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HomeMy WebLinkAbout02-09-1982 City Council Minutes 112 Lake Elsinore, California February 9, 1982 The regular meeting of the City Council of the City of Lake Elsinore, California was called to order at 7:32 p.m., Tuesday, February 9, 1982, in the Council Chamber of the City Hall, 130 South Main Street, Lake Elsinore, California, Mayor Jerry H. Stewart presiding: ROLL CALL PRESENT: Councilmen MacMurray, Torn, Unsworth and Mayor Stewart ABSENT: Councilman Baldwin -- Other City Officials and employees present: Manuel A. Rede, City Manager; John M. Porter, City Attorney; Joseph Kicak, City Engineer; Larry Ronnow, Finance Director; Jim Morrissey, Planning Director; Dwayne Frazier, Building and Safety Director; Jim Blackford, Public Works Direc- tor; and Ruth Edwards, Deputy City Clerk. At this time, Mayor Stewart stated that prior to the convening of this City Council meeting the City Attorney had requested permission to read something to the Council after the Roll Call segment of the meeting. The Mayor then called upon City Attorney John Porter to address the Council. Mr. PDrter announced that Councilman Baldwin had sent him a letter, addressed to the Mayor, but with a cover letter attached asking him to read the letter before the Council at the meeting tonight. He then proceeded to read said letter in which Councilman Baldwin tendered his resignation from the City Council stating, in part, that he was taking too much time from his family and his job. The City Attorney then distributed to each member of the City Council and the City Manage. a copy of the letter of resignation as Councilman Baldwin had requested. Mayor Stewart stated this resignation came as a total surprise to the Council and wanted the people in the audience and those watching on television to know and understand that by the resignation of Councilman Baldwin the City had lost a good man - dedicated, hardworking and a strong fighter for the community and that he would be missed. ... Councilman Unsworth enquired of the City Attorney if any action had to be taken on Councilman Baldwin's letter of resignation and_Mr. Porter replied in the negative, stating that upon receipt of the letter the resignation is effective. CONSENT CALENDAR It was moved by Councilman Torn, seconded by Councilman MacMurray and unani- mously carried that the following Consent- Calendar items be approved as recom- mended: - 1. Minutes - January 26, 1982; February 1, 1982. 2. General Demand - January, 1982. 3. Monthly Report of Cash Balances, Receipts, and Disbursements for Month of December, 1981. 4. Senior Center/Riverside County Summer Job Training. 5. Monthly Report: January, 1982 - Code Enforcement Officer and Fire Safety/ Housing Inspector. 6. Status Report for the Lake Community Center. 7. Sub-Surface Sewage Disposal Fee, Riverside County Health Department: RESOLUTION NO. 82-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF HEALTH, RIVERSIDE COUNTY, TO IMPOSE A $15.00 SUB-SURFACE SEWAGE DISPOSAL SYSTEM REVIEW FEE. .... 8. Council Policy - Study Sessions. 9. School Financing: Report from City Attorney. 10. Joint Study Session between City Council and Planning Commission. lake Elsinore, California 113 Februa ry 9, 1982 ~ Mayor Stewart stated that Items 31, 32, and 33 under Public Hearings on the City Council Agenda were also listed as Items 7-A, 7-B and 7-C under Public Hearings on the Redevelopment Agency Agenda and that said Public Hearings would be combined as one and heard under the Public Hearing segment of the Redevelop- ment Agency Agenda. At 7:40 p.m. the City Council meeting was adjourned to the meeting of the Redevelopment Agency of the City of lake Elsinore. I At this time, 8:17 p.m., the regular meeting of the City Council was reconvened and Mayor Stewart announced the remaining items under Public Hearings would now be heard. PUBLIC HEARINGS 34. RECERTIFICATION OF OCCUPANCY ORDINANCE: RESOLUTION NO. ORDINANCE NO. Building and Safety Director Dwayne Frazier stated this proposed ordinance would require a "Recertification of Occupancy" on any and all one, two or multi- family dwellings within the City of Lake Elsinore prior to renting, leasing or transferring title by sale in order to insure occupants, leasees or new owners that structures meet the minimum Health and Safety requirements as outlined in adopted Codes of the City. Mayor Stewart opened the Public Hearing at 8:19 p.m. and enquired if anyone wished to speak in opposition to above subject ordinance. Mr. Eugene J. Carter asked the City Attorney to explain the subject ordinance and Mr. Porter complied and added that the ordinance had been challenged in the ,.--., courts in Pasadena and was found to be a constitutional exercise of local police i power to provide for the Health, Safety and Welfare of the citizens within the community. CD m C\J w CD <( ... '- The following listed persons spoke in opposition: Mr. Eugene J. Carter Mr. Bob Williams Mr. Charles R. D'Amore Ms. Marsha Swanson Mr. Lee All en Mr. Fred Simpson Mr. Richard Bergquist Mr. David B. Flannery Receiving no response to his enquiry if anyone else wished to speak in opposition, Mayor Stewart then asked if anyone wished to speak in favor. Hearing no reply, Mayor Stewart closed the Public Hearing at 8:32 p.m. and called for discussion from the member.s at the table. . ,.-... Considerable discussion ensued regarding the merits of subject ordinance and protection for renters. It was moved by Councilman Torn and seconded by Councilman Unsworth that staff be directed to bring back in sixty (60) days a similar 'ordinance protective of renters but disregarding transfer of title as spoken to in subject ordinance. c. Mayor Stewart then called for discussion. Mr. Charles R. D'Amore commented on the condition of a rental on Joy Street and Councilman Unsworth also commented on conditions of rentals when he used to be an ins pector. Mayor Stewart called for the question and the motion carried by the following ro 11 call vote: AYES: NOES: ABSENT: Councilmen Torn, Unsworth and MacMurray ~1ayor Stewart One Vacant Seat -2- 114 Lake Elsinore, C~lifornia February 9, 1982 35. TENTATIVE TRACT MAP #18239 AND CONDITIONAL USE PERMIT #81-20: STEVE CAVANAUGH AND ASSOCIATES: ONE-LOT SUBDIVISION FOR CONSTRUCTION OF 14 CONDOMINIUM UNITS. Planning Director Jim Morrissey spoke briefly on above subject matter and showed slides to indicate location site and recommended approval of Conditional Use Permit #81-20 subject to compliance with the 15 conditions as listed in the Planning Commission's Report to Council, dated January 26, 1982, and approval of... Tentative Tract Map #18239 subject to compliance with the 19 conditions as listed in the Planning Commission's Report to Council, dated January 26, 1982, plus the additional requirement that applicant be required to enter into an agreement with the Elsinore School Districts to mitigate impact be added as Condition 20. Mayor Stewart opened the Public Hearing at 8:43 p.m. and enquired if anyone wishe to speak in opposition to the above mentioned project. The following person spoke in opposition: Mr. Eugene J. Carter With no more response in opposition, Mayor Stewart asked if anyone wished to spea in favor. The following persons spoke in favor: Mr. Steve Cavanaugh, applicant. Mr. Scott Hatch, Mr. Cavanaugh's partner. Upon enquiring if anyone else wished to 'speak in favor and hearing no response, Mayor Stewart closed the Public Hearing at 8:48 p.m. Discussion ensued between members at the table and planning Director Jim Morriss( ....", Councilman Torn commented that he felt 20 units to the acre should be the maxi- mum density in the City. He asked if the Council approved the Tentative Tract Map, could the applicants proceed and then redesjgn the condominiums to bring them down to 20 units to the acre or less? The Planning Director answered in the affirmative. Councilman Torn then moved approval of only Tentative Tract Map #18239 subject to the 20 conditions as recommended earlier in the hearing by the Planning Director, which motion was seconded by Councilman Unsworth. Mayor Stewart then called for further discussion. Councilman Unsworth stated that it was his understanding that Quail Drive in Woodhaven was going to be continued through the Nick Nash development behind Park Plaza and continue past the above subject project and tie in with Joy Street. He was not aware that the subject project's location was where he thought the street would go through. Councilman Unsworth also asked why the trailer was still on the site - was it still being used as a sales office? Mr. Scott Hatch said their. sales office was now in one of the units and that they had ordered the trailer removed several weeks ago but it just hadn't been pi eked up yet. Councilman Torn withdrew his motion with the consent of the second. It was moved by Councilman Unsworth, seconded by Councilman MacMurray and unani- mously carried that subject Tentative Tract Map #18239 be tabled until further information from staff determines the method of continuing Quail Drive to Joy Street. --- 36. VACATION ~F CERTAIN ALLEYS AND PORTION OF RILEY STREET: RESOLUTION NO. 82-9. City Engineer Joe Kicak described the location of above subject alleys and street vacation and stated these rights-of-way are of no use to the City as they now exist. -3- ~ l CD 01 C\J W CO <t lake Elsinore, California 115 February 9, 1982 Mayor Stewart opened the Public Hearing at 8:56 p.m. and asked if anyone wished to speak in opposition to subject vacation. Hearing no response he asked if anyone wished to speak in favor: The following listed person spoke in favor: Mr. Eugene J. Carter. With no further requests to speak in favor, Mayor Stewart closed the Public Hearing at 8:57 p.m. It was moved by Councilman Torn and seconded by Councilman Unsworth that the following resolution be adopted: RESOLUTION NO. 82-9 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE VACATION OF CERTAIN ALLEYS AND PORTIONS OF RILEY STREET PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Motion carried by the following roll call vote: AYES: NOES: ABSENT: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart None One Vacant Seat 37. VACATION OF CERTAIN ALLEY AND PORTION OF POE STREET: RESOLUTION NO. 82-10 ~- City Engineer Joe Kicak described the location of above subject alley and street vacation and stated these rights-of-way are of no use to the City as they now exi s t. '- ,.,:;. , ~ Mayor Stewart opened the Public Hearing at 8:58 p.m. and asked-.if anyone wished to speak in opposition and,receiving no reply he asked if anyone wished to speak in favor. Again receiving no response, Mayor Stewart closed the Public Hearing at 8:59 p.m. - It was moved by Councilman Torn and seconded by Councilman Unsworth that the following resolution be adopted: RESOLUTION NO. 82-10 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE VACATION OF A CERTAIN ALLEY AND A PORTION OF POE STREET PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300, ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CAL1FORNIA. Motion carried by the following roll call vote: AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart NOES: None ABSENT: One Vacant Seat 38. ZONE CHANGE 81-6: J. HANDBURY AND G. DOURIS: CHANGE PORTION OF LOT FROM R-l TO C-l. ORDINANCE NO. Planning Director Jim Morrissey gave a short report stating the Planning Com- mission's recommendation for approval and commenting that although staff recommended adoption of an ordinance rezoning the property from R-l to C-l, the legal description submitted by the applicant was not adequate and, there- fore, no ordinance has been prepared. Mayor Stewart opened the Public Hearing at 9:02 p.m. and enquired if anyone -4- 116 Lake Elsinore, California February 9, 1982 wished to speak in opposition to subject Zone Change. . The following persons spoke in opposition: Mr. Kenneth Stream spoke on behalf of Ms. Marie C. Rimo1i Mr. Eugene J. Carter With no further response in opposition, Mayor Stewart asked if anyone wished to speak in favor of Zone Change #81-6. ~ The following persons spoke in favor: Mr. Bill Pash Mr. Bill Murphy Mr. Richard Mu11inex Mr. Harold Greeberg Mr. Albert Accettoro Hearing no response to his enquiry if anyone else wished to speak in favor, Mayor Stewart closed the Public Hearing at 9:22 p.m. Upon call for discussion from members at the table, Councilman Torn stated the subject Zone Change is not in conformance with the General Plan and asked the City Attorney if there would be any legal problems if Council took an action to rezone subject property and tried to support a finding that it was in con- formance. Mr. Porter replied that there would be very little problem in undoing what the Council did if the finding could not be supported. Councilman Torn moved denial of Zone Change #81-6 based on environmental consi- derations that there is no conformity to the City's current General Plan and probably will not be in conformance with the elements of the General Plan yet to be adopted. Mayor Stewart seconde9 the motion. Councilman Unsworth stated he could approve the first part of Councilman Torn's ~. motion but not the second part regarding elements yet to be adopted. With the consent of the second, Councilman Torn wjthdrew his previous motion and moved that Zone Change #81-6 be denied based on environmental considerations that there is no conformity to the City's current General Plan, which motion was seconded by Mayor Stewart and approved by unanimous consent. 39. ZONE CHANGE #81-7: ELIMINATION OF CUMULATIVE ZONING: ORDINANCE NO. (Continued from 1-12-82 meeting). Planning Director Jim Morrissey spoke briefly regarding above subject Zone Change, which has been continued from the January 12, 1982 City Council meeting, and stated the Planning Commission's recommendation for denial. Mayor Stewart opened the Public Hearing at 9:32 p.m. and enquired if anyone wished to speak in opposition to Zone Change #81-7. The following persons spoke in opposition: Mr. Dick Murphy Mr. John Empson Mrs. Dani Va il Mr. Charles R. D'Amore Mr. Bill Simpson Mr. Michael R. Fagan Mr. David B. Flannery ~. With no further requests to speak in opposition, Mayor Stewart enquired if anyone wished to speak in favor. Upon hearing no response, Mayor Stewart closed the Public Hearing at 9:53 p.m. and called for discussion from members at the table~. Councilman Torn stated he appreciated the remarks made during the opposition portion of the Hearing, but that by this ordinance the City would for the first time have a planning tool to determine the use and type of construction for each specific piece of property. -5- lake Elsinore, California Februa ry 9, 1982 It7 Councilman Unsworth commented that this ordinance was needed in a community such as Lake Elsinore, which is going to grow rapidly, but that this is not the time. He would also like to see the General Plan and zoning to go with it before considering subject Zone Change. It was moved by Councilman Torn and seconded by Mayor Stewart that Ordinance No. ~ 635 be introduced and read by title only: l ORDINANCE NO. 635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCES NO. 349, 442, 445, 458, 480, 514 AND 620 AND PORTIONS OF TITLE 17, LAKE ELSINORE MUNICIPAL CODE, ELIMINATING CUMULA- TIVE ZONING ASPECTS OF ZONING DISTRICTS AND AMENDING THE PERMITTED USES OF EACH DISTRICT. CD m C\.I w CD <:( It was moved by Councilman Torn and seconded by Mayor Stewart that Ordinance No. 635 be approved at first reading, which motion failed to pass by the follow- ing roll call vote: AYES: Councilman Torn and Mayor Stewart NOES: Councilmen Unsworth and MacMurray ABSENT: One Vacant Seat It was moved by Councilman Torn, seconded by Councilman Unsworth and unanimously carried that subject Zone Change #81-7 be re-agendized in 180 days (6 months). At this time, 10:10 p.m., Mayor Stewart called a short recess. ,....<" RECESS Upon reconvening at 10:30 p.m., the City Clerk noted the return of all members to their places at the Council table. '- PLANNING COMMISSION 41. NONCONFORMING USE ORDINANCE: ORDINANCE NO. 633 Planning Director Jim Morrissey spoke briefly regarding above subject ordinance which will enable property owners to repair damaged or partially destroyed non- conformi ng structures. . It was moved by Councilman Torn and seconded by Councilman UnsYlorth that Ordi- nance No. 633 be introduced and read by title only: ORDINANCE NO. 633 AN-ORDINANCE OF THE CITY COUNCIL OF THE CITY OF lAKE ELSINORE, CALIFORNIA, ADDING PROVISIONS TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING THE REPAIR OF DAMAGED OR PARTIALLY DESTROYED NONCONFORMING STRUCTURES. ~. It was moved by Councilman Torn and seconded by Councilman Unsworth that Ordinance No. 633 be approved at first reading, which motion carried by the following roll call vote: . L- 'AYES: NOES: ABSENT: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart None One Vacant Seat 42. REVISION TO PARKING ORDINANCE NO. 704: ORDINANCE NO. 634. Planning Director Jim Morrissey explained that proposed subject ordinance will exempt businesses in established commercial and industrial centers from complying with the required parking lot permit. The criteria for selecting allowed uses will be based upon their conformance to uses permitted for that specific district. -6- 118 Lake Elsinore, California February 9, 1982 It was moved by Councilman Torn and seconded by Councilman Unsworth that Ordi- nance No. 634 be introduced and read by title only: ORDINANCE NO. 634 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING A PORTION OF ORDINANCE NO. 704 PARKING. It was moved by Counci lman Torn and seconded by Counci lman Unsworth that Ordi - ii' ... nance No. 634 be approved at first reading, which motion carried by the follow- ing roll call vote: AYES: NOES: ABSENT: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart None One Vacant Seat NEW BUSINESS 51. GRADING ORDINANCE ESTABLISHING CRITERIA FOR EXCAVATION, GRADING, EARTHWORK CONSTRUCTION, FILLS AND EMBANKMENTS: ORDINANCE NO. 636 City Engineer Joe Kicak explained briefly that above subject ordinance had been reviewed by the City Council sometime ago and all the input received from pre- vious study sessions has been incorporated into this ordinance. Councilman Torn stated this ordinance is one of the group of ordinances Council had requested over the past eighteen months and is badly needed. It will enable staff to better inform prospective developers of projects in the City. It was moved by. Counei lman Torn and seconded by Counei lman Unsworth that Ordi- nance No. 636 be i~troduced and read by title only: ...., - t,., ORDINANCE NO. 636 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE AND CREATING A GRADING ORDINANCE AND ESTABLISHING CRITERIA FOR EXCA- VATION, GRADING, EARTHWORK CONSTRUCTION, FILLS AND EMBANKMENTS. Councilman Unsworth commented that he would like title changes on pages 4 and 5. On page 4, in the second and third paragraphs, the title IIBuilding Inspectorll should be changed to read IIBuilding Director.1I On page 5, under IIGeneral - Criteriall heading, section a), the title IIEnvironmental Review Committee" should be changed to read IIDesign Review Board. II The changes were so approved. Mr. Wesley Hylen requested and received permission to address the Council. He commented on subject ordinance and stated his concerns with various sections. With no further-discussion, it was moved by Councilman Torn and seconded by Councilman Unsworth that Ordinance No. 636 be approved at first reading, which motion carried by the following roll call vote: AYES: Councilmen Torn, Unsworth, MacMurray and Mayor Stewart _NOES: None ABSENT: One Vacant Seat 52. AIRPORT FEASIBILITY STUDY: AWARD OF CONTRACT TO CH2M. ~' Planning Director Jim Morrissey spoke briefly on above subject matter and recommended award of contract to CH2M Hill to prepare an airport feasibility study and that the City Manager be authorized to initiate contract negotiations. It was moved by Councilman Torn, seconded by Councilman Unsworth and unanimously carried that the Planning Director's recommendation be approved as presented, with contract amount not to exceed $16,380. -7- ~ t ro m C\I w m <( Lake Elsinore, California 119 February 9, 1982 Mayor Stewart stated Item 53 would now be taken up. Councilman Torn explained he had a financial interest in this property and excused himself from participating in any action taken by the Council. 53. TRACT #14706 - OFFSITE IMPROVEMENTS AGREEMENT. BONDS FOR OFFSITE IMPROVEMENTS, FINAL MAP. (Continued from 1-26-82 Council Meeting) 53.a LAKE CREST DRIVE AS A THROUGH WAY FROM RIVERSIDE DRIVE TO MACHADO STREET City Engineer Joe Kicak reported that at the last Council meeting (1-26-82) there was a request by the applicant, Mr. Bob Williams, to consider the elimi- nation of the crossing at the channel for the primary reason that it may cause some high speed and high volume traffic in that area. After checking out the area and the planning stages for Lake Crest Drive, Mr. Kicak stated the street was not then and is not now intended to be a major street through the area. Lincoln Street has been designated on a general plan as a major through street and Lincoln Street and Lakeshore Drive will be used by any traffic coming into the City to reach the westerly portions of the lake. City Engineer Kicak agreed that based on the facts, Lake Crest Drive could in the future be a IIdrag stripll unless traffic controls are vigorously enforced. Mr. Kicak recommended that Lake Crest Drive, within Tract 11939 and Tract 12155 be permitted to termi- nate on the easterly side, and Lake Crest Drive, within Tract 14706, be per- mitted to terminate on the westerly side of the drainage easement. It was moved by Mayor Stewart and seconded by Councilman Unsworth to approve the staff recommendation. Hearing no request for further discussion, Mayor Stewart called for the question ~. and the motion carried by the following vote: AYES: Councilmen Unsworth, MacMurray and Mayor Stewart ~ NOES: None ABSTAIN: Councilman Torn ABSENT: One Vacant Seat ,.:.;. - '-- City Engineer spoke regarding Item 53 and recommended City Council approval of the fo 11 owi ng: 1. Approve the agreement for the offsite improvements for Tract 14706 between R. & M. Development Company and the City of Lake Elsinore. 2. Accept the bonds for the offsite improvements. 3. Accept a quit claim deed for the water rights and direct the City Clerk to record same. . 4. Authori~e the staff to prepare the necessary legal documents to initiate the Landscaping and Street Lighting District as well as the Street Main- tenance District within that particular subdivision. It was moved by Councilman Unsworth and seconded by Councilman MacMurray to approve the four items recommended by the City Engineer, which motion carried by the fo 11 owi ng ro 11 ca 11 vote: .. AYES: NOES: ABSTAIN: ABSENT: Councilman Unsworth, MacMurray and Mayor Stewart None Councilman Torn One Vacant Seat 54. REQUEST BY RICHARD M~RPHY FOR HASKELL FILL IN FLOOD PLAIN. Building and Safety Director Dwayne Frazier explained above subject matter was a request by Mr. Richard Murphy for a property owner named Haskell on Mission Trail who owns some property behind the Mission Trail dike. The property owner wishes . -8- 120 Lake Elsinore, California February 9, 1982 to obtain access to his property and by the access he requests that he be able to spread the fill onto this property which is in the flood plain. Granting this request is contrary to Ordinance #603 and could risk jeopardizing the City's Flood Insurance coverage. Mr. Frazier stated he felt more study is needed before allowing filling in of flood plain and recommended his first of five recommendations, which was denial. Councilman Torn asked if the reason for the request was to provide access or to provi de - fi 11 . ;~ : Mr. Richard Murphy addressed Council and stated the request was for access and to use the property for agricultural purposes. He believes that part of the dike is on the Haskell property and part is on the right-of-way. -r-.. 1 Discussion ensued between members at the table and Mr. Murphy. Councilman Unsworth commented that he would like the dike ownership researched and clarified before dirt removal by anyone. City Manager Rede remarked that if Council would so direct, staff could check this particular dike area to ascertain if some of the dirt could be moved around in the right-of-way to permit access to the property and then bring the subject request back to Council in 60 days. It was moved by Councilman Torn, seconded by Councilman MacMurray and unanimously approved that the City Manager be directed to work with the applicant with no cost to the City other than administrative. Mr. Richard Murphy asked if this matter would be back before the Council in sixty days. Councilman Torn replied that if he worked it out with the City Manager he could probably be in within a few days. 55. CITIZEN REQUEST: EUGENE J. CARTER HIS CONCERN RE COMPL.ETING HIS DISCUS- SION AT 1-12-82 COUNCIL MEETING. "T:' '- Mayor Stewart announced that he had a letter from Mr. Carter requesting above matter be withdrawn from the agenda. Mayor Stewart thanked Mr. Carter. 56. SEWER EXTENSION ACROSS MINTHORN STREET: VICINITY OF 1-15 AND M1NTHORN STREET. (Continued from 1~26-82 Council Meeting) City Manager informed the Council that the applicant has requested this matter be removed from the agenda tonight and continued for an indefinite period. 57. TENTATIVE TRACT MAP #17413 AND ZONE CHANGE #81-4: CANYON LAKE HILLS - A.B.C. HERITAGE (Continued from 1-26-82 Council Meeting) Planning Director Jim Morrissey commented that this matter has been continued for the last two City Council meetings and staff's report has remained the same as the one dated January 22, 1982, since the situation has not changed. Discussion ensued between the members at the table. Councilman Torn commented that subject map was brought to Council as a revised map following the discus- sions and the. development contract with Canyon Lake Hills about a year and a half ago. New people came into the picture, bought property and came in ~_, several Council meetings ago for a change in their tract map. There were t: several changes in the proposed conditions and one of the major problems was the matter of school impact. He asked the School District members in the audience if the problems had been resolved. Dr. Ron Flora addressed Council and, speaking on behalf of the School District Boards, requested that approval of subject Tentative Tract Map #17413 not be given at this time. He stated that the Schools attorney had ~rawn up draft -9- -- <:: '- It - ~'. 121 Lake Elsinore, California February 9, 1982 agreements regarding developer assistance for necessary educational facilities for their students. Developer and School District approval of these agree- ments may be only a matter of a few days or weeks away. Councilman Torn stated that based on the inability of the schools and the developer to come to any agreeable mitigation measures, he would move denial of Tentative Tract Map #17413, which motion was seconded by Mayor Stewart. Mr. Wesley Hylen of A.B.C. Heritage addressed Council and commented that a number of issues needed to be clarified. He stated A.B.C. Heritage's position in regard to the school mitigation impact problem. Mr. Hylen presented his development's proposal made to the School Districts. He then requested approval of Tentative Tract Map #17413 and stated the time element involved could cause them problems. Discussion continued with Councilman Torn outlining what had taken place at a joint School District/Developer meeting he had attended last night (2-8-82). Mr. Allen Nixon, lawyer for A.B.C. Heritage, stated his and A.B.C. Heritage's beliefs as to the extent of their responsibility in regard to the school issue. Councilman Unsworth remarked that he was against an outright denial and would like to see the subject matter tabled until after School Board approval and he knows what action the Board of Supervisors will take. Councilman Torn offered the willingness of both bodies, the School Districts and the Council, to meet with the develop to resolve the school issue if they so desire. Councilman Torn then moved to continue subject Tentative Tract Map #17413 matter, at the developer1s request, to the February 23, 1982 Council meeting, which motion was seconded by Councilman Unsworth and. carried by unanimous consent. l~ ~ c. At this time, 11 :30 p.m., the City Council meeting adjourned to the Redevelop- ment meeting. ,.....~ '-c At this time, 11:49 p.m., the City Council meeting was reconvened and the Mayor called the meeting to order. PUBLIC COMMENTS Mayor Stewart asked if the gentleman who wished to speak earlier on Item #56 was in the audience. Mr. Don Summers stated he was the person who tried to address Council on Item #56. Mayor Stewart informed him that since the item had been withdrawn at. the request of the applicant, they couldn't receive comments on it at this - time, but that .if he wished to comment on something for the betterment of the City he could do so. Mr. Summers remarked on the sewer line at Minthorn. Mr. Summers was told to give his name to the City Clerk and when Item #56 was agendized again he would be notified and he could appear at the meeting and spe?~ on the subject. Mr. Larry Knight addressed Council regarding persons not stopping at the stop sign at Collier next to the property the City is interested in having appraised. Ma.yor Stewart requested staff look into this matter and determine if something can be done to the road to make drivers more aware of the stop sign. Mr. Knight also spoke on building of condominiums and stated that usually too many were permitted to be built and apartments were permitted to convert to condo- miniums. He wouldn't like to see that happen here. Mr. Lee Allen addressed Council and stated he agreed with the statements Mr. Knight had made regarding the stop sign on Collier Avenue. Mr. Tom Jessup, Vice President of the Elementary School Board, commented on the results of the School Districts and developers meetings. -10- 122 Page eleven City Council Minutes February 9, 1982 PUBLIC COMMENTS - Continued Mr. Mark Laporte, Elementary School Board Trustee, spoke on the school mitigation impact problem and of attending the same joint meeting between the School Boards and Developer on February 8, 1982 that Councilman Torn reported on earlier. Mr. Clark Kane, High School Board Trustee, spoke on the same issue as Mr. Laporte, expressing the same sentiments as those just noted. -,-J':: . ( REPORTS AND RECOMMENDATIONS Mayor Stewart inquired if any Council member or any member of staff had a report he wished to give. He received no response. ADJOURNMENT With no further business to come before the Council, it was moved by Councilman Unsworth, seconded by Councilman MacMurray and unanimously approved that the meeting be adjourned at this time, 12:09 p.m., to the next regular meeting on February 23, 1982. /'/ Respectfully submitted, By Ruth Edwards, . Deputy City Clerk ...., L., ~_.