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HomeMy WebLinkAbout11-26,12-10 1079, 1-08-1980 Cuty Council Minutes 3~:> CITY COUNCIL MEETING NOVEMBER 26, 1979 The City Council of the City of Lake November 26, 1979 and was called to presiding. Elsinore met in regular session on order at 7:30 P.M. with Mayor Nap Harris The Pledge of Allegiance was led by Fred Dominguez. ,- I I The City Clerk called the roll. Councilmen present were: Howie Torn, Allen Baldwin, Jerry Stewart and Mayor Nap Haaris. Councilman Fred Crowe absent. City Manager Kicak, Attorney Porter, Finance Director Lew, City Planner Hersh, Supt. of Public Works Langton and Foreman Lepper also present. CONSENT CALENDER: ~ o 00 '~. o o Motion Councilman Baldwin, seconded Councilman Torn and duly carried, the following were approved: a. Minutes of November 13, 1979, approved. b. Acceptence of deed & agreement, approved. c. Bldg. Dept. Report received & filed. d. Sheriff's Dept. Report, received & filed. e. Fire Dept. Report, received & filed. f. Krechel letter of appreciation, informational. g. Animal Control duties & procedures, informational. h. Capital Improvement Funds, informational. PUBLIC HEARINGS: - a. This being the time for the public hearing on Zone Change 79-13 (con't from 11/13), Wm. S. Buck, Mayor Harris opened the hearing at 7:32 P.M.. City Planner Hersh explained that C-P zoning would be acceptable to Mr. Buck and that Mr. McMillen had submitted letter for inclusion of his property in zone change. Mr. Buck & Mr. McMillen spoke in favor of the rezoning. There being no other response, the hearing was closed at 7:35 P.M.. Motion Councilman Baldwin, seconded Councilman Torn and duly carried, Zone Change 79-13 approved, with inclusion of additional lots. b. This being the time for the public hearing on Conditional Use Permit 79-13-Riverside Drive Development Co., City Planner Hersh explained the proposed project. Mayor Harris opened the hearing at 7:38 P.M.. There being no opposition, the hearing was closed at 7:39 P.M.. Mr. John Gale volunteered to answer questions regarding the project. Motion Councilman Torn, seconded Councilman Stewart and duly carried, Conditional Use Permit 79-13 approved, subject to the following conditions. 1. That the applicant construct the proposed seven (7) buildings, each consisting of one 3 bedroom unit in a single story structure, one 2 bedroom unit in a single story structure on the second floor of the building over a four (4) car garage, and two (2) bedroom units in two 2 story Townhouse portions of the subject building. The buildings to be constructed substantially in accord with the submit:ted plan approved by this permit. 2. Copies of the CC & R's and the Homeowners Management Association rules and regulations shall be submitted to the City Planning Department for the records. Said documents shall indicate the maintenance of all landscaping, buildings and facilities on the subject property. 3. That the property be walled or fenced as stipulated by the planning Commission and that all landscaping, including a functioning water system, be installed and maintained and that this condition be included in the CC & R's and the requirements of the Homeowners Management Association. That all parking, paving, landscaping requirement and recreational facilities, be provided as indicated on the required plot plan. 4. That the developers shall provide no less than two (2) screened trash facilities for the development, located so as to be convenient to the residents and the trash pickup crews. The sites and development shall be subject to the approval of the Director of Planning. 5. That all roof maintained or ground supported structures and equipment be architeoturally screened so that they are not visable from neighboring property or the public street and such screening shall be subject to the approval of the Director of Planning. 396 Council Meetings November 26, 1979 6. All exterior lights necessary for the subject buildings and property placed and fixed so as not to shine out onto any adjacent residential areas or public right-of-way in any manner as to provide a nuisance or hazard to road traffic or affect the living environment of the area. 7. That not more than one (1) unlighted identification sigh be permitted, such sign not to exceed a total of ~x (6) square feet in size, and be no more than four (4) foot in anyone dimension. Such sign shall face Walnut Drive and may be either mounted on the building face or ground mounted. If ground mounted, the sign must not be located any closer than 10 feet from the property line alongside any of the driveways. 8. Parking shall be covered and uncovered as indicated on the approved plot plan. - 9. Except for strictly interior modifications to individual units no substantial structural alteration, except for incidental maintenance, shall be made to any of the existing residetial or common areas, unless approved plot plans and elevation are submitted to the Planning Commission to indicate the proposed modifications or revisions and permission to make such changes has been granted. 10. Applicants shall comply with all noise level regulations of the City Ordinances. 11. Project to comply with all Riverside County Fire Protection regulations. 12. Project to comply with the Uniform Fire Code, Section 13.301. c. This being the time for the public hearing on Conditional Use Permit 79-14- Lakeview Development, Mayor Harris opened the hearing at 7:40 P.M.. Albert Accettura spoke in favor of the CUP. Motion Council- man Stewart, seconded Councilman Torn to table CUP 79-14 until completion ~ of study for commercial use zoning, failed to carryon a two to two vote. Councilman Baldwin questioned the tabling, as area really to small for commercial development and project would keep traffic off of Grand Avenue. After considerable discussion, motion Councilman Baldwin, seconded Mayor Harris to approve CUP 79-14, with fencing, failed to carryon a two to two vote. Mr. John Gale requested matter be a council agenda item on 12/10/79. d. This being the time for the public hearing on Conditional Exception 79-l5-Lutheran Church, Mayor Harris opened the hearing at 8:05 P.M. Dave Vik spoke in favor of the Conditional Exception. Motion Council- man Torn, seconded Councilman Baldwin and duly carried, Conditional Exception 79-15 approved subject to the following conditions: 1. City Council approves on the basis of the following mitigating measures recommended by the Planning Commission. a. That Planning Staff be authorized to file a Negative Declaration. b. That necessary street dedications and improvements' be provided on Lindsay and Sumner Streets subject to the request of the City Engineer. c. That the City Council adopts a Resolution approving the Conditional Exception on the basis of the following findings: (1) That practical difficulties exist. (2) That denial of the requested exception would constitute an unnecessary hardship. (3) That results inconsistent with the general intent and purposes of the Zoning Ordinance would occur through a strict application of its provisions. ..J 3H'1 2. That the new church building be soundproofed to prevent disturbance of the neighbors~ and the neighborhood because of activities within the structure. 3. That the non-conforming use of the subject property shall not be resumed~ re-estab1ished or re-opened in the event the use is abandoned~ discontinued or changed to a conforming use. -""- I 4. That the subject property be developed in accord with the submitted plans as approved. ~ - ~ 00 '~ ~ o e. This being the time for the public hearing on Conditional Exception 79-16-Wm. F1oyd~ Mayor Harris opened the hearing at 8:12 P.M. Lon Cheney~ representing the Downtown Business Association~ presented a petition opposing the Conditiona Exception to the Council. Mr. Floyd and Mr. Garduno spoke in favor of the Conditional Exception. The hearing was closed at 8:20 P.M. Planning Commissioners Unsworth and Gardner explained their reasons for and against the request. Councilman Stewart requested consideration be given to granting the request for a trial period. Motion Mayor Harris~ seconded Councilman Torn to deny Conditional Exception 79-16~ failed to carryon the following roll call vote: Aye: Harris~ Noes; Torn & Ba1dwin~ Absent: Crowe~ Abstained Stewart. Councilman Baldwin suggested Mr. Floyd meet withe the Downtown Business Association. Conditional Exception to be on December 10~ 1979 agenda. PLANNING COMMISSION & DESIGN REVIEW BOARD MATTERS a. Tentative Tract Map 15021-Art Nelson & Robert G. Wi11iams~ approved on motion Councilman Stewart~ seconded Councilman Torn and duly carried~ subject to the following recommendations: 1. Applicant comply with Lake Elsinore Public Works Traffic Engineer conditions. 2. Applicant dedicate to provide 60 foot right-of-way on Christina Court and "A" Street. 3. Applicant to install curb and gutters 18 foot from centerline. 4. Applicant provide 24 foot access pavement to Machado Street. 5. Applicant install standard sidewalk. 6. Applicant to install ornamental street 1ights~ (conform to standards of Southern California Edison.) 7. Applicant to provide adequate drainage. 8. Payoff/split outstanding sewer bonds. 9. Provide the City of Lake Elsinore with a letter of water avai1abi1ity~ (E.V.M.W.D.). 10. Install sewer main appurtenances. 11. All grading to be done by the applicants engineer to the specifications of the City. 12. Applicant shall pay costs incurred to acquire five (5) feet of street dedication along Christina Court on two parce1s~ abutting Machado Street~ not included in Tract; and shall improve right-of-way of Christina Court and frontage along two parcels on Machado Street with curbs~ gutter~ sidewalks and paving. 13. Applicant to pay all appropriate fees in accordance with Ordinance 588. 14. Project shall comply with all Riverside County Fire Department requirements. 15. Project to comply with Uniform Fire Code -#13.301. 16. All trees~ not in a designated roadway~ driveway~ foundation~ or house site~ shall be retained on the site. 17. Applicant to pay required Park fees per City formula. 18. Compliance with other conditions required by the City Engineer during review by City Council. b. Mrs. Killian's request for refund of zone change fees approved on motion Councilman Ba1dwin~ seconded Councilman Torn and duly carried. c. Zone Change 79-12 Killian withdrawn and removed from agenda. 398 Council Meeting 'November 26, 1979 BUSINESS MATTERS: a. City Mgr. Kicak reported that fencing was completed by Younger Bros. around the buildings on Lakeshore Dr. b. Study session on proposed grading ordinance to be set on Dec. 10, 1979. c. Mrs. Haney spoke on the flooding of her home in the Gunnerson/Riverside Dr. area. Mr. Bingham suggested the lowering of the culverts under Baker St. Supt. Langton to inspect and report at meeting of Dec. 10. d. Ken Cook read correspondence with Mr. Purdy of Temescal Water Co. in regard to TPM 14989, stating proposed project in flood plane if ... Railroad Canyon Dam were to fail. Engineer Kicak reported that as long as letter on file, no permit could be issued. Councilman Baldwin suggested contacting Temescal Water Co. re: monoriting of dam. Mayor Harris suggested Mr. Cook and his Engineer meet with Engineer Kicak on this problem. e. Motion Councilman Baldwin, seconded Councilman Torn and duly carried, first reading of ordinance changing Council Meeting Nights to be by title only. First reading of ordinance changing Council Meeting Nights, passed on motion Councilman Torn, seconded Councilman Stewart and duly carried. f. Santa Fe Railroad litigation recommendation from City Attorney, approved on motion Councilman Torn, seconded Councilman Baldwin and duly carried, with County Counsel to appear on City's behalf and City Clerk not to be served. g. Motion Councilman Baldwin, seconded Councilman Torn and duly carried, Amendment to contract with A.A. Webb & City of Lake Elsinore approved. h. Change Order No.1 to Engineering Contract - A.A. Webb & City of Lake Elsinore approved on motion Councilman Baldwin, seconded Councilman Stewart and duly carried. --- i. Farmers Home Administration Financial Report approved on motion Councilman Baldwinj seconded Councilman Torn and duly carr~ed. j & k. Motion Councilman Baldwin, seconded Councilman Torn and duly carried, Lease agreement with Warm Springs Associates and agreement for sewage effluent with Ed Stewart, tabled to meeting of December 10, 1979. PUBLIC COMMENTS: a. Richard Berkey stated he had complied with Council's requirements. Bldg. Inspector report to be on Dec. 10, 1979 agenda. REPORTS & RECOMMENDATIONS: 1. City Manager Kicak reported on street lights, transcripts on downtown revitalization and Swick Field grant. 2. Councilman Stewart & City Manager Kicak reported that Lake Elsinore would be considered for a Dept. of Motor Vehicle office in their next budget. 3. Motion Councilman Stewart, seconded Councilman Torn and duly carried, installation of street lights on Peck, between Main & Spring approved. ... 4. Councilman Baldwin thanked Finance Director Lew for report on Capital Inprovement funds. 5. Supt. of Public Works Don Langton reported on and presented pictures of the vandalism at Machado Park & City Park. 6. Councilman Baldwin requested work be programmed for Lakeshore Drive and Terra Cotta. 7. Councilman Torn reported on traffic cones being used for night barriers by contractors. 3HH Council Meeting November 26, 1979 8. Councilman Torn requested street striper be used on city parking lot. 9. Mayor Harris suggested contacting contractors working in the area for participation on the City Park bandstand project. ADJOURNMENT: No further business appearing, the meeting adjourned at 10:01 P.M. on motion Councilman Baldwin, seconded Councilman Torn and duly carried. r- Respectfully submitted: Approved: Florene Marshall City Clerk Nap Harris Mayor CITY COUNCIL MEETING DECEMBER 10, 1979 (2'" :;l (:LJ '-;) .-., .- ~ The City Council of the City of Lake Elsinore met in regular session on December 10, 1979 and was called to order at 7:30 P.M. with Mayor Nap Harris presiding. The Pledge of Allegiance was led by Danny Castleman. The City Clerk called the roll. Councilmen present were: Crowe, Allen B9ldwin, Jerry Stewart and Mayor Nap Harris. Attorney Porter, Finance Director Lew, City Planner Hersh, Frazier and Supt. of Public Works Langton also present. Howie Torn, Fred City Manager Kicak, Bldg. Inspector PRESENTATIONS: Norma Monaco presented John Unsworth with a certificate of appreciation for his service with the Volunteer Fire Department ahd his Fire Dept. badge. CONSENT CALENDER: Motion Councilman Baldwin, seconded Councilman Torn and duly carried, the following were approved: a. Minutes of November 26, 1979, with the correction of "their" in reference to Dept. of Motor Vehicle Office. b. Warrants, General Fund & Water Revenue. c. Deed & agreement. PUBLIC HEARINGS: a. This being the time for the publ ic hearing continuation on CUP 79-14-Lakeview Dev., Mayor Harris opened the hearing at 7:35 P.M. Ferne Johnson and Robert Will iams presented petitions with 33 signatures opposing the project and spoke against it. John Gale and Albert Accetture spoke in favor. Motion Councilman Baldwin, seconded Mayor Harris to approve with conditions, failed to carry. Motion Councilman Torn, seconded Councilman Crowe and duly carried, CUP 79-14 held over to January 22, 1980 meeting for further study. b. This being the time for the public hearing on Conditional Exception 79-16-Wm. Floyd, Mayor Harris opened the hearing at 8:01 P.M., there being no response for or against, the hearing was closed at 8:02 P.M. City Planner Hersh explained Mr. Floyd had relocated his business. Motion Councilman Torn, seconded Councilman Baldwin and duly carried, Conditional Exception 79-16 denied without prejudice. PLANNING COMMISSION & DESIGN REVIEW BOARD MATTERS: a. Public hearings set for January 8, 1980 on the following: 1. CUP 79-17-lngrid Mack Development Co. 2. Existing Moratorium R-2 area. 3. 1,002 acre Canyon Hills annexation. 4. Pre-zoning proposed annexation. 400 Council Meeting December 10, 1979 b. B & B Auto Repair - 31088 Machado Street business discussed. Mr. Pemberton spoke against the motorcycle repair and presented supporting petition. After much discussion, motion Councilman Baldwin, seconded Councilman Stewart, B & B Auto Repair liscense denied, duly carried on a three to two vote. c. Tentative Tract Map 11459-Darwin,Maxon, approved on motion Councilman Stewart, seconded Councilman Crowe and duly carried, with the following conditions: 1. Grand Avenue: (a) Dedicate and improve frontage for street purposes to widen Grand to Major Highway width (50 ft. from centerl ine). (b) Provide curb, gutter, sidewalk and half-width paveout of street - locating curb and gutter 38 feet from centerline of street. (c) Install standard roadway between new curb and street centerline to include the frontage of real estate office. (d) Provide corner cut-backs at property line corners and use standard Ilknuckle" design at the "B" and "Cll street intersection, and the "B" and "0" street intersection. 2. Interior Streets: (a) Dedicate to provide for 60 feet of right-of-way. (b) Install standard curb and gutter 18 feet from street centerline. (c) Install standard roadway between new curbs. 3. Install standard sidewalk. 4. Install ornamental street lights as required. 5. Install sanitary sewer system to serve all lots. 6. Per City Council motion, approved July 10, 1978 (Item 10), the Maxson sewer proposal for T 11459 approved on condition that it shall be built to the specifications of the City of lake Elsin6re, maintained and operated for 1 year from date of first pumping, by the developer. After 1 year and inspection of City Engineer, may be accepted by the City. Upon acceptance, an additional fee to be assessed for Tract 11459 in addition to regular monthly charge. 7. Split the outstandin~ bond amount or pay the balance of the sewer bond. 8. Provide sanitary sewer service to the real estate office by a seperate lateral. 9. Provide adequate drainage facilities. 10. All improvements to be designed by owner's Civil Engineer to the specifications of the City. 11. Staff suggests applicant apply for re-zoning of R-3 and C-l to R-l. 12. Comply with all Riverside County Fire Requirements. 13. Comply with Uniform Fire Code Section 13.301. 14. Pay for and install street name signs per City requirements~ 15. Developers and owners to permit and provide public non-motorized access to lake over easement to the lake. I -- i -- d. Tentative Parcel Map 13708-Richard Brechtel, denied without prejudice on motion Councilman Baldwin, seconded Councilman Torn and duly carried. e. Tentative Tract Map 14639-lakeland Properties denied without prejudice on motion Councilman Baldwin, seconded Councilman Torn and duly carried, until Riverside County Flood Control report is received. f. Petrolane Properties General Plan Amendment 79-2 fees, approved for refund on motion Councilman Baldwin, seconded Councilman Torn and duly carried. -- g. William S. Buck General Plan Amendment 79-4 refund of fees approved on motion Councilman Baldwin. seconded Councilman Stewart and duly carried. h. Roy Higa, Avcon Consultant General Plan amendment 79-5 fees approved to be transferred for zone change on motion Councilman Crowe, seconded Councilman Torn and duly carried. i. Minutes of December 4, 1979 received for information. 4U1 Council Meeting December 10, 1979 BUSINESS MATTERS: a. Second reading of ordinance changing Council Meeting Nights to be by title only on motion Councilman BaJdwin, seconded Councilman Torn and duly carried. Ordinance No. 597, changing Council Meeting Nights adopted on motion Councilman Torn, seconded Councilman Stewart and duly carried. r b. Pat Sisco requested Council to give consideration to additional playground equipment for Machado Park. City Mgr. Kicak reported on proposed plans. Mayor Harris suggested she contact Dr. Palmer. c. Study session on proposed grading ordinance set for January 21, 1980. d. City Mgr. Kicak reported on Baker Street flooding problem. Motion Councilman Torn, seconded Councilman Baldwin and duly carried, embankment created for Baker Street to be removed. City Attorney to contact the responsible party for the existing embankment and request that he remove the embankment which was placed in Baker Street illegally without permit. ~ -- '- IX) ''"':) ~ - - e. Motion Councilman Stewart, seconded Councilman Baldwin and duly carried, Code Enforcement McDaniels report on Classic Cars-Berkey, accepted. g. Motion Councilman Baldwin, seconded Councilman Crowe and duly carried, City Engineer & Councilman Stewart authorized to work out Peck Street lighting. Motion Councilman Crowe, seconded Councilman Torn and duly carried, additional street lights, previously authorized by Council, to be installed per need and necessity. h. Motion Councilman Crowe, seconded Councilman Torn and duly carried, agreement with F. MacKenzie Brown for proposed sewer assessment district proceedings, approved with the condition that the agency (City) shall be notified if ~ expenses exceed $800. ( " i. Resolution 79-33, SCAG-78 Growth Forecast Policy, adopted on motion Councilman Torn, seconded Councilman Baldwin and duly carried. j. Resolution 79-34, re: County Services, adopted on motion Councilman Baldwin, seconded Councilman Torn and duly carried. Resolution 79-35, calling election, adopted on motion Councilman Baldwin, seconded Councilman Torn and duly carried. Resolution 79-36, re: Candidate,ls Statements, adopted on motion Councilman Baldwin, seconded Councilman Torn and duly carried. Resolution 79-37, re: canvass, adopted on motion Councilman Baldwin, seconded Councilman Torn and duly carried. PUBLIC COMMENTS: 1. Bob Jacobson presented bandstand plans to Mayor Harris and commented on the need for additional streets on East Heald, East Graham and East Franklin. 2. Danny Castleman wished the Council and audience holiday greetings and warned people of the danger of Christmas lights unless ULA approved. ---- I ADJOURNMENT TO AN EXECUTIVE SESSION: The meeting adjourned to an executive session at 9:05 P.M. and reconvened at 10:15 P.M.. 1. Motion Councilman Baldwin, seconded Councilman Torn and duly carried, Sewage Effluent Agreement with Ed Stewart approved for execution, with change that payment shall be quarterly, in arrears. 2. Motion Councilman Baldwin, seconded Councilman Stewart and duly carried, the City Council approves the concept of a Contract City Manager as detailed in a Kicak and Associates memo dated Nov. 26, 1979 and herewith directs the City Attorney to create the appropriate contract which will reflect the will of this Council in accepting the referenced proposal. The Council herewith authorizes the Mayor to execute said Contract as prepared by the City Attorney and that Mr. Pacels contractural term will commence on January 1, 1980. 402 Council Meeting December 10, 1979 REPORTS & RECOMMENDATIONS: 1. City Mgr. Kicak reported on Swick Field meeting with Don Ito and proposed improvement of "Torn" curve. 2. Councilman Stewart commented on the fine presentations of "Fractured Fairy Talel' and "0klahoma" in the City of Lake Elsinore. 3. Councilman Crowe inquired about park lights and fixtures and suggested utlizing the 'IWoodhaven" park funds. J 4. Councilman Baldwin suggested a program for the util ization of Capital Improvements Funds. 5. Councilman Torn inquired about correspondence re: Von1s Market flooding problem. City Mgr. Kicak reported he had written to Temescal Water and Engineer Krieger. ADJOURNMENT: The meeting adjourned at 10:25 P.M. on motion Councilman Torn, seconded Councilman Stewart and duly carried, to January 8, 1980. Respectfully submitted: Approved: Florene Marshall City Clerk Nap Harris Mayor ADJOURNED CITY COUNCIL MEETING JANUARY 8, 1980 The City Council of the City of Lake Elsinore met in an adjourned'session on January 8, 1980 and was called to order at 7:30 P.M. with Mayor Nap Harris presiding."; The Pledge of Allegiance was led by Don Langton. The City Clerk called the roll. Councilmen present were: Howie Torn, Fred Crowe, Allen Baldwin, Jerry Stewart and Mayor Nap Harris. City Mgr. pace, Engineer Kicak, Attorney Dougherty, Finance Director Lew, City Planner Hersh, Bldg. Inspector Frazier and Acting Supt. of Public Works Langton also present. CONSENT CALENDER: On motion Councilman Torn, seconded Councilman Baldwin and duly carried the following were approved: 1. Minutes of December 10, 1979, approved. 3. Deeds & agreements, approved. 4. Riverside County Fire Dept. letter, informational. 6. Attorney's Report on Seminar, informational. 7. Sheriff's Dept. Report, received & filed. 8. Building Dept. Report, received & filed. 9. Financial Report, received & filed. 10. Animal Control Report, received & filed. Councilman Stewa,t questioned two items on warrant listing and Councilman Baldwin inquired if action was needed on Little League request. I I On motion Councilman Stewart, seconded Councilman Torn and duly carried, the ..J following were approved: 2. Warrants, General Fund & Water Revenue, approved. 5. Lake Elsinore Little League, informational.