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HomeMy WebLinkAbout03-02-1982 Adjourned Special City Council Meeting - l ~ lGJ .tJ en <( ~: '- ~ ~ L- CITY OF LAKE ELSINORE ADJOURNED SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 2, 1982 5:00 P.M. CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 133 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. The adjourned special meeting of the City Council was called to order at 5:10 p.m. by Mayor Stewart. 2. Call to order: PRESENT: ABSENT: COUNCILMEN: COUNCILMEN: TORN, UNSWORTH, MACMURRAY, STEWART NONE Also present were: City Manager Rede, City Attorney Porter, Planning Director Morrissey, City Engineer Kicak and City Clerk Harrington. 3. Business Item: 1. Tentative Tract Map #17413 and Lake Hills - A.B.C. Heritage. 1982 Council Meeting) Zone Change #81-4: Canyon (Continued from February 26, Jim Morrissey reported that there is a packet of information containing previous reports, letters and conditions of approval. The Memo dated March 1, 1982 from Planning Director Morrissey is the last est set of approved conditions on this tract as of the February 26, 1982 City Council meeting. Jim Morrissey reported that he has met with Boyle Engineering along with the City Engineer regarding the 50' roads which were addressed at the last City Council meeting and believes that they would like to address this again, they have put up a diagram regarding the possible changes from 60 foot roads which the City requires to 50 foot roads. Mr. Wesley Hylen, Post Office Box 2471, Riverside, addressed the Council regarding this project. Hylen stated they have submitted the tentative tract map with 50 foot street right of ways, some of the streets are single loaded streets, collector streets or streets that they feel should have curb and gutter on both sides, specifically they are 50 foot streets with a 36 foot improvement. They were initiallY planning to go from a 40' street to a 50' street not to the 60' street. The 60' street would cause problems with the layout of the tract. At this time Hylen asked the Council to consider this request. Mr. Hylen stated that there may be a problem with Condition #7-A, in regards to a possible misunderstanding between the City and the Water District in regards to the sewer plant. Joe Kicak felt the issue regarding the street widths was one of whether or not the Council wanted to vary from the ordinance. We have a standard and a general plan in effect with the minimum street widths of 56 feet. Kicak discussed the map which was presented and the widths of streets, curbs and sidewalks. Jim Morrissey suggested that an easement could be used to increase the so-called right of way from 50' to 60'. This would be a 5' _easement on both sides of the street. Mr. Hylen stated that the granting of an easement would also minimize grading. The wider the right of way, the more grading that must be done. Mr. Torn felt that 50' streets would be adequate from the single loaded streets but feels that the double streets should be 60'. CITY COUNCIL MINUTES 13j.djourned Special Meeting ~arch 2, 1982 Page two 3. Business Item: Tentative Tract Map #17413 and Zone Change 81-4. Continued. Discussion was held on the possible requirements of the Post Office as to placement of mail boxes. Mr. Porter stated that from a liability situation there is no particular problem with changing the widths of the streets. r' Jim Morrissey stated that the City has adopted the Riverside County Standards in regards to street widths. The land use map itself does designated the various road widths, does not go below the collector street which is 66". Mr. Porter will check the code books to see if a variance is required in order to change the widths of the streets. Mr. Unsworth questioned the conditions in the original contract, which are not listed in the Conditions of the Tract Map. The requirement to purchase a fire engine and other equipment and the other requirement was to build two little league fields. Mr. Torn stated that the little league fields would be installed upon request. At the present time there is a tremendous demand on the fields which are existing. The Council felt that anything not discussed in the revisions, then the development document would be the over-riding document. Mr. Rylen stated that the only change they are seeking in the agreement is Railroad Canyon Road. "to the park site Joe Kicak stated that he has some standards~hich should be considered: one being the graded roadwa~/'hich Wa~ discussed last week. The section proposes 24' graded roadway with v- ditches along side, he would like to at this time add that this section provide culverts which may be necessary to pro- tect the erosion of the roadway. Condition #31 should "provide for necessary culverts". --' ~- Mr. Rylen stated that he has talked to the School District regarding the School Boards recommendation for eight additional conditions: extending the terms of the option, which was agreed to with three options for renew~l for a total of 20 years instead of five years; they wanted to reduce the annual rental to a nominal sum which was changed to $6,000; the school district wanted Section 3.6.3.~ changed to read -that the School District would have the option to purchase the proper~y at any time for a nominal ree. The developer did not agree to this. 3.10, the phrase "upon recordation of first final tract map" was added; 3.11, the School District had a problem with the possiblity if they received funds from other developers that was used in the particular school site, we might want to claim that, so we added: "except school fees collected from ~ther developers"; Section 3.12, the School District wanted the escalation clause to start on January 1, 1983, however, the developer feels that they will not be started before then, so they have changed the agreement to reflect 1987, from September 30, 1992. ~.I Dr. Flora, Superintendent of Schools, stated that the agreement and res~lution being passed out was their approved documents and they question the validity of any other documents which has not been approved by the School District Attorney and the School Board. Dr. Flora proceeded to read the Resolution to the Council. Mr. Rylen stated that the agreement is not acceptable to the Developer. Re feels that the School wants all the money upfront, which is contrary to what was agreed upon before. The School District has not listed the items which they will do such as: - 1 OJ OJ C\J W CD <t ".- " ...... L-. CITY COUNCIL MINUTES Adjourned Special Meeting March 2, 1982 Page three 135 3. Business Item: Tentative Tract Map #17413 and Zone Change 81-4. Continued. -filing application to seek state funds. Asked that the City Council approve the agreement which the developer has presented. He feels it is fair, subject to the changes on page five. Mark LaPorte, member of the School Board, stated that if this agreement is not approved and the city approves the original agreement that some type of legal action would be forth coming by the School's Attorney at the request of the Board. He felt that section 3.16 of the Developers Agreement would not be satisfactory to the School District. Mr. Nixon, Attorney for A.B.C. Heritage, stated that in essence if the City Council approves their agreement and the tract map, they are bound by the agreement, but if the Council does not approve the tract map based upon the agreement, then the agree- ment is void. Mr. Nixon stated you cannot have an open-end contract. Mr. Porter reported that the street widths, distances between intersections and any other matters which vary from our standard ordinance will have to be the subject of the variance proceedings. If they are conceptionally acceptable to Council then add as an additional condition to approval that the developer process and sucessfully complete variance proceedings concerning street widths, street intersections and any other category which is not mentioned. MOVED BY TORN, SECONDED BY UNSWORTH TO APPROVE THE TRACT MAP #17413 SUBJECT TO 37 CONDITIONS AS PRESENTED IN THE PACKET DATED MARCH 2, 1982, CONDITION #38 - DEVELOPER TO PROCESS AND COMPLETE VARIANCES CONCERNING STREET WIDTHS AND INTERSECTIONS AND THE TECHNICAL THINGS THE ATTORNEY MADE REFERENCE TO; #39 - PREFERENCE THAT IN EXCHANGE FOR CITY COUNCIL AGREEMENT TO PERMIT A CHANGE IN ACCESS ROADS FROM RAILROAD CANYON TO MAIN AND FRANKLIN STREETS, THE CITY WILL REQUIRE THE FOLLOWING: a) THE FULL AND GOOD FAITH EFFORTS OF A.B.C. HERITAGE TO ASSIST THE CITY'S REDEVELOPMENT ~GENCY THROUGH THE PURCHASE OF, OR ASSISTANCE IN THE PLACEMENT OF, REDEVELOPEMENT AGENCY BONDS. b) TO THE MAXIMUM EXTENT POSSIBLE, ASSIST THE LOCAL ECONOMY THROUGH PURCHASES FROM LOCAL VENDORS, HIRING OF LOCAL RESIDENTS, AND PROCESSING OF CORPORATE FUNDS THROUGH LOCAL FINANCIAL INSTITUTIONS. c) IF SCHOOL CONSTRUCTION FUNDS SHOULD BECOME AVAILABLE FROM ANOTHER SOURCE WHICH WOULD CAUSE SCHOOL MITIGATION FEES TO BE REIMBURSED BY THE SCHOOL DISTRICT, THEN A.B.C. HERITAGE AGREES THAT SUCH REIMBURSED FEES SHALL BE SHARED EQUALLY BY A.B.C. HERITAGE AND THE CITY REDEVELOPMENT AGENCY. #40 - THE DEVELOPER WILL ENTER INTO AGREEMENTS TO MITIGATE SCHOOL IMPACTION PROBLEMS WITH THE ELSINORE SCHOOL DISTRICT - AND THE ELSINORE UNION HIGH SCHOOL DISTRICT WITHIN THE CITY. #41 - THE DEVELOPER WILL PROCESS AND SUCCESSFULLY COMPLETE AN AGREEMENT TO THE DEVELOPMENT AGREEMENT ELIMINATING OR CHANGING THE SOUTHERLY ACCESS FROM RAILROAD CANYON ROAD TO FRANKLIN AND MAIN STREET. #42 - THE ZONE CHANGE WILL BE APPROVED CONCURRENTLY WITH THE APPROVAL OF THE TRACT MAP #17413. MOTION DID NOT CARRY FOR LACK OF A VOTE, DUE TO THE APPLICANT1S WITHDRAWAL OF REQUEST. CITY COUNCIL MINUTES 13~djourned .Special Meeting March 2, 1982 Page four 3. Business Item: Tentative Tract Map #17413 and Zone Change 81-4. Continued. Mr. Torn was concerned that all the conditions in the original agreement not changed by the new conditions will still be in effect. Such as the fire equipment and the ball fields. Discussion ensued regarding the agreements and the problems of the School District. The City of Lake Elsinore is only a small fraction of the problem. I .1 r'J' Mayor Steward asked Dr. Flora what has been done to mitigate the problems of county areas ~mpacting on the School District. Dr. Flora stated that he is working on this problem with the County and will be presenting an ordinance at the next council meeting trying to make the fees uniform. In each of the agree- ments there is a pay back feature when and if funds become availabe from the State and at that time, funds will be reimbursed to a good extent. COUNCIL ADJOURNED INTO EXECUTIVE SESSION FOR POSSIBLE LITIGATION MATTERS. COUNCIL RECONVENED AT 7:07 P.M. Mr. Torn reviewed the motion for Council and the public. Mr. Unsworth stated that his second still stands. Mr. Hylen stated that he is representing the developer and asked to withdraw his request for the connection to Main and Franklin Streets. They will abide by the connection to Railroad Canyon, abide by the developers agreement and the requirements therein. They respectfully requested the revision to Exhibit A be amended to add access to Railroad~anyon Road and approval according to the developers agreement. -'" ~ Mr. Porter stated that technically Council could take action on the proposal but it would require a lot of staff time to re-work the conditions, the best thing to do would be to take the request under advisement and reschedule to enable staff to work out the conditions. Mr. Hylen stated that they withdraw the request for access for Main and Franklin and will abide by the original development agreement which is Railroad Canyon access and will work within the terms of that agreement. c ~ <:... '.l ex ~ Mr. Porter stated that the options are deny, .conditionally approve or' approve. Porter did not feel staff was in a position now to make sure the conditions proposed are adequate under these circumstances. The developer in essence is asking for the old development plus the new map. Jim Morrissey stated the conditions may not change that much, but is not in a position at this time to state what the con- ditions will be. ~- Mr. Porter stated that he is not certain that the possibility for litigation is out. This is a new tentative map or at least revised, but we ma~ need a new environmental impact report. - l ro m C\I w en <I: ,..... J- Page five Adjourned City Council Minutes March 2, 1982 137 3. Business Item: Tentative Tract Map #17413 and Zone Cbange 81-4 - Continued. Mr. Porter recommended that this item be continued at the developers request in order to enable staff to study the request of the developer for the original map. Porter stated that the developer may have to re-submit a new map due to the changes in the map, due to access. Mr. Porter stated that the previous motion is now mute, because he has submitted a new plan from the floor. MOVED BY TORN, SECONDED BY UNSWORTH AND CARRIED UNANIMOUSLY TO CONTINUE TO THE NEXT REGULAR MEETING, MARCH 23, 1982. 4. Adjournment MOVED BY STEWART, SECONDED BY MAC MURRAY TO ADJOURN AT 7:20 P.M. ATTEST: 4?~~~~ AH A. HA R NGT N, CrT CLERK CITY OF LAKE ELSINORE