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HomeMy WebLinkAbout01-26-1982 City Council Minutes 106 [......... l~~ v..............:.....'.. t L CITY COUNCIL MEETING JANUARY 26, 1982 The City Council of the City of Lake Elsinore met in regular session on January 26, 1982 with Mayor Stewart presiding. The meeting was called to order at 7:32 P.M. The Pledge of Allegiance was led by Councilman Unsworth. Roll call was taken, and reflected Councilman Torn, Councilman Unsworth, Council- man Baldwin, Councilman MacMurray and Mayor Stewart present. City Manager Rede, Attorney Porter, Director of Building & Safety Frazier, City Engineer Kicak, Director of Planning Morrissey, Finance Director Ronnow, Director of Public Works Blackford and staff members within the audience also present. .... At this time the Redevelopment Agency/City Council was called to order. City Council reconvened at 7:47 P.M. CONSENT CALENDAR Motion Councilman Torn - second Councilman Unsworth to approve the following on a 5-0 vote. (With new rate change within Item #11) Approved: 5-0. 1. Minutes - January 12, 1982 2. Department of Building & Safety: Activity Report for December, 1981. 3. Set for Public Hearing (February 9, 1982) a. Tentative Tract Map #18239 and Conditional Use Permit #81-20: Steve Cavanaugh & Associates -850 feet North of Riverside Drive on Joy Street. b. Recertification of Occupancy Ordinance. 4. Set for Public Hearing (February 23, 1982) a. Tentative Tract Map #18211: D. Kulberg - Southeasterly of the intersection of Terra Cotta and Lakeshore Drive. b. Conditional Use Permit #81-23: Seventh Day Adventist Church: 104 South Kellogg Street. 5. Substitution of Parcel Map Fee: Fred Dominguez - Westerly of Intersection of Graham Avenue and Main Street. 6. Renewal of Elsinore Branch Library Lease Agreement between City of Lake ElsinorE! and City of Riverside. 7. League of California Cities: Eminent Domain Seminar. ~ 8. Public Meeting for Outflow Channel Project: Area 1: February 10,1982 Area 2: February 11, 1982 9. Sewer Assessment District: Pottery and Davis Streets 10. Authorization for City Manager to Dispose of Dead Trees on City Property: Resolution No. 82-5. 11. Revision to Refuse Collection Rates: Resolution No. 82-6. PLANNING COMMISSION Item #41. Second Reading of Ordinances: a. Revised Hillside Planned Development Ordinance: Ordinance No. 628. Motion Councilman Torn, second Councilman Baldwin to read by title. Deputy so read. Motion Councilman Torn, second Councilman Unsworth to approve Ordinance No. 628 by the following roll call vote: Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - AYE Councilman MacMurray - AYE Mayor Stewart - AYE Ordinance No. 628 approved, 5-0. b. Condominium Ordinance: Ordinance No. 629. second Council Unsworth to read by title. Councilman Baldwin, second Councilman Torn 629 by the following roll call vote: Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - AYE Councilman MacMurray - AYE Mayor Stewart - AYE Motion Councilman Torn, Deputy so read. Motion to approve Ordinance No. ... Ordinance No. 629 approved, 5-0. 107 Page two City Council Minutes January 26, 1982 c. Commercial/Manufacturing Ordinance: Ordinance No. 630 approved, 5-0. Motion Councilman Torn, second Councilman Unsworth to read by title. Deputy so read. Motion Councilman Torn, second Councilman Baldwin to approve Ordinance No. 630 by the following roll call vote: Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - AYE Councilman MacMurray - AYE Mayor Stewart - AYE ...--- I' Ordinance No. 630 approved, 5-0. NEW BUSINESS I.Q JO t-- -:; ~ ~ Item #50. Resolution opposing New Residential Development by School Districts. City Mgr. Rede gave presentation and City Attorney Porter stated the proposed Ordinance was not in legal form at this time. Councilman Baldwin gave presentation to Council and public on forecast for 1982 school attendance, attraction of development within the Lake Elsinore Valley, issues of today's impacts on Elsinore Schools, alternatives, moratorium for thirty days, and request for action. Resolution was read by Judy Gugliemana, President of Elsinore Union High School Board of Trustees, opposing approval of any new residential develop- ment without adequate mitigation of the impaction problems. Resolution was read by Tom Jessup, Vice President of the Elsinore Union School District, opposing new residential development, and provisions for new sites, development, construction of buildings and initial equip- ping of the school. Mr. Ronald Flora, Secretary to the Board of Trustees read resolution 1981/82-08, also opposing new development and specifically speaking to A.B.C. Heritage development on the impact this development will have. Discussion was held at this time.Council- man Unsworth stated he could not approve an Ordinance that was not currently within his agenda, nor without study time. Motion Councilman Baldwin - second Councilman Torn: "Therefore, it is requested that the City Council of the City of Lake Elsinore vote affirmatively this evening to impose a thirty (30) day MORATORIUM on the issuance of all building permits for new residential units pending a further review of data and impact by the City Attorney, Planning Director and the City Manager with a report to be delivered to the City Council for its deliberation on February 26, 1982. Further, it is requested that the Planning Director work with the Planning Commission on developing a manner in which policy could be established to allow certain "hardship" permit requests to be processed during the time of any moratorium enacted after February 26, 1982. Further, it is recommended that the City Manager, Superintendant of Schools, County Supervisor and an elected official from the City and each School Board meet and confer on this issue prior to the Council meeting on February 26, 1982, and to agendize -this matter on the Board of Supervisors Cal endar before February 26, 1982. II At this time the Chair called for a 15 minute recess: City Attorney to finalize draft Ordinance for discussion/adoption. L City Council reconvened at 9:02 P.M. Motion Councilman Baldwin - second Mayor Stewart to read Ordinance No. 631 in it's entirety by City Attorney. City Attorney so read Ordinance No. 631. City Attorney so stated the second version, in- cluding exceptions will be forthcoming. Motion Councilman Baldwin - second Councilman MacMurray to approve Ordinance No. 631 by the following roll call vote: Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - AYE Councilman MacMurray - AYE Mayor Stewart - AYE Urgency Ordinance No. 631 approved, 5-0. lOB r............: l:" ['" .. , . L Page three City Council Minutes January 26, 1982 Item #51. Second Reading of Ordinance: 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 Elevations and Providing Exceptions and Administrative Appeal Procedures: Ordinance No. 711. Motion Councilman Baldwin, second Councilman Torn to read by title. Deputy so read. Motion Councilman Torn, second Councilman Unsworth to approve Ordinance No. 711 by the following roll call vote: .... Councilman Torn - AYE Councilman Unsworth - AYE Councilman Baldwin - NO Councilman MacMurray - AYE Mayor Stewart - AYE Ordinance No. 711 approved, 4-1. At this time Mr. T. Schivone questioned Ordinance No. 631, with his time and money expended for permits. Would his permits be denied? It was a concensus of this Council: Staff to review with City Attorney and County Board of Supervisors by February 1, 1982 and this meeting to be adjourned to that date, also a "Special Meeting" to be conducted on March 1,1982 to answer questions concerning moratorium ordinance. Item #52. Tentative Tract Map #17413 and Zone Change #81-4: Canyon Lake Hills - A.B.C. Heritage (Continued from 1-12-82). Applicant/Engineer Wesley Highland requested Council to continue this item until the meeting of February 9, 1982. Motion Councilman Torn, second Councilman Unsworth to accept applicants request for continuance to February 9, 1982. Approved to accept, 5-0. Item #53. A. Parcel Map No. 13708: Richard Brechtel. Northeasterly of ~ailroad Canyon Road and Highway #71. City Attorney Report. --- B. Tentative Parcel Map No. 13708-2: Report from Planning Director. Motion Councilman Baldwin-second Councilman MacMurray to approve Parcel Map #13708 and #13708-2 subject to staff and City Attorney's recommendation and the following eight conditions: Approved, 5-0. Staff Recommendations: Approval of Tentative Parcel Map 13708-2 subject to complying with all conditions of approval including executing CC & R's prohibiting further division of Parcels 1,2, 3 and 4. City Attorney Recommendations: Add as a condition of approval the requirement that the applicant prepare and execute CC & R's prohibiting further division, and provide a notice on the map itself referencing the CC & R's pro- hibiting further division. Eight Conditions of Approval: 13708 arid 13708-2 1. The property shown in the parcel map appears to be landlocked and not to have access to any public right-of-way. Prior to any approvals by the Planning Commission, the developer should provide the City with proof of access to public right-of-way. 2. The dedications as shown in the map indicate proposed 30 feet of right-of-way. In accordance with Ordinance #529, section 3.2A4, a minimum of 40 feet of dedication is required. 3. Dedicate to City water rights within the property of the parcel map ... except that required to provide for development on individual parcels. 4. Subdivider shall work with City to provide a landscaping and lighting assessment district over all four parcels. Owner or owners of property within this area shall carry cost of filing assessments with County Assessor. 5. Submit application for zone change to Low Density Residential within 30 days of City Council approval. 6. A finding of no signigicant impact on the environment. 7. Issuance of negative declaration. ~-- l I.Q JO r-. '-;:) ~ o -- L 109 Page four City Council Minutes January 26, 1982 8. Conformance with General Plan and any applicable additional elements to be adopted by the City Council. Item #54. Appeal of Douglas Holmes: Commercial Structure - Eleanor Street and Lakeshore Drive. Motion Councilman Baldwin, second Councilman Unsworth to approve appeal of Douglas Holmes subject to the following 19 conditions. Approved 5-0. 1. The applicant shall prepare the plans in accordance with provisions of Ordinance 572 for the improvements of frontage of subject parcel and shall sign an agreement for the installation of those improvements in accordance with City Ordinances. 2. Provide adequate drainage facilities. 3. All improvements to be designed by owner's civil engineer to the specifications of the City. 4. Deed water rights to the City. 5. Applicant shall follow all recommendations of the Riverside County Fire Department. 6. Pay Capital Improvement Fund fees in accordance with the ordinances and resolutions in effect at the time of issuance of building permits. 7. Applicant shall submit a parking layout and landscape plan to the Planning Department prior to issuance of any building permits. 8. Parking lot shall provide for a minimum of eight (8) designated spaces. 9. Plan shall provide for an interior landscape planter of no less than 160 square feet. Interior planter and planters adjacent to the building shall be separate from parking areas and vehicular access ways by a six (6) inch high Portland Cement concrete curb. 10. Interior parking planter shall contain two(2) Canary Island Pine trees. Ground covering shall be bark with no less than two (2) each Gold Coast Junipers and Mint Julep Junipers. 11. The Applicant shall provide a minimum six (6) foot wide planter to run the length of the front elevation. The ground cover shall be bark and contain the following plants; two (2) Holly Oak trees, two (2) Canary Island Pine trees, and three (3) Blue Pfitzer Junipers. Adjacent to the entrance, a walk-way of exposed aggregate or inlaid brick shall be provided. 12. The applicant shall line the southern boundary of the property with California Sycamore trees spaced ten (10) feet apart for a total of twelve (12). 13. The applicant shall provide for the protection of two (2) Olive trees located at the eastern boundary of the property. 14. Area of leaching shall be planted with grass. 15. All trees shall be at least fifteen (15) gallons. 16. Permanent and automatic irrigation shall be provided for all planting areas. 17. All trash areas, outside storage of equipment, and mechanical equipment shall be effectively screened from public view and shall receive written approval from the Planning Director. 18. The exterior walls and the roof shall consist of different pastel colors. - 19. All signs shall be approved by the Planning Department. Item #55. Citizen Request: Norman L. Chaffin - Agreement for installation of sidewalk at 208 Silver Street. Motion Councilman Baldwin, second Councilman Unsworth; Agreement to be executed for installation of sidewalk. Approved: 5-0. Item #56. Sewer Extension Across Minthorn Street: Vicinity of 1-15 and Minthorn Street. Due to receipt of letter for extension from applicant, motion Councilman Torn, second Councilman Baldwin to grant extension on Item #56. Approved extension to February 9, 1982: Approved 5-0. Item #57. Appeal of U.S. Rural Homes: Mandatory Connection to City Sewer system: 310, 312 and 314 Campus Way. City Manager Rede explained that this item has been resolved. It is a concensus of this Council to table this matter indefinitely. Tabled: 5-0. 110 [, p..............'..... ':-., . . L Page five City Council Minutes January 26, 1982 Item #58. Tract #14706: Offsite Improvements Agreement; Bonds for Offsite Improvements; Final Map. Applicant R. Williams requested the deletion of a condition in requiring a bridge over outflow channel, creating a thoroughfare of Lakeview Street and also requested a change of two street names within the pro- posed tract. Motion Councilman Baldwin, second Mayor Stewart to table this item to February 9, 1982, Engineer Kicak to prepare recommendations/report. Tabled to 2/9/82: 5-0. Item #59. Request for proposal for Planning Studies. ... Motion Councilman Baldwin, second Councilman Unsworth to approve the authorization of a circulation of request for proposal. Approve: 5-0. Item #60. Citizen Request: Chamber of Commerce: David B. Vik: Events to come. Dave Vik announced Frontier Days would be from May 15 - May 31, 1982. And further requested waiver of all permits and fees, and use of City water truck and other equipment (if needed). Events are to in- clude: Parade, Queen's Contest, Rodeo, Carnival and Motorcycle Gymkana. Mr. Vik at this time passed out and collected fees from the Councilmen, City Manager and City Attorney for the annual Frontier Day buttons. The annual Beard Contest is officially opened as of Monday, February 1, 1982. Motion Councilman Baldwin, second Councilman MacMurray to approve the request of permit waiver and use of City water truck and other equipment (if needed) and officiated the opening of Frontier Days from May 15 to May 31, 1982. Motion Councilman Baldwin second Councilman MacMurray to approve the Motorcycle Gymkana Roade Arena. Approved 4-1. Councilman Torn in objection. Mr. Vik also announced Miss Elsinore came in second in the Miss U.S.A. Rodeo Contest. Appropriate placque to be awarded within the future. Motion Councilman Baldwin, second Councilman Torn to award said placque. ... PUBLIC COMMENTS E.J. Carter commented on meeting to be held by the State of California for Sewers. Council so noted and received copies of notice for the date of 1/27/82, meeting to be held by the Department of Water Resources. Gary Wayne questioned the Hillside Planned Development, Grading and Condominimum Ordinances passed tonight. He would like answers from the Planning Department on concerns written to them concerning the ordinances. Also, he requested it be stated within the minutes that he is in opposition to the Building Moratorium. Mr. W. Highland would like to state his opposition to the adopted Building Moratorium. Joe Due requested clarification on Item #57. Director Frazier informed this item was withdrawn due to applicants request to conform to connection of City sewers. REPORTS AND RECOMMENDATIONS Director Frazier reported the upgrading and moving into the annex (north wing) will be accomplished around March 1, 1982. City Manager Rede reported on the meeting to be held with the Recreation and Park Board joint City Council of two possible dates: 2/22/82 or 3/1/82: City Council requested 2/22/82, here at City Hall, 7:30 p.m. Councilman Unsworth questioned the delegation of duty on handling of motorcycles on private property. Was this currently being handled? City Attorney reported this is being handled by him and a report is forthcoming. Also, fire fees were questioned on handling. City Manager is to report. -- Mayor Stewart questioned the installation of lights at Gediman Park. Staff to report. Requests overlay of road on Railroad Canyon Road be removed due to narrowness and driving hazards. Staff to negotiate on the P.A. Sound System for public. Calendar to be placed on the Council wall for event purposes. Also, extended a welcome to the new Chamber of Commerce President. III Pa ge six City Council Minutes January 26, 1982 REPORTS AND RECOMMENDATIONS (continued). With no further business appearing, motion Councilman Baldwin, second Councilman MacMurray to adjourn this meeting to February 1, 1982. This meeting adjourned at 10:12 P.M. ,.--.--. Respectfully submitted, t Angela M. Basch Approved, 1.0 .x; Manuel A. Rede, City Cl erk f:'-o ~ ~ -, ~ ,--. - ~. ...-.-:.:...