Loading...
HomeMy WebLinkAbout07-25-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 25, 1995 ************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Pape. ROLL CALL PRESENT: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, Community Development Director LeSlie, Community services Director Sapp, Engineering Manager O'Donnell (for Public Services Director) and city Clerk Kasad. PRESENTATIONS/CEREMONIALS ~ City Manager Molendyk noted that there would be one presentation and requested the addition of Item #34 concerning placement of Nuisance Abatement bills on the tax rolls. MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD THE NUISANCE ABATEMENT ITEM AS #34 OF THIS AGENDA. a. Report on Red Lion Hotel Proiect. (F:134.10) Tim O'Byrne, representing Inland Property Counselors, indicated that they are continuing to work on the planning of this project and moving forward. He noted that due to an illness within the development team there have been some delays, however, the necessary studies are being completed. He indicated that they are meeting with financing agencies and reviewing possible plans with Red Lion representatives. He further indicated that they will be able to provide more complete details to the Council in September of this year. He noted that they are pleased with the recent announcement of the Raceway project and stressed that the Raceway will help to increase the need for the Hotel project. PUBLIC COHMENTS-AGENDIZED ITEMS PAGE TWO - CITY COUNCIL MINUTES - JULY 25, 1995 The following Minutes were received and ordered filed: b. Planning commission Meeting - June 21, 1995. (F:60.3) c. Planning Commission Meeting - July 5, 1995. d. Design Review Committee Meeting - June 21, 1995. (F:60.4) - e. Design Review Committee Meeting - July 5, 1995. f. Design Review Committee Meeting - July 12, 1995. 2. Ratified Warrant List for July 14, 1995. (F:12.3) 3. Awarded Contract for the Annual street Maintenance Contract to Edmondson Construction in the amount of $128,132. (F:156.1) 4. Rejected Bid received for the Corporate Yard Improvements and New Maintenance Building and authorized staff to rebid the project. (F:50.2) 5. Adopted Resolution No. 95-46, Confirming Placement of Weed Abatement Costs on the Property Tax Roll. (F:166.1) RESOLUTION NO. 95-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE -- STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNEKNT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 6. Adopted Resolution Nos. 95-47 thru 95-51, Confirming Fiscal Year 1995-96 special Assessments for Assessment District 87- 2, Assessment District 89-1, Assessment District 86-1, Assessment District 90-1A and Assessment District 93-1. (F:22.3) RESOLUTION NO. 95-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 87-2 - SHOPPERS SQUARE) 'A'RJ:lnT.nIJ'lTnW wn_ QIi-.4A PAGE THREE - CITY COUNCIL MINUTES - JULY 25, 1995 ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 86-1 - NORTHWEST SEWER DISTRICT) RESOLUTION NO. 95-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 90-1A - SUMMERHILL PUBLIC IMPROVEMENTS) RESOLUTION NO. 95-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT NO. 93-1 - COTTONWOOD HILLS PUBLIC IMPROVEMENTS) 7. Adopted Resolution Nos. 95-52 thru 95-54, Confirming Fiscal Year 1995-96 Special Taxes Community Facilities District 91- 2 (Summerhill Public Improvements), Community Facilities District 88-3 (West Lake Elsinore Public Improvements), Community Facilities District 90-3 (North Lake Elsinore Hills Public Improvements). (Fi22.3) RESOLUTION NO. 95-52 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT NO. 91-2 - SUMMERHILL PUBLIC IMPROVEMENTS) RESOLUTION NO. 95-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 88-3 - WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) RESOLUTION NO. 95-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 90-3 - NORTH LAKE ELSINORE PUBLIC IMPROVEMENTS) 8. Accepted Planning Commission Resignation from Richard Bullard effective immediately. (Fi60.2) 9. Approved Public Hearing date of August 8, 1995, for the PAGE FOUR - CITY COUNCIL MINUTES - JULY 25, 1995 Collection Fees on properties Exceedinq 90 Davs Delinquent - Resolution No. 95-55. (F:163.1) City Manager Molendyk explained this item. David Fahrion, representing CR & R, noted prior City Council discussions of this matter and indicated with reassurances from the Council that this action could occur, they have resumed service to the entire community. He advised that last year 451 bills were placed on the tax bills and this year there are currently over 900 to which this would apply. He indicated taht the residents have until July 31st to resolve outstanding bills and avoid placement on the tax rolls. He also indicated that on many of those bills it will be a total of 18 to 24 months before payment is received. Councilman Pape inquired how much correspondence has occurred with residents who are delinquent in payments. Mr. Fahrion indicated that they receive four quarterly invoices, four delinquency notices and a notice of this meeting; for most people this equates to between three and nine notices. Councilwoman Brinley questioned how many of the 900 are repeat delinquencies from last year. Mr. Fahrion indicated that the 451 from last year could not be delinquent at this point, because they were billed in advance for this year and will resume regular payment this year. He indicated that they will track those 451 to determine how many continue to have delinquent bills. Mayor Pro Tem Bender noted that last year he requested a grace period for the residents and thanked Mr. Fahrion for that consideration. He stressed that this is now the second year for this type of action and most residents should be aware of the process. He questioned the potential that a 90 day delinquency might still be within the same billing period. Mr. Fahrion clarified the billing schedule and noted that even those bills due in April of this year are now 120 days delinquent. Mayor Washburn noted changes to this process to only address residential properties and the requiremnet that the service be obtained by the property owner. Mayor Washburn opened the public hearing at 7:21 p.m. aSking those persons interested in this item to speak. The following person spoke: Thomas Hundshamer, 805 W. Broadway, noted that he recently was informed that leased property within the City must be contracted for trash service by the owner. He expressed concern with being required to go to CR & R and contract service for each new tenant. Mr. Fahrion clarified that the property owner would only need to contract for services u_ ~+__~~_~ +h~+ +h~a ho~~mo ~ rONlliromon~ ho"~ll~o .... ..... PAGE FIVE - CITY COUNCIL MINUTES - JULY 25, 1995 COLLECTION OF ALL 90 DAY DELINQUENT RESIDENTIAL ACCOUNTS AS OF JUNE 1, 1995 THROUGH THE PROPERTY TAX ROLL AND DIRECT THE CITY CLERK TO FILE SAID RESOLUTION WITH THE RIVERSIDE COUNTY ASSESSOR. RESOLUTION NO. 95-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AFFIRMING THE REPORTS OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLL. 22. Public Hearinq - city Wide Liqhtinq and LandscaDe Maintenance District Fiscal Year 1995-96 Assessments - Resolution No. 95-56. (F:22.2) City Manager Molendyk noted that this is the second required public hearing for this District. He indicated that there is an increase of approximately $4 per month per household. Mayor Washburn opened the public hearing at 7:27 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:28 p.m. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 95-56 SETTING THE FISCAL YEAR 1995-96 ANNUAL ASSESSMENTS. RESOLUTION NO. 95-56 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. BUSINESS ITEMS 31. Second Readinq - Ordinance No. 1001 - relatinq to Business Taxes. Licenses and Requlations. (Fi34.1) MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 1001 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5 OF THE MUNICIPAL CODE REGARDING BUSINESS TAXES, LICENSES AND REGULATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI PAGE SIX - CITY COUNCIL MINUTES - JULY 25, 1995 Mayor Pro Tem Bender commended the Planning Commission for their work on this item and indicated that he feels they have developed a good product and project. He expressed concern for the left turn lane exit and noted discussion in the report of a 480 vehicle count. He questioned the current traffic count. Public Services Director Tecca indicated that he did not have the current count, but noted that the left turn pocket is designed for the ultimate buildout of that area. He indicated that he believes the current traffic count is about half of that ultimate number. - Mayor Pro Tem Bender commended the Unocal representatives on their "cup Handbook" and questioned the portion regarding the beer and wine permit. He expressed concern that the 5 foot from the door coolers might be easy targets for "grab and run" incidents. Ray Benboali, representing Unocal, indicated that beer and wine is a small portion of their business. Mayor Pro Tem Bender stresssed his concern for coolers within five feet of the doors and suggested that there be no coolers in that area. Mr. Benboali indicated that the proposed floor plan is designed with the coolers away from the doors. Mayor Pro Tem Bender commended Unocal on their policy preventing sales of single cans. Councilwoman Brinley questioned the employee hours during which only 21 year olds would be allowed to work. Mr. Benboali clarified that during other hours 18 year olds are allowed to sell alcohol. City Manager Molendyk noted that this will be a company run station, rather than a franchised operation. Councilwoman Brinley requested that this be -- revised to allow only 21 year olds to sell alcoholic beverages. Councilwoman Brinley supported Planning Commission's inclusion of the Handbook as a condition of the project and requested confirmation that the graffiti removal program would act within 72 hours. Mr. Benboali confirmed the 72 hour response and stressed their concern for quality control. Councilwoman Brinley questioned the size of the proposed monument signs. Community Development Director Leslie indicated that they have not yet submitted the final sign program, however a monument sign is proposed at Railroad Canyon Road and Grape Street. He further indicated that it can be no taller than six feet unless it is on a berm. He also indicated that a pole sign is proposed at the opposite end of this project; in addition to the electronic sign previously discussed. Mayor Pro Tem Bender requested an explanation of the layout ~n~ l~~~~~~n ~~ ~n;~ ~~~~O~~ ;n ~o'~~;~n~h;~ ~~ ~~ho~ fr;r;~~: rt:, ;~,,;t-,,:, PAGE SEVEN - CITY COUNCIL MINUTES - JULY 25, 1995 Councilman Pape noted the odd shape and size of this lot and commended staff and Unocal for their cooperation in designing this project. He indicated taht it would be nice to have the electronic sign for local event advertising. - MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY A VOTE OF 3 TO o WITH ALONGI ABSENT AND WASHBURN ABSTAINING TO ADOPT MITIGATED NEGATIVE DECLARATION 95-2 AND APPROVB COHKERCIAL PROJECT NO. 95-3 BASED ON EXHIBITS "A" THRU "F", THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL; AND APPROVED THE AMENDMENT OF THB CUP HANDBOOK TO ALLOW ONLY PERSONS OVER 21 YEARS OF AGE TO SELL ALCOHOLIC BEVERAGES. Findinas 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 95-2 for the site, the proposed project is not anticipated to result in any significant adverse impacts. 2. The project, as proposed and conditioned complies with the Goals, Objectives and Policies of the General Plan, and the Zoning District in which it is located. 3. Conditions and safeguards pursuant to Chapter 17.82.080 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accorance with the Objectives of Chapter 17.82. - 4. That this proposed use, on its own merit and within the context of its setting, is in accordance with the Goals, Objectives and Policies of the Lake Elsinore General Plan. 5. That the requested use, as propoesed will not be deterimental to the general health, safety, morals, and welfare of the persons residing in the neighboring area or the City. 6. That the site is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by the Zoning Ordinance. 7. Adequate conditions and safeguards pursuant to section 17.76.050 have been incorporated in the approval of the variance to insure development of the property in accordance with the objectives of the General Plan and the purpose of the planning district in which the site is located. - n C"___": _, _..: __...._.,.....""'llo'll"t._""'.,.. ""'...,..:,..... ~"....,.,,~....+- +-" +-'h~ 'r'\"""''r'\''''''~~ """..(: PAGE EIGHT - CITY COUNCIL MINUTES - JULY 25, 1995 from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Conditions of Approval - Planninq Division 1. Design Review approval for Commercial Project No. 95-3, Conditional Use Permit No. 95-6, and, Variance 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. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Director or designee. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. The electrical panel proposed to be constructed on elevation 4 shall be constructed with the same exterior materials, texture, and color as the building wall prior to certificate of Occupancy. - 5. All exterior down-spouts shall be constructed within the interior of the building prior to certificate of Occupancy. 6. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened with architectural elements comoatible with the orooosed desiqn so that thev are not visible from neiqhborinq orooerty. oublic streets. and the 1-15. Screening plan, if determined necessary, shall be approved by the Community Development Director or designee, prior to issuance of building permit. 7. The back area adjacent to the 1-15 off-ramp shall be fenced using a decorative wrought-iron fence. Revised site Plan and/or Precise Grading Plan shall reflect this condition. 8. The approval for the sale of alcohol shall be limited ~"'" +-J..._ __,_ _.&: 1....___ __...::I ....:__ __,__ ......~ _______"'1 PAGE NINE - CITY COUNCIL MINUTES - JULY 25, 1995 12. Employees on duty selling beer and wine shall be 21 years of age at all times. - 13. Window area can not be obscured with posters and advertising to the point that police patrols will not be able to see into the food-mart. 14. Materials and colors depicted on the materials board shall be used unless modified by these conditions, the community Development Director or his designee. 15. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 16. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements prior to issuance of building permit. 17. Meet all Riverside County Health Department requirements. 18. Meet all Riverside County Fire Department requirements. 19. No outdoor storage shall be allowed. 20. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, - 21. All roof ladders and accessory equipment shall be located within the interior of the building or in specially designed areas concealed from public right- of-way view. 22. Applicant shall use roofing materials with Class "A" fire rating. 23. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches entrances and crosswalks. 24. A Sign Program encompassing all signage shall be prepared and submitted to the Planning Commission for review and approval. 25. 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%). ;::\\ ]).11 n1;::\nt-;nrr ;::\ro;::\C! C!h:::ll11 h:::llUO norm:::llnoni- :::lln~ PAGE TEN - CITY COUNCIL MINUTES - JULY 25, 1995 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 feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. .... g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of instal- lation 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. k) The rear elevations of the building shall be treated with heavy landscaping planting along the two sides with shrubs and trees of substantial size to be determined by the City's Landscape Architect. 26. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 27. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Prior to final precise grading plan approval, applicant shall submit a lighting plan or reflect on subsequent building plans security lighting for the site, subject ro rhp rpv;pw ~nn ~nnrov~l of P'~nn;nn n~n~rrm~nr PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 25, 1995 30. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 31. Trailers utilized during construction shall be approved by the Planning Division with appropriate bonds posted to insure removal at development completion. 32. On-site surface drainage shall not cross sidewalks. 33. parking stalls shall be double-striped with four-inch (4") lines two-feet (2') apart. 34. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 35. 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. 36. This project shall be subject to the Mitigation Monitoring Program contained in Mitigated Negative Declaration No. 95-2. 37. 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. 37a. The applicant shall comply with the format program outlined within the CUP Handbook proposed by Unocal 76 as submitted to the City and date stamped July 19, 1995. The CUP Handbook, Off Premises Beer and Wine, is to be revised to indicate the age of employees on duty selling beer and wine shall be 21 years of age at all times, and two copies submitted for the case records. 37b. Prior to the release of building permits, the applicant shall redesign the sheathing around the columns supporting the proposed pump island canopy in a motif more in keeping with the Spanish Mission architectural style of the rest of the proposed structures and the goals of the City'S Community Design Element of the General Plan. Design and color shall be submitted to the satisfaction of the Community Development Director. Conditions of Approval - Engineering Department 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time building permit is issued. 39. Dedicate underground water rights to the City PAGE TWELVE - CITY COUNCIL MINUTES - JULY 25, 1995 42. Submit a "Will Serve" letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 43. 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 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 Riverside County Road Department Standards, latest edition, and City codes (Lake Elsinore Municipal Code 12.04 and 16.34). 45. If the existing street improvements are to be modified, existing street plans on file shall be modified accordingly and approved by the city Engineer prior to issuance of building permit. 46. 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). 47. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. __ 48. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 49. Provide street lighting and show lighting improvements on street improvement plans as required by the city Engineer. 50. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 51. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the city Engineer. 52. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 53. If grading exceeds 50 cubic yards, grading plans shall PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 25, 1995 55. Developer may have access to Grape st. by 2 driveways which shall be right-turn out only. Developer may modify the existing raised median on Grape st. to allow a left turn into one of the driveways. Modification of the median shall not allow left-turns out of the site by use of a "worm" type design to be approved by the City Engineer. 56. Developer shall make a deposit to insure that 5 traffic reports (one each year) are completed. The traffic report shall follow standard traffic engineering practices subject to the approval of the City Engineer. The median opening shall be closed when the peak hour traffic volume for the northbound left turn on Grape st. at the intersection of Railroad Canyon Rd. exceeds 480 vehicles. If a traffic safety and/or gridlock pattern develops before the above traffic volume is exceeded that is related to the median opening, the median opening shall be closed. The traffic report shall be submitted to the City Engineer by November 1st of each year. The developer shall also bond or make a deposit for the reconstruction of the median in the future, removing the opening in the median. 33. Consideration of Implementation of Leqislation concerninq Orqan Donors. Mayor Washburn indicated that he brought this issue up at the last meeting and noted the packet of materials presented with this item. He recognized Jerry Harmatz to explained the proposed legislative change. Jerry Harmatz presented statistics with regard to organ donors and stressed the cost of transplant operations. He noted that they will be opening an office at Main/Graham to obtain public input and comments on the proposed program. Mayor Washburn clarified that this program would require a change in the law and his intent would be to seek Council support to send on to the legislators. Mayor Pro Tem Bender indicated that this is truly an issue which needs more publicity and public supprot, but expressed concern with preserving the right to not participate in such a program. He stressed the strong religious and personal beliefs in this area, and indicated that this would be a difficult proposal for him to support. Councilwoman Brinley thanked Mr. Harmatz for making accommodations for discussion in this area, noting that the proposal has its pluses and minuses. Mayor Washubrn indicated that he intends to discuss this proposal with Senator Haynes. PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 25, 1995 the cost and difficulty in finding suitable donors and organs. Mayor Pro Tem Bender inquired what other countries already have such a program. Mr. Harmatz indicated that Belgium, Singapore, France, Finland and Norway have this type of program. He further indicated that establishment of this program could solve the current organ donor shortages in three to five years. - Mr. Harmatz indicated that he would be bringing additional information back to the City Council. 34. Resolution No. 95-57 - Confirminq Placement of Nuisance Abatement costs on Property Tax Rolls. (F;32.4) City Manager Molendyk explained that this is an annual, procedureal step. Building & Safety Manager Russell detailed this item and confirmed that it is a procedureal year end action. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 95-57. RESOLUTION NO. 95-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH __ PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. THE CITY COUNCIL MEETING WAS RECESSED AT 8:00 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:02 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Lela Cardoza, 300 Ellis Street, expressed concern with the Senior citizen Lunch Program and the requirement that the participants provide their age and social security numbers to be served. She detailed an incident at the Senior Center in this regard. Barbara Anderson, representing the Black Art and Culture Club, detailed the upcoming fundraising picnic to be held on July 29th from 1 to 5 p.m. at Yarborough Park. Chris Hyland, 15191 Wavecrest, inquired whether the refinancing PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 25, 1995 - Mariana Mohylyn, 305 W. Sumner, questioned Mayor Washburn with regard to his discussions with RTA for increased bus service and Sunday bus service. She opposed Item #34 of this agenda and the abatement process. She also opposed Item #7 of this agenda indicating that this type of action caused her to loose her 80 acres. CITY MANAGER COMHENTS City Manager Molendyk commented on the following: 1) Four Corners Storm Drain Project with Riverside County Flood Control District. He indicated that the city has not accepted that job, nor has the Flood Control District. Public Serivces Director Tecca further explained that the job had not been completed as there are six catch basins and a "punch-list" of approximately 73 items pending. He noted that the punch list includes items which primarily relate to paving; and indicated that they have been asked to regrind the pavement and replace it. 2) Turn-pocket at Senior Center. Mr. Tecca explained that this project has qualified for Federal Funds and detailed the proposed project which is currently being designed. 3) Limited Street Groundbreaking. Mr. Tecca advised that the contractor is anxious to begin work on this project and announced that the groundbreaking is scheduled for August 2, 1995 at 10 a.m. - 4) Raceway Project. Noted recent negative comments and advised that as of this date the check was submitted to the city to begin the necessary environmental work for this project. 5) Senior Meals Program. Clarified that the forms mentioned during public comments are required to comply with the federal funding requirements, and help to eliminate fraud. 6) Stadium property. Noted that the property was donated. City Attorney Harper indicated that he would be happy to respond to written questions as stated by Mrs. Hyland. CITY COUNCIL COMHENTS Councilwoman Brinley commented on the following: 1) McVicker Park Dedication. Indicateed that it is a lovely park with very nice baseball diamonds. She questioned whether the trails are now tied in with the County System. Community Services Director Sapp ;...1'1; ,..""+-01'1 +-h",,+- +-hou T.,;" no +-; 01'1 ion +-ho +-,.."";, C!UC!+-O'm ""+- PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 25, 1995 councilman Pape commented on the following: 1) Indicated that he was pleased to hear that the Red Lion Project is on track. Concurred that the McVicker Opening was very nice and noted the innaugural city baseball game, in which the City representatives beat the Centex representatives. 3) Complimented staff on the completed temporary road near the Lakeshore Drive Bridge project. He noted that it will also be helpful when Highway 74 is closed for construction. 2) - Mayor Pro Tem Bender commented on the following: 1) Noted that he caught the ball and a good time was had by all at McVicker Park. He indicated that it is a beautiful, peaceful and serene park. 2) Thanked the City Manager for providing updates on capital improvement projects underway; and noted that he received questions on those items at the Senior Chili Cookoff. 3) Noted the upcoming Community Pride Event. Mayor Washburn commented on the following: 1) Noted that Mayor Pro Tem Bender made a home run in the City/Centex game at McVicker Park. 2) Announced the upcoming Community Pride Night event at the Lake Elsinore Diamond on August 9, 1995; and noted the fundraising opportunities offered to local non- profit organizations. Community Services Director Sapp detailed the event and noted that tickets are available at the Community Services Office in City Hall. -' CLOSED SESSION None. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:30 P.M. i, ~a\1}11li~jJ 'GARY . WASHBURN, KAYOR CIT LAKE ELSINORE