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HomeMy WebLinkAboutItem No. 1CMINUTES REGULAR CITY COUNCIL MEETING "CITY OF LAKE ELSINORE ' 31315 CHANEY STREET _LAKE ELSINORE, CALIFORNIA TUESDAYP MARCH 9; 1993 t ttttaaarratttaaaaaaaaaaattttaaaaaatt •taaaattttatttttatttttttt *ta City Manager Molendyk..announced that today had been the annual Students in Government Day with 'approximately 45 students participating and introduced Student Mayor Molly Lopez. CALL TO ORDER The Regular City Council Meeting was called to order by Student Mayor Lopez at 7:07 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Student Mayor Lopez. ROLL CALL PRESENT: STUDENT COUNCILMEMBERS: DEL REAL, PALO, RAMIREZ, WESTON, LOPEZ A. Presentation - Rebo t on Student Government Day. Student Mayor" Lopez commented on the dayfs activities 'and thanked the City officials for their time. She further commented on their discussion of graffiti and recommendation that persons under is be prohibited from purchasing spray cans. She advised that punishments and rewards were also discussed in connection with this issue. City Manager Molendyk noted that the fines suggested byfthe students were quite severe. Student Mayor Lopez explained that they had proposed that' the first offense . be a fine of . $1, 000 plus time commitment',' to Community Service ;'second offense fine of $2,000 with double -the Community Service and third offense a fine of $3,000 with triple the Community.,Service:.'She noted that the'students - had recommended use of We Tip for reporting'crimes. Student Mayor Lopez also- commented on specific items on the Agenda.including,the Street Faire on March 27, recommending that the •promotor be required to pay for porta potties and all other related expenses and open'the fair to other than antique dealers for more variety. Regarding Walmart, most students felt it was a good idea, but understood the concerns of the small businesses; she noted that it would be local whether inside or outside the City, limits. Regarding the Structure Abatement Program, recommended that the work be done with a lien on the property to recover costs. Regarding graffiti program, need to enforce the rules heavily to resolve problem. Student Mayo r.Pro Tem Weston supported the proposed graffiti ordinance and stressed; the impact, graffiti has on 'the community and potential residents. He suggested that ''the street faire be self sufficient. He supported the abatement program and the Walmart project, noting the gain in sales tax, jobs for young people variety and a draw for tourism. AGUZNZA ITEM NO. r/ PAGE TWO - CITY COUNCIL MINUTES - MARCH 9, 1993 Student Councilmember Anastacio Del Real supported the abatement program noting that it 'would help to beautify the City. He disagreed with the provision in the Graffiti Ordinance which requires that the victim remove graffiti within 24 hours. He stressed the need for residents to assist by reporting graffiti. City Manager Molendyk commented that the students had done an outstanding job and asked many good questions. He noted that this was the first year with two high schools participating. He thanked the students and the Council for . their participation. Student Mayor Lopez thanked the Council and City staff for the day. ROLL CALL 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 Christen, 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 B. Presentation - CR & R Logo Contest. Lori Martin, representing CR & R thanked Council for the opportunity to announce the upcoming Logo Contest. She explained that the winning entry will become the design for the new recycling program. She explained the eligibility and requirements.for the contests and the prizes which will be awarded on April 27, 1993. She noted that 3,000 fliers would be distributed and noted locations they would be available. City Manager Molendyk stressed that the winning entry would be used on trash bins and trucks for the City. Ms. Martin advised that in addition to having the winning logo used for the recycling program, savings bonds of $100,'$50 and $25 would be presented. She recommended possible themes including environmental, recycling, keep the City clean, etc. and suggested inclusion of a slogan with the drawing. C. Presentation - Lake Update. City Manager Molendyk commented on the Outflow channel and the break in storms.. Public Services Director Tecca advised that the Lake was currently at 1257.8 with an anticipated high of 1260f. He noted that since the water has slowed to approximately 1/2 inch per day that estimate had been lowered to 1258 -1/21. He Cli A(3EICA 1-1 PAGE THREE - CITY COUNCIL MINUTES - MARCH 9, 1993 explained the Lake and Outflow Channel configuration and elevations. He explained the redirecting of water at Collier Avenue and noted the placement of sandbags which was done'in January to direct water away from the Lake. He further explained that digging the channel deeper would not help as it would prevent the water from flowing.. He noted the area the Corps of Engineers does not intend to address beyond Highway 74. He explained that pumping down the Lake has been investigated and the Flood Control District concurred thati,it would need to be drawn down to facilitate the outflow channel project, as well as to stimulate activities for'the summer, and allow for the Lakeshore Drive Bridge project. He noted that pumping is a very costly process and indicated the County Disaster Office is investigating possible funding for the .pumping. City Manager Molendyk noted that based on a meeting with the Flood Control District on March. Sth, "they would be looking '. at taking the Lake down to 1254' to, improve the storage capacity. Mr. Tecca stressed that funding is currently the problem." D. Proclamation = Sheriff's Department - Citizen Commendation. Mayor Washburn called Mr. Wyman to the podium and 'read and presented the proclamation to him. He thanked Mr. Wyman for his service to the community. Mr. Wyman thanked the Council for this recognition and detailed other recognitions for this action." E. Proclamation - Homicide Task Force. Mayor Washburn commented on the efforts of this Task Force'in apprehending the serial killer suspect and presented those present with proclamations, including: Lt. Al Hearn; John Davis, Dave Fontneau, Nancy Berner, Mason Yeo, Dan Miller, Ted Hoffman, Rene Rodriguez, David Shuck, Jeff Bostrom. Not present for presentation were Robert Joseph, John Harper, Carl Carter, Bob Creed and Ruth Duncan. ` Lt. Hearn commented on the efforts of this Task Force and thanked the City Council for the recognition. He noted that the 'Task Force functioned from March 1991 through April, '1992, with over 16,000 hours of regular time and 2,000 of overtime in a number of states throughout; the country. PUBLIC COMMENTS - AGENDIZED ITEMS'' A request was received to address the following item: Item No. 36. CONSENT CALENDAR. The following items were pulled from the Consent Calendar for further discussion and consideration:' Item No. 5, 6, 8.b. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. /. (7 AGEN -1A ITEiv N-- FfiC� � GFa'r" PAGE FOUR - CITY COUNCIL MINUTES - MARCH 9, 1993 1. The following Minutes were approved: a. City Council /Redevelopment Agency Joint Work Session - February 16., 1993. b. Regular City Council Meeting - February 23, 1993: The following Minutes were received and ordered filed: c. Planning Commission Minutes - February 17, 1993. 2. Received and ordered filed Building Activity Report for February, 1993. 3. Received and ordered filed the Code Enforcement Activity Report for February, 1993. 4. Received and ordered filed the Investment Report for January 31, 1993. 7. Approved Final Tract Map 24624 and 24624 -8 for Centex Real Estate Corporation; authorized execution and recordation of the related documents. 8. Approved Public Hearing Date of March 23, 1993, for the following: a. General Plan Amendment 92 -5 and Zone Change 92 -4 - Halloran & Associates - located North of the intersection of Interstate 15 and Lake Street. ITEMS PULLED FROM THE CONSENT CALENDAR 5. Warrant Lists a. February 26. 1993. b. March 1. 1993. Councilwoman Cherveny noted that the warrant issued to Bank of America in the amount of $33,000 was for debt service. She questioned the warrant to Project Dimensions in the amount of $29,636.00. Administrative Services Director Boone explained that it was for work being done on future alignment and widening of Highway 74. He further explained that this money is from developer deposits from the projects in that area. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 6. Donation of Property to the City - Lakeshore Drive near Lawrence - Estate of John Robinson. Councilwoman Cherveny explained this item and the location of the property, and thanked the estate for its contribution. MOVED BY CHERVENY, SECONDED BY WASHBURN TO ACCEPT THIS DONATION OF PROPERTY. i AGE14DA ITEIM N-0 Pr.:E Gi =�� PAGE FIVE - CITY COUNCIL MINUTES - MARCH 9, 1993 Mayor Washburn noted that he has spoken with Ray Wood who will be finding out the reason for this contribution. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 8. Set Public Hearing Date of March 23, 1993, for the following: b. General Plan Amendment 92 -3 - City of Lake Elsinore - relating to the Historic Downtown Land Use Plan - Area bounded to the north by Collier Avenue and Interstate 15, to the south by' Lakeshore, Drive, the west by Chaney Street, and the east by Grove Avenue, Conklin Avenue and Rupard Street. Councilman Alongi advised that he pulled this item because he needs more information as to why this area his been extended as far as Chaney Street, as there is nothing historical that far out. He suggested that the boundary be brought back to Langstaff. Mayor Washburn suggested that this would be better addressed at the public hearing. Mayor Pro Tem Dominguez noted that this used to be the City Limits. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVED PUBLIC HEARING DATE OF MARCH 23, 1993 FOR THE ABOVE NOTED TOPIC. PUBLIC HEARINGS 21. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS ITEM TO THE REDEVELOPMENT AGENCY MEETING TIME. BUSINESS ITEMS 31. Ordinance No. 950 - City Manager Molendyk explained this item and noted the input received from the students At Student Government Day activities. He also noted that copies of similar ordinance from Temecula and Moreno Valley were provided for Council's. information. City Attorney Harper commented on the proposed ordinance noting that the key to the effectiveness of it is the enforcement tied to that ordinance, stressing the need for a comprehensive enforcement program. He noted that the effectiveness of.the program in Moreno Valley is very much impacted by a willingness from the Courts to. uphold the enforcement actions taken there. City Manager Molendyk requested clarification as to whether this address_ graffiti inside as well as outside. City Attorney Harper explained that it could encompass both. ' AGENDA ITEM PACE OF,� PAGE SIX - CITY COUNCIL MINUTES - MARCH 9, 1993 Mayor Washburn requested that the Ordinance be read in full. City Attorney Harper read the ordinance and explained that it can currently be addressed under the nuisance abatement program. He further explained that a number of cities have set rewards up to $1,000. Councilwoman Cherveny commented that the City has spent a great deal of money on graffiti abatement, approximately $35,000 per year for the last two years and the requested budget for next year will be $50,000. She suggested that the ordinance should be tougher to include fines, etc. City Attorney Harper advised that setting the fines by resolution would allow more flexibility. Councilwoman Cherveny suggested fines of $250, $500 and $1,000. She expressed concern that the 24 hour removal clause might be burdensome on the victims of graffiti and suggested an allowance for 5 to 10 days. City Attorney Harper noted that the fines are not assessed through City Hall. Councilman Alongi commented that he doesn't understand the 24 hour removal requirement. City Attorney Harper clarified that it sets a point in time at which the graffiti becomes illegal. Mr. Alongi further commented that the ordinance appears to make the biggest burden on the commercial business owners. He stressed that there might be "legitimate" uses for spray paint can by "good" kids. Mayor Pro Tem Dominguez expressed concern with the sections pertaining to removal of graffiti and suggested that the strongest emphasis be placed on absentee landlords. He also suggested use of the We -Tip line for reporting the crime of graffiti. , City Attorney Harper clarified that the owners or residents are contacted for removal of the graffiti, but the unoccupied ,properties can only be addressed through nuisance abatement. Councilwoman Cherveny suggested that this be changed to owner or designated agent. Mr. Harper stressed the difficulty in making contact for approval. Councilman Winkler questioned the ability to prohibit sales of spray paint cans to people under 18 years old; and the likelihood of successful enforcement. City Attorney Harper explained that this enforcement would be similar to the efforts to control liquor laws. Councilwoman Cherveny further questioned the ability to place penalties in the ordinance. City Attorney Harper clarified that this offense would be a misdemeanor and the City does not control the fines or payment required. Mayor Washburn commented on the existing program in Riverside and the cooperation with locations of paint cans. He further commented that those retailers are trying to abide by the laws. He suggested that it would be necessary to set up a program to get the word out. MOVED BY CHERVENY, SECONDED BY WINKLER TO DIRECT THE CITY ATTORNEY TO INCLUDE VERBIAGE REGARDING INDIVIDUALS OVER 18 BUYING SPRAY CANS FOR MINORS, INCLUDING CRIMINAL PENALTIES OF UP TO $50,000 FINE AND SPECIFICALLY REWORDING INDIVIDUALS FOR TURNING IN OR CONVICTION OF OFFENDERS AND RETURN IN TWO WEEKS FOR COUNCIL CONSIDERATION. tiGcti7 ?.ITEM, N,0- /,.�.i P: r�OF�1 PAGE SEVEN = CITY COUNCIL MINUTES -- .MARCH,9; 1993 City Attorney Harper .questioned the proposed rewards. Councilwoman Cherveny suggested fines of $100 to $1,000. Mayor Pro Tem Dominguez questioned the possibility of tieing this program with the We Tip Program.-.. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. Project Status Report - Public Works Proiects. 33. Public Services Director Tecca provided an update on a number of Public Works Projects around the City including: Lakeshore Drive Bridge, San Jacinto River .Channel,- Miscellaneous Drainage Facilities, Main Street at Sulphur Street Decontamination, Lakeshore - Drive and Robb Road Decontamination, Senior.Center Improvements, Flint Street at Yarborough Park & iMa in, Street/ Pottery Street, Graham Avenue Landscape Improvements, Thrie Beam Barrier, Asphalt Rubber Chip Seal; Curb, Gutter, Sidewalks Replacement Project; Lakeshore Drive Storm Drain;.Grand Avenue and Lincoln .Street Surface Improvements, Mission Trail Rehabilitation; Landscaping for Presidential tract; and Collier Avenue Wetlands Mitigation. Councilwoman Cherveny questioned the completion of Mission Trail and any associated penalty clauses. Mr. Tecca indicated the penalty clauses. would apply if the project is not substantially complete in a normal time frame.. He noted that 50% of the payment due is being withheld until testing is complete. Councilwoman Cherveny questioned 4f the contractor refused to correct the problem, how long before we could proceed. Mr. Tecca advised that any problems should be resolved in a week or two. City Manager.Moleridyk detailed the previous approvals for this project. Councilman Alongi expressed.; concern with this extension of time and questioned the ability to require that the, developer include any new building requirements, such as handicap access in the project. City Attorney. Harper explained -that the building code in effect at the time the project is built would be a requirement. Councilman Alongi questioned the 24 month period rather than the 12 month on other projects. City .Planner Christen advised that this is an attempt to work with the current State of the economy and allow more flexibility. Councilwoman Cherveny indicated she would like to amend Condition 150 to include facilities and equipment to support community based policing in an amount up to $100,000. Larry Buxton, representing the.applicant, indicated that the was not sure he understood this request and noted that.to date they have accepted.the 81 conditions of:approval 171V PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 9, 1993 Councilwoman Cherveny commented that she was not asking for a Sheriff State. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO GRANT THE TWENTY FOUR MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP 25487 TO FEBRUARY 12, 1995, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Substantial progress toward the development of this Tract Map has taken place. 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3. The project as proposed and conditioned is consistent with the Goals, Policies, and Objectives or the General Plan. PLANNING DIVISION CONDITIONS 1. Tentative Tract Map 25487 Revised 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 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. Signage for this subdivision shall require City Permits. 4. The City's 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 of the subdivision 7. On the final grading plan, the subdivider shall indicate that single - family dwelling units can be sited on Lots 1 through 171 as approved by Design Review for the project. 8. Applicant shall bond for grading for subject development as required by the City Engineer and Chief Building Official. a) Bonding may be done by phases. 9. Pay all applicable fees in force at time of issuance of building permits. 10. Prior to final tract map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R -1 Zoning District. AGENDA ITEM NO /f C' FACE-2-.- Q -ZL PAGE NINE - CITY COUNCIL MINUTES - MARCH 9p 1993 11. Bond for drip or sprinkler irrigation system for common areas that require maintained landscaping. 12. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 13. Comply with all conditions of the Riverside County Fire Department. 14. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Community Development Director. 15. Applicant must meet all requirements of Elsinore Valley -Municipal Water District (EVMWD). 16. 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 EVMWD. 17. Meet all requirements of Southern California Edison Company. 15.. Meet all. requirements of Southern Calif ornia. Gas, Company. 19. Meet all requirements of General Telephone. 20. All trailers need during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation., 21. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract /Parcel Map. 22. The developer shall establish ea homeowners association to manage and impose fees to maintain all slope or common areas, open space,.private drainage facilities and any 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 who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CR & 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. 23. Applicant shall submit and receive approval from the Community Development Director for landscape and irrigation plans for model homes (Xeriscape and signage to be provided for one model home, 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. AGENDA iTE ". NO. l ` FAQ- �. PAGE TEN - CITY COUNCIL MINUTES - MARCH 9, 1993 24. 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 any ground base dish and no roof - mounted or front yard dish shall be allowed. CC & R's shall be subject to the approval of the Community Development Director and City Attorney, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 25. 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. 26. A decorative block, masonry or combination of masonry /wrought iron wall shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 27. Prior to the first Certificate of Occupancy for Lots 1- 35, a combination masonry /wrought iron wall shall be provided subject to the approval of the Community Development Director or his designee. 28. 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 recommendations will be required for grading permit approval , and all grading must meet the City's Grading Ordinance, subject to approval of the Chief Building Official and the Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material an labor for one (1) year for erosion control landscaping at the time the site is rough graded. 29. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 17.82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 30. 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. AGENDA ITEM «O. e.. PAC_- PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 9p 1993 31. Submit a comprehensive Soils and Geology Report and grading plan.' Analysis of impacts of fills and cuts greater than sixty -feet (601) shall be provided. Submit details of grading plane phasing and erosion control measures.. 32. Finished slopes shall not exceed 2:1. 33. Prior to commencement of any grading or construction on- site, a Section 1600 permit shall be obtained from State Fish and Game for the removal of the natural water course. 34. All project mitigation measures, listed within the Addendum of Negative Declaration 89 -56 Revised, shall be incorporated into project design and development. 35. Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire - breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate,'of Occupancy. 36. Comply with the following environmental Mitigation Measures as stated in the Mitigated Negative Declaration. 37. The precise grading plan shall unnecessary grading and shall take 'topography as much as possible. 38. The final map shall indicate that the 59, 60, 61, and areas indicated on 7 25487 Revised as Code "B" shall be homeowners association. attempt" to avoid advantage of the slopes on Lots 58, entative Tract Map maintained by the 39. Reinforced barriers and /or walls and landscape treatment shall be installed at cul -de -sac points where downslope erosion hazards may exist at the end of cul -de -sacs, subject to City Engineer approval. 40. The final grading plans shall indicate that all corner lots shall be graded to ensure driveway approaches are least hazardous and driveways are placed on neighborhood street where possible. Lots 62 and 85 driveway to go to "B" Street; Lots 129 and 148 driveway to go to "G" Street; Lots 16 and 150 driveways to go to "F" Street, and Lots 127 and 113 driveway to -go to "H" Street. ENGINEERING DEPARTMENT CONDITIONS 41. 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. 42. Dedicate underground water rights to the City (Municipal Code). 43. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85- 26). AGENDA fT:.CM ! � //.:0. PAGE TWELVE - CITY COUNCIL MINUTES - MARCH 9p 1993 44. 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. 45. 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. 46. 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). 47. 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). 48. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 49. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) shall a the responsibility of the property owner or his agent. 50. Provide fire protection facilities as required in writing by Riverside County Fire Department. 51. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 52. 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, subject to City Engineer approval. 53. All drainage facilities in. this tract shall be constructed to Riverside County Flood Control District Standards. 54. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protection. 55. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 56. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certifications. 57. 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. AGENDA t i E ^ -', NO. PpGc f 'S OF PAGE THIRTEEN - CITY'COONCIL MINUTES - MARCH 9l, ­ 1993 58. All tract and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate 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.. 59. Developer shall provide No Parking and Street Sweeping signs for streets within 'tract or pay a fee for installation by the City. 60. Developer shall install bluereflective pavement markers in the street at all Fire hydrant.locations:' 61. 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" three foot (31) utility easement on each side. 62. Desirable grade for local streets is nine percent (9%). The maximum grade of fifteen percent (15%_ should only be used because of design constraints. 63. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 647 Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 65. "D". "J ". "Third ", "H" and "E" Streets shall be provided with interim turnarounds subject to the approval of the City Engineer and as recommended by the Riverside County Fire Department. 66. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 67. Minimum horizontal curb radius for secondary streets shall be 1,000 feet. 68. Applicant shall meet requirements of utility agency letter from M.E.N. and Associates dated September ,l, 1990 prior to final map approval, subject to review and approval of utility agency and City Engineer. 69. 'IF" Street shall be designed and constructed to connect to Ramsgate Drive or Third Street shall be designed and constructed to connect to Conard Drive. "A" Street shall be designed and constructed to connect to Elsinore Hills Road "and Elsinore Hills Road shall be designed and constructed to connect to Ramsgate Drive or Elsinore Ridge Road. 70. Applicant shall participate in an Assessment District for the design and construction of °Wasson Canyon circulation system. If an Assessment District is not formed, this applicant will be responsible for providing two (2) paved AGENDA ITEM NO, ��jj.. `� PAGE OF PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 9, 1993 access roads to his tract as approved by the City Engineer. 71. Applicant shall contribute ten percent (108) towards the cost of design and construction of the traffic signals for Highway 74 and Ramsgate Drive, per the circulation recommendation by the traffic study for Tract 25171 by Kurzman Associates. 72. A portion of Tract 25487 lies within an area which is part of the Hydrology Study for the Ramsgate project. The applicant shall coordinate with said study and construct facilities required to safely collect and convey off =site tributary flows through the site by a method approved by the City Engineer. 73. The Geology Report submitted for the subdivision shall include : A) Identification of all faults to define potential hazards. including the Glen Ivy fault. B) Stability of manmade slopes under either static or dynamic conditions, and C) Differential settlement of engineered fills of significant thickness, as determined by geologist or geologist report. 74. A lot line adjustment shall be processed and recorded for the proposed tract boundary prior to final map being approved by City Council. 75. Five foot (51) landscaped slope maintenance easements shall be dedicated to individual property owners or a homeowners association, subject to the Community DEvelopment Director's approval. 76. All existing utility easements through tract which interfere with development shall be relinquished prior to final map approval. 77. 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. 78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 79. 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. 80. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control for Natural Pollutants Discharge Permit prior to issuance of grading permits. 81. If the Tentative Map is to be processed as a phased map, then a construction schedule for public improvements (including utilities) shall be submitted and approved by the City Engineer prior to the first final approval. AGENDA ITEM NO.. pAGE_4�OF PAGE FIFTEEN - CITY COUNCIL MINUTES - ,MARCH 9, 1993 34. City Manager Molendyk explained that the cost of Railroad Canyon Road Improvement had been advanced by Pardee Construction and this District is proposed,for, recovery of costs, by assessing property within the project.. He further explained that it is his understanding that this will provide the necessary capital to begin development of the project.. -City Attorney Harper explained that the City is. obligated to form this district through the Development Agreement. He also explained that this action will ,start the process for the public hearing. City Manager Molendyk inquired whether this action will allow Pardee to finish the necessary work to allow for landscaping of the median on Railroad Canyon Road. Mike Magee,' representing Pardee, explained the terms of the agreement for the first phase of the improvements and the costs associated. He stressed that Pardee was obligated for $9 million and had already spend $10 million. He noted that the water tank, landscaping and "irrigation are still pending. He suggested that this advance could help them proceed more quickly. Councilwoman Cherveny inquired whether it would be possible to condition the $13 million Assessment. District on the water tank for reclaimed water. City Attorney Harper advised that it was not, because this action is_ really allowing the City to formally acquire Railroad CAnyon "Road., He stressed that Pardee has already paid and this action shifts the. debt to their property. Councilwoman Cherveny inquired if it would be possible to landscape without the reclaimed water. Staff indicated it would not be possible. Mr. Magee noted that this would be an opportunity to proceed to complete the work, however the Water District has not yet been able to guarantee the availability of reclaimed water. City Attorney Harper clarified that there are three separate documents addressing this project and the concerns raised being the Assessment District, the Development Agreement and -the Specific Plan. Councilwoman Cherveny inquired = whether insurance that conditions will be met could be imposed on this consideration. City Attorney Harper advised that there are -no provisions to condition an assessment district. Councilwoman Cherveny-suggested that it might-be appropriate to continue this item until the conditions of the Development Agreement are.met. City Attorney Harper clarified that the conditions of the Development Agreement have been met -and exceeded. Councilwoman Cherveny requested clarification as to whether AGENDA ITE'M4 NO. PA ,E.- PAGE SIXTEEN - CITY COUNCIL MINUTES - MARCH 98 1993. they were obligated for the water tank. CityAttorney Harper advised that they were not, however, Pardee is not the only developer involved. He explained the "fair share" split of costs, which is presently waiting for the development to occur. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 93 -8 THROUGH 93 -11. RESOLUTION NO. 93 -8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE MAKING DESIGNATIONS AND APPOINTMENTS . TO FULFILL RESPONSIBILITIES AND PERFORM DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS. RESOLUTION NO. 93 -9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE SHOWING THE GENERAL NATURE, LOCATION AND EXTENT OF CERTAIN PUBLIC WORKS AND IMPROVEMENTS AND SHOWING THE PROPOSED BOUNDARIES OF THE AREA TO BE ASSESSED THEREFOR IN A SPECIAL ASSESSMENT DISTRICT. RESOLUTION NO. 93 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ORDER THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. RESOLUTION NO. 93 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE PASSING ON AND GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ENGINEER OF WORK AND APPOINTING A TIME AND PLACE FOR PUBLIC MEETING AND PUBLIC HEARING. 35. Street Faire - March 27. 1993. City Manager Molendyk highlighted the prior approval of this event which occurred for the first time on January 23rd with positive feedback. He noted that staff met with the organizer to address areas of concern and the modifications were included in the staff report. Rick Zwievel, 101 S. Main Street, commented that the Street Faire is a self sufficient event, with no requests for co- sponsorship. He advised that he was in agreement with the conditions requested by the Community Services Department except Condition #2 regarding security; he expressed concern that the five officer requirement was not discussed. He also expressed concern with Condition 14 requiring a City staff person. He stressed that he did everything required last time and the event was a success. Community Development Director Sapp explained that the AGENDA ITEM NO. PAGE SEVENTEEN - CITY COUNCIL MINUTES - ,MARCH 9j 1993 Sheriff's Department had indicated it would be more comfortable with deputies or private,security for this type of event. Councilman Alongi inquired what problems there had been with the first event. Mr. Sapp Indicated that he was not aware of any. Councilman Alongi stressed that this event is an.effort to draw people to the community. He indicated that if there had been problems last time he would have no problem with the security requirement. He stressed the need to reduce the costs for the applicant.. Mayor Washburn questioned the cost of security. Mr. Sapp advised that it would be approximately. $10- per hour /per officer. He also noted that the increased recommendation for the number of officers was based on the level of, participation anticipated for the event. Councilman Alongi commented that there.has not been security at the barricades for the Parades, and questioned whether it would be more advantageous to. have a Sheriff circulate and private people on the barricades. Mr. Sapp clarified that the applicant could have three private security for the price of one deputy. Councilman Winkler questioned the security used at the last event. Mr. Sapp clarified that private people with orange vests and walkie = talkies were utilized. Mr. Zwievel'indicated that the individuals were friend of his who were currently unemployed. He noted that there were also .2 officers from Price, Security.! He stressed that he had purchased the orange vests and walkie- talkies and if the new proposal for security is used that money is wasted. He also stressed the success of the last event and_Its boost for the business on Main street-in .general. Councilwoman Cherveny "commented on the requirements of. the first event, noting that there were no problems and it wasj,a good event. She further commented that the volunteers.were clearly identifiable.. She concurred with the need for porta potties, but expressed concern.:with the .expense of the security suggested. She also commented that she was ,sure the Sheriff's Department would advise the City of problems if they occur. She advised that she would support the two Price Security officers supplemented by .volunteers and the deletion of Condition #4 requiring a City staff member. City Manager Molendyk clarified that the conditions had been suggested based upon review with the Sheriff's Department, and if lesser requirements -•are set the promotor, would need to assume the liability. He-noted that if there are problems they can be addressed after the event. Mayor Washburn commented that he would see the City staff person to oversee and prevent liability problems and some of the follow -up items which were not done last time, such as removal of.barricades. AGENDA ITEM NO. ' PAGE OF� L PAGE EIGHTEEN - CITY COUNCIL MINUTES - MARCH 9# 1993 MOVED BY WINKLER, SECONDED BY CHERVENY TO APPROVE STAFF RECOMMENDATIONS WITH THE EXCEPTION OF CONDITION #2, WHICH WOULD BE CHANGED TO ALLOW FOR USE OF VOLUNTEERS. Councilman Winkler commented that the City staff person would be helpful in preventing liability. Mr. Zwievel accepted the change in the security arrangement as fair and advised that he will still have two Price Security people. Councilman Alongi questioned the security contemplated. Councilman Winkler indicated it was basically the same as last time. Councilwoman Cherveny noted that she had pursued this item further and thanked CR & R for their agreement to provide the dumpster and the street sweeping for this event at no cost. Mayor Washburn stressed the need for the volunteers to be identifiable for contact. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. C.D.B.G. Funding - 19th Year. City Manager Molendyk commented on the previous consideration of this item and the work session which followed. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ACCEPT STAFF RECOMMENDATIONS TO SUPPORT THOSE PROGRAMS SUPPORTED PREVIOUSLY AND NOT ADOPT ANY NEW PROGRAMS AND APPROVE THE FUNDING FROM THE 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AS OUTLINED; AND DIRECT STAFF TO FILE THE NECESSARY APPLICATIONS WITH THE RIVERSIDE ECONOMIC DEVELOPMENT AGENCY.. Don Butenshon, representing HOPE, commented on a recent HOPE Board Meeting and advised that if no other. arrangement was possible to receive the funding, they would not be able to accept this funding. He explained that the biggest problem would be allowing another agency to provide one of their functions in providing any screening or service other than referral as is done by the Sheriff's Department, schools, welfare agencies or churches. He expressed concern with possible legal ramifications and violation of recipient's privacy. City Manager Molendyk explained the information presented by Mr. Palmer at the work session and clarified that the City can only expect $17,000 for social services and the new criteria requires that no group be awarded less than $10,000. He stressed that this proposal was an attempt to assist the programs previously supported. He also clarified that this plan would see HOPE representatives doing their own screening. Community Services Director Sapp clarified that the Human Services Center secretary can provide referrals. Councilwoman Cherveny inquired how the funds are distributed. Mr. Sapp indicated that the application would list the Human AGENDA ITEN'; tic. --Z PAGEL-OF� PAGE NINETEEN - CITY COUNCIL MINUTES - MARCH 9,,. 1993, Services Center, however separate,agreements will exist with each group so the money is not channeled through the Human Services Center.. Councilwoman 'Cherveny further inquired whether the 'check would be- direct from the City to HOPE. Mr. Sapp confirmed that it would.be direct and the Human Services Center would have no control over HOPE. Councilman Winkler clarified that there was approximately $17,000 to allocate and the new requirement for $10,000 increments. He stressed the effort to provide for all three organizations, noting that from the study session this appears to be acceptable to the County. He requested clarification on the process for payment to HOPE. Mr. Sapp indicated that HOPE would submit documentation for reimbursement to the City and be reimbursed directly: . ,Councilman Winkler commented that he saw no other option to distribute the funds. He stressed that HOPE is an excellent program which is doing a good job for the community. He noted that he supported the original funding and would hope that the remaining concerns,could be resolved. Mayor Washburn commented on similar arrangements last year and concurred with the proposal for distribution of funds. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 "WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES.:; City Manager Molendyk advised that in connection with this item he had received a request from -Kevin Jeffries after the 'agenda was closed for.a Graffiti program on the other side of the Lake.° He explained that there had been difficulty in obtaining an appropriate sponsor.for the program to receive C.D.B.G..funding. Mayor Washburn suggested that this item be discussed under Council Comments. City Attorney, Harper indicated that it would still require a 4/5 the vote to place it on the agenda for discussion." Councilman Alongi inquired whether it could be discussed in.the C.D.B:G. section, listed on the agenda., City +Attorney Harper clarified that technically the vote on C:D.B.G: has been ..completed. MOVED BY CHERVENY, SECONDED BY WINKLER TO ADD CONSIDERATION OF SPONSORING THE COUNTY AREA REQUEST FOR> :A.GRAFFITI PROGRAM TO THIS AGENDA. 36.b. Sponsorship of "County Application, for a Graffiti Program. Kevin Jeffries explained that this.request is not for funding from the City, but.. a request' for sponsorship of the application - He further explained that this would allow them :to submit - application for First Supervisorial District C.D.B.G. funding. I I . Councilman Winkler inquired who would be doing the paperwork. Mr. Jeffries indicated that the .City would administer the program. = -Mr. Winkler questioned the processing. Mr. Jeffries advised that it would be the same as the City process, but the AGENDA ITEM NO_ /'. PAGE OF.� x PAGE TWENTY - CITY COUNCIL MINUTES - MARCH 9, 1993 funding would be handled at the Board of Supervisors hearing in June. Mr. Winkler inquired how much staff time would be necessary for the application process. Mr. Jeffries indicated that application is virtually complete now. Councilman Winkler questioned the likelihood of funding, what happens when the funding runs out and the feeling of the County residents toward City sponsorship. Mr. Jeffries indicated that the County residents saw the sponsorship as "better than nothing ". He noted that this problem affects the City as well as the County. Mayor Pro Tem Dominguez questioned the reflection on the City when the funding runs out. Mr. Jeffries concurred that this would be a down side. Mr. Dominguez questioned why the County would not facilitate this program for funding. Mr. Jeffries indicated that the County would like to fund the program, but doesn't want to become involved as a sponsor. City Attorney Harper explained that there were problems with allocating C.D.B.G. funds to themselves. Mayor Washburn expressed concern that some of the funding requested is not for administration and questioned the ability to recover administrative costs. City Manager Molendyk indicated that if this request is considered it would be suggested that the request be for $50,000 to address start up costs such as trucks and equipment. He suggested that further discussions would be necessary to address administrative costs and fulfillment of the contract. Councilman Alongi commented on S.O.K. and questioned their ability to apply as a non - profit corporation. Mr. Jeffries clarified the requirements for compliance. Mr. Alongi further questioned the possibility of S.O.K. managing these funds. Mr. Jeffries indicated that was a possibility, however, they are not identified as an acceptable organization for federal funding purposes. Councilman Alongi questioned the time frame for this sponsorship. Mr. Jeffries indicated that the submittal deadline is March 12th. Councilman Alongi expressed concern with starting this type of program and not having adequate funding to facilitate it. He further explained that he has difficulty with this item because of the difficult relations on the Lake -Edge Specific Plan. Mr. Jeffries indicated that if the request is not adequate more could be requested, but had concern with requesting too much. Manager of Special Projects Watenpaugh commented on the ability of the County to be involved in this request indicating that the County could fund this through one of its departments. He pointed out that one of the concerns they have is that they do not want to contract to provide services Which are currently not provided by the County. He stressed the ability for the County to do this type of program through Contract Administration. He further stressed that administrative costs are not recoverable through the program. Councilman Winkler commented on the problems and needs in that area and indicated he would not mind spending money to be a good neighbor and trying to.assist. AGENDA ITEMi NO..,/, �j;� / pAOEQfL OF PAGE TWENTY -ONE -CITY COUNCIL MINUTES -'MARCH 9,, 1993 MOVED BY WINKLER, SECONDED BY CHERVENY TO SPONSOR THE APPLICATION FOR THIS PROGRAM. Councilwoman Cherveny supported this program with the amendment to request $50,000. She stressed the need to do a good job and not run out of funds once the program is started. She suggested that this might be a first step toward partnership with the County residents. COUNCILWOMAN CHERVENY REQUESTED THAT THE MOTION BE AMENDED TO INCLUDE THE $501000 FIGURE, COUNCILMAN WINKLER'CONCURRED. Councilman Alongi questioned the cost 'of administering the program. Councilman Winkler further questioned the ability to recover administration costs." Staff advised that administration costs "'are not recoverable. Councilman Alongi further questioned the cost of administration. City Manager Molendyk indicated that it would be approximately 10$ of the program costs. Councilman Alongi expressed concern that everyone comes to the City for assistance, stressing that these are still City tax dollars. He stressed the responsibility for the City to supply services to its residents. He questioned why the Supervisor was not approached for assistance and stressed that there are other organizations capable of assisting. Councilwoman Cherveny commented that it is time to take credit for being `good neighbors, and felt this program was an important step She further commented that the City has wasted money on worse projects than assisting with the removal of graffiti. ft is Mayor Washburn commented on discussions with County residents and indicated that he felt it was a good idea since it is difficult to identify between City and County areas. He also agreed that the City may get caught on the down side of this program when the funding runs out. He stressed previous efforts to cooperate with the County residents and concurred with this effort to assist. Councilman Alongi commented that HOPE is in' this community and we cannot help them but it is possible to help the County area. He stressed the number of needs not met in this community and expressed irritation with addressing the needs of other areas. I THE FOREGOING MOTION AS AMENDED CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND DOMINGUEZ CASTING THE DISSENTING- VOTES'. 37. Council Policy Manual Update & Exoansion. Mayor Washburn 'indicated that he' had requested this item because the Policy Manual has never been completed and this was intended to seek Council input "and provide direction to _ staff. Councilman Winkler suggested direction to staff to'bring back samples of other cities'.s manuals. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE. OF 4 TO AGENDA ITEM NO.1 Ll PP.uE_�.. PAGE TWENTY -TAO - CITY COUNCIL MINUTES - MARCH 9# 1993 1 WITH WASHBURN CASTING THE DISSENTING VOTE TO REFER THIS MATTER TO A WORK SESSION TO SIT DOWN AND DISCUSS THE POLICIES BEFORE STAFF PURSUES FURTHER. 38, Structure Abatement Program. City Manager Molendyk explained this item and the pending projects, as well as options for reduced costs. Community Development Manager Shear commented on the Ulmer Street property and efforts to accelerate the process; noting that the owner has agreed to complete the abatement. Councilwoman Cherveny questioned the supporting documentation for this item. She requested more information on each item to allow for input from Council. City Manager Molendyk inquired whether it would be appropriate to continue this item for more information. Councilwoman Cherveny expressed particular interest in the Ulmer Street property and its associated costs. Community Development Manager Shear clarified that this is not a request to award bids, only an explanation of the pending projects and estimates of cost to complete. Councilwoman Cherveny further commented that there is not enough information provided to proceed with any action. Mayor Washburn inquired whether these properties had all been through the abatement process. Mr. Shear indicated they had been through the process and the City had jurisdiction to proceed. Mayor Washburn questioned the abatement at 301 Spring Street. Mr. Shear indicated it was adjacent to the Channel. Councilman Alongi further addressed the property on Spring Street. Mr. Shear further clarified the location of the shed. Councilman Alongi questioned the square footage of this shed and the number of properties to be boarded up. Mr. Shear indicated there were 13 properties to be boarded up. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO BRING THIS ITEM BACK TO THE NEXT MEETING WITH ADDITIONAL INFORMATION. 39. Structure Abatement at 31085 Machado Stree City Manager Molendyk explained this item and its location. He further explained that the owner was requesting assistance such as a low interest loan, however the Agency is currently out of money for this type of assistance, so it would only be available from the Agency escrow account. Councilman Alongi questioned the request and staff comments, indicating there was no mention of a loan in the letter. He suggested that any loan be for a period of one year only. City Manager Molendyk indicated that he mentioned a loan based on previous discussions with Council. AGENDA ITEMnM1sOy- --�' -/ PAGE. z- OFF-C F PAGE TWENTY -THREE - CITY COUNCIL MINUTES - MARCH 9v 1993 Councilwoman Cherveny concurred that the letter did not request a loan, rather payment. She stressed that this was a request for reimbursement. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE REDEVELOPMENT AGENCY AGENDA. 40. Obsolete Signs - _Downtown Area. Councilman Alongi advised that he had requested placement of this item on the agenda. He stressed the number of vacancies on Main Street and the prior approval of all of the signs by the Design Review Committee. He suggested that removing the signs is costly and unsightly in the interim until new tenants are found. He further stressed the burden of this requirement on the tenants of building owners. He requested consideration of a 90 day postponement of the requirements. He advised that he would have no problem with Closure signs being placed in store windows in the interim. Councilwoman Cherveny questioned the ability to defer the removal of signs, noting that the patched holes would look worse that the obsolete signs. City Attorney Harper advised that Council can direct staff not to pursue this requirement-actively. Mayor Washburn commented on the reasoning behind this ordinance and indicated the signs could be painted out rather than removed. ` City Manager Molendyk indicated that this type of postponement would relate to all of the signs in the community; and if considered he would suggest that the 90 day postponement be approved throughout the City. Councilman Alongi stressed that he was addressing the historic downtown which requires separate special approval for signs. He noted the difficulty in painting or removing the signs around the awnings. He stressed that he would only want this postponement in the downtown area. City Attorney Harper clarified that the ordinance does not only address downtown and there is no specific reference in the downtown ordinance. City Manager Molendyk expressed concern with selective enforcement, stressing that downtown cannot be treated differently. Councilman Alongi suggested adoption of a change for the historic downtown. He stressed the. special provisions already on Main Street over other areas of the community. City Attorney Harper indicated that the Downtown Ordinance could be amended. Mayor Pro Tem Dominguez commented on the process to develop the ordinance and supported the requirement that signs be removed. He stressed the responsibility of the building owner over the tenant. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO AGENDA ITEM N-1 PAGE TWENTY- FOUR.- CITY COUNCIL MINUTES - MARCH 9t 1993 RECEIVE AND FILE THIS REQUEST. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Lois Knight, stated that the old group now has a new name which is The Citizens in Support of the Lake Terrace Plaza Shopping Center and they have circulated her tract with circulares in regard to Lake Terrace Plaza Shopping Center as well as recall information and verbally attacked one of the residents. She expressed concern with this approach. Chris Mccolley, 29072 Palmview, addressed comments made by Councilman Alongi and stated her disagreement with those comments. She then commented on the recall and stated that voters should examine the facts before going to the polls. Ms. McColley then commended Mayor Washburn. Lilah Cordoza, 300 Ellis Street, presented a bouquet of flowers to Councilwoman Cherveny for her good work on City Council. Albert Bishop, 300 Ellis Street, thanked Mayor Washburn and City Manager Molendyk for their assistance in getting large bins placed in the park. Peter. Dawson, 18010 Grand Avenue, explained that Southshore Homeowners Association thanked the Council for their support and cooperation regarding the graffiti program. He stated that the Southshore Homeowners Association is waiting for a binding agreement regarding lake access and will be willing to pay their fair share to support a cooperative program. Joe Garcia, 39066 Tangerine Way, presented a citizens petition asking for Commissioner Pam Brinley to be disqualified from voting on the Lake Terrace Development based on a letter from Commissioner Brinley to Mayor and City Council dated February 25, 1993. He cited that Planning Commissioners and Council should have an open mind regarding any issue prior to the item being heard, and due to the context of the letter felt that she would be biased. Chris Hyland, 15191 Wavecrest Drive, stated her disapproval of Ericka Matthies going to the High School and addressing the students regarding the recall; as well as Leonard O'Byrne addressing students at the High School. She further addressed signage regarding the recall. Kathleen Foster, 29256 Northpoint Street, stated her objections to the recall and her displeasure of the literature and what she feels that it is doing to the City. Gerald Cherveny, 1409 W. Sumner, stated his opinion of Mr. Washburn as Mayor and spoke in opposition of his position as Mayor. He further defended the right of releasing information to the public by Councilwoman Cherveny. Tina Schmitz, Representative from the Senior Advanced Placement Class, Elsinore Union High School, asked for contributions to publish a commentary of a book by T.S. Elliot and gave her reasons why the class choose to write the book. Robert Williams, Lake Elsinore, asked that Councilman Winkler AGENDA ITEA <. t1 . e_ . PAGE.�&Ci- --C:97 PAGE TWENTY -FIVE - CITY •COUNCIL MINUTES - MARCH - 90;'1993 abstain from voting on any issue involving oak - Grove Equities because it constitutes a conflict of interest due to the fact that Councilman Winkler Is firm' represents him'and his zproperty dealings and Oak Grove Equities is in conflict with -one of his projects;. Anthony VittulliI Attorney "for Robert Williams, stated that in his opinion Councilman Winkler is in conflict of interest because he has financial interest in the development of the Wall -Mart site as defined by the Government Code No. 87103 and cited a case of Norte verses the City of Merced regarding a real estate deal. He further explained that Councilman Winkler's decision would affect his M client, r. Williams, and Mr. Winkler:'s firm and asked because of the conflict of interest that Councilman Winkler abstain from any decision in regard to the Wall -Mart project. Edith Stafford, Lake Elsinore, stated that the Vote No On Recall committee produced documents to fool the public in regard to the Bankruptcy filings. She further' addressed" the signing of the petition for recall and stated that they did not misrepresent the petition. Bob Houts, Vista Del Logo, reminded Council that County residents do contribute to the City through'sales tax and asked if there is a current cost study on the Lake and when will a launch agreement be ready. Pat DesJardins, 34350 Olive Grove Road, - addressed the proposed ordinance for charging fees to "non_ residents and asked when that ordinance would be available. Steve Mitchell, 584 La Harve St., expressed his opinion in-regard to public comments , "asked that'political views be kept out of the meetings and asked for Council to .work together. He further stressed his concern for the raising water in the Lake and the City considering financing Wal-Mart. Art Chaskin, 18949 Grand Avenue, expressed his concern'regarding documents of the Lake Edge Specific -Plan and access to the lake for residents. He further stated that SOK'will be doing volunteer graffiti removal and for the City to contact them. Sandy,Everett,`900 Dolly Drive, expressed her support of the Mayor. CITY MANAGER COMMENTS City Manager Molendyk reminded Council of the Study Session scheduled for March 16, -1993 at 3:00 pm. regarding Mobilehome Rent Control. CITY COUNCIL�COMMENTS Councilwoman Cherveny commented on the following: 1. - Expressed her gratitude to her husband for defending her honor. 2. Explained that she'felt. that she should be`able to give information to the Press,- because it is the people's right to know. The Lake Transfer will 'continue -no matter what the AGENDA ITEM.. NO. �e PAGES= O PAGE TWENTY -SIB —CITY COUNCIL MINUTES - MARCH 9# 1993 outcome of the recall. 4. Explained that during Students in Government Day the students she was assigned stated that Camelot Properties did a presentation in regard to their development and she stated that this did not represent both sides of the issue and was wrong. 5. Thanked Lilah Cordoza for the flowers. 6. Concurred with Mr. Houst's question in regard to the cost of the Lake and asked if she might see the current study of the costs for the Lake. 7. Stated her opinion of a cartoon which was circulated in the community was trash and was delivered to her mailbox personally by members of the "Vote No" .on Recall committee and she stated that this would not run her out of office and that the only way she would leave is through a recall. She asked that Mayor Washburn do something about this matter. Councilman Alongi commented,on the following: 1.. Reported that he had addressed the ASB at the High School and explained that the Recall will be settled by the voters by ballot and that he is tired of the attacks and insults leveled at him as a person. 2. Questioned the involvement of the School Board in the Development community. He questioned the . ability of a developer to address a class without both sides being represented. 3. Addressed the C.D.B.G. funds in regard to HOPE and the inability to fund projects to help our community. He stated that there was a need for help for a- street fair but there was no help to bring things to our community and that the dollars are found to send the people out of our community. 4. Challenged the opponents to show where he and Councilwoman Cherveny have not cooperated with the business of the City. The Recall is based on political ideas. 5. Commended SOK for their involving the kids, in the Graffiti program. 6. Stated that he would not quit the Council and the only way he would leave would be through a recall. 7. Questioned Councilman Winkler placing a meeting at the City Park and stated that it was not professional and was a danger to the Council because there was no security guard and all five members were in the open. He further stated that the issue, seemed to be very emotional and it caused an endangerment. 8. He called for all the persons involved in the recall to let all the controversy lay and do what you have a right to do and keep all the problems out of the Council. AGENDA ITE /- / PAGE a `�ilc eM'K 'I . PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES - MARCH 90 1993 Mayor Pro Tem. Dominguez commented on the 1. Explained that he enjoyed the Government Day and stated his students who participated. -He Jennifer for representing him. following: students for Students in appreciation for all the further thanked Gary and Councilman Winkler commented on the following: 1. Explained that he has been involved in Lake Elsinore politics and he felt that there are items that go out that he feels as public officials should be denounced. He further explained that he has been a victim of this type of thing and he does denounce the recent cartoon. 2. Asked that staff and City Attorney Harper see if there is something that can be worked out to assist HOPE in their endeavors. 3. Commended Mr. Jeffries for his work regarding the CDBG funds for assistance in our sphere for the graffiti problem in Lakeland Village. 4. Addressed the problem at Lakepoint Park with the water up so high on the levy. Cautioned that parents be cautious with their children. He asked if staff would address all sides of the park and take safety measures. Mayor Washburn commented on the following: 1. Commended the students who participate in Students,in Government Day; 2. Addressed the adjournment of the Adjourned Meeting to the City Park as a necessary move due to the amount of people who attended. 3. Addressed the cartoon that way anonymously circulated and stated that it was in very poor taste and his committee had nothing to 'do with it. 4. Explained that the buttons everyone is wearing that state "We've got the secret" is the kick off for the recreational activities planned for the future development of ''the Lake. CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS'DECLARED ADJOURNED AT 11:25 P.M. BY MAYOR WASHBURN. ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE C:. AGENDA ITEM ND. PAOE_�LOF