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HomeMy WebLinkAbout04-25-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 25, 1995 ~ ***************************************************************** CALL TO ORDER The Regular city council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: city Manager Molendyk, city Attorney Harper, City Planner LeSlie, Chief Building Official Russell, Community services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh and City Clerk Kasad. PRESENTATIONS/CEREMONIALS - Mayor Washburn requested Council concurrence for the addition of two presentations being 1) a report from the Eastern Municipal Water District on an upcoming project; and 2) Introduction of the 1995 Frontier Rodeo Days Queen Candidates. Council concurred. 1. Jennifer Carter advised that there are 17 contestants this year and introduced last year's representatives. The 1995 contestants provided self introductions and announced their sponsorships. Ms. Carter invited the Community to attend the Rodeo events. (F:108.4) 2. Eastern Municipal Water District Report. Mr. Hooite Rugge, Acting Assistant General Manager, detailed the proposed $27 million reclaimed water line project which will occur on and in the vicinity of Railroad Canyon Road. (F:164.1) Mayor Washburn questioned the timing of the work to be done on Railroad Canyon Road. James Wyatt, Field Engineer indicated that the project will begin at Summerhill Drive and work easterly. He further indicated that the traffic flow concerns are being addressed and the project is scheduled for completion in March of 1996. - Mayor Pro Tem Bender inquired when the entire project would be ~nmnlo~o Mr Wv~~~ inni~~~on ~h~~ ~ho ~nTi~in~TAn ~nmnlATinn PAGE TWO - CITY COUNCIL MINUTES - APRIL 25, 1995 E.V.M.W.D. He further indicated that the bulk of the water will continue down the Temescal Creek. Councilman Pape requested clarification that this water will be approved for body contact. Mr. Rugge confirmed that it would be body contact water, with approximately a 1% phosphate count. Councilwoman Brinley questioned the level of treatment of this water. Mr. Rugge indicated that it will be "very clean". - A. Proclamation - Week of the Younq Child. (F:122.1) Mayor Washburn read the Proclamation and noted the Celebration of this event scheduled for April 29th at Summerlake Park. Mayor Washburn requested a moment of silence for the tragedy of the Explosion in Oklahoma city. PUBLIC COKKENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 23, 24 and 33. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 3, 5, 7 and 9. - MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. Regular City Council Meeting - March 28, 1995. b. Regalar City Council Meeting - April 11, 1995 The following Minutes were received and ordered filed: c. Planning Commission Meeting - April 5, 1995. (F:60.3) d. Design Review Committee Meeting - April 5, 1995. (F:60.4) 4. Rej ected and referred to Claims Administrator the Claim Against the City submitted by Martin Gutierrez (CL #95-5). (F:52.2) 6. Adopted Resolution No. 95-26 relating to Hazardous Waste and Materials Regulation Unified Program Agency Designation. (F:163.1\ PAGE THREE - CITY COUNCIL MINUTES - APRIL 25, 1995 RESOLUTION NO. 95-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE CONGESTION MANAGEMENT PROGRAM (CMP) LAND USE COORDINATION PROCESS. - 10. Accepted the Notice of Completion for the Heald Avenue Sidewalk from Kobold Construction, Inc., and authorized recordation. (F:146.1) 11. Approved the following Cost Recoveries for Abatement and authorized the placing of special liens against the annual tax bill through the Riverside County Tax Collectors Office: (F:32.4) a. 884 Robin - Secretary of H.U.D. b. 132 East Peck - Conception Mendoza Estate. c. 3561 Linnet - Patrick & Deborah Schuster. d. 411 West Graham - Allwyn & Beryl Mendonsa. e. 16459 Joy st. - Consolidated Holdings. f. 424 East Hill - Steve Lane. g. 218 North Chestnut - First Nationwide Bank. ITEMS PULLED FROM CONSENT CALENDAR 2. L.E.A.F. Animal Control Activitv Report - March. 1995. (F:18.2) Councilman Alongi detailed the most recent statistics and commended pet owners for responsible spaying/neutering of animals. - MOVED BY ALONGI, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE L. E. A. F ANIMAL CONTROL ACTIVITY REPORT FOR KARCH, 1995. 3. Warrant List - April 13. 1995. (F:12.3) MOVED BY ALONGI, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST FOR APRIL 13, 1995, AS PRESENTED. 5. Resolution No. 95-25 - Approvinq Recommendations Regarding Trash Collection Policies for the Unincorporated Area of Riverside County. (F:163.1) Councilman Alongi inquired why this fee would be increased and expressed concern for the potential increase in illegal dumping. He indicated that he would be voting no on this item. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 95- 25. RESOLUTION NO. 95-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING RECOMMENDATIONS REGARDING TRASH COLLECTION POLICIES PAGE FOUR - CITY COUNCIL MINUTES - APRIL 25, 1995 MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTIOH NO. 95- 27. RESOLUTION NO. 95-27 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS TO ALLOW THE PLANNING COKHISSION AND THE CITY COUNCIL TO CONSIDER THE AMENDMENT OF SECTION 17.14.130.D OF THE LAKE ELSINORE MUNICIPAL CODE (REGARDING FENCING). 9. Julv 4th Entertainment. (F:151.1) Councilman Alongi explained that because of recent budget meetings and the constraints of the City budget, he felt that this item should be set aside until it is determined what the Council is going to do with the budget and what will be deleted or approved. He stressed that to expose the City to another loss would be unfortunate and therefore he feels that it should be set aside until after the budget meeting, and then, if possible, placed back in the budget. HOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE CONTINUED NEGOTIATIONS WITH THE ENTERTAINERS; AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS AND PROCESS DEPOSITS; AND AUTHORIZE STAFF TO PROCEED WITH SET-UP. Mayor Pro Tem Bender stated that he would like to see the event go on; and noted that when dealing with top name performers, lead time is important for contracts and marketing. He asked for information regarding costs. City Manager Molendyk stated that it was his understanding that Council wished to continue with the 4th of July celebrations, but wanted it on a self-sustaining basis. He explained that last year the City presented an opening event where the City underwrote half the cost and the tickets went for $12.50 each which was a combination of festival seating and permanent seating. City Manager Molendyk further explained that based upon last years performance, and what will be presented by the storm on May 14th; the City is expecting a show capacity of 8,700 people which will be broken down into 500 reserved seats in front of the stage on the infield for $27.50 a ticket, field seating, $22.50, and general admission, $17.50. He noted that the proposed budget covers all costs of the event, plus the fireworks; and the break-even point is 7,300 in attendance. He also explained that based upon what Council wished, staff has gone forward with the booking agent and shown a willingness to go forward with the 4th of July celebration; and the planned acts are Merle Haggard and Shenandoah. Mayor Pro Tem Bender stated that the fireworks can be seen throughout the surrounding area, therefore they are for the general public, and the persons who wish to pay will enjoy the concert. He inquired if the City were to wait until after the George Jones concert to make a decision, would that be too - - PAGE FIVE - CITY COUNCIL MINUTES - APRIL 25, 1995 - a reasonable number to shoot for. He noted there is the unknown, but the earlier the City starts, the better the chances for the city. Mayor Pro Tem Bender stated that he is in favor of going forward. Councilman Alongi stated that advertising is not as necessary as it once was, since people know that the city puts on this event. He emphasized that he was not opposed to this celebration, and pointed out the cost to the city in the past and the good things that were produced. He stressed that the city is now looking at some very restrictive budget this year, with a $3.700,000 deficit, that the city must find way to be made up. He pointed out that this is again promoting an activity that the City does not know if it will be a gain or a loss and he would rather see the City take the $100,000 and hold the event at Swick Field and know that it is a firm cost. He explained that before we asking the citizens to pay for the deficit, it is the responsibility of the city council to cut the costs incurred by the city and justify the reasoning for aSking the taxpayer for help. Mayor Washburn asked if Mr. Alongi was opposed to the item. Councilman Alongi stated that he was only opposed to the cost. Mayor Washburn stated that he is not opposed to the program and explained that in the past the programs were free and the cost that the city paid last year was much higher than what it will be this year, but with the caliber of artist, he is sure that the City will attract a good audience. - THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. PUBLIC HEARINGS 21. Amendina the MuniciDa1 Code to Add Procedures and Reauirements for the Consideration of Deve10Dment Aareements - Ordinance No. 996. (F:104.1) (X:68.1) ci ty Attorney Harper indicated that this is basically a housekeeping item, in that the provisions are required by the Subdivision Map Act and represent current procedures for the city. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:32 p.m. aSking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:33 p.m. MOVED BY BENDER, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 996 UPON FIRST READING BY TITLE ONLY. .- Councilman Alongi noted section 19.12.050 and indicated that he would like to set a time limit for return of the agreement back to the applicant. City Attorney Harper clarified that with np-vp-lnnm2nt Aar22m2nts this tvn2 of time limit would not PAGE SIX - CITY COUNCIL MINUTES - APRIL 25, 1995 the timing. City Attorney Harper indicated that these are the state statute requirements and noted that he has never been aware of a timing concern from the developers in this area. ORDINANCE NO. 996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 19 BY THE ADDITION OF CHAPTER 19.12 TO PROVIDE FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS. UPON THE FOLLOWING ROLL CALL VOTE: - AYES: COUNCILKEKBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILKEKBERS: NONE ABSENT: COUNCILKEKBERS: NONE ABSTAIN: COUNCILKEKBERS: NONE 22. Zone Code Amendment 95-1 - Amending the R-A (Agricultural Residential) Development Standards Relating to the Number of Animals Allowed - Ordinance No. 997. (F:172.2) City Planner Leslie explained that this item came out of the hearing regarding the zone change on the "Hammerhead" area. He detailed the proposed changes and the limitations on the number of animals allowed. Councilman Alongi inquired when the Study Session with the Planning Commission was held. Mr. Leslie indicated that it was held at a regular Planning Commission meeting. Councilman Alongi inquired whether input was received from the Community. Mr. Leslie confirmed. Mayor Washburn inquired whether this Ordinance seemed to satisfy the public in attendance. Mr. Leslie confirmed. - The city Clerk reported no written comments or protests. Mayor Washburn opened the pUblic hearing at 7:40 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:41 p.m. MOVED BY BENDER, SECONDED BY PAP~ TO ADOPT ORDINANCE NO. 997 UPON FIRST READING BY TITLE ONLY. Councilman Alongi questioned the restrictions and noted that there was nothing regarding the offspring of the allowed animals. He suggested that timing be included to address a period of time until they are weaned. Mayor Pro Tem Bender noted the Planning Commission discussion of this topic and suggested that with some variations there would be apparent reasonable standards. city Planner Leslie noted that there was discussion and the PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 25, 1995 AMENDING THE DEVELOPMENT STANDARDS BY MODIFYING SECTION 7.20.030, 040 AND 120 WITH RESPECT TO THE NUMBER OF ANIMALS ALLOWED AND BY CLARIFYING WHAT IS CONSIDERED A COMMERCIAL OSE (ZONE CODE AMENDMENT 95-1). OPON THE FOLLOWING ROLL CALL VOTE: ,-.. AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE APPEALS 23. Appeal of Planning Commission Decision to Deny Commercial proiect No. 95-1 "Jack in the Box Restaurant". (F: 21.1) City Manager Molendyk explained this item and noted the denial by the Planning Commission on March 15th. Don Foster, 29256 Northpointe, expressed opposition to another fast food restaurant and stressed the need for a quality restaurant, particularly at this location. He expressed hope for an upgraded dinner house within the community. - william J. Ward, representing Oak Grove Equities, indicated that they have reviewed the staff report and would ask that the City Council consider continuing this item for further review of the site. After discussion it was decided to continue this item for 30 days. MOVED BY ALONGI, SECONDED BY BENDER AND CARRIED BY UNANIMOOS VOTE TO CONTINUE THIS ITEM FOR 30 DAYS TO MAY 23, 1995. 24. Shannon Communities ADDeal of Condition of ADDroval No. 24 (Fencing) of Residential proiect No. 94-3 (Tentative MaD No. 19358). (F:160.2) (X:21.1) _. City Manager Molendyk gave an overview of th~ history of the project and pointed out that the applicant (Shannon Communities) has filed an appeal relating to condition No. 24, pursuant to section 17.80.121 of the Lake Elsinore Municipal Code. He explained that the applicant proposes to build a box framed wood fence along side and rear property lines not directly visible from the public right-of-way and boxed wood framed fencing between houses, block wall with wrought iron along rear and side property lines that have views to the Lake, and wrought iron along side property lines where a SUbstantially high slope exists. He further explained that for fencing directly adjacent to the public right-of-way, the annlican~ nronos~s masonrv block walls_ H~ no~~d ~ha~ ~h~ PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 25, 1995 that they are addressing, is that adjoining the block wall fence to make the look consistent as well as the use of wood fencing on the rear and side yards that are not visible to the public right-of-way. He stated that his company was willing to use steel posts with the wood fence. Mayor Washburn clarified the fact that this is two issues; one that the existing block wall replace the requirement that they install additional block wall and two, the use of wood fencing. city Planner Leslie confirmed that there are two issues involved, one is the use of wood fencing as an alternate material to block walls on the interior side and rear property line and staff has outlined the appropriate areas where wood fencing could be use; the other issue is the fact that the Code requires a six foot high block wall around a subdivision or development and there is not anything in the Code giving a waiver in regard to that. He noted that the area Mr. Hatter is referring to is a subdivision in the County area next door to his project and there is a great differentiation between that project and this one. city Planner Leslie explained that there is a block retaining wall and the County's subdivision is lower so that adding a six foot high wall on top of that would create a hand ball court effect for those who live in the County. The County has allowed a low block wall with some chain link on top and Mr. Hatter is requesting some relief to use an alternate design of fencing in that area to blend with what is there. Mayor Pro Tem Bender stated that he previously understood that Mr. Hatter did not want to put up any fence on that section, however now he understands that there is a willingness to place fence, but something similar to the existing fence. Mr. Hatter explained that what they had hoped to do was enhance the existing fencing with some kind of screening. Mayor Pro Tem Bender stated that he just wanted to be sure that everyone understands the situation between the existing fence and what Mr. Hatter is proposing and asked if the fence in the County is visible from the right-of-way. Mr. Hatter explained that once his development is built, the County wall will not be visible. Councilwoman Brinley asked since the developer did not wish to do wrap around block wall, could they do decorative wrought iron and pillar treatment. City Planner Leslie explained that this is what is proposed for the upper lots in order to maintain the view of the Lake and screening for the other fence. Mr. Hatter explained that the existing wall, when it was constructed on the County side, was built on top of an existing berm to try and get more of a screening from their side. He further explained that the lots are lower than that existing berm area and the type of construction that the County allowed, should be screened to give privacy in both areas. Councilman Pane asked if there was a nrnhl~m r~n~rninn ~hA - - PAGE NINE - CITY COUNCIL MINUTES - APRIL 25, 1995 would like to see wooden fencing in that area and no chain link. - Mayor Washburn stated that he was asked to look at the difference between steel posts and wooden posts and pointed out the difference in costs. He asked Mr. Hatter if he was aware of the cost factor. Mr. Hatter stated that all costs had been reviewed for a standard wooden fence and he felt that it would be a few dollars more. Mayor Pro Tem Bender asked about the wooden fence over the block wall and if could it be effective. Mr. Hatter explained that his company had looked at some vinyl slat screening which could be used in the chain link, with a life span of 30 years and in neutral colors, or some type of planting to act as an enhancement for the back yards which would improve the appearance. Mayor Pro Tem Bender asked about the construction of a block wall versus a wood fence and would it also give an effect of higher elevation and still create a towering wall. Mr. Hatter explained that this condi tion exists on approximately 10 lots and the wood would create the same problem as block wall. He stated that what they were looking for was the most compatible situation; and the other issue is how they built the block wall with chain link. - City Planner Leslie explained that Mr. Hatters project wraps around the existing County subdi vision and in the lower portions towards Grand, Shannon's are slightly lower than the ones in the County; but as Shannon's project goes up the hill and wraps around the existing County subdivision, Shannon's actually goes up much higher. In the area where there is a large wall that faces the County lots, Shannon proposes to place wrought iron at the top without adding height to the wall to preserve the view for the persons who are in that subdivision that have a view. He further explained that in the lower portions there is a block wall with chain link sunk into the wall sitting on a berm. He noted that the existing block wall with chain link belongs to the county developer of that subdi vision and the ci ty could not remove the wall without cooperation of the various property owners that live there now. City Planner Leslie stated that trying to build a new block wall adjacent to that so that there would be side by side walls, trying to place the footing could cause the loss of the berm and would create the high wall. He noted that what has been proposed is to use the existing chain link fence and enhance the fence by using screening material. He stated that the alternate is to put a wood fence in front of the chain link. - Mayor Pro Tem Bender asked if the fence is in good repair. City Planner Leslie stated that other than the fact that it is chain link it is in good shape. Mayor Pro Tem Bender asked if Shannon Development would have to get permission to place a wood fence in place of the chain link. Mr. Hatter explained that they would have to gain permission of the indi vidual property owners in order to accomplish this. Mayor Pro Tem Bender stated that using wood fencing would enhance the n,..n4o,...~ ,::oe::. uo" :lie:! ~ho ne:!o nr ~ho u,..,nnrrh+- i,..,nn nn +-h,::o hln,...1c PAGE TEN - CITY COUNCIL MINUTES - APRIL 25, 1995 RIGHT-OF-WAY; AND THE USE OF ALTERNATIVE MATERIAL FOR FENCING AS STATED IN CONDITION NO. 24 AS FOLLOWS: 24. A six foot (6') high treated or painted wood fence with steel posts as detailed in Exhibit "B" (and recommended by Planning Commission) shall be constructed along the side and rear property lines. Mayor Washburn asked that Mr. Hatter get with the Planning Department to detail costs of the fencing using steel posts versus the use of wood posts. - THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Second Readinq - Ordinance No. 991 - Relatinq to Zone Chanqe 94-2 Revised - "Hammerhead Area". (F:20.2) MOVED BY BENDER, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 991 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING ZONING FOR 152 ACRES GENERALLY LOCATED SOUTH OF LASH AVENUE, NORTH OF LINCOLN STREET, WEST OF MACHADO STREET, EAST OF DRYDEN STREET, CLEMENT STREET AND THE TERMINI OF ZIEGLINDE DRIVE, LE GAYE STREET AND ST. PIERRE LANE (COMMONLY REFERRED TO AS THE "HAMMERHEAD" AREA), ZONE CHANGE 94-2 (REVISED); CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: - AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Commercial project No. 95-2 - "Douglas Burgers". (F:58.1) City Manager Molendyk explained this item and the proposed location. City Planner Leslie presented exhibits of the proposed~roject and noted that they would share a driveway with the Chevron Station and also utilize another access road. Councilwoman Brinley questioned the configuration of the parking lot and Planning Commission discussion of a reduction in the landscaping. Mr. Leslie detailed the plan for the parking lot and explained this these deeper spaces will allow for R. V. parking. Mrs. Brinley expressed concern regarding the nnr".nri="l Tnr n'T".rni....h... ......"'r1r;n.... v,... T.""...l;"" ;....A;,..""~""A ~....""~ PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 25, 1995 - left hand vehicle access in these spaces. Public Services Director Tecca explained the ADA requirements for handicapped spaces are very specific with regard to striping, etc. Mayor Washburn inquired whether there would be adequate space to park further to one side or the other and allow for access. Councilman Alongi indicated that his request should be a simple change. Mr. Tecca indicated that he was not presently aware of how it had been engineered. Councilman Alongi expressed concern with regard to the handicapped parking and access to the ramp. Mr. Leslie indicated that staff will be looking for ADA compliance in the project to assure that the standards are met. Mayor Washburn noted that there is a Planning Commissioner who is very aware of these requirements and he was sure it would have been addressed if necessary. Dino Fortris, applicant, detailed the history of his business which began in 1953. He noted that this would be their 23rd location. He indicated that they serve a wide variety of food either sit-down style or drive through. Mayor Pro Tem Bender questioned the time frame for opening of the restaurant. Mr. Fortris indicated that it would require approximately six months of construction and open near Christmas. - MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO AMEND CONDITION NO. 53 TO INCLUDE A REIMBURSEMENT AGREEMENT, AND MODIFY THE CONDITION WITH REGARD TO HANDICAPPED PARKING AS DISCUSSED. CONDITIONS OF APPROVAL FOR C 95-2 , CUP 95-2 -"DOUGLAS BURGERS" PLANNING DIVISION 1. Design Review approval for Commercial Project No. 95-2 and Conditional Use Permit No. 95-2 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 Director or designee 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. A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflects all Conditions of Approval. These revised plans shall become the approved plot plan only upon the review and aDDroval bv the Planninq Manaqer or desiqnee, prior - PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 25, 1995 conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 5. Materials and colors depicted on the materials board shall be used unless modified by these conditions, Community Development Director or his designee. 6. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. - 7. Applicant is to meet all applicable ci ty Codes and Ordinances including state handicap requirements. 8. Meet all Riverside County Health Department requirements. 9. Meet all Riverside County Fire Department requirements. 10. Meet all Cal-Trans Department requirements regarding outdoor advertising. 11. No outdoor storage shall be allowed. 12. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of certificate of Occupancy. 13. All roof ladders and electrical panels shall be located wi thin the interior of the building or in specially designed areas concealed from public right-of-way view. 14. Applicant shall use roofing materials with Class "A" fire rating. - 15. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 16. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened with architectural elements compatible with the proposed design so that they are not visible from neighboring property, public streets, and the I-15. Screening plan, if determined necessary, shall be approved by the Community Development Director or designee, prior to issuance of building permit. 17. DELETED. 18. The monument sign can be placed within the 11' dedicated strip with an encroachment permit issued by the city, provided it does not obstruct any vehicle site distance, and with the stipulation that the monument sign will be removed within 30 days after notice from the City is given for the widening of Dexter Street. All costs associated with the removal of the monument sign shall be PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 25, 1995 21. The final landscaping/irrigation plan is to be reviewed and approved by the city's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of Building Permit. A Landscape Plan Check and Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). - a) All planting areas shall have permanent automatic sprinkler system wi th 100% plant grass coverage using a combination of drip conventional irrigation methods. and and and 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 (24") box. On areas where screening, is necessary trees shall be at least thirty six-inch (36") box size). c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen ingress/egress points shall thirty-six inches (36"). feet be no (15' ) higher of than e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. - Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 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. f) h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. - 22. All eXDosed slODes in excess of three feet (3') in heiaht PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 25, 1995 shall submit a lighting plan or reflect on subsequent building plans security lighting for the site, subject to the review and approval of staff. 24. Applicant shall annex project into the City's Landscape and Lighting District. 25. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. - 26. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. 27. Trailers utilized during construction shall be approved by the Planning Division with appropriate bonds posted to insure removal at development completion. 28. On-site surface drainage shall not cross sidewalks. 29. Parking stalls shall be double-striped with four-inch (4") lines two-feet (2') apart. 30. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 31. Prior to issuance of any building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. This proj9ct shall be subject Monitoring Program contained in Declaratisry No. 95-1. 33. All vending machines, tables, kid's rides, newspaper rack3, -telephones and similar devices shall be conceal from vie~ with a structure consistent with the building design. These shall be approved by the Communi ty 'Development Director or designee prior to installation. 32. to the Mitigation Mitigated Negative - 34. Bicycle racks shall be provided adjacent to the restaurant. 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. 35. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Director or designee. ENGINEERING DEPARTMENT CONDITIONS PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 25, 1995 38. Dedicate a eleven (11') foot wide strip of additional street right-of-way along the easterly property line to the city prior to issuance of building permits. 39. Dedicate additional right-of-way for standard corner cutback for the future curb return at the east corner of the lot. - 40. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. 41. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution 85- 26) . 42. 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 building permit. 43. 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 issuance of building permit (Lake Elsinore Municipal Code 16.34) - 44. Street Improvement Plans and specifications shall be prepared by a civil Engineer. Improvements shall be designed and constructed to the Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34) 45. 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) . 46. All compaction reports, grade certifications, monuments certification (with tie notes delineated on 8 1/2" X 11" Mylar) shall be submitted to the Engineering Department before final inspection of the off-site improvements will be scheduled. 47. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) shall be the responsibility of the property owner or his agent. Underground all utilities where feasible. 48. Provide street lighting and show lighting improvements on street improvements plans as required by the City Engineer. - 49. On-site drainage shall be conveyed to a public facility or acceoted by adiacent orooerty owners bY letter of PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 25, 1995 to grading permit approval. 52. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Pr ior to any grading, the applicant shall obtain a grading permit and post appropriate security. 53. Developer shall pave the existing Cal Trans easement from Dexter Avenue to Old Dexter Road for two (2) travel lanes (28' wide). The developer may enter into a reimbursement agreement with the City (Engineering Department), at their discretion, for partial re-payment of the reasonable costs incurred for paving the Cal Trans access easement to the Park-and-Ride lot. Payment of the reimbursement shall be subj ect to the City collecting the funds from the adjacent property on Dexter Road if and when it develops. 54. Grading and improvements for the site cannot interfere with access on the Cal Trans easement to the Cal Trans park and ride facility. 55. Applicant shall provide two (2) handicap parking spaces pursuant to ADA requirements and subject to the approval of the Community Development Director or designee. 33. Discussion of Council Policy. (F:120.1) Mayor Washburn explained that he asked for this item to be placed on the Agenda after the city Attorney's response with regard to setting a policy for programs on television. He stated that the purpose is to clarify, for Council, staff and the public what their responsibilities are. Councilman Alongi stated that he does not have a problem with the proposed policies as long as it addresses letters and other forms of communication as well. He made a review of the six points guidelines as follows: 1) Stated that he had no problem with disclaimers, but did feel that this should apply to all correspondence from Council, since one Councilmember does not speak for all and noted that all Councilmembers should abide by this; 2) Explained that he is proud of being an elected official and his community and takes pride in his City and its flag and indicated that he will display a flag on his program. He stated that it is not a misuse of the City's logo. He asked that the City Attorney comment on this item; 3) Pointed out that he had checked with 10 other cities and he is the first to do his own television program and that he is making history. He noted that as an elected official he receives information and it is public information and questioned Council's right to deny him the use of that information. He asked the ci ty Attorney to clarify that issue; 4) Noted that he has some confusion regarding Council's right to prohibit employees speaking on his program and reminded them that they are employees from 8:00 a.m. to 5:00 D.m. and that this action would hI"! ;n u;nl:'ll....;nn nf' ....ho.;.... ,...;u;1 - - PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 25, 1995 - sanctioning and this would be ruled on by the entire City Council. He pointed out that Councilwoman Brinley sent 24 letters to different pastors that were involved in the Easter Services at the Stadium and she did not seek the sanction of the other Councilmembers; he saw it as a direct misuse of city funds and staff time, since one letter would have done the same, because all the Pastors have a breakfast meeting once a week. Councilman Alongi stated that his program will not be all controversial in its format, but rather introduce the communi ty to different people from the community who are interesting and do not always get recognition. He thanked the Mayor for the free advertisement. Mayor Washburn then called upon the persons who had requested to speak as follows: - Ace Vallejos, 15231 Cobre Street, stated that he felt that this was a witch hunt against Councilman Alongi and his right to free speech. He asked why Council was not holding budget hearings and stated that instead of trying to stop Councilman Alongi from exercising his freedom of speech, they should be looking for ways to not increase taxes. He commented that he feels that the City is bankrupt and asked that they concentrate on their fiscal responsibility. He pointed out that Councilman Alongi has the right to freedom of speech. Chris Hyland, 15191 Wavecrest Dr., stated that she feels that this item is ridiculous and offered Councilman Alongi her records for his personal use for the program. She then presented Councilmembers Bender, Brinley and Pape with Notices of Intent to Recall. Mayor Washburn stated that he does not object to Councilman Alongi or any other person having a show and that they have that right, but indicated that he felt the guidelines that are presented are precautions that all of Council should abide by. He explained that it is clear that Councilman Alongi is mixing apples and oranges and noted that the concerns that he has as Mayor and as a City Councilmember is the misuse of staff time to provide an opportunity to berate staff or to make individuals look less important than they are. He further explained that this protects the employees and asked that the City Attorney address this issue. City Attorney Harper noted that the city logo is property of the city of Lake Elsinore and is copyrighted and the Council does have the right to allow or disallow its use. He stated that the City could prohibit the use of the logo being behind or in front of the person because it could imply that the City has sanctioned the speaker or presented activity. He explained that the city flag could be used as long as it is the personal property of the person using it and not the property of the city. - City Attorney Harper explained that the Council Policy is PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 25, 1995 would imply that it was sanctioned and this would include the use of the logo. City Attorney Harper noted that there were no restrictions on the use of public documents which the Council has access to, with the exception of litigation documents, medical records, employee information, negotiation of land acquisition and anything of that nature which would otherwise be confidential and would be protected by the Brown Act or the Public Information Act. He explained that item number 3 was designed to prevent additional burden being placed on staff and to prevent staff from having to serve just one Councilperson instead of the entire Council. He stated that the reference to County staff would entail someone approaching them and putting pressure on them as a Councilperson and possibly creating costs to the City for their services. He further explained that there is no problem having an employee of the City as a guest on a T.V. program as long as they disclaim that they are not acting as an employee. Councilman Alongi asked if the City Attorney would clarify item no. 6. City Attorney Harper stated that sanctioning is giving approval. He noted that this would address any event that would not be reflective of the City's position. He explained that any Councilmember has the legal right to say what ever they want to say regarding what ever comes to their minds. MOVED BY WASHBURN, SECONDED BY BRINLEY TO APPROVE THE PROPOSED SIX GUIDELINES. Councilman Pape stated that he felt that the items presented were clear in their intent, but commented that most liberals throw out smoke and mirrors to twist and try to confuse the public and try to change the intent so that it doesn't look like what it really is. He explained that the idea behind this item is to make sure that staff is not put in the middle of some political ploy or game and give them the opportunity to say "no they will not participate" without fear of reprisal from a Councilperson. He noted that point three is very clear and states that staff is not to do Councilman Alongi's research for him and that applies to all of Council. Councilman Pape explained that Council is constantly getting memos on what is going on in the city, but to require staff to produce documentation for specific items that would apply only to the show would be a waste of staff's time and a waste of City resources. He noted that control of the use of the logo is reasonable and pointed out that when Councilman Alongi called ten different cities and found that no one had ever done the type of show that he is planning, it might be because they did not think that it was a good idea. He suggested that common sense is not always common. Councilman Pape stressed that Council should be positive ambassadors for the City and his concern is that the City and Council could be embarrassed, depending on the direction that Councilman Alongi's show takes. He explained that he does not care if someone does a show since it is their right and he also does not feel that - - PAGE NINETEEN - CITY COUNCIL MINUTES - APRIL 25, 1995 - presented to the community, and she felt that each one deserved separate recognition. Mayor Pro Tem Bender explained that Number 5 is in the policy manual and is part of the Municipal Code and he sees it as a normal event and does not have a problem with that item. He pointed out that Number 6 seems to be a moot point and redundant. He noted that Number 1 & 2 are reasonable and clear and Number 3 can be understood, but there is a lot of gray area. He explained that this area could be over used or misused. Mayor Pro Tem Bender agreed with Councilman Alongi regarding Number 4 since it is hard to preclude somebody from doing something that they are permitted to do constitutionally on their own time; and as long as they are not acting as representatives of that particular agency and they do not use materials or information gained from their emploYment with that agency. He suggested different wording. He explained that Council must abide by the Code of Ethics and should not try to figure out what is wrong or right, white or black but rather reach for higher standards. Mayor Pro Tem Bender stated that if it id Councilman Alongi's "buck" and it is his show, but he did agree that there should be some concern for many of these items. He stated that he can't support all six points and he won't. He asked that a disclaimer be shown on Councilman Alongi's show by possibly using a tag line at the bottom of the screen and asked that Number 4 have the following sentence added: Unless done on their own time and not representative of the agency and not with agency material or knowledge gained as a representative of that agency. Mayor Pro Tem Bender noted that the City or Council cannot preclude someone from doing something on their own time, but they can set restrictions of what material and the information they can state from the experience of their emploYment. Mayor Pro Tem Bender asked if Councilman Alongi would have a problem with running a disclaimer as basically a tag line at the bottom of the screen during his program, which would state that "These views are not representative of the views of the City and are not sanctioned by the City". He stated that it would cover anybody that was there to speak. He emphasized that it is Councilman Alongi's right to have his show and no one can deny him his rights. - Mayor Washburn stated that in item 4 it could be reworded. He explained that the intent is that no Councilperson can give direction to staff to be a guest of the program. He noted that the intent is to create a protection so that no Councilperson can give a direct order to staff or an employee of the City or its consultants, to be a guest on a show or meeting. He felt that it should be clearly stated as such. Mayor Washburn suggested wording to read "No Councilperson, whether they do a Television show, talk show or radio show be allowed to give a direct order to staff or City contract employees or consultants to be a guest on their program". Councilman Pape stated that he agreed with that and would like to see a sentence that covers that employees of the city, if they choose to participate in any program, should not use any PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 25, 1995 SHOW. IF A CITY EMPLOYEE CHOOSES TO PARTICIPATE IN ANY PROGRAM THEY SHOULD NOT USE ANY INFORMATION DERIVED FROM THEIR EMPLOYMENT WITH THE CITY OF LAKE ELSINORE". Councilman Alongi stated that Councilman Pape called him a liberal and thanked him, since he has always been known as a conservative Democrat. He stated that the disclaimer would take care of the logo if it states that what he has to say on the program is not necessarily the opinion of the City nor the City Council. He felt that the disclaimer would speak for the logo behind him which is the flag. He noted that none of the Council should misuse staff time and he does not oppose any of the guidelines as long as all of Council abides by them. He agreed with the items that the City Attorney INDICATED WERE confidential. He noted that he does not feel that he nor anyone else should force an employee to go on any program. He stated that he was going to invite a lot of them, if they would like to appear that's fine, and if they don't that's fine too. Councilman Alongi stated that discussing City business is freedom of speech and an employee can discuss anything he feels he wants to discuss, providing it is not confidential information and it Is not in violation of any of the issues that protect the legal position of the city. He addressed guideline number 4 and asked how he can be prevented from getting County officials to appear on his program as long as it doesn't cost the City anything. Mayor Pro Tem Bender pointed out that Mayor Washburn had already reworded that item. He asked if Councilman Alongi had a dilemma running a disclaimer on a constant basis during his show. Councilman Alongi stated that he has discussed this with Cable 3 and there will be a disclaimer at the beginning and the end of his show. He pointed out that putting a disclaimer at the bottom of the screen is not something that is necessary, and because of the support that he has received for his program, the tag at the bottom of the screen would be used to print the names of his supporters. Mayor Washburn stated that he feels that this is more of a handcuff for the rest of Council, since he feels that Councilman Alongi will "do as he damn well pleases" and it will not make a bit of difference to him. He explained that at least this lets the public know that Council is trying to do something. MOVED BY WASHBURN, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FOREGOING MOTION AS STATED. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Dick Knapp, 17262 Bromley Avenue, presented a map of the Lake Gunnerson area and detailed a plan for correction of the current flooding problems. Mayor Washburn indicated that he would refer this proposal to the City Engineer. Mariana Mohylyn, 305 W. Sumner, commented on her property and funding received from the Economic Development Agency and requested - - PAGE TWENTY-ONE - CITY COUNCIL MINUTES - APRIL 25, 1995 Ace Vallejos, 15231 Cobre, commented on taxes and expressed his opposition to any new taxes. He noted court action with regard to the imposition of a utility tax in San Francisco. CITY MANAGER COMMENTS None. - CITY COUNCIL COMMENTS Mayor Pro Tem Bender commented on the following: 1) Indicated that any documents presented during a session of the City Council should be presented to the entire Council via the City Clerk. He stressed the inappropriateness and thanked Mrs. Hyland for validating the reasons he ran and why he is on the Council. 2) Noted that he drove around the community prior to the meeting and detailed the positive factors present, such as people enjoying the Lake, Ski Boats, fishermen, etc.; Little League Baseball games, activity at the Community Center, In-line Skaters, etc. He stressed the importance of seeing the beauty of the community. Councilman Alongi commented on the following: 1) Noted letters received from Mr. Williams and Mr. Livingston and concurred with their comments. 2) Questioned staff with regard to the status of the Tuscany Hills Foreclosure. - 3) Indicated that he did not approve of a ~ecent fIler being distributed in the Community and indicated that" he had no participation in it. 4) Announced the Earth Day/Week of the Young Ch:..":' ~ c:'vcnt on Saturday, April 29th and hoped for a good tur~o~t. 5) Commented on the upcoming television program and its intent. He announced the first show on May 11th at 7:00 p.m. Councilwoman Brinley commented on the following: 1) Thanked City Staff for their assistance with the Easter Sunrise Program. She indicated that it was a lovely event and very inspirational. She thanked the Pastors for their participation, particularly Pastor Fred Rodriguez. 2) Addressed comments by Councilman Alongi, and noted that she also has goals for the Community, such as to help the Friends of the Library. 3) Addressed comments bv Mavor Pro Tem Bender reO'ard i nO' PAGE TWENTY-TWO - CITY COUNCIL MINUTES - APRIL 25, 1995 2) Noted the Open House at the new H.O.P.E. facility and indicated that it is very impressive facility. Mayor Washburn commented on the following: 1) Reiterated the announcement of the Earth Day celebration on April 29th. 2) Indicated that he also drove around town this weekend and noted the Grand Opening at Inco Homes, the progress on McVicker Park, the Boat races, etc. He indicated that the city is evolving into a community to appreciate. He commented that he is pleased to see the changes occurring. - CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:40 P.M. EST: - ,~ ~ VI XI KA'i~, CI'!'~LERX CITY OF LAKE ELGINORE -