HomeMy WebLinkAbout04-26-1994 City Council MinutesMIN[JTES
REGIILAR CIT% COUNCIL MEETING
CITY OF LARE ELSINORE
183 NORTH MAIN 3TREET
LARE ELSINORE~ CALIFORNIA
TOESDAYe APRIL 26B 1994
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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 Mayor Washburn
MAYOR WASHBURN ASKED TIiAT THE AUDIENCE REMAIN STANDING AND CALLED
FOR A MOMENT OF SILENCE IN HONOR AND MEMORY OF PRESIDENT NIXON.
ROLL CALL
PRESENT:
ABSENT:
ALONGI, CHERVENY DOMINGUEZ,
WINKLER, WASHBURN.
NONE.
Also present were: City Manager Molendyk, Assistant City manager
Rogers, City Attorney Harper, Administrative Services Director
Boone, Acting Chief Building Official Russell, City Planner Leslie,
Community Services Director Sapp, Public Services Director Tecca,
Manager of Special Projects Watenpaugh, City Treasurer Pape and
Deputy City Clerk Bryning.
A. Proclamation - Dorothv Lineberrv. (F:122.1)
Mayor Washburn read the proclamation and presented it to
Dorothy Lineberry and commended her for her accomplishment in
winning her age division for the Los Angeles Marathon. Mrs.
Lineberry shared her experience and thanked Council.
B. Proclamation - 100 years of Education in Lake Elsinore.
(F:122.1)
Mayor Washburn read the proclamation for 100 years of
Education in Lake Elsinore and presented it to School
Boardmember Corral, Superintendent of Schools Long and
President of the Board Martineau. Mrs. Corral explained that
she is the Chairman of the l00 Year Anniversary of Lake
Elsinore High School and named some of the accomplishments of
past students of Lake Elsinore High School, and thanked
Council for the proclamation.
C. Proclamation - Be Kind to Animals Week. (F:122.1)
Mayor Washburn read the proclamation recognizing "Be Kind to
Animals Week" and presented it ~o Yrene Miles and Liz White
from L.E.A.F. Mrs. Miles thanked Council for the proclamation
and invited the public to attend the activities at the Animal
Shelter during the first week of May.
PAGE TWO - CITY COIINCIL MINUTES - APRIL 26s 199~
D. Introduction of 1994 Frontier Davs Rodeo Oueen Contestants
(F:108.4)
Mayor Washburn then introduced Miss Jennifer Carter former
Rodeo Queen of Lake Elsinore. Miss Carter introduced the
contestants from the different divisions for the Frontier Days
Rodeo Queen and invited the public to attend the competition
and pageant.
PUBLYC COMMENTS - AGENDIZED ITEMS
12equests were receivecl to address the following items:
Ytem Nos. 21, 22, 34, 37.
CONSENT CALENDAR
The following items were pulled from tfie Consent Calendar:
Items Nos. 2, 8, 7.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRYED BY UNANIMOUS VOTE
OF THOSE PRESENT TO APPROVE THE BALANCE OF TIiE CONSENT CAI,ENDAR AS
PRESENTEDo
1. The following Minutes were approved:
(F:44.4)
a. Joint Study Session with E.V.M.W.D. Board - March 30,
1994.
b. Special Joint City Council/Redevelopment Agency Meeting -
March 31, 1994.
c. Regular City Council Meeting - April 12, 1994.
The following Minutes were received and ordered filed:
(F:60.3)
d. Planning Commission Minutes - April 1994e
3. 12eceived and ordered giled the Code Engorcement Activity
%teport for Marcfi, 1994. (F:54.1)
4. Ratified the Warrant List for April 15, 1994. (F:12.3)
5. fl2ejected and referred ~o Claims Administrator for handling,
the Claim Against the City Against the City submitted by Ted
Harries (CL ~94-6). (F:52.2)
6o Approved NYodified Schec3ule C for Community Facilities District
90-3 (North Lake Elsinore Hills) - Modification of funding and
Acquisition Agreement Schedules. (F:22.3)
ITEMS PULLED FROM CONSENT CALENDAR
2. I,.E.A.F'. Animal Control Activitv Iteoort - March 1994
(Fe18.2)
Councilman Alongi commended L.E.A.F. and the job they have
done this year. He pointed out the improvements that have
been made in pet adoption and the drop in the amount of dogs
and cats impounded and euthanized.
MOVED BY ALONG2, SECONDED BY CHERVENY AND CARRIED BY UNANyMOUS VOTE
TO APPROVE THE L.E.A.F. ANYMAL CONTROL ACTIVYTY REPORT OF MARCH,
1994.
PAGE THREE - CITY COIINCIL MINIITES - APRIL 26e 1994
7. Special Counsel Aareement - Foreclosure Actions.
(F:68.1)
Councilwoman Cherveny questioned the charge of $150 per parcel
and after that $150 an hour and asked how many parcels were
being discussed. City Attorney Harper stated that the total
number was 100. He e~cplained that all costs related to
foreclosures are recoverable as a part of the foreclosure
process with attorney's fees and costs added to the bill.
Councilwoman Cherveny asked if the City would have to pay the
$150 dollars up front and then as the monies are collected the
City would be reimbursed. City Attorney Harper stated that we
would.
City Attorney Harper explained that excluding the Major
Developer who may have Mello-Roos property in bankruptcy or is
going into bankruptcy or is regulated by the RTC, normally a
more serious letter from the attorney gets the response and
that portion of taxes can be paid separately. Bankruptcy
procedures stays any procedure, even the City's action.
Councilwoman Cherveny stated that it has been portrayed that
there are no costs to the City through a Mello-Roos and she
stated that there are costs if the property goes into
delinquency. City Attorney Harper stated that the $15o will
come out of the reserve fund of the Mello-Roos and will not
directly fund any parceL
Councilwoman Cherveny asked why the City of Lake Elsinore is
entering into an agreement if the City does not have to pay.
City Attorney Harper stated that if he were handling the case,
there would be no need for a separate agreement, but since the
City is hiring another attorney not in his firm then it is
necessary to enter into an aqreement with that attorney. He
explained that the bond covenants require that after a certain
period of time that property taxes remain delinquent, the City
is obligated to commence foreclosing proceedings. He further
explained that the attorney that he suggests that the City
retain specializes in this type of procedure and is most cost
effective in time spent.
Councilman Dominguez stated that he knows that this item is a
specialty, but there has been direction to act upon other
delinquencies and he has seen no action at this time. He
asked if he could condition this agreement to include all
other delinquencies.
City Attorney Harper stated that the delinquencies address
both the City and Redevelopment Aqency. He explained that
~hree months ago he was directed to file action against any
RDA loans and the DBA. In preparation of the action he
discovered that the motion was to proceed against the DBA
only. Therefore, while he is prepared to file the actions he
has not, but will upon proper direction. He stated that if
the item is agendized for the next meeting he will be happy to
proceed after action is taken.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO APPROVE THE SPECIAL COUNCIL AGREEMENT REGARDING FORECLOSURE
ACTION AND APPROVE RESOLUTION NO. 94-23 AS FOLLOWS:
RESOLUTION NO. 94-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
PAGE FOUR - CITY COIINCIL MINIITES - APRIL 26s 1994
~LSINORE ORDERING FORECI~OSURE ACTIONS AND APPROVING SPECIAY~
COUNSE% AGREEMENTo
8. Contract with BSI Consultants, Inc for Enaineering Services
(F:68,1)
Councilman Alongi explained that had the Election been held ira
April as it has been in the past, ~here would have been new
Councilmembers at the Council table tonighto Iie stated that
he would like to extend the contract for 90 days and give the
new members that will be on Council the opportunity to vote on
this agreement. He stated that the new Council would not take
seat until July and there are a number of important issues
that will be coming up and they should have the opportunity to
vote on them.
MOVED BY ALONGI, SECONDED BY CHERVENY TO EXTEND THE CONTRACT FOR 90
DAYS TO GIVE THE NEW COUNCIL THE OPPORTUNITY TO VOTE ON THE
CONTRACT.
City Attorney Harper stated that one of the purposes for
considering this contract is for liability. Under the current
contract there is some problems with the insurance and this
contract is to rectify these problems.
MOVED BY WASHBURN, SECONDED BY WINKLER BY A SUBSID%ARY MOTION WAS
APPROVED WITH A VOTE OF 3 TO 2 WITH ALONGY AND CHERVENY CASTING TAE
DISSENTING VOTES TO APPROVE THE CONTRACT WITH BSI CONSULTANTSs YNC.
COUNCILWOMAN CHERVENY ASKED TO HAVE HER VOTE AMENDED TO A YES VOTE.
PUBLIC HEARYNGS
21.
City Planner Leslie gave an overview of ~he project and
explained that it is the general feeling of the Planning
Commission that this amendment represents an improvement to
the original plan. He stated that there are summarizes,
modifications and conditions which the Planning Commission
recommends. Mr. Leslie explained that the applicant is
proposing to include: restricting 68~ to a senior and/or a
retired houseYaold; moving higher density units bac7c into the
canyon away from the existing residential units; moving units
off the main ridge line between Leach Canyon and McVicker
Canyon ancl will be placed down into the canyon; moving the
golf course off of the ridgeline and the club for the golf
course back i.nto the canyon; make Laguna Heights Drive South
of Toft a primary entrance into the project. Yie stated that
the plan does not reduce the number of units that was
previously allowed. He gave an overview of the changes to the
Conditions of Approval.
The Mayor opened the public hearing at 7e31 p.m. and asked the
applicant to speak.
Richard Stephens, Director of Planning for the Keith
Companies, spoke in favor of the project and outlined the
improvements for the Specific Plan Amendment #1. He gave his
rr':15u,z~
Councilman Winkler made himself absent from the room due to a
conflicic of interest.
PAGE FIVE - CITY COUNCIL MINIITES - APRIL 26~ 1994
opinion of the benefits that the community will receive from
Laguna Heights project.
David Gottlieb, Western Company, made the statement that it
was the developer's desire to work with all parties to create
the least amount of impact to the surrounding neighborhood
with the highest and best use of the plan. He gave an
overview of the changes that Western Company made to conform
to the demands of the surrounding neighbors.
Mayor Washburn then called upon those persons who submitted
requests to speak.
Lea Routledqe, 14505 Amorose, spoke in opposition to the
project and stated that she still objected to the density.
Patricia Lee Nolan, 30620 Plumas, spoke in opposition to the
project and expressed her appreciation to the developer for
the changes that were made, but she still has concerns
regarding traffic and the danger to the residents in the area.
Ace Vallejos, 15231 Cobre St., spoke in opposition to the
project and stated that there will be a reconsideration of
motion at LAFCO and stated that there should be the right to
vote.
Marie Locke, 15025 Monty Court, spoke in opposition to the
project and stated that she has concerns regarding the traffic
circulation and the impact to the hill side and the
obstruction of the view.
Lee Bulen, 14949 Toft Street, President
Ranch Homeowners Association, spoke in
project and stated that they still have
density, traffic, access to the project
stated that plan is not consistent
neighborhoods.
of the Brookstone
opposition to the
concerns regarding
and services. Ae
with the existing
David Buchanan, 30831 Plumas, spoke in opposition to the
project and stated his objection to the proposed roadway.
He asked who is going to fund the project and where are
the funds going to come from for the fire station.
A1 Knight, 30570 Brookstone Lane, spoke in opposition to the
project and stated that Laguna Heights Drive South will be in
direct conflict with the CC & R~s and stated that he felt that
drainage was not properly addressed. He questioned the
ability of the developer to finance this project.
H. John Kelly, 14845 Amorose, stated that he would like to
assist should Council have any further questions.
Mayor Washburn asked if the applicant would like to respond to
any of the comments.
Richard Stephens, The Keith Companies, responded to the fact
that his company has provided a design manual for the ridge
line and stated that the Council, Planning Commission and
Design Review would have the ability to state their criteria.
He explained that all the conditions of approval are binding
to the project and will be complied with. He explained the
benefits of the project and the type of regulations which the
project would have to comply with.
PAGE SE% - CITY COIINCIL MINUTES - APRIL 26s 1994
Mayor Washburn asked why the trail systems was not on the map
since it is one of the conditions and why does the map show
two equestrian centerso
Mr. Gottlieb stated that the Laguna Heights project will not
increase the flows and the existing drainage wash and the peak
fYow condition. Since the project will not impact the down
stream conditions no improvements have been planned with the
improvements on site. He explained that the project would
have retention basins and desilting basins to aid in the down
stream discharged. Mr. Gottlieb stated ~hat 888 units is as
low as the project can go, however they have tried to mitigate
the impact of the number of units as much as possible. He
explained that they have tried to make the project as
compatible as possible to the neighboring lotse He stated
that in the traffic mitigation measures in the E.I.R. include
traffic signalization and explained the location of the signal
and explained that they will comply with the wishes o£
Council.
Mayor Washburn then asked if anyone else wished to speak. The
following person spokee
Dana Kauffman, 30610 ~rookstone Lane, stated that she was imm
opposition to the project due to the impact on her life style.
She stated that the major attraction of her property is the
fact that it is outside of the City and is in a rural area.
She criticized the actions of the City and stated that she
does not wish to be a part of the City. She expressed her
concerns regarding the traffic circulation.
Mayor Washburn closed the public hearing at 8:22 p.m.
Councilman Alongi stated that he felt ~hat Council has
reviewed this project and that they are in compliance with the
requirements of the City. He explained the problem of
progress and stated that there was better cooperation between
~he developer and surrounding residents. He stated that his
decision has to be made by the requirements of the City and
not what ~he County has done. Councilman Alongi stated that
he does not appreciate the insults made about the City of Lake
Elsinore and stated his pride in the City. He explained that
this is just the beginning of the project and it will be
brouqht back before the Planning Commission and Council as the
project progresses and the City will demand a quality project.
He stated that he is in favor of the development, however he
is not in favor of the opposition annexing to the City if that
is not what tfiey want, but stated that it would be a good
tlaing.
Councilman Dominguez stated that he felt that the applicant,
staff and Planning Commission have done a good job. He stated
that ~his project has been in progress for the last four years
and he explained that he felt that this project would get
done. Councilman Dominguez stated that he felt that the
developer has and will meet the desires of the City.
%IOVED BY DOMINGUEZ, SECONDED BY ALONGI TO CERTIFY ADDENDUM TO EIR
~ASED ON THE FINDINGS AND ADOPT RESOLUTION NO. 94-24 AND APPROVE
AMENDMENT #1 TO THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 BASED ON THE
FYNDINGS AND ADOPT ORDINANCE NO. 978 AS FOLLOWS:
PAGE SEVEN - CITY COi1NCIL MIN[JTES - APRIL 26~ 1994
RESOLUTION N0. 94-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE ADDENDUM TO THE ENVIRONMENTAL IMPACT
REPORT 92-1 AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO.
ORDINANCE NO. 978
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AMENDMENT #1 TO THE LAGUNA HEIGHTS
SPECIFIC PLAN 92-3 FOR GOOD LAND INVESTMENT (THE WESTERN
COMPANY).
AYES: COUNCILMEMSERS: ALONG, DOMINGUEZ
NOES: COUNCILMEMBERSt NONE
ABSENTt COUNCILMEMBERS: WINKLER
ABSTENTIONS: COUNCILMEMBERS: CHERVENY, WASHBURN
THE MOTION FAILED.
Councilman Winkler then returned to the meeting room.
City Attorney Harper explained that the abstentions were a
consequence of potential financial conflicts of interest. He
further explained that what the statute provides is that in
the event that there is not a quorum as a consequence o£
abstentions and it is necessary for the quorum to consider the
matter, Tots are drawn for one of the abstentions to vote.
City Attorney Harper stated that it would not necessarily be
a pro vote, but to establish a quorum.
Mayor Washburn asked the City Attorney to clarify the action.
City Attorney Harper e~lained that what the Fair Political
Practices Act says is that in the event there is a situation
where there are not enough non disqualified members to make a
decision that by lot a name is drawn of one of those who is
disqualified to make the quorum. He explained that this is
a State Law. He stated that none of the Council will directly
benefit from this vote.
Deputy City Clerk Bryning then called roll for the vote as
follows:
AYES:
NOES:
. ALONG, DOMINGUEZ, CHERVENY
. NONE
ABSENTo COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: WINKLER, WASHBURN
THE FINDINGS AND CONDITIONS ARE AS FOLLOWS:
FINDINGS - AMENDMENT #1 TO SPECIFIC PLAN 92-3s
1. The Laguna Heights Specific Plan meets the City~s Specific
Plan criteria for content and required implementation of the
General Plan established by Section 65450 et seq. of the
PAGE E%GHT - CIT% COIINCIL MINIITES - APRIL 2bo 1994
California Government Code and Section 17.99 of the City of
Lake Elsinore Municipal Code.
2. This Amendment to the Laguna Heights Specific Elan is
consistent with the Goals, Policies and Objectives of the
General Plan and with any other applicable plans or policies
adopted by the City.
The Development Regulations contained within the Specific Plan
and its amendment supersede otherwise applicable City
ordinances and codes, unless specifically stated to the
contrary in the Specific Plan. Approval of the Specific Plan
~~~~$aho~ l:~a$at&~qm$e~dC~ 6ta~esng compliance with other1179X
4. This request will not result in any further significant
environmental impactsa All environmental impacts have been
addressed by EIR 92-1 (certified on September 14, 1993) and
its subsequent Addendum.
5. The proposed location of the project allows certain aspects of
the development to be well-integrated with its surroundings
and other areas to be adequately buffered.
6. All vehicular traffic generated by the development, either in
phased increments or at full build-out, taill be accommodated
safely and without causing undue congestion upon adjoining
streets.
Except as limited by State Law, including SB 1287, the
Specific Plan identifies methodologies to allow land use to be
adequately serviced by existinq or proposed public facilities
and services.
8. The overall design of ~he Specific Plan wi1Y produce an
attractivea efficient and stable development.
9. The proposed project will not be detrimental to the health,
safety, comfort or general welfare of ~he persons residing or
working within the project area or within the City, nor will
it be injurious to property or improvements in the project
area or within the Citya
FYNDYNGS - ADDENDOM TO ENVIRONMENTAL YASPACT REPORT 92-3
1. The Laguna FIeights EIR was prepared, submitted and reviewed in
accordance with the requirements of the California
Environmental Quality Act and the City's CEQA guidelines, and
is complete and adequate in that it addresses a11
environmental effects of the project and discretionary
approvals required therefore. This is also true of its
subseguent addendum.
CONDITFONS OF APPROVAL FOR SPECIFIC PLAN 92-30
le The text of the June 1~s 1993 version of the Laguna Heights
Specific Plan shall be revised to incorporate any corrections
ancl revisions and ammy typo-graphical errors subseguent to
their approval, A final Specific Plan shall be submitted for
review and approval by the Community Development Director or
his designee within 30 days of approval by the City Councile
No permit shall be issued until final administrative approval
og ~he Specific Plan by the Community Development Director or
his designee.
PAGE NINE - CITY COUNCIL MINtTTEB - APRIL 26~ 1994
Prior to the issuance of any grading permits, the Applicant
shall submit a final grading plan, subject to all requirements
of the City Grading Ordinance, and a geo-technical report to
the Public Services Director for approval. The geo-technical
report will primarily involve assessment of potential soil-
related constraints and hazards such as slope stability,
settlement, liquefaction, or related seismic impacts
where determined to be appropriate by the Public Services
Director. The report shall also include evaluation of
potentially expansive soils and recommended construction
procedures and/or design criteria to minimize the affects of
these soils on the proposed development.
3. The grade for local streets shall generally not exceed nine
percent (9$) with the exception that grades up to a maximum
of fifteen percent (15%) will be considered because of design
constraints with the approval of the City Engineer.
4. Grading shall not be permitted outside the area of the
designated project boundary unless appropriate approvals have
been obtained.
Prior to the recordation of a final tract/parcel map or prior
to the issuance of any grading permits, whichever comes first,
the Applicant shall design the following improvements and
provide necessary dedication in a manner meeting the approval
of the Public Services Director:
All provisions for surface drainage; and
All necessary storm drain facilities to a satisfactory
point of disposal for the proper control and disposal of
storm runoff.
6. Prior to issuance of a grading permit, grading and
construction plans shall incorporate erosion control measures.
7. All open space and slopes outside the public right-of-way
shall be owned and maintained by either the master home-
owner's association or private owners. All open space areas
owned by the homeowner's association shall be offered for
irrevocable dedication to the City.
8. All structures shall be designed to incorporate all state and
local water conservation regulations, subject to the approval
of the Community Development Director.
9. Applicants shall incorporate energy-efficient features and
passive design concepts, in the design and construction of the
project.
10. Applicants shall incorporate the use of solar energy and waste
heat recovery systems to reduce energy consumption into the
project design.
11, Applicants shall consult with SCE and SCG in the selection of
effective energy conservation techniques and the installation
of additional, project-related infrastructure.
CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 92-3
12. Applicants shall install building and energy conservation
measures in compliance with Title 24, CRC Sections 2-5307(b)
PAGE TEN - CYTY COIINCIL MINIITES - APRIL 26s Y994 -
and 2-5452 (i) and (j), and Title 20, CRC Sec~ions 1604 (f)
and 1601 (b)e
13. The development sha31 include facilities to promote
circulation efficiencies, such as bus stops and turnouts.
P1ans for these facilities shall be incorporated into the
street improvement plans for each development pfiase.
14. All residential lots and dwellings shall be sound attenuated
aqainst present and projected noise which shall be the sum of
all noise impacting the Projec~ so as no~ to exceed an
exterior standard of 60 Ldn in outdoor living areas, and an
interior standard of 45 Db CNEL in all habitable rooms.
15, The design of the Laguna Heights project shall meet all
Riverside County Fire Department standards for fire protection
and any additional requiremen~s requested by the County Fire
Marshall.
16o All deveTopment proposals shall be reviewed by the City of
Lake Elsinore and Riverside County Fire Department to ensure
that adequate fire services are available to serve the
development.
17. Applicant sfiall obtain all necessary State and Federal
permits, approvals, or other entitlements, where applicable,
prior to each phase of development of the project.
l~o The City's Noise Ordinance must be met during all site
preparation activity.
19o Developer shall participate in the City of Lake Elsinore City-
wide Landscaping and Street Lighting District pursuant to
Resolution 88-27.
20. Applicants of future projects within ~he Laguna Heights
Specific Plan area shall acquire the necessary permits for
development, including grading and building permits.
21. Prior to approval of each tentative map, a fault hazards
investigation shall be conducted which will include fault
trenching and utilize precursory geophysical methods within
areas enclosed by the State of California Special Studies
maps, if any structures are proposed in or near these areas.
This study shall be provided by the AppTicant.
22. Documentation of slope stability shall be required when the
type of fill material has been determined to issuance of a
grading permit. All cut and fill grading shall be done under
the supervision of a geo-technical engineer.
23e 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.
24o Prior to tentative map approvala ~he project geotechnical,
civil, and structural engineers shall review seismic seiche
design parameters and incorporate appropriate design standards
anto the site plan.
25. Prior to assuance of grading permits, the Applicant sha13
develop a Spi11 Prevention, Containment and Cleanup Plan for
potential accidental spills of petroleum prevention products
from machinery or above ground storage tanks during
construction.
PAGE ELEVEN - CITY COIINCIL MINUTES - APRIL 26~ 1994
CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 92-3
26. Applicants for individual projects requiring 401 Water Quality
Certification an NPDES construction and storm water permits
shall obtain such permits prior to issuance of city grading
permits.
27. All construction equipment shall utilize properly working
mufflers and be kept in a proper state of tune to alleviate
backfires. Stationary equipment such as generators, shall be
equipped with noise shrouds and shall be placed as far as
possible from sensitive receptor locations. Finally, when
working within sensitive areas, portable noise barriers shall
be utilized to reduce produced noise to the extent feasible.
Construction activity shall be limited to the hours of 7 a.m.
to 5 p.m. Monday through Saturday to protect adjacent
occupants from unreasonable noise and glare associated with
construction.
28. Contractors shall implement the measures to reduce the impacts
of exhaust and dust emissions during construction.
29. Diversion, obstruction of the natural flow, or changes in the
bed, channel, or bank of any river, stream, or lake shall
require notification to the CDF as called for in the Fish and
Game Code. Notification shall be made after the project is
approved by the lead agency.
30. Recycled water shall be utilized where feasible. Where
implemented, recycled water shall be used in accordance with
Title 22, California Administrative Code and is also subject
to the requirements and specifications of the Riverside County
Health Department, EVMWD and the RWQCB throuqh issuance of an
MPDES waste discharqe permit.
31. Prior to approval of the first tentative tract map filed for
property within the Specific Plan, applicant shall have
entered into a school impact mitigation agreement with the
school district. City shall have considered the adequacy of
the school facilities or available means of financing school
facilities to meet the needs and demands of new development
proposed in such tentative map to be approved by the City.
For purpose of this condition, acceptable mitigation provided
for in the School Impact Mitigation Agreement may include, but
is not limited to the following: (a) Utilization of developer
fees, Mello-Roos Community Facilities District financing or
other special district financing, singly or in combination, to
fully fund the construction cost of school facilities
necessitated by the proposed development. (b) Payment or
credit toward school fee mitigation to be provided to the
landowner for the acquisition of a school site located on such
landowner~s property.
32. Applicant shall ensure adequate utility service prior to
occupancy.
33. The Applicant shall comply with all applicable measures as
specified by the city including those found in the city
programs including the City Source Reduction and Recycling
Element and Household Hazardous Waste Eleraent, the county
Solid Waste Management Plan and new county Integrated Waste
Management Plan.
PAGE TWELVE - CITY COIINCIZ MINUTES ° APRIL 26' 199~
34, Submit a letter of verification (will-serve) to the City
Enqineering Department, from the applicable water district,
sta~ing water and sewer arrangemen~s have been made for this
project and all sewer and water easements shall be secured
prior to final map approval.
35. Applicant shall provide all project-related on-site
improvements as specified in the Specific Plan.
CONDITZONS OF APPROVAL FOR SPECIFIC PLAN 92-3
36. The use of some native veqetation shall be incorporated into
landscaping. Native bunchgrasses, wild buckwheat, and coastaZ
sagebrush are examples og native grassland and coastal saqe
scrub species that shall be utilized so as to create as
diverse a plan palette as feasible. Implementation of this
measure would partially mitigate for unavoidable impacts of
the project on natural vegetation in the areae
37. All fu~ure development includinq tentative subdivision maps
shall be consistent with the design standards and guidelines
proposed in the Specific Plan.
38o All future development is subject to the City of Lake Elsinore
Design Review process.
39. The Applicant will work with EVMWD to ensure that there is an
adequate supply of water and pressure to meet fire flow
requirements. Al1 water mains and hydran~s shall be pxovided
in accordance with City of Lake Elsinore Municipal Code,
subject to the approval of the Riverside County Fire
Department.
40. The approved Final Specific Plan shall be filed in the office
of the City Clerk and in the City Planning Division.
41. No building shall be constructed, maintained or used other
tfian for the purpose specified in the approved Final Specific
Plan as required hereinafter.
42o All future proposals shall be reviewed by the City on a
project-by-project basis. If determined necessary by the
Community Development Director or designeea additional
environmental analysis will be requiredo
43. A31 ~abitat resources planned for removal, preservation,
creation, or enhancement are subject to the review and permit
issuance of the U.S. Army Corps of Engineers pursuant to
Section 404 of the Clean Water Act, U.S. Fish and Wildlife
Service and Sections 1601-1603 of the State Department of Fish
and Game, where these Agencies have jurisdiction. Copies of
all permits (404 and 1603) and conditions attached to the
permits shall be submitted to the Community Development
Director or designee for review prior to the removal of any
habitat,
44. Applicant shall comply with the City°s approved landscaping
standards in effect a~ the time of approval of ~his Specific
Plan with respect to the landscaping in medians, parkways,
expanded parkways and adjacent slopes to be maintained by the
City or Landscaping Maintenance District. Landscaping and
irrigation plans shall be approved by the Engineering
Department and Citx's Landscape Architect.
PAGE THIRTEEN - CITY COONCIL MINIITES - APRIL 26~ 1994
45. Except as otherwise provided in the Specific Plan or as
otherwise approved by the City Engineer, roadway standards for
Lake Elsinore relating to the minimum local street radii,
maximum cul-de-sac length, maximum grade and minimum sidewalk
width must be followed.
46. Developer shall comply with all mitigation measures identified
in the Mitigation Monitoring Program adopted with the Laguna
Heights Country Club Final Environmental Impact Report 92-3
and any additionaY measures established within the Addendum to
the EIR.
47. Prior to building permit issuance, the applicant shall conduct
traffic evaluation/traffic counts to the satisfaction of the
City Engineer. Prior to building permits being issued which
would generate more than 800 vehicle trips per day from the
Laguna Heights project on either Toft Drive or Amorose Street,
the applicant shall develop and improve an alternative access
to the site acceptable to the City. Once an acceptable
alternative access is determined an Amendment to the Laguna
Heights Specific Plan shall be submitted to the City for
review and approval that integrates the alternative access in
with the Specific Plan.
48. The minimum lot size for the SFD-3 (Canyon Lots), residential
land use designation within the Laguna Heights Specific Plan
shall be one half (1/2) acre (21,780 square feet), and the
final Specific Plan document shall be revised to reflect this.
49. The keeping of horses as an accessory use in the SFD-3 land
use designation of the Laguna Heights Specific Plan shall be
subject to all of the regulation as set forth in Section
17.20.120 of the City of Lake Elsinore's Zoning Code. The
Final Specific Plan shall be revised to reflect these
regulations. Tentative tract maps for the SFD-3 areas shall
provide for equestrian trails for access to the equestrian
properties and regional trails.
50. The proposed equestrian center as referenced in the Laguna
Heights Specific Plan is outside the boundaries of the
Specific Plan and therefore subject to separate review and
approval.
51. The project drainage plans shall include a system of retention
basins within the project site that will control the amount of
storm water released from the site so that the maximum flow
never exceeds the flows from the natural condition.
52. Construction vehicles shall be prohibited from using Toft
Drive or Amorose Street at any time. Proposed Laguna Heights
Drive South shall be rough graded in the initial grading phase
to provide construction access to the project site. Once
plans are developed for this alternative access they will have
to be reviewed and approved by the City pursuant to Condition
No. 47.
53. The maximum number of dwelling units allowed by the Laguna
Heights Specific Plan dated June 18, 1993 for the Phase III
area as identified on the Phasing Plan, Figure 36, of the
Specific Plan, shall be reduced by a minimum of ten percent
(10~). The area is the prominent ridge line between Leach and
McVicker Canyons and has a land use designation of SFD-2
PAGE EOURTEEN ~ CITY COIINCIL M%NUTES ~ APRIL 26' 5994
pursuant to ~he Specific Plan. This density may be
transferred to the Leach or Dickey Canyon areas of the
Specific Plan subject to the review and approval of the
Community Development Director or their designee.
CONDITIONS OF ~PPROVAL FOR AMENDMENT NO. 1 SPECIFIC PLAN 92-3
All original Conditions of Approval for Specific Plan Amendment 92~
3 approved by City Council on September 14, 1993 shall be in effect
for this amendment (Amendment # 1 to the Laguna Heights Specific
Plan S 92-3) with modifications to the following existing
conditionss
Condition 1: shall be modified to reference the amended Specific
Plan text of April 1, 1994 which is Amendment # 1 of the Laguna
~eights Specific Plan.
Condition 47: shall be modified to read as follows - Prior
building permit issuance, the applicant shall conduct traffic
evaluation/traffic counts to the satisfaction of the City Engineer.
Prior to building permits being issued which would generate more
than 800 vehicle trips per day from the Laguna Heigh~s project on
either Toft Drive or Amorose Street, the applicant shall develop
and improve Laguna Heiqhts Drive Southo In addition, the Specific
Elan shall be revised to show a re-oriented alignment of the
interior circulation loop so that it directly ties into Laguna
Heights Drive South. Also verbiage shall be added to the document
stating that once Laguna Heights Drive South is in place Toft Drive
and Amorose Street will be closed to through traffic and be open
for emergency access only. If an alternative access road other than
Laguna Heights Drive South is utilized the applicant sha11 submit
an additional Amendment to the City for review and approval and
eventual incorporation into the Final Specific Plane
Condition 48s shall be deleted.
Condition 49: shall be modified to replace SFD-3 with SFD-1 and
SFD-2 and add the verbiage per the new land use category
designations.
Condition 53: shall be deletedand the following added Conditions of
Approval:
54. Specific lanquage shall be added to the amended document to
restrict the development of the plan to 68% senior/retirement
housing and to establish necessary implemen~ation mechanisms
to insure that this occurs. This added verbiage and
implementation mechanisms shall be submitted to the Community
Developmen~ Director or his designee for his review and
approval.
55. The developer shall be required to provide a trail along Grand
Avenue on their property holdings on Grand where proposed
Laguna Heights Drive South connects with Grand. This should
include a connection to the El Cariso Truck Tail where it
connects with Grand Avenue. An equestrian crossing shall also
be designed into the eventual signalized intersection at
Y,aguna Heights Drive South ancl Grancl Avenue pursuant to
adopted Transportation/Circulation Mitigation Measure # 2.
56, A11 public streets shall have a minimum 36 feet curb to curb
and a minimum three foot parkway.
PAGE FIFTEEN - CITY COIINCIL MINQTES - APRIL 26e 1994
57. Streets into cluster housing shall be privately owned or built
to City standards.
58. The Laguna Heights Drive South alternative, if used as part of
this plan, shall intersect Grand Avenue opposite Plumas Street
and shall have an approach speed to Grand Avenue of 25 MPH.
59. If traffic signal warrants are met at Grand Avenue and the
Laguna Heights Drive South alternative at build out; a traffic
signal shall be installed. The schedule for the installation
of the signal shall be approved by the City Engineer prior to
any final map approvals.
60. The options on page 4-5 of the April 1, 1994 version of the
amended Laguna Heights Specific Plan shall be implemented when
800 trips per day from the Laguna Heights project on either
Toft Drive ore Amorose Street are exceeded.
61. Sidewalks will be required on both sides of the street as
determined by the City Enqineer.
62. Develop a storm water discharqe quality program per NPDES
Guidelines.
63. As ~o be determined by a qualified biological consultant
and/or arborist, those trees that can be moved and have a high
survivability rate shall be relocated to the east perimeter of
the project to act as a buffer. 200 of the replacement trees
required at a ratio of 10:1 shall also be planted along the
eastern perimeter to act as a buffer. Minimum 24 inch box
trees shall be utilized forthe replacement Oak Trees placed on
the easterly project perimeter. Actual oak replacement sites
will be determined by a revegetation biologist and will occur
in areas that contain the microclimate conditions necessary
for successful establishment, for example, in areas with the
proper slope e~cposure and soil.
64. In the SFD-1 category, 1 Acre Estate Lots, the maximum number
of units will not exceed 63, and there will be no density
transfers allowed within this district that increase the
density as might otherwise be allowed pursuant to Section 11.3
of the Specific Plan,
65. Prior to issuance of the first Certificate of Occupancy the
proposed fire station at Machado and Lincoln will be completed
and operational.
66, Wherever feasible, the backbone utility system shall be
directed down the proposed main entry, which is Laguna Heights
South. If the parking lane on a street has to be torn up for
utility construction, street repair shall be from centerline
to curb, if utilities are placed anywhere else in an existing
street, repair shall be curb to curb. This includes, but is
not limited to, if Toft, Amorose or Patrick Court are usede
67. Any gated areas or gated streets will be private streets only.
Gated areas will only be allowed as shown in the approved
Specific Plan.
22.
PAGE S%%TEEN - CZTY COi71~iCIL MYNIITES -~PRIL 26~ 199~
City Attorney Aarper then instructed the Council to draw lots
in order to have a quorume Mayor Washburn drew the lot.
Councilman Winkler removed himself from the room due to a
potential conflict of interest.
City Planner Leslie explained that proposed Zone Change 93-5
is associated with proposed Annexation No. 68 which
encompasses Woodhaven Tract, Brookstone Ranch Trac~, North
Amorose Tract and the Brookstone Estate Tract. He further
explained that Annexation No. 68 along with Annexation No. 65
make up a pocket area in regard to Annexation No. 62,
L.A.F.C.O. has conditioned Annexation No. 62 by stating that
it cannot be final unless Annexation No. 65 and 68 are
included. Annexation No. 65 is the Western Desert
Corporatione He gave the history of the Annexation and stated
that the previous pre-zoning ordinance failed by a 2-1 vote
with one abstention and one absent. The matter has been
brought back to the City Council because L.A.F.C.O. requires
that pre-zoning be submitted with Annexation No. 68. The pre-
zoning proposed is for an RA zoning and a RR zoning in the
subject area. Both of the zoning classifications allow
equestrian uses and other animals as an accessory use. Mr.
Leslie stated that the RA zoning requires a minimum half acre
and the RR zoning is a minimum two acre. He gave an overview
of the location of the zoning.
Mayor Washburn opened the public hearing at 8:45 p.m. and
asked if anyone wisfied ~o speak on the matter. The following
persons spoke.
AT Knight, 30570 Brookstone, spoke in opposition to the
project and asked who would assume liability for the conflict
of interest and will the City assume liability in this mattex.
Dave Buchanan, 30831 Plumas; spoke in opposition to the
projecto
Lee Bulen, 14949 Toft Street, spoke in opposition to the
project. He stated the differences in the zoning which do not
address all of the lots.
Marie Locke, 15025 Monty Court, spoke in opposition to the
project.
Ace Vallejos, 15231 Cobre Street, spoke in opposition to the
project. He as)ced for the right to vote.
Patricia Lee Nolan, 30620 Plumas, spoke in opposition to the
project.
David Gottlieb, Western Company spoke in favor of the project
and stated that this P.nnexation will allow the persons who
spoke in opposition to this project to vote on their future.
Mayor Washburn closed the public hearing at 8:51 p.m.
Councilman .H.longi stated that it is important for the
developer and the community to come together to explain the
actions that the Council is being asked to talce. He stated
~hat the system is not good and he wishes tfiere was some way
to change ite He stated that the interested persons will have
the right to vote.
PAGE SE{1ENTEEN - CITY COtINCIL MINIITES - APRIL 26, 1994
MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO APPROVE ZONE CHANGE 93-5
BASED UPON THE FINDINGS AND ADOPT ORDINANCE NO. 979 UPON THE
FOLLOWING ROLL CALL VOTE:
NO. 979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, PREZONING 212 ACRES TO RURAL RESIDENTIAL AND
RESIDENTIAL AGRICULTURAL (ZONE CHANGE 93-5) LOCATED ROUGHLY
WEST OF GRAND AVENUE, NORTH AND SOUTH OF AMOROSE STREET AND
TOFT DRIVE: CITY OF LAKE ELSINORE.
AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WINKLER
ABSTENTIONS: COUNCILMEMBERS: CHERVENY
23. Collier Avenue Wetland Mitiaation Site. (F:156.2)
City Attorney Harper asked that this item be continued for 30
days due to onqoing negotiations.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4-0
WITH WINKLER ABSENT TO CONTINUE THE "COLLIER AVENUE WETLAND
MITIGATION SITE" FOR 30 DAYS TO ALLOW FOR NEGOTIATIONS.
BUSYNESS ITEMS
31.
City Manager Molendyk explained that this item was brought
before Council on April 12th and was continued until
Councilman Alongi and Councilman Dominguez could have the
opportunity to meet with Mr. Mann in regard to the issue of
drainage and design. He stated that the concerns have been
addressed and an agreement has been reached and staff
recommends approval.
Mayor Washburn asked if Councilman Alongi had a report for
Council.
Councilman Alongi stated that the drainage has been addressed
and all concerns have been resolved. He explained that all
the garages are detached to conform to the historical theme of
the area as well as dormers to conform with the theme.
Councilman Alongi explained that he would like to add one more
condition which would make each property owner responsible for
cleaning the drainage ditch to allow the free flow of water.
Mayor Washburn asked if Mr. Mann was in agreement with all the
conditions.
Mr. Mann asked for clarification of Additional Condition No.
3. Ae asked about the shed dormers and if they were required
to have all the garages behind the houses which would increase
the cost by three or four thousand dollars per house or will
they be alternated.
Avenue - Steven Mann. (F:138.1)
PAGE EIGHTEEN - CITY COONCIL MINUTES - APRIL 26~ 1994
Councilman Alongi stated that the diagram s~ows all the
garages in the rear so there will be no negotiation of that
issue.
MOVEB BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4
TO 0 WITH WASHBURN ABSTAINING TO WAYVE THE CAPITAL %MPROVEMENT
FEES, MODIFY CONDITION NO. 21 AND AN ADDITIONAL 7 CONDLTIONS AS
FOLLOWS:
CONDITIONS OF APPROVAL FOR ~INGLE-FAMILY RESIDENCE AT 213~ 219a
225, and 229 E. GRAHAM AVENUE,
PLANNING DZ9ISION
3. Design Review approval will lapse and be void unless building
permits are issued within one (1) year of the Design Review
Committee approval date.
2e Conditions of approval shall be reproduced on page one of
building plans prior to their acceptance by Building Division.
All Conditions o~ Approval shall be met prior to the issuance
of a Certificate of Occupancy and release of utilities.
3. Dwellings on lots 213 and 225 shall have a 22 ° foot front
setback. Dwellings on lots 219 and 229 shall have a 25' foot
gron~ setbaclc. This will eliminate the long row-house effect.
4. Building elevations shall be revised to incorporate the
recommended colors and architectural design features
illustrated on Exhibit 30 of the Historic Elsinore
Architectural Design Standards.
5. Applicant shall use roofing materials with a minimum of class
1°B" fire rating. Yf asphalt roofing material is used on
sloped roofs it sha11 be of ~he quality of Presidential Shalce
three dimensional shingles. Roofing material to be used shall
be subject to the approval of the Community Development
Manager or designee, prior to issuance of building permits.
6. The project shall connect to sewer if a sewer line is within
200 feet of the project boundary unless it is demonstrated to
the satisfaction of the Chief Building Official that this is
infeasible. If the project does not connect to sewer,
applicant shall submit a Soils Report which includes a sewage
disposal plan referenced to the grading plan and approved by
the Riverside County Health Department.
7, Applicant shall plant street trees, selected from the City
Street Tree List, a maximum of thirty feet (30') apart and
twenty four inch (24") box in size as to meet the approval of
the Community Development Manager or designee.
8. All exterior air conditioning units, shall be ground mounted
and screened so that they are not visible from neighboring
property or public streets,
9. A six-foot (6~) high fence shall be constructed along the side
and rear property lines and shall conform to Section 17.14.080
(Fences and Walls), subject to the approval of the Community
Development Manager or designee prior to issuance of
Certificate of Occupancy. The use of chain-link fencing
detracts from the overall 1920's concept, therefore is
prohibited. Wall and fences over (3) feet in height in front
PAGE NINETEEN - CITY COIINCIL MINIITES - APRIL 26, 1994
yard areas are strongly discouraged. It is the overall intent
to maintain a smooth transition between public and private
spaces, and to maintain a"friendly" community identity.
10. Prior to issuance of building permits, applicant shall provide
assurance that all required fees to the Lake Elsinore Unified
School District have been paid.
li. Prior to issuance of building permits, applicant shall pay
park-in-lieu fee in effect at time of building permit
issuance.
12. The address (in numerals at least four inches (4") high) shall
be displayed near the entrance and be visible from the front
of the unit.
13. Each of the four units shall be designed to incorporate a
distinct type of architectural enhancement such as brick,
stone and siding in order to provide some distinction between
the units. These treatments shall be carried around the side
of the building for a minimum of 12 feet.
ENGINEERING DEPARTMENT
14. All Public Works requirements shall be complied with as a
condition of development as specified in the Lake Elsinore
Municipal Code at the time a building permit is issued.
15. Dedicate underground water riqhts to the City (Municipal Code,
Title 16, Chapter 16.52.030). Document can be obtained from
the Engineering Department.
16. Pay all Capital Improvements and Plan Check fees (Municipal
Code, Title 16, Chapter 16.34; Resolution No. 85-26). [3-22-
94 City Council/Redevelopment Agency waived Capital
Improvement Fees].
17. Submit a"Will-Serve" letter to the City Engineerinq
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 building permit.
18. If 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. An encroachment permit will be required to do the
work.
19. 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).
20. Provide street lighting and show lighting improvements on
street improvement plans as required by the City Engineer.
21. On-site drainage shall be conveyed to a concrete drainage
swale located at the back of the subject lots. Drainage in
this swale shall then be conveyed to Graham Avenue down the
side of the lot at 213 East Graham Avenue in similar fashion
as shown on that certain concept drainage plan labeled Exhibit
"A", as submitted by the applicant on April 20, 1994. The
PAGE 'SWENTY - CITY COIINCIL MINUTES - APRIL 26s 1994
transition of the drainage swale underneath the sidewalk and
parkway to Graham Avenue shall be done subject to the
satisfacfion of the City Engineer. A private drainage
easement shall be created and recorded for the drainage swale
to the satisfaction of the City Engineer prior to the release
of Certificate of Occupancies. The easement shall reflect
that the owner of each individuaY lot sha11 be responsible for
the maintenance of the drainage swale on their property and
~hat they must maintain the swale in a clear and unobstructed
condition.
22. All natural drainage traversing the site shall be conveyed
through site or provided for by a method approved by the City
~ngineer,
23, If grading exceeds 5o cubic yards, grading plans shall be
prepared by a Civil Engineer and approved prior to the
issuance of building permit. Prior to any grading, applican~
shall obtain a grading permit and post appropriate securityo
These building sites will require a grading plan.
24. All existing damaged sidewalks, curb and gutter shall be
replaced as required by the City Engineer.
ADDITIONAL CONDITIONS OF ~PPROnAL ESTABLISHED AS A~TIPIILATION
FOR THE APPROVAL OF THE WAYVER OF CAPITAL IMPROVEMENT FEES
1a Utilize a varied set back with a minimum ten foot stagqer to
create variable street scape and to decrease uniformity.
2. Detach the garaqe and place it to the rear of the home with
the driveway running down the side for all of the lots.
Detachedgarages placed in the rear of the lot is a desiqn
feature established in the Design Standards and characteristic
of ~he desired historic period.
3e Use shed dormers (on those units with detached garages) to
break up and add interest to the roof planes as suggested in
the Design Standards.
4, Enhance the porch area along the front elevation by adding
decorative railing, where possible considering the small size
of the porch area, and utilizing columns more representative
of the architecture of this period.
5. Extend the brick and stone enhancements further around the
front of the structure to include the porch area and to make
the fourth unit which was previously approved for having no
enhancements (only stucco) to include partial wood siding also
to be extended to include the porch area.
6. %nclude decorative framing around the windows and doors.
7. All exterior surfaces of new fencing, visible from the public
right-of-way should be painted.
32. Uraencv Ordinance No. 980 - New Card Room Fees
(Fa34.3)
City Manager Molendyk explained that this is a modification of
Card Room Fees which provide for the c~uarterly ~ees to
escala~e over a five year period of time. ~e stated that this
was done in conjunction with the request of the Casino to hook
PAGE TWENTY-ONE - CITY COIINCIL MINIITES - APRIL 26~ 1994
up to the sewer. He noted a letter received from Mr. Kingston
which explains that a letter of credit can be drawn against
his bank to guarantee the installation of the sewer and the
hook up fees. City Manager Molendyk stated that based upon
the letter staff would recommend favorable approval.
Councilman Dominguez asked that this item be continued until
Council receives a letter stating that the sewer will be
hooked up. He stated that he had no problem with the
Ordinance, but he wanted the letter before approval.
Mayor Washburn asked Larry Regis, what the time frame was to
obtain a Letter of Credit.
Larry Regis, Lake Elsinore Resort, stated that the letter was
provided on this date and based on Elsinore Valley Municipal
Water District's approval to proceed the Casino will hook up
to the sewer. He e~lained that all of the financial
requirements are in place and they will be allowed to hook up
to the sewer at the discretion of the District.
Councilman Alongi asked if the sewer is going up Malaga or
will it be hooking up to the K-Mart line. Mr. Regis stated
that it is anticipated that they will hook up to the K-Mart
line. Councilman Alongi asked if Elsinore Valley Municipal
Flater District had approved the hook up to K-Mart. Mr. Regis
stated that the negotiations are between Mr. Kingston, the
Water District and the General Contractor, Mr. Rick
Wainsguard. He explained that he did submit a diagram of the
hook-up to the Water District showing all the lines coming
from the buildinq paralleling the property of the movie
theater and hookinq into the intersection at the K-Mart sewer
system, but the District has not approved it at this time.
Councilman Alongi stated that he agrees with Councilman
Dominguez that until the approval from the District, Council
should not act on this because they could require the Casino
to go up Malaga. He stated that before approval of this
Ordinance that the sewer issue be resolved.
Mr. Regis stated that his firm has complied with all the
requests of the Council and the additional condition that
Council is placing is that the Water District give the City
the O.K. to O.K. their fees. He stated that they have met the
condition.
Councilman Alongi stated that the expense of hooking up on
Malaga is much greater than hooking up to the K-Mart line and
if the Casino will agree to the additional e~cpenses they he
would not have a problem with it.
Mr. Reqis explained that the letter states that the Casino
agrees to hook up to the sewer and that their bank is prepared
to finance that action.
Mayor Washburn stated that it is the responsibility of the
applicant and the Water District as to how they hook up and
not the Council.
Mr. Regis stated that they have no other alternative but to
hook up to the sewer at this point due to the problems they
are experiencing.
Councilwoman Cherveny asked if the Water District had given
them any indication of a time frame.
PAGE TWENTY-TWO - CITY -0OIINCIL MIN[TTES - APRIIo 26a 8994
Mr. Regis stated that their contractor has been in contact
with the Water District and they are waiting for direction
from them. He stated that it appears as though the Council is
penalizing his firm for trying to comply.
Mayor Washburn sta~ed that he would like to see this expedited
as soon as possible and from what he sees ~he applicant is
making every attemp~ to comply with the hook up. He e~lained
~hat he understands the concerns of Council, but he would like
to see some type of positive direction in regard to this
ma~ter.
City Manager Molendyk stated that it was his understandinq
that it was the Casino's intent to have their contractor run
the sewer line. He stated that the real question was that the
Casino was asking for relief on the transition of fees was the
$184,000 hook up charge for Elsinore Valley Municipal Water
District. This was ~o clarify that the $184,000 will be
supported by a letter of credit by their bank.
Councilwoman Cherveny asked if it was possible to condition
this that they must hook to the sewer within six months. City
Manager Molendyk stated that it would have to be within 30
days.
Councilman Alongi stated that he would still like to have more
confirmation from the Water District as to whether ~hey will
allow the Casino to hook to the K-Mart line or up Malaga. He
stated that he would not like to see the applicant make an
agreement without knowinq the addition cost of puttingi it in
the streeto He stated that as long as the applicant can
provide proper sewage he does not have to hook up and Council
does not know what E.V.M.W.D. will require and he did not wisYa
for this issue to come back again because of the enormous cost
of putting the sewer in the street. Couneilman Alongi asked
if there was an easement allowing the Casino to hoo]c up to the
K-Mart line,
I+Iayor Washburn stated that the easement would have to come
from Mr. O'Byrne and he is trying to cooperate.
Councilman Dominguez stated that if someone is within 200 feet
of a sewer line then the Council can require that they hoolc
up.
Councilman Alongi stated that the applican~ is not within 200
feet.
Councilwoman Cherveny stated that there is a potential problem
that if the applicant does not hook to the sewer the City cara
shut them down. Therefore she is in favor of tfie Ordinancea
There was clarification of the fact that the Ordinance
presented is an Urgency Ordinance and becomes effective
immediately.
City Manager Molendyk explained the collateral used by the
Casino.
Councilman Alongi explained that after 3une there will be a
vote and the City may have more casinos. He asked if this
ordinance would set a president.
PAGE TiQENTY-THREE - CITY COONCIL MINDTES - APRIL 26~ 1994
City Attorney Harper explained that the existing casino is in
a different circumstance and by the time a new casino gets on
line it will be at the same fee level. He stated that
another casino could ask, but the circumstances would be
different and there is no liability in regard to this actione
Councilman Alongi asked if a new casino can demand by law to
have their fee structure lowered because the City has set a
precedent. Do they have a legal position to take the City to
court and force us to lower fees. City Attorney Harper stated
that they did not. He stated that the City can legally
justify a single casino, charqing these fees as a consequence
of the requirement to construct public facilities.
Councilman Dominguez stated that he would like to see proof
that he is going to hook up to the sewer.
Councilman Alongi stated that he would second the motion if
Councilman Dominguez would add to his motion that the
Ordinance would go into effect when the sewer permit is
pulled. Councilman Dominguez agreed.
MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE ORDINANCE NO. 980
AT THE TIME THAT THE SEWER PERMIT IS PULLED.
MOVED BY CHERVENY BY SUBSIDIARY MOTION TO APPROVE ORDINANCE NO. 980
RESCINDING ORDINANCE NO. 969.
THE SUBSIDIARY MOTION FAILED FOR LACK OF A SECOND.
Mr. Regis stated his confusion. He explained that the fee
schedule is set by Council and can be changed by the Council
at any time. He stressed the fact that his firm complied with
all the desires of the Council. He stated that he does not
see where the problem is and feels that his firm has
cooperated as much as possible and that the Council is not
giving his firm the same cooperation.
Councilwoman Cherveny called a point of order and stated that
this item is for Card Room fees and not the sewer and this
issue was not agendized. City Attorney Harper explained that
it is the time of the effect of the Ordinance and would be
set.
MOVED BY DOMINGUEZ, SECONDED BY DOMINGUEZ TO AMEND THE ORIGINAL
MOTION TO STATE THAT ORDINANCE NO. 980, RESCINDING ORDINANCE NO.
969 TO BECOME EFFECTIVE UPON THE TIME THAT THE SEWER PERMIT IS
PULLED OR UNTIL A LETTER VERIFYING SEWER CONNECTION FROM ELSINORE
VALLEY MUNICIPAL WATER DISTRICT IS SUBMITTED TO THE CITY.
THE FOREGOING AMENDED MOTION WAS APPROVED UPON THE FOLLOWING ROLL
CALL VOTE:
ORDINANCE NO. 980
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28.060 OF
THE MUNICIPAL CODE REGARDING FEES FOR CARD ROOMS, AND
RESCINDING ORDINANCE NO. 969.
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WINKLER, WASHBURN
EAGE TWENTY-FOiTIt,- CITY COIINCIL MINOTES - APRIL 26a 1994
NOESo
ABSENTe
ABSTENTIONS:
33, Boatinc
COiJAICILMEMBERS: NONE
COUNCILMEMBERS: NONE
. NONE
(F:a4.~y
City Manager Molendyk gave an overview of the item and
explained that to qualify for the grant of $800,000 from the
Department of Boating and Waterways it will be necessary to
expend $23,628 for a draft Environmental Impact Report and a
Eeasibility Report. It will also be necessary to approve a
resolution requesting a grant.
1KOVED BY WASHBURNo SECONDED BY CHERVE1dY TO APPROVE RESOLUTION NOo
94-25 AND AUTHORIZE TI-IE EXPENDITURES FOR THE IENVIRONMENTAL YMPACT
12EPORT AND FEASIBYLITY STUDY FOR THE PROPOSED BOAT I,AUNCH FACILITY
ON LAKESHORE DRIVE.
Councilwoman Cherveny asked Administrative Services Directox
~oone give the balance of the City~s Lake Park and Recreation
Enterprise Fund on future reports. She stated that funds are
used from that account and she would like to know what the
balance is in the Enterprise Account. Mayor Washburn
instructed Mr. Boone to submi~ a mema ~o Council with the
balance of the Enterprise Fund.
THE FOREGOYNG MOTION WAS APP120VED BY YTNANIMOUS ~70TE,
THE COUNCIL RECESSED AT 9:25 P.M.
THE COUNCIL RECONVENED AT 9:35 P.M.
34. I,alce Elsinore Violation/Enforcement. (F:92.1)
City Managex° Molendyk explained that this item is being
brought back to Council since tfiere seems to be some question
in regard to enforcement.
Manager of Special Projects Watenpaugh explained that this
item was presented at ~he last Council Meeting and staff has
tried to address Council concernse He stated that staff
recommends approval of Resolution No. 94-22 amending
Resolution No. 93-61.
Councilwoman Cherveny questioned the section addressing
sailboats and asked why the fee was dropped from $540 to $65.
Manager of Special Projects Watenpaugh explained that there is
a high speed zone in the middle of the I,ake and if the
sailboat goes through that section it was $540. He stated
that the State Parlc Rangers made it policy not to write a
ticket for this violation since they felt that the fine was
too higta so they issued warnings. Mr. Watenpaugh explained
that by lowering the fine to $65, they would issue the
citation and it would get the attention of the person.
Mayor Washburn asked for a defini~ion of Vessels, Manager of
Special Projects Watenpaugh explained that this is for
unlicensed boats or boats that are in zones not permitted to
theme
Councilwoman Cherveny stated that she would like to see the
PAGE TWENTY-FIVE - CITY COUNCIL MINIITES - APRIL 26~ 1994
fine for sailboats remain high due to the danger. She stated
that the only one she would like to see remain high is the
sailboat in the hiqh speed zone.
Mayor Washburn stated that his experience in sailing on the
Lake when there was no boating traffic and went directly
across the middle. He asked if they were in violation.
Manager of Special Projects Watenpaugh stated that they weree
Manager of Special Projects Watenpaugh explained that the set
fine is what is charged or a warning is issued. There is no
graduation of the fine.
Councilman Dominguez stated that one of the major problems of
the Lake is the noise and he would like to see it addressed in
this action.
There was qeneral discussion regarding noise.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE RESOLUTION NO.
94-22, CITATION ENFORCEMENT SCHEDULES AND PENALTIES AMENDING
RESOLUTION NO. 93-61, AND APPROVED THE NEW LAKE CITATION FORMAT
WITH SECTION 9.96.100, SAILBOATS TO REMAIN $540 AND TITLE 17, NOISE
TO BE MADE A PART OF THIS FORMAT.
Mayor Washburn stated that he felt that $540 is too high and
he would ask that the maker of the motion reduce the amount.
Councilwoman Cherveny stated that she was sure that if there
were no boats on the Lake, then a Ranger would issue a
warning, but if there is traffic in the high speed zone then
she felt that the fine was appropriate. She asked if $500
would be more acceptable.
Mayor Washburn asked what the Ranger's recommendations were.
Manaqer of Special Projects Watenpaugh explained that the $65
was their suggestion.
Councilman Alongi asked if the State was on a computer system
where they could ascertain if a person had a previous
violation. Manaqer of Special Projects Watenpaugh stated that
they were not.
Councilman Alongi asked why the speed laws were so much less
than the sailboat fines. Manager of Special Projects
Watenpaugh explained that these fees were set by the State of
California and there is a greater potential for a sailboat
being a hazard.
Councilwoman Cherveny and Councilman Dominquez amended motion
to read as follows:
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO APPROVE RESOLUTION NO. 94-22, CITATION ENFORCEMENT
SCHEDULES AND PENALTIES AMENDING RESOLUTION NO. 93-61, AND APPROVED
THE NEW LAKE CITATION FORMATE WITH SECTION 9.96.100~ AMEND
SAILBOATS TO READ $500 FOR VIOLATION FEE, AND TITLE 17, NOISE TO BE
MADE A PART OF THIS FORMATE.
RESOLUTION NO. 94-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 93-61, LAKE
CITATION ENFORCEMENT SCHEDULES AND PENALTIES SECTION.
EAGE TWENTY-SZB - CITY COIINCIL MINQTES - APRIL 260 199~
Mayor Washburn called upon Peter Dawson to address Council.
Peter Dawson, stated that the viola~ion wrould need refining
arad pointed out some of ~he items not needede FIe stated that
the speed is different from the Lake Master Plan and there is
no provision for night use. He explained the problems of the
slow zone and noise codes. Yie asked Council to consider these
problemse
35. A~reement for use of Rodeo Grounds.
(F:68.1)(X:108.4)
City Manager Molendyk e~cplained that the Chamber has offered
the use of the Rodeo Grounds for four consecutive dates of the
City's choosing. He stated that the facility would be made
available at no cost other than the utility costs and a damaqe
deposit.
Councilwoman Cherveny stated that Council has consistently
considered the Chamber and waived fees and she took exception
to the damage deposit. She stated that she felt that it was
no~ necessary to require the City to pay a damage deposi~.
Coazncilman Dominguez questioned the need for four days.
Councilman Alongi stated that he had requested the four days
to allow the City the possibility of presenting the Sierra
Circuit this year.
Councilman Dominguez stated that the City could ask for the
grounds when xteeded. He stated that it is another project
that the City will end up picking up the bills ona
Councilman Alongi stated tfiat if the City needs ~he four days
they will be in place if we decide to put on the Rodeo. I3e
explained the conditions of the Sierra Circuit. He stated
~ha~ someone needs to be on the Committee to address the
Rodeo.
d+IOVED BY DOMINGUEZ TO TABLE THE AGF2EEMENT FOR USE OF THE RODEO
GROUNDS.
1~IOTIOII DIED FOR Y,ACK OF A SECOND,
MOVED BY CHERVENY, SECONDED BY ALONGY AND CARRIED BY A VOTE OF 4 TO
1 WITH DOMINGUEZ CASTING TFiE DISSENTING VOTE TO DIRECT STAFE TO
MEET WITH THE CHAMBER°S STAFF TO ESTABLISH A LIST OF POSSYBLE
~ATES.
36. Parkina Lot for Cultural Center.
(Fs134.10)
City Manager Molendyk gave an overview of the item and stated
that the fiscal impact would be $6,300 for the first year.
Mayor Washburn stated that this had been proposed to allow for
ffurther handicap parking for the beauty saloor~.
MOVED B5t WASHBURN TO APPROVE THE TERMS OF THE DE PASgUALE TRUST TO
EROVIDE A PARKING LOT FOR THE Y~AKE ELSINORE CULTURAY, CENTER AND
1~.PPROPRIATE $8,300 FROM THE GENERAL FUND TO CONSTRUC7C TWO DISABLED
PERSONS PARKING SPACES AND MAINTAIN THE LOT FOR ONE YEAR WITH THE
CITY MANAGER TO DIALOGUE WITH THE TRUST TO NEGOTIATE PAYING HALF
THE TAXE5e
MOTION DIED FOR LACK OF A SECOND.
PAGE TWENTY-SEVEN - CITY COONCIL MINIITES - APRIL 26e 1994
Councilwoman Cherveny questioned the cost and position of the
disabled parking spaces. She objected to spending the money
on that paving when the stripping can be done in front of the
beauty saloon for much less.
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO APPROVE THE TERMS OF
THE DEPASQUALE TRUST TO PROVIDE A PARKING LOT FOR THE LAKE ELSINORE
CULTURAL CENTER AND APPROPRIATE $8,300 FROM THE GENERAL FUND TO
CONSTRUCT TWO DISABLED PERSONS PARKING SPACES AND MAINTAIN THE LOT
FOR ONE YEAR WITH THE CITY MANAGER TO DIALOGUE WITH THE TRUST TO
NEGOTIATE PAYING HALF THE TAXES.
Councilman Alongi stated that the handicap parking is
necessary and concurred that it was not necessary to pay the
full amount of taxes. He asked why it cost $2,000 to do two
parking places and where they will be located.
Public Services Director Tecca explained that the $2,000 is
the maximum amount needed. He stated that he did not
anticipate that they would cost that much. He.stated that the
parking places would be located next to the buildings located
on the north side of the lot.
There was general discussion in regard to the location of the
handicap parking spaces.
THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE.
37. Reconsideration of Snecific Plan 92-2 - Komerica.
(F:150.2)
Mayor Washburn stated that the Chair will find that it is not
an appropriate action. He stated that 1) there is no agenda
packet; 2) Council Policy Manual 100.5 and 100.5a indicate
that Council shall not entertain any motion for
reconsideration of a matter on which a Notice of Public
Hearing has been held at any time after such hearing has been
closed. Unsuccessful parties shall commence the matter with
the appropriate department and matters originally requiring a
Notice of Public Hearing shall not be reconsidered, except by
following original public hearing procedures; 3) the vote was
taken 8/24/93 which is past the 10 days request. Therefore
the chair will dismiss Item No. 37 and move on to Item No. 38.
Councilman Alongi disagreed with the Chair's decision and
stated that this should have been removed from the Agenda
prior to the meeting if the Chair felt it should not be
considered. He stated that the public was abandoned and he
felt that it should be reconsidered.
38. Hall Annexation. (F:20.2)
MOVED BY WASHBURN, SECONDED BY WINKLER TO APPROVE THE PAYMENT OF
LAFCO FEES OF $6~000 FOR THE HALL ANNEXATION.
Councilwoman Cherveny asked why the City was paying $6,000 for
this person to annex.
Councilman Winkler stated that the City has asked that this
area annex for several years since the intersection will be
vital to the City's economic growth.
THE FOREGOING MOTION WAS APPROVE BY UNANIMOUS VOTE.
PAGE TWENTY-EIGHT - CITY COIINCIL MINUTES - APRYL 26s 1994
PUBLYC COMMENT~
Kevin Lanning, 652 Quail Drive, stated that on Apri1 14, ~here was
a drive-by shooting on Quail Drive. He stated that the area has a
high crime rate and he is approaching Council on behalf of the
neighborhood to place inverted speed bumps or drainage dips. He
explained that the shooting was caused from a drag race that had
gone wrongo
Garcia, 16440 Montery Street, expressed his concern regarding tfie
trash bills being placed on their tax roll and asked that Council
rule against such an action.
Peter Dawson, Grand Avenue, representing Southshore Homeowners
Association, stated that Southshore looks forward to an equitable
lake access program and stated their support.
Bill Desmond, 32295 Mission Trail, representing 15 otfier business
owners in the Lake Elsinore Town Center, stated that the traffic
circula~ion from the baseball park prohibits cars from entering the
center to do business. He felt that the City should encourage the
people who qo to the ball games to use the local businesses. He is
gequesting a left turn lane to allow persons leaving the stadium to
patronize the local businesses.
CITY MANAGER COMMENTS - None.
CITY COUNCII, COMMENTS
Mayor Pro Tem Dominguez commented on the followingo
Y) Stated that in the Sunday publication of the Caiifornian
News Paper there was an article on Public Safety
addressing Lake Elsinore and suggested that the curfew
should be reinstated. He as3ced that City Attorney Harper
coordina~e with Captain Yankee and bring suggestions back
to Council at the next meeting.
~ouncilman Alongi commented on the following:
Y) Addressed Ytem No. 37 and explained that the
reconsideration was in order and this should be
researckxed and be brought back to the next meeting.
2) Commented on the B~Letters to the Editoro' and the fact
that he has always supported the County people, but he
will continue to express preference to residents of the
City for jobs at the theater and stadiumo
3) Commented on the "Letter to the Editor" regarding the
Garage Sale. He challenged her to a debatee
4) Commencled the Californian fox their pictures of the kaonor
students which are "Students of the Month", and he wished
the Sun Tribune would do those type of articles.
5) Expressed his disappointment in regard to Laguna Heights
and the attitude of the surrounding residents. He stated
that he felt that the process was bac7cwards and similar
problems are experienced with the County residents around
the Lake.
PAGE TWENTY-NINE - CITY COIINCIL MIN[TTES - APRIL 26~ 1994
Councilwoman Cherveny commented on the following:
1) Explained to Mr. Garcia that at a recent Study Session
with CR & R it was the consensus of the Councilmembers
present that they did not want the trash fees placed on
the tax rolls and explained that there was no opposition
to placing delinquent persons on the tax roll. This item
will be coming before Council soon.
2) Read a letter regarding improvements which are not being
done. She responded to the items and stated that the
City is trying.
3) Stated that she had received a jacket from the Stadium
and explained that she is proud to wear it and explained
that she will declare it on her Statement of Economic
Interest. She expressed her disappointment with Mr.
Baldwin°s attitude.
4) Explained the problems with E.V.M.W.D. and would hope
that there can be a more positive attitude between the
agencies.
5) Would like an up-date from Camelot Properties regarding
the theater.
6) Commended the Nietos for their work on Nashland and the
difference they are trying to make. She stated that for
anyone who would like to help either in labor or
donations they can call 674-2328.
7) Questioned the sale date for Tuscany Hills and stated
that it will be going back to bid on the 18th.
Councilman Winkler commented on the following:
1) Stated that the Policy Manual is very clear and the Mayor
had no authority to accept a motion.
2) Explained that the new Brown Act does require back-up
material and there was no back-up material on Item No.
37.
3) In response to Mr. Desmond, he would like to see the City
assist the existing businesses since that is one of the
reasons for the Stadium.
Mayor Washburn commented on the following:
1) Explained that as Chair it is his responsibility to act
as parliamentarian and has nothing against Councilman
Alongi, but in his opinion it was not an acceptable item.
The applicant can proceed with staff.
2) Announced the activities of "Save the Lake" committee.
He stated that there is an event coming up on May 14, to
clean up Lakeshore Drive, volunteers are to meet at Swick
Field at 8:00 a.m.
3) Stated that the Southshore Homeowners Association will
make him an honorary member.
EAGE TSIRTY - CITY COIINCIL MINIITES -~PRIL 26B 1994
CLOSED SESSION - Noneo
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE TO ADJOURN THE REGULAR CITY COUNC~L MEETING AT 10:25 P.M.
.~- !//Nf .
GARY/1. WASHBURN, MAYO
CI`g! OF LAKE ELSINORE
submitted,
' / // // .
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