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HomeMy WebLinkAboutItem 1.BMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE. 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 25, 1993. rr:• raarrrasaraaaaarrrraasaarrarrrarrrrrrrrr •atrrrraarrraaaraa CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,'WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager .Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS /CEREMONIALS A. Proclamation - Pacific Clay. Mayor Washburn read this proclamation and presented it to two representatives of Pacific Clay, noting their ongoing contributions to the Community. The representatives accepted the proclamation on behalf of Pacific Clay and Mr. David Murdock and thanked the Council for this recognition. B. rake Advertisement. Mayor Washburn commented on a 30 second advertisement which has recently been developed. City Manager Molendyk explained that this advertisement would be shown on OCN in Orange County to promote the Lake. The Videotape was shown. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item Nos: 24, 32, 33 and 34 of this agenda and deferred to those considerations. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 5. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. AGENDA ITOM 11t;O. . PAGE 10' LAC) PAGE TWO - CITY COUNCIL MINUTES - MAY 25, 1993 The following Minutes were approved: a. Regular City Council Meeting -'May 11, 1993. The following Minutes were received and ordered filed: b. Planning Commission Meeting - May 5, 1993. 2. Received and ordered filed the L.E.A.F. Animal Control' Activity Report for April, 1993. 3. Received and ordered filed the Code Enforcement Activity Report for April, 1993. 4. Received and ordered filed the Investment Report for April 30, 1993. - 6. Approved Public Hearing date of June 8, 1993 for the following: a. TMC Development - North Peak Specific Plan Amendment. request A to approve a Specific Plan Amendment '(SP 90 -2) and 7 Tentative Tract Maps as part of Phase I of the North'Peak Specific Plan Project. ITEM PULLED PROM CONSENT CALENDAR 5. Warrant List - May 15, 1993. Councilwoman Cherveny noted that a number of -items on the Warrant List related to the boat launch facility. She pulled those items being warrants to C & C Limited, CHM, Central City Signs, O.C. Striping, Signs Plus and Spincrete, indicating that since the facility has not received formal Council approval, she did not feel it ,appropriate to approve the warrants. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE BALANCE OF THE WARRANT LIST AS PRESENTED. MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF'3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE WARRANT LIST AS PRESENTED.' Street Faire. Councilman Alongi requested that an item 139 be added to this agenda regarding the Street Faire. He indicated that he would like to consider the request this evening to allow time for advertising and promotion of the event. MOVED BY ALONGI, SECONDED BY CHERVENY TO ADD THIS ITEM TO THE AGENDA AS ITEM 139. Mayor Pro Tem Dominguez noted previous comments by Mr. Zwievel that he would no longer be doing street faires. He questioned this request for consideration noting that it might be more appropriate as an appeal. AGENDA ITEM, N0.1. b' PAOc_�Z CF_4b_ PAGE THREE - CITY COUNCIL MINUTES - MAY 25# 1993 Councilman Alongi indicated that the Street Faires had been postponed due to legal problems which were now resolved. He noted that this is a good activity for the community, at no cost to the City. THE FOREGOING MOTION FAILED TO. CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. . ,) _ City Attorney Harper explained this item which would reimburse Pardee Construction for improvements to Railroad Canyon Road. He further explained that this consideration was intended to occur when the Development Agreement was approved. He indicated that this bond issuance would be in the amount of approximately $19 million, and Pardee had already committed to purchase $6 million of those bonds. He stressed the limited risk for the City, since Pardee. is willing to proceed with the property and make payments. He noted that he has been assured by Pardee that they intend to proceed with development. Councilwoman Cherveny inquired whether this approval will obligate Pardee to spend the $6 million. City Attorney Harper clarified that while there is no obligation, they have in essence already spent the funds on Railroad Canyon Road. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:16 p.m. asking those persons interested in this item to speak. City Attorney Harper indicated that Mr. Magee had intended to be present to represent Pardee, 'however, he had a family emergency arise this afternoon. Hearing no requests to speak, the public hearing was closed at 7:18 P.M. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93 -23: RESOLUTION NO. 93 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93 -24: RESOLUTION NO. 93 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPROVING THE ENGINEER'S "REPORT ". AGENDA ITE41 NO. PAGE OF V PAGE FOUR - CITY COUNCIL MINUTES - MAY 25, 1993 22. Tentative Parcel Man 27659 - Oak Grove Equities. City Manager Molendyk highlighted this project and staff's recommendations. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:20 p.m., asking those persons interested in this item to speak.- Hearing no one, the public hearing was closed at 7:21 p.m. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 27659 BASED ON THE FOLLOWING FINDINGS AND "SUBJECT .TO THE FOLLOWING CONDITIONS OF APPROVAL. 1. Thee proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan and the Elsinore City Center "Specific Plan. (Government Code Section 66473.5) 2. The effects this project is likely to have upon the housing needs of the region and needs against the public service of its residents and available fiscal and environmental resources._ have been considered and balanced. 3. The design' of the'' subdivision provides to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision. (Government Code Section 66412.3) 4. Elsinore Valley Municipal Water District (EVMWD) has determined that the discharge of waste from the proposed" subdivision into the existing sewer system will not result in a violation of the requirements as set. out in Section 13000 et seq. of the California Water Code. (Government Code Section 66474.6) PLANNING DIVISION CONDITIONS 1. Tentative Parcel Map will expire two (2) years from date of approval unless an.extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The-Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. The City's Noise Ordinance must be met during all site preparation activity. AGENDA ITEM NO. ' ---�6 �" PAO-E L �1 ,OF L t PAGE FIVE - CITY COUNCIL MINUTES - MAY 25, 1993 5, Any street names within the subdivision shall be approved by the Planning Division. 6. Pay all applicable fees in force at time of issuance of building permits. 7. Prior to final approval of Parcel Map 27659 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other applicable conditions shall be complied with. 8. Final Map shall. reflect plotting as approved on plans date stamped April 30, 1993. 9. Building permits shall not be issued until proof that all school mitigation fees have been paid is presented to City Building Division. 10. Comply with all conditions of the Riverside County Fire Department. -This shall include providing any required fire protection facilities-' 11. The developer shall meetz all requirements of Southern California Edison. Plans for a street lighting system shall be submitted to them for review and approval. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 12. Meet all requirements of Southern -California Gas Company. " 13. Meet all requirements of General Telephone. 14: Applicant must meet, all requirements of Elsinore Valley Municipal Water District (EVMWD). This .shall include providing'connection to public sewer for each lot within the subdivision.. In addition, no service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 15. All trailers used during construction shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailbox plans shall also be subject to review and approval of the Planning Division. 16. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated permit recommendationapprovals will all required for grading p grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and-Planning Division. Interim and AGENDA ITEM NO, 1 t�f PAOE 5 OF LkD_ PAGE SIX - CITY COUNCIL MINUTES -.MAY 25, 1993 'permanent erosion control measures are required. The applicant shall bond 110% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 17. Prior to issuance of any grading permit or building permit,. subdivider shall sign and complete an . "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 18. The applicant shall cause to be recorded an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement in favor of all lots, subject to the approval of the Community Development Director. -In addition, CC & Rio shall be approved by the City Attorney and the Community. Development - Director which enforces standards of building maintenance and participation in landscape maintenance. The CC & R's shall be recorded prior to finalization of the map. 19. All development associated with .this map requires separate Design Review approval in accordance with Section 17.82 of the Municipal Code prior to building permit approval; and shall be subject to review to . determine the required. level of environmental documentation subject to the provisions of the California Environmental Quality Act (CEQA) Guidelines. 20.- A geotechnical seismic report with findings and associated• recommendations to mitigate potential hazards will be required to be submitted to the Engineering and Planning .,Departments prior to recordation of the final map. ENGINEERING DEPARTMENT CONDITIONS 21. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore, Municipal Code prior to final map approval. 22." Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 23. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85 -26). 24. Submit a "Will- Serve" letter-to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a.building permit. 25. Construct all off -site public works improvements per approved street plans (Municipal Code, Title 12). AGCNDA I7EW NO. PAQE�L 0F�_ PAGE SEVEN - CITY COUNCIL MINUTES - MAY 25j, 1993 Plans must be approved and signed by the City Engineer prior to final map approval. 26. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed: to Riverside County Road Department Standards, latest edition, and City Codes, (Lake Elsinore Municipal Code 12.04 and 16.34). 27. Pay all fees and meet requirements of encroachment permit issued by the Engineering. Department for construction of off -site public works improvements (Municipal Code, Title 120 Chapter 12.08, Resolution 83 -78). 28. All compaction reports, grade certification, monument certification (with tie -notes delineated on 8 1/2" x 11" mylar) shall be- submitted to Engineering Department. before final inspection of off -site improvements will be scheduled and approved. 29. Applicant shall obtain all necessary off -site easements for off -site grading, from the adjacent property owners prior to final map approval. 30. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 31. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 32. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 33. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and /or erosion downstream caused by development of site and diversion of drainage. 34. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 35. Applicant shall obtain any necessary Cal Trans permits and meet all Cal Trans requirements. 36. Enter into a subdivision agreement with the City for off -site improvements and post appropriate bonds. 37. All improvement plans and parcel maps shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and /or discs which are compatible with the City's ARC Info /GIS or developer to pay $1,000.00 per sheet for the City to digitized. AGENDA t7ct -4 k-6 PAGE , � . A_- PAGE EIGHT - CITY COUNCIL MINUTES - MAY 251 1993 38. Developer shall install blue reflective pavement markers in the street, at all fire hydrant locations. 39. Developer 'shall be subject to all Master Planned Drainage -fees and will receive credit for all master planned drainage facilities constructed. 40. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant. shall obtain a grading permit and post appropriate security. 41. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability. 42. All grading shall conform to the requirements of - Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 43. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. 44. Applicant shall dedicate sufficient land along Grape Street to provide for a 110 foot right -of -way from the westerly corner to 300 foot southerly (55 foot half section) . The remaining section of Grape Street shall have a 100 foot right -of -way. 45. The applicant shall construct conduits and pull boxes for a future signal at the main entrance (second driveway from Railroad Canyon Road) of the site. He shall also contribute 75 percent (75 %) of the cost for the future design and construction of the traffic signal prior to issuance of building permits. 46. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge Elimination System (NPDES) and submit the storm water pollutant prevention plan prior to grading permit. 23. Specific Plan 92 -1 and Tentative Tract Man 27223 (Cane of Good City Manager Molendyk summarized this project and noted that it had been heard by the Planning Commission on several occasions. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:24. p.m., asking those persons interested in this item to speak. Bill'Fruin, Driftwood Lane, indicated that this project is located behind his homer He noted an easement which is AGENDA ITEM NO. _.L`6' PAG5 a pOi S2 PAGE NINE - CITY COUNCIL MINUTES - MAY 25, 1993 also behind his` home which has come, to be used like an alleyway, causing. a loss of privacy for his home. He suggested that a keyed gate at each end of this easement would assist in resolving this problem. He.expressed concern with the amount of fill dirt used behind his home and questioned the level of maintenance which would occur on the slope. He noted other areas where. the slopes 'are not' adequately maintained. He further noted the increased loss of privacy with the construction of these homes and questioned whether they one be one or two story homes. Mayor Washburn indicated that while he has not seen the model plans for this tract, he believed the homes with which Mr. Fruin was concerned might be Lewis Homes rather than this applicant. Belinda Nabonne, Apple Blossom Lane,_ expressed concern with the proposed project, noting that a number of the back yards in this project will be facing the front yards on her street. She also noted the difference in elevations and expressed concern with the fencing proposed_as wrought iron will afford her street views of items that, are commonly'in back yards. She suggested that this wall of the development be solid, or that particular row of homes be deleted from the plan. Fred Crowe ,.representing the Keith Companies, indicated that they are the designers and planners of this project. He stressed the efforts to please the adjoining property owners, noting that he feels it will be a very nice project. He confirmed the elevation difference-noted by Ms. Nabonne. He indicated that this row of homes is designed for view lots, noting that they will not have conventional back yards. He detailed the proposed 'configuration of these homes on the lots. He indicated that the Property Owners Association would be responsible for maintaining slopes and he would see no problem with placing a gate on the easement as requested. City Manager Molendyk requested clarification of this project versus.the location of Lewis Homes. Mr. Crowe indicated that the pads mentioned must be Lewis Homes, as there are no pads graded for this project to date. Mayor Washburn closed the public hearing at 7:24 p.m. Councilwoman Cherveny clarified for. Mr. Fruin that, this development would have a homeowners association which carried more authority that CC'& R's. Mr. Fruin expressed concern that the maintenance would be only as good as the enforcement. Mrs. Cherveny further clarified that authority of a homeowners association. After review of the project map, it was determined'that the pads behind Mr. Fruin's home are part of -the Lewis Homes project. City Manager Molendyk suggested that Mr. Fruin meet with City Planner Leslie for an update, on. the. Lewis Homes project. Councilwoman Cherveny addressed,, page 5, item 17 of the specific plan regarding a commitment.for additional fire and AGENDA ITEMC110- 1' " PA3E.� -L 07 14 ` 0 PAGE TEN - CITY COUNCIL MINUTES - MAY 25p 1993 police services. She requested that consideration be given to an assessment to address at least.the first year's services. She suggested possibly $500 per unit. City Manager Molendyk requested clarification from the City Attorney, with regard to the.ability to assess such a fee in this case. City Attorney Harper, explained that in contrast to a development agreement consideration, the City is not able to assess fees which have not been adopted by ordinance. He indicated that such a fee would need to be based on benefit and actual cost of services. He further indicated that if the developer is committed to the City -wide tax, then .there is no problem imposing that. Mayor Washburn indicated that there was one additional gentleman requesting to speak and he yielded the floor to him. Chris Newell, resident of Spruce Street, .addressed the proposed wall around this developer and suggested that the perimeter be. stucco and 5 to 6 feet tall to eliminate views into the back yards. He stressed the need to look at the new Lake Elsinore and involve the residents in'the progress. He indicated that he wants to be involved in the development of this area to maintain the quiet, pleasing atmosphere which now exists. ' He concurred with the concerns earlier expressed concerning the easement noting that there is a problem with teens congregating there. He agreed that a gate at Ohio Street would help. Councilwoman Cherveny questioned the easement.'. Mr. Crowe indicated that it was part of the Lewis.Homes project. Mayor Washburn questioned the open space and handling of the landscaping plan. Mr. Crowe noted that his project is conditioned to obtain design approval for the entire fencing program and landscaping plan for this project. He stressed the applicantfs sensitivity to the concerns of the neighboring property owners. He also indicated that when those plans come forward the adjacent property owners could be notified. Mayor Washburn commented on the grading.and inquired how dust and land slippage would be mitigated. Mr. Crowe indicated that this would be continually monitored by the soils engineer. He further indicated that the project is conditioned to be landscaped immediately after grading. Councilman Alongi noted other existing problems with homes overlooking other properties and suggested that,possibility of an ordinance to address this. Councilwoman Cherveny questioned the Councills ability to place a condition such as #46 requiring funding of a portion of a traffic signa1..City Attorney Harper indicated that this was pursuant to an adopted fee. MOVED BY CHERVENY, SECONDED BY, ALONGI TO APPROVE THE MITIGATED NEGATIVE DECLARATION 92 -1, APPROVE SPECIFIC PLAN 92 -11 APPROVE TENTATIVE TRACT MAP 27223 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS WITH THE NEIGHBORING RESIDENTS TO BE NOTIFIED. OF DESIGN CONSIDERATION ON THE FENCING AND LANDSCAPING; AND ADOPT ORDINANCE NO. 954. AGENDA ITLM NO. �- PAGE I O OF O PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 254 1993" Mayor Washburn thanked the Planning Commission', residents and applicant for their willingness to work together to address concerns and commended them for their cooperative efforts. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING. Councilman Winkler' indicated that he had abstained due to potential conflict, in that the property is behind his home. He assured the residents that he would be aware of the problems occurring in 'the easement and - keep the Sheriffs Department advised. FINDINGS - SPECIFIC PLAN 92 -1 " 1. The Cape of 'Good Hope Specific Plan meets the city's Specific Plan criteria for content and required 'implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 'of the City of Lake Elsinore Municipal Code. 2. Development regulations provided in the City Zoning Code shall apply, unless specified in the Cape of Good Hope Specific Plan. Approval of the Specific Plan Shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, except in those areas where the 'Specific Plan expressly regulates a use. 3. This request will comply with the California Environmental "- Quality Act (CEQA). Mitigated Negative Declaration 92 -1 has been prepared with the finding that this project will not have any adverse impacts' on the- environment or that any impacts will be adequately mitigated. FINDINGS - TENTATIVE TRACT MAP 27223 1. The proposed subdivision, together with the provisions "for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, 'general land uses and program specified in the General Plan and any .applicable Specific Plan. (Government Code Section 66473.5) 2. The effects this project is likely to have upon the housing needs of the region and the needs against the public service of its residents and available fiscal and environmental resources have been considered and are balanced. 3. -The design of the subdivision provides to the extent - feasible, fore future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3) 4. Elsinore Valley, Municipal' Water District (EVMWD) has determined that the discharge.of waste from the proposed subdivision into the existing sewer system AGENDA ITEM NO. •�' PAGE! OFLA PAGE TWELVE - CITY COUNCIL MINUTES - MAY 25 #-1993 will not result -in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. ,(Government Code Section 66474.6) ING DIVISION CONDITIONS 1. The text of the January 1993 version of the Cape of Good Hope., Specific Plan and the :associated environmental document Mitigated Negative Declaration 92 -1 shall be revised to incorporate any corrections and revisions and any typographical errors subsequent to their approval. A final Specific Plan and Neg. Dec. shall be-submitted for review and approval by the Community Development Director or his designee within 30 -days of approval by the City Council. No permit shall be issued until final administrative approval of the Specific Plan and Neg. Dec. by the Community Development Director or his designee. 2. Developer shall comply with all mitigation measures established, within the mitigation Monitoring Program for Mitigated Negative,Declaration 92 -1. 3. An open space plan shall delineate areas to be within homeowners' association easements and other maintenance responsibilities and shall be approved by the Community Development Director and the Community Services Director. 4. House plotting, architectural drawings, floor plans,.landscaping and fences /walls shall require Minor Design Review approval prior to issuance of building permits. All standards, of development and procedural steps in effect at: the Minor Design Review submittal shall apply for this project. 5. A wall and fencing plan shall be developed which designates where the various fencing types are to be located, . I.E., decorative masonry, or a combination wrought iron and decorative masonry or wood. Said wall and fencing plan shall prohibit wood fencing unless provisions are made for a homeowners' association to ensure maintenance. The wall and fencing plan shall be reviewed and approved by the Community Development Director prior to final map approval. 6. Automatic Garage door openers shall be installed in all residential unites. In cases where garage doors are set back less than 20 feet (201) from the back of the sidewalk, roll -up doors shall be used and shall be .subject to approval by the Community Development Director or his designee. 7. For single - family detached housing, on- street parking shall be provided at a minimum of one (1) space per unit /lot.. On- street parking can be aggregated within a neighborhood. AGENDA ITEM NO. 1 PAGE JAL OF 9 -0 PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 25P 1993 8: All manufactured slopes greater than.30 feet in height shall be contour graded. All cut and fill grading shall be done under the supervision of a geotechnical engineer and all slopes steeper than 2:1 will require a slope stability report. Applicant to post appropriate bonds for certification -of- slopes -- (to cover damages attributed to slope failure), which is to be reviewed by the City; Attorney for legality and feasibility. 9. The grade for local streets shall generally not exceed nine percent (98) with the exception that grades up to a maximum of fifteen percent (158) will be considered because of .design constraints with the approval.of,the City Engineer: 10. Slopes that are in excess of three -feet (31) in height shall be landscaped and irrigation shall be installed by the,developer, and where feasible Xeriscape shall be utilized, and subject to review and approval by the City's Landscape Architect. 11. All open spaces and - .slopes outside the public right -of -way shall be owned and maintained by either the. master home ,owners' association or private owners. All open space areas owned by the homeowners' association shall be offered for irrevocable dedication to the City if deemed necessary.or appropriate by the City. Maintenance responsibilities shall be further- defined per the provisions of Condition #3 above. 12. Drainage structures required on large slopes shall be designed to avoid an angular layout or rigid geometric patterns. 13. The developer shall establish a Homeowners Association and record associated. CC & R's to manage and impost fees to maintain. all slope or common areas, open — space, private drainage facilities, firebreaks habitat areas, private .recreational . .facilities and..grounds, private streets and anyi other common amenities. This association shall be established subject to current State . laws and be subject to the approval of the City Attorney and Community Development Director or designee who shall review all CC & R's and rules for, their adequacy and completeness. The City Attorney shall review CC & . R's, homeowners association documents and all documents to convey title to the Homeowners association. CC & R's shall be,approved prior.to final.map approval. 14. CC & R's shall also include verbiage prohibiting on- street storage of boats, motorhomes, trailers and trucks over one (1) tone capacity. CC & R's shall. also include screening - "any. ground base satellite disk from street side or visible from line of sight from surrounding neighbors or adequate landscape screening provided, and no roof- A,r. NGN ITEM NO. I �� PA05 13 of � .� PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 25i 1993 mounted or front yard satellite disk shall be allowed. 15. 'Tentative Tract Map 27223 is approved subject to the approval of Specific Plan 92 -1. 16.* Tentative Tract Map 27223 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 17. -The City's Noise Ordinance must be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and cease at 5:00 p.m., Monday through Friday. The Mitigation Monitoring Program shall` be modified to reflect said condition. 18. Street names within the subdivision shall be approved by the Planning'Division. 19. Comply with all conditions of the Riverside County Fire Department including: a) all access easements to open space for fire equipment must be approved prior to final map approval, and B) all required fire protection facilities that are to be provided must be submitted in writing to Riverside County Fire Department. 20. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 21. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to EVMWD. 22. Meet all requirements of Southern California Edison Company. In. addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall.be the responsibility of the developer and /or the association. Said plans shall be approved by the City and shall be installed in-accordance with the City Standards. 23. Developer shall participate in the City of Lake Elsinore City -wide Landscaping and Street Lighting District pursuant to Resolution 88 -27. 24. Prior to final map approval of TTM 27223, applicant shall have entered into a school impact mitigation agreement with the Lake Elsinore Unified School District. 25. Meet all requirements of Southern California Gas Company. 26.- Meet all requirements of General Telephone. AGENDA 1Tc;;7 NO. I PAGE_ LA OF PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 25v 1993 27. All trailers and /or mobile homes used during construction, shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailbox plans shall also be subject to the review and approval of the Planning Division. 28. Prior to final map approval the developer shall submit for Community Development Director review an approval a design manual separate and in addition to the design criteria included within the Specific Plan. The design manual shall identify for each architectural theme (established by the Specific Plan) the following specifications: Building materials, textures and colors; roof materials, style, pitch and color, type and style of architectural enhancements; accent materials, textures and colors; building massing and scale; and distinguishing unique features. 29. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department. -30. Pay all applicable City fees in force at the time, (including park in lieu fees), prior to the issuance of Building permits. ENGINEERING DEPARTMENT CONDITIONS 31. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 32. Construct all off -site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to approval of final map (Lake Elsinore Municipal Code 16.34). 33. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off -site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83 -78). All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 34. Public works improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road - Department Standards and City Codes (Lake Elsinore Municipal Code 12.08 and 16.34). 35. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 36. Pay all Capital Improvement and Plan Check fees AGENDA ITEM AO. 1 6�_ PAGE 'S OF A`!_. PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 25, 1993 (Municipal .. Code, Title 16, Chapter, 16.34; Resolution 85 -26)., 37. All compaction reports, grade certification, monument certification (with tie -notes delineated on 8 1/2" x 11" mylar) shall be, submitted to Engineering Department before final inspection of off -site improvements will be . scheduled and approved. 38._ Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating_; water and sewer arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 39. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 40.., All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. On -site drainage shall be conveyed to a public ,facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 42. Applicant shall enter into a subdivision agreement with the City for all off -site improvements and bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. 43. Applicant shall obtain all necessary off -site easements for off - site - grading from the adjacent property- owners prior to final map approval. 44. Submit Hydrology and Hydraulic Study for review and approval by City Engineer prior to.,approval of final map. Developer shall mitigate any flooding and /or erosion downstream caused by development of site and diversion of drainage, subject to City Engineer approval. 45. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 46. Developer shall contribute $22,500.00 towards the design and construction of a traffic signal at .Mountain Street and Robb Road. This development will increase traffic at that intersection at least 158 and should contribute 158 towards construction. 47. ,Mountain Street shall be fully improved to its . ultimate. width between Robb Road and the tract boundary prior to the first Certificate of Occupancy. AGENDA ITEM RD, 1 PA3FJJ_ OF Li 0 PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 25, 1993 48. .Spruce Street shall be fully improved,; to its ultimate width between Lot, 63, -and Date Street prior to any Certificate of Occupancy for lots 63 through 67. 49. If grading exceeds 50 cubic yards, grading plans shall be prepared by Civil Engineer and approved prior to final map approval. Prior to any grading, - applicant shall obtain a grading permit and post appropriate security. 50. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water. Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) with a storm water pollution prevention plan prior to issuance of grading permits. 51. The applicant shall provide for permanent secondary „ access from the easterly boundary of the tract that will connect to Terra Cotta across APN 389- 190 -002. The connection to Terra Cotta will take place when APN 389 - 190 -002 is developed, in the interim, emergency secondary access shall be; provided to Cherry Blossom Lane, the connection shall be turf block -with appropriate landscape; this secondary access shall only be used for emergencies and it shall have a locked gate to be approved by 'the Riverside County. Fire Department and the City Engineer. This secondary access shall be permanently closed by means of a cul -de -sac when the access to Terra Cotta is constructed. 52.- Storm runoff from the easterly boundary of the site must drain to a drainage easement through APN 3,89- 190 -002 to a natural water course. If it becomes necessary to add a storm drain .pipe down Cherry Blossom Lane, the street will be re -paved curb -to- curb where the pipe is placed in the street. 53. All graded -pads shall be. hydroseeded and have an irrigation system installed on them (for aesthetic purposes and erosion control) if building permits have not been pulled within 90 days''of the completion of grading or when determined necessary by the Community Development Director. A bond shall be posted prior to the issuance -of grading permits for all 67 lots to insure that this is carried out. 54. Construction equipment shall not use Cherry Blossom Lane and will use Mountain Street for access to the site. Construction equipment will only be on Cherry Blossom. Lane to build the storm drainage system. 1 1. ORDINANCE NO. 954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE AGENDA ITEM-NO. ��' pAQE t t C OF 40 PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 25# 1993 ELSINORE, CALIFORNIA, ADOPTING THE CAPE OF GOOD HOPE (FRIENDLY GROUP VII /K.S. CHEN) SPECIFIC PLAN 92 -1. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: 'COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 24. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS HEARING TO THE REDEVELOPMENT AGENCY MEETING AND CONCUR WITH THE REDEVELOPMENT AGENCY'S ACTION. BUSINESS ITEMS 31. Commercial Proiect No. 92 -1 - Lake Elsinore Plaza - City Manager Molendyk introduced this project. City Planner Leslie highlighted the site map and elevation displays and detailed the location of this project. He noted that the separate free standing buildings were not part of this consideration. Councilwoman Cherveny commented that she is less than pleased with the progress of this project, noting their anxiousness to proceed one year ago. She noted that she was willing to support the project but doesn't anticipate it will occur quickly. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION NO. 93- 5 AND APPROVE COMMERCIAL PROJECT NO. 92 -1 BASED ON EXHIBIT I AND THE FOLLOWING FINDINGS AND.SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Washburn noted that-he had abstained on this item due to clients in the vicinity.- FINDINGS 1.' Subject to the attached Conditions of Approval and the Mitigation Measures contained in the Mitigated Negative Declaration, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as approved complies with the Goals, Objectives and Policies of the General Plan and the Zoning District in which it is located. AGENuA ITEM, N0. PAGE OE�i =— PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 25, 1993' 3. This project complies with the. design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, .including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82_ and the planning district in which the site is located. LANNING_DIVISION CONDITIONS 1. Design Review approval for Commercial Project No. 92 -1 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be_ granted by the Community Development Manger :. prior to the expiration of the initial Design Review approval upon application by the developer-one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page one of Building Plans prior to their acceptance by.the Division of Building and Safety. 3. All site improvements. shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all , Riverside county Health Department requirements. 8. Project must meet all requirements of Cal- Trans. 9. No outdoor storage shall be allowed for any tenant. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager.or designee, prior to issuance of building permit. AOENDA ITEM NO. V PALE 11 0m-_H_&2_ PAGE TWENTY - CITY COUNCIL MINUTES - MAY 25# 1993 11. No roof ladders shall be permitted. _12. Applicant shall use roofing materials with Class "A" fire rating. 13.. All roof mounted or ground support air conditioning units or other mechanical equipment. incidental to development shall. be architecturally, screened so that they are not visible from neighboring property, public streets, and the I -15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permits. 14. All exterior downspouts shall be constructed within the interior of the building. 15. Bicycle racks shall-be provided adjacent to major commercial uses. Placement, design and quantity shall.be indicated on the final landscaping plan, and subject to the approval of the Community Development Manager or .designee, prior to the issuance of building permit. 16. The final landscaping. irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager.or designee, prior to issuance of building permit. A landscape Plan Check Fee will be charged prior to final landscape approval based on the consultant's fee plus forty percent (40 %). a) All planting ares shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and ._conventional irrigation methods. b) Applicant -shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty- four -inch (2411) box.. On areas where screening, is necessary trees shall be at least thirty six -inch (3611) box size. c) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (611) wide concrete curb. d) Planting within fifteen feet (151) of ingress /egress points shall be no higher than thirty -six inches (3611). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15 ) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as.part of.the landscaping plan. AGENDA ITEV NO, I PAGE OF LA 0 PAGE TWENTY -ONE -.CITY COUNCIL MINUTES - MAY 25 #• 1993 g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 1208 Faithful Performance, Bond, and released at completion of installation of landscape requirements ,approval /acceptance, and bond 1008 for material and labor for one (1) year. i) All landscaping, and irrigation shall be installed within affected portion of any phase -at the time a. Certificate of Occupancy is requested. for any building. , All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must -be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 17. All undeveloped building pads along Collier and Central Avenue shall be hydroseeded, irrigated and maintained by the developer - until such time they are ready to be developed. 18. If the theater building is to be forty five (451) in height, the applicant shall seek Conditional Use Permit approval. . 19. All exposed slopes in excess of.three.feet (31) in height shall have a permanent irrigation system and erosion,control vegetation installed,, approved by the Planning Division. 20. All exterior-on-site lighting shall be shielded and directed on -site so. as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of,; the building.: All lighting shall be low pressure sodium lighting. °21. Applicant shall annex project into the City's Landscape and Lighting District. , . -22. The applicant,shall, develop a Uniform Sign Program for the center which specifies harmonious and consistent colors, materials and specification which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94. The Master Signage Program shall be reviewed. and. approved by the Planning Commission. All signage including;,freestandinq.signs shall be AGENDA ITEM, NO. PAGE OF 4 D PAGE TWENTY -TWO - CITY COUNCIL MINUTES MAY 25, 1993. by City Permit and in conformance with the approved master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign .permits are required prior to the erection of each sign. 23. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District t)EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 24. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12' x 201 (twelve -foot' by twenty -foot) loading space as required by the City Municipal Code. 25. Trailers utilized during construction shall be approved by the Planning Division. 26. - On -site surface drainage shall not cross sidewalks. 27. Parking stalls shall be double- striped with four- _ inch (411) lines two -feet (21) apart. 28. Painted arrows on the asphalt shall be located at all internal one -way drive aisles. 29. A six foot (611) high masonry block wall shall be 'constructed along the side adjacent to the cemetery and shall conform to'Section 17.37.070 (Fences and Walls), subject to the approval of the Community Development Manager, prior to issuance of building permit. 30. An eight foot (8f) high decorative masonry block wall (to match the building design) shall be constructed along the side adjacent to the Freeway 'and shall conform to Section 17.37.070 (Fences and Walls), subject to the approval of the Community Development Manager, prior to issuance of building permit. 31. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department for inclusion in-the case records. 32. This project shall be subject to the mitigation measures of Mitigated Negative Declaration No. 93-5. ENGINEERING DEPARTMENT CONDITIONS 33. Meet all Conditions of Approval'for the Tentative Parcel Map No. 24571. AGENDA ITEM NO. .16' PAGE OF1_ PAGE TWENTY - THREE - CITY COUNCIL MINUTES - MAY 25, 1993 32. Extension of Time for Tentative Parcel Man No. 24481, Sevastian Veneaas' &Marla Juana Venegas. I ` City Manager Molendyk explained this -item and - detailed the location. He read the following letter from Alan Manee, Manes Consulting Services: Honorable Mayor and City Council: On behalf of the project applicants', we accept the conditions of approval and make one request to this action. The applicant requests that this time extension be granted for a 24 -month period due primarily to a very uncertain residential housing market. As 'you know, this is a "fill -in" project and all .lots are oversize. We feel that it will be one of the first small subdivisions -sold. Our concern is the most uncertain housing market for the Southern California area which prompts this request. We feel that the additional time would be a prudent consideration under these circumstances. Thank you for your consideration' in this matter and understanding. Alan Constantino Manee, Principal Alan Manee; 409 Oak Lawn Avenue, South Pasadena, explained this request further and stressed the difficulty in the current housing market. He indicated that the project is ready to go but at present confidence with the economy is shaken. MOVED'BY CHERVENY, SECONDED BY WINKLER R-AND CARRIED BY UNANIMOUS VOTE TO GRANT A 24 MONTH EXTENSION OF TIME-FOR PARCEL MAP 24481, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING REVISED AND ADDITIONAL CONDITIONS OF APPROVAL. FINDINGS 1. Substantial progress toward the development of this Tract Map has.taken place. 2. The project as redesigned and reconditioned As consistent with the Goals, Policies, and Objectives of the General Plan and the Zoning District in which it is located.(R -1) 1. Tentative Tract Map No.` 24861 (Exhibit "B") will expire January 8, 1994 unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with Title. 16 (Subdivisions) of the Municipal Code. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. The Tentative Tract Map shall comply with the AGENDA ITEM NO. 1���' PAGE - OF b _ PAGE TWENTY - POUR.- CITY COUNCIL MINUTES_- MAY 25, 1993 Conditions of Approval imposed by the :County of Riverside Board of Supervisors on January 1, 1991. ;ENGINEERING DEPARTMENT CONDITIONS. 4. A11 improvement - plans and tracts shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or. discs which are compatible with the City's ARC info /GIS or developer to pay $1,000. per sheet for City digitizing. 5. _.Annex to the ,City Landscaping and Street Lighting District. .6.. . Developer shall install blue reflective pavement markers .in the street at all fire hydrant locations. 7. Developer shall be subject to all Master Planned Drainage Fees and will receive credit for all master planned drainage facilities constructed. 8. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 9. The owner .shall provide the City proof of his having filed a Notice of Intent with the Regional Water quality Control Board for the National Pollutants. Discharge Elimination System (NPDES) with a storm water pollution prevention plan prior to issuance of grading permits. 10. The connection of "A" Street (as proposed on Exhibit "B" with Terra Cotta shall match the future alignment of Terra Cotta. 33. Extension of Time for Tentative Tract Man No. 25098 - City Manager Molendyk indicated that'thIs request is the same as at the last meeting, however, it was sent back for further staff review of the pending frontage road. City Planner Leslie indicated he had discussed this issue with the -applicant and noted that verbiage had been included for a condition, however, the applicant was, not in agreement with it. . 1. Mayor Washburn noted a proposed condition supplied by the applicant. Mayor Pro Tem Dominguez indicated that the applicant's proposed condition would address his concerns. City Planner Leslie indicated that he would concur with the condition. Councilman Alongi requested the City Attorney's input on the verbiage presented. City Attorney Harper indicated that the AGENDA ITEM NO. PAGE OFA0 PAGE TWENTY -FIVE - CITY COUNCIL KINUTES - MAY 25, 1993 way it was drafted was no problem, and noted that when the District formation begins, additional discussions will most likely, occur anyway. He indicated that the condition would be a good compromise. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 25098 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL INCLUDING CONDITION NO. 67 AS PRESENTED BY THE APPLICANT. Councilman Alongi questioned what, this additional condition would accomplish if it did not address it adequately. City Attorney Harper clarified that to the extent that there is benefit to this project, it commits the applicant to communication on the district. 'He indicated that this was as good a condition as could be drafted at this',point in the process while accomplishing what staff and the applicant want. He noted that he had spoken with Mr.. Buxton, regarding the proposed district and there is some question . as - to the existence of any benefit to this,project; and in fact to date it has not been included -in the - proposed district. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS - .. 1. 1. Substantial progress towird'the development of this Tract Map has,taken place. 2. The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. PLANNING DIVISION CONDITIONS 1. Tentative Tract Map will expire two (2) years from the data of,approval unless an extension of time is granted by the City of Lake elsinore.City council in accordance with the Subdivision Map Act. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map, Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title .16 and Title 17 unless modified by these Conditions of Approval. The final map shall include a lot tabulation of all proposed lots. The tabulation shall .include net square footage_ of all lots and minimum and-.average lot sizes. 3. Signage for this subdivision shall require City permits. 4. The Cityfs'Noise Ordinance must.be met during all site preparation activity. 5. Street names within the subdivision shall be approved by the Planning Division. '6. All grading shall conform to the requirements of Section 6.11,6f the Subdivision Ordinance and Chapter 70 of the 'Uniform Building. Code.. A biological study of site AGENDA ITEM NO. PAGEi t� OF�V PAGE TWENTY -SIB-- CITY COUNCIL MINUTES -MAY 25p 1993 vegetation and the presence of SKR must be submitted prior to issuance of grading permits. If 'SKR are present, full compliance with Federal Interim or permanent Habitat Conservation Programs for the endangered species are required prior to issuance of grading permits. 7. Pay all applicable fees in force at time of. issuance of building permits. 8. Class II bicycle lane to be provided along Gruneto Hills Drive. 9. Building permits shall not be issued until proof of payment of school- mitigation fee is presented to City Building Division. 10. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). a. This property is in the 1800 /1601 pressure zone with maximum serviceable pad elevation of 1680/1481. - - b. Pay water /sewer connection fee per Resolution Nom 971.5 prior to Certificate of Occupancy issuance. C. Presently water /sewer is unavailable to serve this area. d. Submit hydraulic analysis to determine off -site sewer line sizing and on -site sewer facilities sizing to meet E.V.M.W.D. Standards. e. Submit hydraulic analysis to size on -site and /or off -site water lines to meet Riverside County Fire Department -requirements using fire flow plus maximum day demand. f. Design and construct: water and /or sewer line along entire project frontage and surrounding areas, to E.V.M.W.D. Standards and Specifications. g. Prepare a focused water and sewer Master "Plan for this project. h. Any off -site street improvement extensions require water and.or sewer line extensions within the new street. i. Design and construct water reservoir, booster pump station and transmission mains sized to meet a regional need for operational, fire, and emergency water requirements. Design shall be subterranean or screened from view. j. Design and construct sewage lift station sized to meet a regional need for additional area tributary to the station (if required by.design analysis). Design shall be subterranean or screened from view. AGENDA ITEM NO. ' PAGE OF PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES - MAY 25# 1993 k. Upgrade existing sewage lift station (s) to meet the project's additional demand on .existing facilities. (if required -by design analysis). 1. All facilities must be. designed and constructed at owners /developers expense and to the current District's standards and Specifications and Master Plan. M. The Elsinore Valley Municipal Water District anticipates providing sanitary sewer service for the above referenced property, basad upon the completion of the 1 m.g.d. expansion of the Regional Wastewater Reclamation Plant. It is estimated that an additional 1 m.g.d. sewage treatment capacity will be available by July 1990. E.V.M.W.D. has also programmed additional expansion of the treatment plant by currently preparing an E.I.R. for the next phase of construction. By this condition of _service the District expresses no warranties as to the availability,of sewer service for the above referenced property at such time as applications for sewer service to the property are accepted or approved. 11. The applicant shall provide connection'to'public sewer for each lot within the subdivision. No service laterals shall cross adjacent ...property lines and shall be delineated on engineering sewer plans and profiles for submittal 'to the E.V.M.W.D.. 12. The Developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, - installation as_well as energy charges shall be the responsibility of the developer and /or the as Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 13. Meet all requirements of Southern California Edison Company. 14. Meet all requirements of Southern California Gas Company. 15. Meet all requirements of General Telephone. 16. All trailers used during construction, project mailboxes and project signage shall be subject to Planning Division review and approval prior to installation.. 17. Applicant shall submit and receive approval of landscape .and irrigation plans .for model homes (if such are desired),_back -up wall areas, street trees and slope planting in accordance with, the City Landscape Guidelines, prior to issuance of building permits. 18. Subdivider shall record CC & R's for the project prohibiting on- street storage, of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening of any ground base disk and AGENDA ITEM NO. _1 121 . PAOEi1 OFD PAGE TWENTY -EIGHT - CITY COUNCIL MINUTES - MAY 25# 1993 no roof- mounted or front yard disk shall be allowed. CC &,R's shall disclose sites proximity to landfill. CC & R's shall be subject to the approval of the Community Development Director or his designee and the City Attorney prior to recordation of any deeds or final map. CC & R's shall be recorded with the final map. 19. House plotting, architectural drawings, floor plans, landscaping and fences /walls shall require Minor Design Review approval prior to issuance of building permits. a) Residential _plotting plans shall indicate lots requiring vapor barriers for building foundations. b) Foundation plans submitted for building permits must include a vapor barrier detail and affected lots noted on foundation plans. 20. A six foot (61) decorative 'masonry wall shall be constructed along the project perimeter and rear lots of Gruneto Hills Drive. Precise design, materials, color and location to be determined through the Minor Design Review process. A combination block /wrought iron fence may be used where views are to be preserved, subject to the approval of the Community Development Director or his designee. 21.. *pAegXalterations to *pl003 aphy, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval., and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and 'Planning Division.. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 22. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 23. All project mitigation measures specified in adopted 'Negative Declaration 90 -13 and in compliance with the Mitigation Monitoring Program for this project shall be incorporated into project design and development: a) Construction on Lots 77 -80, 135 -141, 144 -146, 153 - 158, 186 -189, 199 -202 and 230= 233 shall require a methane vapor resistant barrier to be installed in each individual building foundation, the design of which shall be approved by the Riverside County Waste Management Division and /or the Riverside County Environmental Health Department. The developer shall be responsible for submitting to the Planning Department vapor barrier plans designed by a registered engineer with solid waste management experience. All building foundation AGENDA ITEM NO. _LjL_ PAGE a% .OF L4 D PAGE TWENTY -NINE - CITY COUNCIL MINUTES - MAY 25, 1993 plans submitted for the above referenced lots shall include' details of the vapor barrier: The Building /Safety. Department shall be required to inspect and report to _ the Planning Department on the vapor barriers for each individual building foundation before further site construction can take place. • m U4 U-1 24. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to_final map approval. 25. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52..030).. Document can be obtained from the Engineering Department. 26. Pay all' capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85- 26)., 27. Submit a "Will- Serve" letter to the City Engineering Department,,from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 28. Construct all public.works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to final map approval. 29. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works` improvements' (Municipal- Code, Title 12, Chapter 12.08, Resolution 83 -78). 30. Street improvement plans and specifications shall be prepared by a registered Engineer. Improvements shall be designed and constructed to Riverside. County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and, '16.34). 31. Applicant shall obtain.all necessary off -site easements for off -site grading from the adjacent,property owners prior to final map approval. 32. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) shall be the responsibility of the property owner or his agent. 33. Provide fire protection facilities as required in writing by Riverside County Fire Department. 314. Provide street lighting and show lighting improvements on street improvements' plans as required by -the City Engineer. 35. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map.' Developer shall mitigate any flooding and /or erosion AGENDA ITEM NO. PAGE ® OF H PAGE THIRTY - CITY COUNCIL MINUTES - MAY 25# 1993 downstream caused by, development of site and diversion of drainage. 36. All drainage .facilities in, this tract shall be ,constructed to Riverside County Flood Control District standards. 37. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners.with 100 year storm flood protection. 38. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 39. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with. preliminary and finish grade certification. 40. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Lots 64 through 66, Lots 69 through 73 and Lot 76 shall drain to a common easement or accepted by letter of drainage acceptance. 41. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certification of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1,000 per sheet for future.digitizing, excluding the title sheet. 42. No residential lot shall front or have access to "A" Street. .43. Developer shall provide a traffic study prepared by a Traffic Engineer to determine the traffic volume and the impacts, on intersections in'the vicinity and freeway on and off ramps, and loading of lots on "D" Street prior to final map approval and contribute a pro -rata share for the design and construction of these traffic signals subject to the approval of the City Engineer. 44. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a, fee for installation by the City. 45. Developer. shall install blue reflective pavement markers in the street at all Fire hydrant locations. 46. Map, shall provide for all local streets to have sixty foot (601) right -of -way with forty foot (401) curb -to- curb. Restricted local streets (cul- de- sacs,shall have fifty foot (501) of right -of -way with thirty -six foot (361) curb -to -curb with a three foot (31) utility easement on each side. 47. Map shall provide "A" Street with an eighty -eight foot AGENDA ITEM NO. J. PAGE '10 OF 4 V PAGE THIRTY -ONE - CITY COUNCIL MINUTES ­KAY 25# 1993 (881) right -of -way • and•'sixty -four foot (641) curb -to- curb. 48.- Southern California Edison easement across "A" Street shall be extinguished 'prior.to -final map approval. 49. Prior to the final map approval secondary, access must be provided subject to the approval of the City Engineer and as recommended by the Riverside County Fire Department. If the secondary access road is, on or near the landfill site, an agreement 'must be executed between the City, Developer, and Riverside County Solid Waste Management addressing alignment, width, type of road surface and "maintenance responsibility including a maintenance schedule. and bonding. 50. DELETED. 51. If right -of -way or easements are abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right -of -way. 52. Off -site drainage must be contained in brow ditches at the tope of manufactured slopes at the tract boundary. 53. Drainage facilities off -site shall be secured in a drainage easement prior to final map approval. 54. 'Desirable grade for local streets is'nine percent (9 %) . The maximum grade of fifteen percent (15 %) should only be used because of design constraints. 55'. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 56. Grading for this subdivision shall comply with the grading objectives.and guidelines established in the Lake Elsinore Municipal Code. 57. Applicant shall connect "A" Street with °Franklin Street off -site as shown on plans prepared by Theilman Engineers. Some lots along "A" Street may be eliminated to provide for the connection. All off -site right -of -way for the'Franklin Street connection must be secured prior to final map approval. - 58. Remainder parcel shall be' shown as lettered lots and dedicated to the City on the final map. 59. Secondary access shall be relocated to an alignment at the toe of the landfill returning to interior Street "O" in the vicinity of Lot 200, and be constructed in a manner which does. not conflict with final closure or gas extraction plans for the' landfill, all as approved by both the City Engineer and the Riverside County Director of Waste Management. - 60. 'Lot 135 to shall be Commission. be utilized as an entry, statement. Design reviewed and approved by the Planning AGENDA ITEM NCO. 16 1 PAGE 31_ OF 4 D PAGE THIRTY -TWO --CITY COUNCIL MINUTES - MAY 25, 1993 61. The applicant shall conduct a study on the unexploded rounds at the old target range site, and submit said study to the Planning Division concurrently with project rough grading plans submitted for grading permits. If necessary, remedial action of any unexploded rounds shall be required prior to issuance of grading permits. 62. Landscaping for slopes along "A" Street, particularly Lots 1 through 6, 42 and 43, 168 through 174, 148 and 149 and 135 through 140, Lots 78 through 81 and Lots 20 through 24, ,shall have uniform setbacks, so that the landscaping looks contiguous along that street, and shall be reviewed and approved by the Planning Commission. Maintenance for said slopes shall be through a Homeowners Association or mutual maintenance Agreement, approved by the Community Development Director and City Attorney. 63. Dedicated area shall be identified on the final tract map as landfill buffer. Further, developer shall prepare and record a notice that those lots abutting the dedicated area are adjacent to a landfill buffer and a landfill. 64. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer. and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 65. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant System Permit with the storm water pollutant prevention plan prior to issuance of a grading permit. 66. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master .Planner Drainage facilities constructed. 67.1 The applicant shall agree to participate in a future Camino del Norte Improvement District if one,is formed, and it can be shown that this Tract is a significant beneficiary of improvements resulting from said -District. The level of benefit to all affected property, owners impacted by this District will be ascertained after appropriate analysis is made and the findings deliberated before the City Council. This agreement in principle by the property owner of record of this Tract, or their successors, shall be valid until such time that a determination is made on the formation of said Improvement District; or. thirty-six (36) months; or upon the application for building permits;,whichever comes first., 34. Lake Transfer /Boating Regulations - Ordinance No 957. City Manager Molendyk explained this item and its relationship to the pending transfer of the Lake. He clarified that this is adoption of the existing State regulations, and noted that there is flexibility.for change later if Council so desires. City Attorney Harper noted that the existing orders would need AGENDA ITEM NO. ' `%0 ,a PAGE U OF LA PAGE THIRTY -THREE - CITY COUNCIL MINUTES MAY 2Sv 1993 to be incorporated into the ordinance format. Peter Dawson, 18010 Grand Avenue, addressed the efforts of the Southshore Homeowners to continue discussions with the City. He addressed the regulations to be adopted by the City and indicated his concern was on pages 3 and 4 regarding launch rights. He suggested that Section C.4. on page 12 of this report be clarified or deleted. He indicated that it would not be a problem if the lake is maintained at a. reasonable. high level, but questioned this regulation if it was not. Councilwoman Cherveny indicated that she had met with the Southern California Joint Powers Insurance Authority representatives last week and noted that their biggest concern . was the existence of a speed limit. She suggested that it might be appropriate to set a speed limit in the ' "high speed zone" as well. Manager of Special Projects Watenpaugh concurred that this was a concern of the'JPIA'representatives and they would prefer that all areas be regulated. Councilwoman Cherveny noted that the speed limit could be waived for special events such as boat races, but a day -to -day regulation should exist: City Manager Molendyk noted that the representatives would be meeting with State officials next. Mayor Washburn stressed the .importance of adopting these regulations to insure they are in place for the transfer. Mayor Washburn noted that he had received comments regarding the ability to allow hovercraft, hours of operation, etc. He indicated that the Lake Advisory Committee would be discussing these issues and providing input and stressed the potential for change of this document on a continuing basis. He also noted the attractiveness of the ability to speed on the.lake and expressed concern with limiting that. 'Councilwoman Cherveny clarified that the speed limit had been a request of the insurance representatives.. City Attorney Harper explained that this regulations would be the same, however-the document would be .amended to include numbering for the executive orders. Councilwoman Cherveny questioned the ability to change the document later. City Attorney Harper clarified. Mayor Washburn reiterated the need to have something in place before the transfer occurs. City Attorney Harper recommended adoption of the materials as written and.if necessary it can be amended. Councilman Winkler commented that he would assume this document will come back many times; noting that speed limit, hovercraft, etc. are issues which can be pursued further. Councilman Alongi noted that he has concerns with fencing which can be addressed later as well. AGENDA ITEM NO. 1 ' '� PAO_ _n �--L PAGE THIRTY -FOUR - CITY COUNCIL MINUTES - MAY 25j, 1993, MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 957: NO. 957 AN ORDINANCE OF THE.CITY OF LAKE ELSINORE AMENDING CHAPTER 9.96 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO BOATING REGULATIONS.`. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES:: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Oktoberfest 1993 - Invitation for Co- Sponsorship. City Manager Molendyk explained this item and noted that the Chamber had offered to share the 6% proceeds they would be receiving with the City. Councilman Winkler questioned the cost of advertising to be shared. City Manager Molendyk indicated that it would most likely be the cost of staff.time. Community Services Director Sapp explained that there was discussion of the City helping to promote the event. He emphasized the Chamber's willingness to share their 6% proceeds from the event. He suggested that $1,000 might be the cap for the amount to be spent on the event promotions. Councilwoman-Cherveny noted that this is an "alcohol- driven" event, and expressed concern with the location, traffic problems and disturbances to residents in the area. She stressed the point that this activity would be occurring for four weekends in a row. Mayor Washburn questioned the site choice. Community Services Director Sapp indicated that the site choice had been considered by O'Conner Foods, and this was their first choice and the primary site considered. He indicated that he was not aware of interest in any other sites. Mayor Washburn indicated that he thought this event was a good idea it properly mitigated. Councilwoman Cherveny questioned the possibility of using the airport location. Mayor Washburn indicated that it might not be proper timing with the existing water problems at the airport. Councilwoman Cherveny inquired whether the Chamber-would be responsible for all permits including A.B.C. license. Tom Hundshamer, President, Chamber of Commerce indicated that the promoter had looked at another site outside City limits, near Highway 74 and the freeway however it had similar problems to the Rodeo site. AGENDA ITEM NO. ' PAGE3—L�- OF-LAO PAGE THIRTY -FIVE — CITY COUNCIL MINUTES­ MAY 25 #- 1993 . Mayor.Washburn inquired, whether the participants would be open to other locations. Mr. Hundshamer . indicated- they.. would, if there was adequate power and water on site and room for the tent. He noted that the Rodeo grounds have water and power and are freeway close Mayor Washburn suggested that staff work with -the Chamber to consider other sites. Mr. Hundshamer stressed the requirements placed on the alcohol licensee with regard to keeping alcohol on site only. Councilman Alongi noted that the Rodeo grounds are in his neighborhood and indicated that he could support the activity, but not at this location. He stressed that this location is in a.residential area. He noted the reference to "bouncer" type security guards and indicated that this would suggest the potential for problems. He questioned the ability to mitigate and control the concerns and their impact on the neighborhood. Mayor Pro Tem Dominguez indicated that he would have no problem with the location, but would want to see a cap placed on the.cost of advertising. Councilman.Winkler indicated that he -does not share the.same- concerns with regard to the location. He stressed the other continuing events at this location such as the Rodeo which also includes alcohol. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE, STAFF RECOMMENDATIONS AND ACCEPT THE CHAMBER INVITATION,AS A COSPONSOR AND SHARE IN SOME OF THE ADVERTISING COSTS NOT TO EXCEED $1,000. Councilman Alongi stressed that Councilman. Winkler does not .live in this area and the rodeo doesn "t,.go until 1 a.m._,.as this .event does. He indicated that the Chamber might control the traffic effectively, but not at night when -the event is over. He stressed the impact of this event on the neighborhood. Mayor Pro Tem Dominguez stressed the City's efforts to promote ,events for tourism, and - the need to evaluate each event individually.. Mayor Washburn questioned the motion and whether it was for only the one location. He suggested pursuit -of an alternate location near highway 74 and Central as there would not be the same problems. Councilman Winkler indicated that the motion allowed room for change of the site. THE FOREGOING MOTION WAS AMENDED WITH CONCURRENCE OF THE SECOND TO LOOK.AT ALTERNATIVE SITES FOR.THE EVENT. Mr. Hundshamer inquired - whether the -City would assist him-in :finding other locations) City Manager Molendyk indicated that the City would want to assist to make the event successful. He noted. the Autumnfest started at the airport last year and suggested.that this might AGENDA ITEM, NO. PAGE OF 4 PAGE THIRTY -SIX - CITY COUNCIL MINUTES MAY 25, 1993 be an opportunity 'to expand the event. He indicated that staff would work with Mr. Hundshamer and return to Council if additional site consideration is needed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Mr. Hundshamer noted O'Connor Foods willingness and efforts to work with local vendors where possible. Mayor Washburn indicated that he felt this would be a good promotion for the Community. 36. Launch Ramp Acceptance and Consideration of Expanding Parkins. City Manager Molendyk detailed the facilities installed and the success of the facility to date. He noted that based on the- volume of use, additional parking is now needed. He indicated that this has been addressed with the property owner and he would agree to additional grading and striping of his property. He noted that this was anticipated to cost and additional $8,000. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ACCEPT THE COMPLETION OF THE BOAT LAUNCH FACILITY AND AUTHORIZE STAFF TO PROCEED WITH THE ADDITIONAL DUST CONTROL FOR THE BALANCE OF)THE BOAT TRAILER PARKING LOT, NOT TO EXCEED $8,000. Mayor Washburn inquired whether handicapped parking had been provided to boaters. Manager of Special Projects Watenpaugh indicated that signs have been ordered for the lot across the street, but potential additional spaces could-be provided on site. Councilman Alongi suggested that it might be necessary to exclude single cars from the lot. Mr: Watenpaugh indicated that the spaces along Lakeshore are intended for single cars, but it may be necessary to specifically sign those spaces. Councilman Alongi questioned the recommendation and the ability to combine City Council and Redevelopment Agency actions. He suggested that the Redevelopment Agency consideration be deferred to that time in the meeting. City Attorney Harper indicated that this consideration would be adequate subject to Redevelopment Agency concurrence. Councilwoman Cherveny indicated that she had a problem with the project based on her understanding of the Operating Agreement for the ramp, as well as the construction of the launch ramp without going before Council. She indicated by her reading of the agreement, the City would never own the ramp, or generate any fees. She questioned the arrangement for ownership and operation by the State. City Attorney Harper clarified that the facility' will be. transferred back to the State. He noted the existing concession agreement and clarified that this ramp could remain in operation until the LERA Inc. facility .begins operation again. Councilwoman Cherveny inquired whether $114,000 had been spent for a "temporary" launch ramp. . AQENDA ITEMNO, � PAGE 3 LLLL n OFD PAGE THIRTY -SEVEN -.CITY COUNCIL MINUTES - MAY 25# 1993 City Attorney Harper explained the conditions under which this facility could continue to operate, as well as being moved-to other locations. He clarified that the staff report states that there will be up to $200,000 in revenues transferred to the City with the lake, from this facility. City Manager Molendyk noted .a study .showing that the concessionaire could not handle enough capacity, and the original general plan for the lake included an additional ramp at approximately this location. City Attorney Harper further clarified that even if the lake had never transferred, the concessionaire agreement only prohibits additional "concessionaires!', not facilities. Councilman Alongi questioned the impact of this discussion on the portion of the transfer agreement which states that the City will assume the concession agreement. City Attorney Harper concurred. that the City will assume the concession agreement, however that may not preclude continued operation at this location. City Manager Molendyk further clarified that it could not open with .another concessionaire, but the City could operate the additional facility. THE FOREGOING MOTION CARRIED BY A VOTE, OF 3 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI ABSTAINING. 37. Rate Increase for Refuse Collection. Recycling and Disposal. City Manager Molendyk noted that this would be a pass -thru of the increase in tipping fees. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO CONFIRM THE APPLICATION OF NEW RATES FOR REFUSE PICK -UP, RECYCLING AND DISPOSAL EFFECTIVE JULY 1, 1993. Councilwoman.Cherveny inquired what the amount of'fees being generated for the City. David Fahrion, representing CR & R, indicated that to date only the first quarters fees have been paid at a rate of approximately $35,000. Councilwoman Cherveny Recycling Facility. information had been further review.soon. questioned the status of the Material Mr. Fahrion indicated that additional requested and it should return for Councilwoman Cherveny inquired why the project had been denied.. in Perris. Mr. Fahrion indicated that they did not have five councilmembers present at the first vote, but it will be returning on June lst for another vote. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 38.., Discussion of Planning Commission Appointments: Councilman Alongi indicated that this item was not properly worded, however, his intent was to suggest that this process be altered to allow each elected official appoint a member to the Planning Commission. He stressed the importance of the Council being equally represented on the Planning Commission, particularly since the Mayor is not directly elected and only AGENDA ITEM 140. ' PAGEaJ- OF� PAGE THIRTY -EIGHT - CITY COUNCIL MINUTES - MAY 251 1993 holds the ceremonious title. He suggested that this would give more flavor to the Planning Commission. Mayor Washburn noted that this would suggest a change in the existing ordinance. Mayor Pro Tem Dominguez commented that this was informational only. Councilman Alongi indicated that he was looking for Council's approval. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM INDEFINITELY. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Jackson Helton, 33102 Lime Street, indicated that he had sent a letter to Council on approximately March 20th, with no response. He indicated that he was interested in the rezoning of the Franklin Street area, particularly in the 500 block. He explained that he plans to build a mixed use building at that location. He requested that his zoning be „granted. Mayor Washburn referred Mr. Helton to City Planner Leslie for assistance. Edith Stafford, 54 Elm Street, read part of a letter from Penny Baker, addressing the construction of the Boat Launch Ramp and indicating that the State could have built this facility. She suggested that the Mayor had'been involved in the selection of the contractors for this project and the reason this project had not been included in the capital improvement project list prior to its construction. Chris Hyland, 15191 Wavecrest, addressed Sandy Everett's recent comments and suggested that Councilwoman Cherveny had a right to sue the balance of the Council. She questioned the existence of witnesses as stated by City Treasurer Pape. She indicated that she believes many of the comments in relationship to political signs have been slanderous against Mrs. Cherveny. She assumed that signs had also been sent to the Mayor for outdated Estes signs and questioned whether he holds a current business license. Kevin Jeffries, commented on the State budget discussions and encouraged residents and Council to communicate with other elected officials. He stressed the current effort to take all property taxes away from local governments and suggested that Council take a position on this legislative action and write to appropriate legislators. Mayor Washburn addressed Senior Citizens, who have written to him recently and indicated that the Senior trips have not been cancelled, however the number of trips has been reduced. He indicated that plans are underway for trips in August and - December of this year. CITY MANAGER' COMMENTS None. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on the following: AGENDA ITEM NO. 1 PAGE OFtb_ PAGE THIRTY -NINE - CITY COUNCIL MINUTES - MAY 25# 1993 1) Senior Citizen trips are continuing and the program has in fact not been cancelled. 2)::: Encouraged attendance and participation in the Frontier Days Rodeo. 3) Questioned the status. of :the. Little League programs, noting a memo.indicating the Wooden Bat League would be using the baseball field form.June 6 thru August 1. She expressed concern with limiting use by County children, but allowing outside leagues to use the fields. 4) Addressed.a memo from Edwards Cinemas, questioned efforts to proceed and whether staff was working with them. City Manager Molendyk advised that staff is still working with them. 5) Questioned the. status of the RDA loan.,to R.E.W.S., suggesting that an arrangement be made for payment. She expressed concern that nothing is occurring currently and a precedence is being set. , _ , 6)- Detailed the signs removed by Code Enforcement and City Staff. 7).. Encouraged City Attorney Harper to draft an ordinance for consideration to make provisions for new homes to assist with public safety, in' the cfuture. She-suggested that even the first year-of development would help. Councilman Winkler commented.on the following: 1)- Addressed comments of Kevin Jeffries regarding the State budget and its impact locally. He agreed with the concerns and felt Council should adopt a .Resolution stating the City's position, to help protect services to residents. 2) Development occurring in the Centex tract and surrounding area. He thanked staff for working toward this quality of development . 3) Expressed concern with wooden fencing and noted specific areas of concern on Railroad Canyon Road as well as Summerhill Drive. 4) Comments at this meeting regarding use of ball fields, indicating they were inaccurate. Councilman Alongi commented on the following: 1) Concern with privacy of homes discussed regarding the Cape of Good Hope project and explained the limitations with regard to what the Council can do to resolve. 2) Expressed concern with the "not in my back yard" attitude. He stressed the need to assure that activities _ are appropriate to the area proposed.. 3) Appointments to the Planning Commission. Stressed the potential for change of direction and stressed the importance of the Council and Planning Commission being comprised of different ideas and approaches. AGENDA ITEM b NO. - I , PAGE 26 OF 14 Q PAGE FORTY - CITY COUNCIL MINUTES - MAY 25v 1993' 4) Segregating, of little league children. Stressed past efforts to provide parks in each development and concerns with a development. in Wildomar being build with no parks'. 5) The Sun Tribune expressed concern with the items chosen to report on and suggested more appropriate topics which -could have been addressed. He indicated the level of disservice to the Community. Mayor Pro Tam Dominguez commented on the following: 1) Thanked Council for its recognition of Pacific Clay and stressed the contributions of this- business to the Community. 2) Expressed concern with the three recent drownings in the Lake and encouraged everyone• to be more careful particularly with children near the lake. Mayor Washburn commented on the following: 1) Concurred that caution must be used to avoid dangers on the Lake. 2)_ Addressed the concerns raised by Mr. Jeffries on the State budget and? indicated that. the League and Assemblyman Haynes are addressing concerns with the proposals. He stressed the impact of funds being shifted away from the cities. He suggested consideration of a resolution at the next Council meeting. 3) Mr. Newell's comments regarding the new Lake Elsinore and changes for the improvement of the community in spite of malcontents. He stressed the emergence of a new community and atmosphere, and the efforts to move forward. CLOSED SESSION` None. ADJOURNMENT The Regular City Council Meeting was adjourned at 9:35 p.m. ATTEST: VICKI'KASAD, CITY CLERK CITY OF LAKE ELSINORE GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NO. PAGE OF LA Q