements upon Lakeshore Drive and the submitted map given to him, does reflect this parcel fronting Lakeshore. Motion Councilman Baldwin second Councilman Unsworth to table this matter until further map location is submitted to staff for proper location and recommendation thereof. Tabled: 5-0. 104 City Council meeting January 12, 1982 Page 4 Item #57. Resurfacing of Corydon street between Palomar and Mission Trail. Engineer Kicak gave presentation of $15,000.00 expenditure for the resur- facing of Corydon Street and Mission Trail between Palomar. Discussion was held to expenditure being low. Motion Mayor Stewart second Councilman Baldwin to authorize staff to varify bid and clarify amount and work scope. Varify and Clarify, 5-0. Item #58. Public Safety Committee: Format for formation. Councilman Torn requests Councilmen not be involved as committee members. Motion Councilman Torn second Councilman Baldwin that this Council does re- cognize a necessity for a comprehensive analysis of the communities public safety needs and further directs the City Manager to prepare a program and format for Council consideration by February 9, 1982. Approved: 5-0. ...,; Item #59. Grading Plan - Riley Street and Graham Avenue. Engineer Kicak gave presentation of Mr. Barrick request to grade on the sub- ject property and Engineer Kicak further recommended approval in concept of the proposed grading on the subject property, and that approval be sub- ject to resolving the technical problems with respect to runoff and the construction drainage facilities. Applicant has made an effort to contact adjacent property owner without sucess. Motion Councilman Baldwin second Councilman Unsworth to approve City Engineer's recommendation. Approved: 5-0. Item #60. Second resding of Ordinance No. #627. Motion Councilman Torn second Councilman Unsworth to read Ordinance by title only. Deputy so read. Motion Councilman Torn second Councilman Unsworth to approve Ordinance #627 and duly carried by the following roll call vote: Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin Aye Councilman MacMurray Aye Mayor Stewart Aye (final reading approved, 5-0.) Item #61. Ordinance prohibiting construction of new structures and additions, alterations, repairs, rehabilitation and restoration of existing structures in certain areas of the City at or below certain elecations and providing exceptions and Administrative Appeal Procedures. Motion Councilman Torn second Councilman Unsworth to read Ordinance by title only. Deputy so read. Motion Councilman Torn second Councilman Unsworth to approve Ordinance No. #711, and duly carried by the following roll call vote: Councilman Torn Aye Councilman Unsworth Aye Councilman Baldwin NO Councilman MacMurray Aye Mayor Stewart Aye (1st reading approved: 4-1) Discussion was held to elevation and drainage situation on McBride, Bromley and Shirer Streets. Resident spoke on drainage from new construction flood- ing his property and home and questioned raised elevations of new construction. Council discussed placing a moratorium upon any development within that area for study. It was a concensus of this Council that staff is to report on this situation at the regular meeting of January 26, 1982. ..... Item #62. Citizen Request: Catherine I. Jordan - Waiver of Capital Improve- ment Fees. Motion Councilman Baldwin second Councilman MacMurray to waive Capital Improvement Fund Fees for reconstruction of hardship flood case. This approval is not for future development, located on remaining parcel. Also included within this motion is a waiver of Conditional Use Permit reapproval, d~e to original Conditional Use Permit soon to expire, and extend original Conditional Use Permit six (6) months. Approved: 5-0. ..... Item #63. Citizen Request: Chamber of Commerce - David B. vik: Bicycle Tract on Chamber property. Dave vik was present and spoke of "consent" necessary to conduct this recreational venture. Also, Mr. vik requested approval be given, by this Council, to hold the annual Rodeo/Frontier Days at it's original location on Lucerne Street. Edison Company required con- sent from Council before addressing the installation of power for the rides. Motion Councilman Baldwin second Councilman MacMurray to approve both re- quests and added the Chamber of Commerce to get with staff for coordination of efforts for Frontier Days. Approved: 5-0. - <::r 'X) I:"- -:> ~ .~ ,-- ,...... 105 City Council meeting January 12, 1982 Page 5 PUBLIC COMMENTS D. Strong requested the names of Councilmen be placed back on the agenda sheets. B. Jacibson requested the Public Address System be up-graded for hearing purposes within the audience. E.J. Carter questioned consent calendar item #13. Regarding exact location of alley location. Engineer Kicak explained within the hall to allow persons with other comments to continue. REPORTS AND RECOMMENDATIONS City Manager Rede requested a closed session for personal matters. Council so agreed. Director Frazier reported rece~v~ng a claim from Whitney's Water. Council would take this matter under Closed Session. COUNCILMAN Torn requested and motioned Councilman Baldwin be appointed as the representative to the Recreational Committee for the City, second Councilman Unsworth. Approved: 5-0. COUNCILMAN Unsworth reported that maps on proposed aganda items be posted for public view. Also, staff to clear property next to Thermal Electronics for weeds. Staff to report. Councilman Unsworth nominated E.J. Carter to represent the City of Lake Elsinore for the Advisory Council on Aging. City Manager Rede pointed out that there are only a'limited number of seats on this committeed. Mr. Carter was pleased to accept. COUNCILMAN Baldwin would Avenue #9 water problem. Also, Councilman Baldwin addressed by the Mayor. like to see a resolution to Mr. Lee Allen on Director of Public Works to give full report. would like to see a 1982 Plan Policy of the City, MAYOR Stewart noted Railroad Canyon Road needs patching of holes. Staff to investigate. Also, requests traditional Council group picture be taken and also individual picture of Mayor. At this time a Closed Session was called. Council reconvened at 11:35 P.M. and reported on Whitney's Claim to be refered to City Attorney with report to be agendized on results. With no further business appearing, motion Councilman Baldwin second Councilman MacMurray to adjourn the regular Council meeting at 11:39 P.M. Duly carried, 5-0. Re~ectfully submitted, ,,-4724U?/b- 77/ /$a4CL lfuge1.a M. Basch Deputy City Clerk