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HomeMy WebLinkAbout01-26-1993 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LARE EL3INORE 31315 CHANEY STREET LARE ELSINORE~ CALIFORNIA TUESDAY~ JANUARY 26~ 1993 ,k,k*,k**,t**t~***~***********~***ie***~x*~,t***tt****,k,k~**,ktt*,k**,k*** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY~ DOMINGUEZ~ WINRLER~ WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator Wood, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A B Presentation - Trauma Intervention Proaram. (F:127.1) Mayor Washburn commented on recent discussions concerning this program, suggesting it might be a program the City would be interested in getting involved in and introduced Kathy Peery, representing this program. Mrs. Peery presented a videotape detailing this program and commented on the local efforts. She advised that this program is already used in the City through the Sheriff's Department and the California Department of Forestry. Mayor Washburn inquired how many volunteers were currently participating in this program. Mrs. Peery indicated that the Murrieta/Temecula group has 32 active volunteers. Mr. Peery commented on his contact with the program in his work as a firefighter. Mayor Washburn directed staff to work with the Sheriff's Department to make this program work for the Community. Presentation - CR & R Update. (F:163.1) Mayor Washburn commented on the number of calls received regarding the implementation of this new program and introduced David Fahrion, representing CR & R to explain the program. PAGE TWO - CITY COUNCIL MINUTES - JANUARY 26~ 1993 V David Fahrion explained that this program is in the middle of its transition period and requested the patience of City residents. He further explained that this program was implemented to meet the requirements of Assembly Bill 939 and detailed the reductions required. He also explained that in most cases two of the three containers have been delivered and the green container should be delivered in the near future, after delays in manufacturing them are overcome. He advised that all trash will be collected until February 12th, but after that use of these containers will be necessary. He also advised that a week for collection of old trash cans will be scheduled in the near future. He further advised that they will also be providing the street sweeping services to the City and emphasized the need to recognize the no parking hours posted for this service. He also stressed that most collection days have changed and encouraged the residents to become familiar with the new days. Mayor Washburn commented on a meeting between himself, Councilwoman Cherveny, City Staff and CR & R representatives, in which a number of the difficulties were addressed. He questioned the time frame for receipt of the green containers. Mr. Fahrion indicated that the containers should be received by February 12. Mr. Fahrion also commented further on the recycling portion of the program indicating that permits are in place for handling of the blue container at the Perris facility. Ae stressed that these materials will not be going to a landfill and will help stabilize rates for collection. He further explained that when the green containers are collected they will be transported to a composting facility in Corona and the processed compost will be available for use in facilities such as parks at reduced costs. Councilwoman Cherveny requested that Mr. Fahrion provide information on the planned contest for development of an appropriate logo. Mr. Fahrion explained that a contest will be held for Elementary School students to compete in developing a logo for placement on the Black containers. He further explained that CR & R would be providing bonds for lst, 2nd and 3rd place. Mayor Pro Tem Dominguez questioned the handling of pick-ups in alleys. Mr. Fahrion advised that they would need to contact residents in those areas to determine an appropriate means of collection. He also commented on a one-way street situation, for which they were working on a solution. Mayor Pro Tem Dominguez questioned the distribution of waste between the barrels and suggested the placement of stickers on each barrel for clarification. Mr. Fahrion explained that this would be difficult, because the texture of the containers is not conducive to stickers. Mayor Washburn stressed that this program is being undertaken because of the mandatory requirements placed on cities by Assembly Bill 939. Mayor Washburn quizzed the audience on the distribution of trash between the barrels. Councilman Alongi questioned previous discussions pertaining PAGE THREE - CITY COUNCIL MINUTES - JANUARY 26~ 1993 to suspension of billings while rentals are vacant. Mr. Fahrion indicated that this would still be the intent. C. Presentation - Update on Lake Glean-uo & Elevation. (F:92.1) ; Ranger Jim Lehman, representing the State Park, advised that the current Lake level is 1247', up from a leveT of 1229.8 on " January 1, 1993, for an increase of approximately 18 feet. He further advised that the current depth of the lake is between 25 and 27 feet, He also advised that the lake had been closed due to the debris and rain run-off and had been further restricted to the bacterial level caused by up stream contamination. He indicated that the clean up should be complete in the next three weeks and depending on the Health Department determinations open to the public again. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 2 and 22 of this agenda and deferred to consideration of those items. CON3ENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 2. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - January 12, 1993. (F:44.4) 3. Ratified Warrant List for January 15, 1993. (F:12.3) 4. Approved Community Services Department Modifications and the addition of Site Coordinator I to the existing General Employee Classification List. (F:64.1) ITEM PULLED FROM THE CONSENT CALENDAR 2. L.E.A.F. Animal Control Activity Report - December 1992. (F:18.2) Councilman Alongi commented that one of L.E.A.F.'s trucks had broken down and they had since obtained a van. He further commented that additional funds are needed to make it operational, and encouraged community support. Mayor Washburn offered the floor to Molly Goldman, who had requested an opportunity to speak. Ms. Goldman withdrew her request. Mayor Pro Tem Dominguez indicated that he understood that L.E.A.F. was also serving the cities of Canyon Lake, Murrieta and Temecula, and inquired whether this report reflected totals for those communities. Manager of Special Projects Watenpaugh indicated that this report reflected on City of Lake Blsinore statistics. PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 26~ 1993 Mayor Washburn commented on the need for equipment and expanded facilities recently discussed and directed staff to work with the Executive Director of L.E.A.F. to review the contract interface between communities and determine their levels of participation in these needs. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR DECEMBER, 1992. PIIBLIC HEARINGS 21. Annexation No. 52 - Homestead(Hunsaker)/Robert Dyer & Linda Wvnn. (F:20.2) Resolution No. 93-2, finalizing Annexation No. 52. The site is bounded by Scenic Crest Drive to the North, the Ramsgate Specific Plan Area to the West and South, and the Tuscany Hills Specific Plan Area to the East. City Manager Molendyk highlighted this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:52 p.m. asking those persons in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to this item to speak. Hearing no one, the public hearing was closed at 7:52 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO ADOPT RESOLUTION NO. 93-2. RESOLUTION NO. 92-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS ANNEXATION NO. 52, ANNEXED TO THE CITY OF LAKE ELSINORE AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT. APPEAL 22. Street (Main Street Bakery~. (F:21.1) City Manager Molendyk advised that this item had been appealed at the request of Councilwoman Cherveny and explained the proposal. Csaba Koltai, applicant, explained his proposal and expressed concern that his request had not been understood, in that he intended to place the enclosure and remove it every day. He also presented a diagram of his proposal. He noted that he would not interfere with any planned special events. He stressed his ongoinq efforts to improve his business and participate in the downtown improvements for the community. He also noted that his restaurant had been rated one of the ten best in the County. PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 26~ 1993 Rick Zwiefel, 101 S. Main Street, requested that the City Council uphold the determination of the Design Review Committee, noting the prior actions of this applicant. He stressed that approval of this request would be discriminatory with regard to use of the public right-of-way. Mayor Washburn indicated that he had reviewed the minutes of the Design Review Committee consideration of this matter. He further indicated that there are presently two tables outside this business and he feels this matter is one of taste and personal preference. He also indicated that he did not agree with the outcome of the Design Review meeting. Councilwoman Cherveny added that the enhancement would add much to the decor on Main Street and look better than antiques placed in the right-of-way. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE THIS APPEAL OVERTURNING THE DETERMINATION OF THE DESIGN REVIEW COMMITTEE. Mayor Pro Tem Dominguez commented on the chain used to cordon off this area, indicating that it was to be ornamental, and noted that this was not known at the Design Review consideration. Mayor Washburn clarified the motion and question the ability of the applicant to prohibit people who are not patrons from utilizing the tables and chairs. City Attorney Harper confirmed that this could be prohibited as long as the public right of way is still passable. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH COUNCILMAN ALONGI ABSTAINING. BUSINESS ITEMS 31. Presentation of Fiscal Year 1991-92 Annual Audit & Financial Rebort. (F:24.1) Administrative Services Director Boone explained the content of this report, which was prepared within legal guidelines for preparation. He highlighted the increased general fund reserves and refunds on Redevelopment Agency bonds. He thanked the Finance Department Staff for their efforts in this process and for the implementation of new software. He advised that the cost of this audit had been $30,900 and that it was prepared by Peat Marwick. He further advised that more detailed information requested should be produced in the next 2 to 3 weeks. He also advised that the manaqement letter should be distributed next week. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE 1991-92 ANNUAL AUDIT AND FINANCIAL REPORT. 32. Street - Hunt's Wreckina Co (F:32.4) City Manager Molendyk explained this item and explained that the abatement procedures are being reviewed to find ways to speed up the process. City Attorney Aarper fuYther explained that there are continuing discussions of this issue, however n PAGE SIX - CITY COUNCIL MINUTES - JANIIARY 26~ 1993 V it is important that in speeding up the procedure there is allowance for due process to prevent liability on the part of the City. MOVED BY CHERVENY, SECONDED BY ALONGI TO AWARD CONTRACT TO HUNT~S WRECKING COMPANY. Councilman Alongi requested a Work Session on the abatement program, with input on ideas for a quicker process. He suggested that when the owners are notified of the need to abate, they should also be notified of the availability of funds. City Attorney Harper commented that this would not be a problem, but as a practical matter the owners are informed of the potential for this assistance. Mr. Harper further commented on potential problems in shortening the process because of statutory requirements. Councilman Alongi xequested that the work session address potential alternatives. City Attorney Harper indicated that this matter could be agendized for the next meeting to set appropriate policy. Mayor Washburn commented on the need to implement the process as soon as possible. He further commented on the budgeting for this program and the ability to speed up the cost recovery process. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Communitv Facilities District 91-2 - Summerhill nf RnnAc _ nao.,t,.+;,..., wr,. .,~ .. City Attorney Harper explained this item, which involves an excess of funds and allows a call for the bonds which were not necessary allowing for a reduction in the debt. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION N0. 93-3. RESOLUTION NO. 93-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE REDEMPTION OF BONDS AND AUTHORIZING AND DIRECTING ACTIONS IN CONNECTION THEREWITH. 34. Greenwald Avenue. City Manager Molendyk highlighted this item. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ONE YEAR EXTENSION OF TIME BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Substantial progress toward the development of this Tract Map has taken place. PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 26~ 1993 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3. The project as proposed and conditioned is consistent ! with the Goals, Policies, and Objectives of the General Plan. CONDITIONS 1. Tentative Tract Map will expire two (2) years from the date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City permits. 5. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7. All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 8. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. a) Bonding shall be done by phases and not by final map(s) on grading. b) Bonding shall be done by final map(s) for all other improvements. 9. Pay all applicable fees in force at time of issuance of building permits. 10. Class II bicycle lane to be provided along Greenwald Avenue. 11. Prior to final map approval of Tract 25830 the improvements specified herein and approved by the i Planning Commission and the City Council shall be installed, or the bonds and agreement for said _ improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 12. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. rt PAGE EIGHT - CITY COUNCIL MINUTES -,JANUARY 26~ 1993 13. Prior to Final Tract Map approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and recorded. 14. Prior to Final Map approval, applicant shall obtain off- site slope easements for grading from adjacent property - owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 15. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 16. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 17. Comply with all conditions of the Riverside County Fire Department. 18. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 19. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 20. The developer shall submit plans to Southern California Edison for a layout of the street lightinG system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and Shall be installed in accordance with the City Standards. 21. Meet all requirements of Southern California Edison Company. 22. Meet all requirements of Southern California Gas Company. 23. Meet all requirements of General Telephone. 24. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 25. DELETED. 26. Bond for drip or sprinkler irrigation system for common areas, as required by the Director of Community Development. 27. Annexation to the City~s Landscaping and Lighting District is required prior to approval of a Final Tract Map. 28. Landscaping and lighting shall be maintained by Landscaping and Lighting Maintenance Assessment District or Homeowners Association(s). PAGE NINE - CITY COUNCIL MINUTES - JANUARY 26~ 1993 29. If a homeowners association is to be established it shall,manage and impose fees to maintain all slopes or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners associations documents and all documents to convey title to the homeowners associations. 30. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired), back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 31. Subdivider shall record CC & R~s for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R;s shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC& R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 32. Iiouse plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in affect at the Minor Design Review submittal shall apply for this project. 33. A decorative block or masonry wall shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 34. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Analysis of impacts of fills and cuts greater than sixty-feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100~ for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 35. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 17.82 of the Municipal Code prior to building permit approval and shaTl be subject to PAGE TEN - CITY COUNCIL MINUTES - JANUARY 26~ 1993 further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 36. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 37. DELETED. 38. All residences shall be served by a sidewalk along lot frontage. 39. DELETED. 40. Prior to commencement of any grading or construction on- site permits shall be obtained from State Fish and Game, if required. 41. Prior to commencement of any grading or construction on- site, permits shall be obtained from the Army Corps. of Engineers, if required. 42. All project mitigation measures, listed within the Mitigated Negative Declaration 90-14, shall be incorporated into project design and development. 43. Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. 44. DELETED. 45. The applicant shall apply for and be qrated an amendment to the Habitat Conservation Plan (HCP)boundaries. A 10 (a) Permit, which allows for an incidental taking of the Stevens Kangaroo Rat, shall be issued to the applicant prior to the submittal of a of a Final Tract Map for this development. Enaineerina Department Conditions 46. Al1 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. 47. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52;.030). Document can be obtained from the Engineering Department. 48. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution 85- 26) . 49. Submit a"Will-Serve" letter to the City Engineering Department, from the applicable water district, stating the water and sewer arrangements have been made for this PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 26~ 1993 project. Submit this letter prior to applying for building permit. 50. Construct all public works improvements per approved 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). 51. 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. 52. Street Improvements plans and specifications shall be prepared by a City Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest editions, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 53. Desirable grade for local streets is nine percent (9%). The maximum grade of fifteen percent (15%) should only be used because of design constraints. 54. DELETED. 55. 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. 56. DELETED. 57. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 58. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of Final Map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 59. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 60. Contribute $345.00 towards the City's Master Entryway Sign Program. 61. DELETED. 62. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. _ 63. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 64. All tracts and engineering shall be digitized by PAGE TWELVE - CITY COUNCIL MINUTES - JANUARY 26~ 1993 developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate f Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1,000 per sheet for future digitizing, excluding the title sheet. 65. No residential lot shall front or have access to Greenwald Avenue. 66. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 67. All local streets shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. Restricted local double loaded streets (cul-de-sacs and looped streets 1,000 feet or less) shall have fifty (50) of right-of-way and thirty-six (36) feet curb-to-curb with a three (3) foot utility easement on each side of the street. 68. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 69. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 70. Applicant shall contribute $27,000 for nine (9) future traffic signals on Highway 74 and $15,000 for fire (5) traffic signals on Summerhill Drive, on and off ramps at Interstate 15 and Railroad Canyon Road. This development will increase traffic at these intersections at least two percent (2%) and should contribute two percent (2%) towards construction. 71. Applicant shall coordinate drainage facilities with Tuscany Hills project in particular Tract 25074. Tract 25830 lies within hydrology study area of the Tu~cany Hills project. 72. DELETED. 73. If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 74. The sidewalk and parkway portion of the public right-of- way along Greenwald shall incorporate meandering sidewalks and enhanced treatments. The landscape plan shall be approved by the Director of Community Development. 75. The entry points at "A" Street and "D" Street shall incorporate landscape entry treatments utilizing enhanced landscaping materials. The landscape plan shall be approved by the Director of Community Development. 76. Applicant shall comply with the provisions of Section 15.72,040, General Criteria. PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 26~ 1993 77. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all master Planner drainage facilities constructed. 79. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 80. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutants Discharge Permit prior to issuance of grading permit. 35. Extension of the Section 10(a) Incidental Take Permit for the Steven's Kangaroo Rat (SKRZ. City Manager 'Molendyk explained that this is a procedural action for extension of the existing permit. He suggested that Councilman Alongi provide input in that he has represented the Council on this issue. Councilman Alongi indicated that he disagreed with this item, however, it is a legal requirement. Mayor Washburn indicated that this permit is held jointly with a number of other cities and plans are also underway for a multi-species plan. Councilman Alongi indicated that one of the problems is that the K-Rat is also identified for the multi-species permit. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE EXTENSION OF THIS PERMIT AND AUTHORIZE EXECUTION OF THE NECESSARY DOCUMENTATION. 36. Outdoor Activitv Permit 93-1 - Chamber of Commerce Annual Wlnter Carnlval (Februarv 11-14 1993. City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE OUTDOOR ACTIVITY PERMIT 93-1 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilman Alongi indicated that he was under the impression that once the C.U.P. was removed, the Chamber would no longer need to apply for each event. Community Development Manager Shear advised that his understanding was that the new process was not fully adopted and the existing ordinance would still apply. City Attorney Harper confirmed that the draft ordinance was still beinq reviewed, however, indicated that he was not certain how that ordinance would affect this item. PAGE FOIIRTEEN - CITY COUNCIL MINUTES - JANUARY 26~ 1993 v Councilmari Alongi suggested that the Chamber apply for a C.U.P. to avoid individual applications. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS - 1. The proposed outdoor Activity Permit is a temporary use and is a Class 4(e) exemption under the California Environmental Quality Act (CEQA). 2. Adequate conditions and safeguards pursuant to Section 17.98.060 of the Lake Elsinore Municipal Code have been incorporated into this approval of the Minor Temporary outdoor Activity Permit to insure that the use is carried out in a manner envisioned by these findinqs for the term of the temporary use. 3. The proposed temporary use will not be detrimental to the general health, safety, or welfare of persons residing or working within the neighborhood or the proposed use or the City, or injurious to property or improvements int he neighborhood or City. CONDITIONS 1. Prior to the start of any grading, the applicant shall obtain all necessary grading permits from the City. 2. Prior to the commencement of operations, the applicant shall submit all binders of Liability Insurance naming the City of Lake Elsinore as additional insured. 3. Prior to the commencement of operations, the applicant shall obtain all applicable building and electrical permits from the City for the inspection of all structures and electrical equipment. 4. Prior to the commencement of operations, and no later than February 10, 1993, the applicant shall call the Building Division for a full site inspection. 5. Prior to the commencement of operations, the applicant shall comply with the following requirements: a. Meet all applicable Health Department requirements. b. Obtain all required health permits for food service by February 19, 1993. c. Provide grease holding and disposal method to the County Health Department by February 10, 1993. d. Clean and screen food booth by February 10, 1993. e. Provide adequate drinking water facilities for the public by February l0, 1993. f. Provide adequate public restroom facilities for both male and female by February 10, 1993. PAGE FIFTEEN - CITY COUNCIL MINUTES - JANUARY 26~ 1993 6. Prior to the commencement of operations, the applicant shall install improved lighting at both sides of the crosswalk and provide additional lightinq to the parking lot across the street by February 10, 1993. 7. Prior to the commencement of operations, the applicant shall clear and chalk the paring aisles and emergency lane by February 10, 1993. 8. Prior to the commencement of operations, the applicant shall submit plans illustrating parking aisles and provisions to maintaining traffic flow. 9. Prior to the commencement of operations, the applicant shall post "No Alcohol" signs in all parking areas. 10. Prior to the commencement of operations, the applicant shall indicate the location of the First Aid Station/Information Booth. 11. Prior to the commencement of operations, the applicant shall submit information to the City by February 10, 1993, that a security agency will provide at least ten (10) employees, and that there will also be volunteers for traffic control and these personnel will be issued orange vests. In addition, these personnel are to be informed of the basio operations of the parking layout and Traffic Control Plan. 12. Prior to the commencement of operations, the applicant shall clear and grade the carnival area of all rocks and ensure that all electrical cords are covered. 13. Applicant shall maintain a cellular telephone for emergency use (temporary telephone booth). 14. Parking shall be prohibited on both sides of Franklin Street adjacent to the event. Temporary "NO Parking Any Time" signs shall be posted on barricades placed not more that 150 feet apart between a point approximately 1,000 feet west and east of the entrance. These are to be maintained for the duration of the event. 15. The entrance to the parking lot, or lots, shall be clearly marked so that all motorists will know where to enter and exit the parking lot. 16. If the open area across Franklin Avenue is to be used for parking, the Franklin Avenue side is to be roped off so that pedestrians are funneled to cross only at the crosswalk. If a large number of pedestrians are generated at any time, some sort of attendant traffic control will be required to stop vehicles when pedestrians need to cross the road. 17. All signs and barricades are to be provided, installed and removed by the applicant. Removal shall occur no later than the following day after the event. 18. The applicant shall remove all trash and debris that results from the event, and from the str~et right-of-way on Franklin Avenue and on Casino Drive. ~ PAGE SIXTEEN - CITY COUNCIL MINUTES.- JANUARY 26~ 1993 v 19. Grading of the rodeo ground shall be minimal and no alteration of the existing contours shall be permitted. 20. Prior to the commencement of operations, the applicant shall comply with the following provisions: a. Provide access for emergency vehicles. 1. A designated 12-foot fire land around the perimeter of the carnival grounds shall be maintained at all times. 2. Provisions must be made for the ingress and egress of emergency vehicles to and from the rodeo grounds due to the possibility of vehicular traffic backing up disabling emergency vehicles to access. 3. Al1 brush, weeds, litter and similar combustibles shall be cut and removed from all parking areas no later than February 19, 1993, and a thirty- foot (30') wide disked area shall be provided around the entire perimeter of all parking areas. 4. Prior to the commencement of operations, the applicant shall request a fire safety inspection conducted by the County Fire Prevention staff. 21. Upon approval of the Minor Temporary Outdoor Activity permit, the applicant shall present proof that he/she has complied with all conditions herein contained to the Planning Division no later than 3:30 p.m., February 10, 1993. 37. Citv-Wide Off-Site New Residential Directional Sians. City Manager Molendyk explained this item and the work to this point. He stressed that this is an effort to eliminate the clutter on weekends with developers placing signs in medians, planters, etc. He further explained that these signs will be placed in 33 locations throughout the City and showed a rendering of the sign format. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE THE SIGN PROGRAM AND LOCATIONS AS PRESENTED. Councilwoman Cherveny commented on her prior involvement with the Community Development Corporation and their efforts toward this type of a program. She suggested that the developers be required to sign an agreement that they will not place individual signs. She indicated that she felt this would be a wonderful proqram. Cheryl Robbins, representing B.I.A., explained the participation in this type of signs, and indicated that the developers are willing to comply. She explained the cost variable between this program and individual siqns with this program costing much less. Councilwoman Cherveny questioned the commitment by the PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 26~ 1993 developers. Ms. Robbins indicated that they are in support of this program and monitoring will occur. Councilman Alongi inquired whether this would be a mandatory program for developers. Ms. Robbins indicated that it was only mandatory if they wanted to use signage. Councilwoman Cherveny inquired whether the local developers had been contacted. Ms. Robbins indicated they had been contacted. Councilman Alongi questioned in the removal of illegal signs by Code Enforcement. City Attorney Harper clarified that nothing changes except the signs are much less expensive. He commented that this has been a very popular alternative in other communities. Councilman Alongi questioned the need to change the sign ordinance to require participation. City Attorney Harper advised that staff will continue to review the sign ordinance. Community Development Manager Shear further advised that paper signs are currently illegal, and any found can be removed. Councilman Alongi commented that the signs are going up every weekend and questioned the ability to prohibit signs. City Attorney Harper stressed that they are currently prohibited and the code allows for fines. Community Development Manager Shear explained that if paper signs are found posted and the developers are part of this program, the City can ask that B.I.A. remove those developers from the master signage. City Attorney Harper also noted that the Council can direct that these cases be prosecuted more rigorously. Mayor Washburn questioned the success of this program in other cities. Ms. Robbins indicated that the response is qood and generally when contacted developers are willing to participate. Mayor Washburn questioned the ability to add signs for new projects. Mr. Shear indicated that this could be done administratively. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 38. City Manager Molendyk explained the formation of Golden Spectrum and their use of City facilities at Lakepoint Park. Ae further explained the proposed advisory committee and its participants. Councilwoman Cherveny commented that she had served as an advisor to this board. She explained that this was a housekeeping item based on previous direction, She also explained that NAACP, AARP and Golden Spectrum representatives would all hold positions on the advisory committee. MOVED BY CHERVENY, SECONDED BY DOMINGIIEZ TO REMOVE GOLDEN SPECTRUM AS THE ADVISORY BOARD AND PROVIDE DIRECTION TO STAF'F FOR FORMATION OF THE ADVISORY COMMITTEE. PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY 26~ 1993 v Mayor Washburn commented on the previously approved projects with C.D.B.G. funding and indicated that once final approval was obtained these projects would proceed. He stressed that the monies are still in place for these projects. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PUBLIC COMMENT3 - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, addressed Mayor Washburn and Councilmembers Dominguez and Winkler regarding removal of Councilwoman Cherveny from the Chairmanship of the Redevelopment Agency, suggested that they were only considering it because they knew it would be a 3 to 2 vote. Sue Bowen, 167 N. Torn Ranch Road, commented on what she felt to be misinformation regarding the City's ability to fill the lake, during the efforts to obtain signatures for the recall. She apologized to Mayor Washburn for believing the comments she heard. She expressed concern with support of Councilmembers Alongi and Cherveny because of promises during the campaign, indicating they should be ashamed of their actions. Ericka Matthies, 403 W. Graham, addressed the recall efforts against Mayor Washburn explaining she had intended to remain neutral on this issue. She stressed the need for a City Council to work together and use conflict properly. She addressed the recall buttons worn by Councilmember Alongi and Cherveny and commented that in her opinion it was unexcusable. She questioned how these efforts could be good for the Community. Frances Whitney, General Manager, Elsinore West Marina, thanked Mayor Washburn on behalf of herself, her friends and associates for his efforts in the Community. She offered her support to him in fighting the recall. She also expressed gratitude to Councilmembers Dominguez and Winkler for their work in the Community. Earl Doyle, 321 Michele Drive, thanked Councilmembers Alonqi and Cherveny for their first nine months of service to the Community. He indicated that he has learned more in the last nine months than in the last four years. He noted that items have been pulled and explained for public information, which was very helpful. He thanked Councilmembers Alongi and Cherveny for representing the entire Community. He requested that Mayor Washburn explain the definition of a '~loose cannon". Leon Strigotte, 216 Chaney Street, addressed comments about ~'good old boys" and special interests. He advised that he feels the same people keep making the comments. He commented on the similarity between members of this Council and Stalin or Hitler. He stressed the increased sales tax and general revenue which has occurred after the last few years. He further stressed the improved parks, roads, etc. over the same few years. He commented that he is tired of half-truths and lies. Bob Houts, 32946 Rose Avenue, commented on the Lake Edge Specific Plan and a meeting held on January 15th. He commented on the difficulty in providing input to the City with the limited access PAGE NINETEEN -, CITY COUNCIL MINUTES - JANUARY 26~ 1993 to copies of this document. He stressed the need for site plans and drawings to clarify this information. He advised that a group of citizens is organizing a group to review the documents and invited residents to attend. Joy Porthunder, 115 Spring Street, supported Mayor Washburn and stressed the need for the Council to work together. Ray Knight, 16504 Mango Way, commented on the potential for disaster that existed with the amount of rain recently received. He further commented that due to the foresight of the previous Council and improvements provided the disaster didn't happen. He thanked Mayor Washburn and City Manager Molendyk for their appearance on King 3 and their efforts to keep the residents informed and help to ease their minds. Chris McColley, 29072 Palm View, supported Mayor Washburn, explaining that she has been a resident for four years. She commented that while she had not always agreed with the City Council, she did not feel the recall should focus on lack of aqreement on certain issues. She encouraged residents to become fully informed before voting on this issue. She questioned the persons being recommended to replace Mayor Washburn in the event the recall is successful and questioned their qualifications. Lois Knight, 16504 Mango Way, supported Mayor Washburn indicating that he had proved his leadership ability. She suggested that the residents wake-up and discover the proponents of the recall and their plans for the Community. ', Sonya Matthies, 20345 Grand Avenue, expressed concern with the _ recall effort. She stressed the efforts of Mayor Washburn to obtain the Lake for the Community, to spray to eliminate odor, to work with the Lake Elsinore Management Authority to obtain the aeration system, and to obtain approval of AB 1697. She indicated that she felt Mayor Washburn had done more than his share to work for the community. She stressed the need for the Council to work together. CITY MANAGER COMMENTS City Manager Molendyk reminded Council of the Study Session to be held on February 2, 1993. City Manager Molendyk addressed the comments of Mr. Knight and detailed the infrastructure improvements over the last nine years. He also commented on the most recent storms and efforts to assist Canyon Lake. He detailed the efforts of City staff over the worst four days and thanked police, fire, public works staffs for their efforts to assist. He further thanked the County Emergency personnel for their support. He also thanked King 3, Elsinore Ready Mix, Park Plaza, A1 Wilsey and other businesses for their assistance and support through the storms. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on the following: 1) Thanked staff for the extra hours they worked to assist during the rains. PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 26~ 1993 ~ 2) Announced that there would be a Business Watch meeting for the Town Square Shopping Center on January 27, 1993 at 9:0o a.m. at Judy's Teriyaki; and encouraged all business owners to attend. 3) Reminded the Community of the Public Hearing/Special Meeting regarding Walmart to be he1d, Tuesday, February 2, 1993, at 5:0o p.m. in City Hall, noting that the location might need to be changed. 4) Congratulated Rick and Lynn Zwiefel for their success with the street fair in the downtown area, and announce that another fair will be held in March. 5) Reported that she and Councilman Alongi had attended a meeting with the Mayor of Perris regarding an anti-gang task force indicating that there were ideas which the City should consider using. 6) Commented on previous comments by Councilmembers Dominguez and Winkler and the lack of neutrality on the part of the City Council. She further commented on her acquaintance with Mayor Washburn and what she felt to be childish actions pertaining to post cards, telephone books and the new City Councilmembers. She also commented that during her term on the City Council there had been no leadership or attempts to build a cohesive team, only examples of how to do things wrong. She noted examples of the actions since April including appointment of Planning Commissioner Neff, vote to refund $90,000 to Woodcrest Development, denial of request to earmark funds in the Murdock/Alberhill Agreement for public safety, approval of request for tax revenues by Leonard 0'Byrne, and charging fees for use of parks by County residents. She noted that the 2,700 people signing recall petitions against Mayor Washburn couldn't all be wronq. Councilman Winkler commented on the following: 1) Councilwoman Cherveny's comments regarding Commissioner Neff, noting that he is a recent resident of the west end of the City, with every Planning credential possible including Harvard. He stressed that he had never met the man before, but was very impressed by his qualifications. 2) Councilwoman Cherveny's comments about workinq with the City Council, noting that she had gone to the press on five different items to attack the Mayor and other Councilmembers. He further noted that he did not remember Mayor Washburn using the press to criticize other Councilmembers. 3) Annexations, noting that Councilmembers Alongi and Cherveny had indicated that the City didn't need any more annexations; further noting the annexations for which they had since voted. He questioned the service to the Community in these actions. 4) The areas on which all five Councilmembers agree, noting the Eastlake Project, the North Peak Project and the City Budget. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JANUARY 26~ 1993 5) The Budget, noting that he sat back and waited for Finance Committee to bring back recommendations, most of which he went along with. He stressed that he felt this was an effort to work together. _ 6) The issues dividing the Council noting the Housing Issue which is a priority to Councilman Alongi. He stressed that the balance of projects between Councilmembers is not always an appropriate olic if onl for the s P Y Y ake of agreeing. He noted the oomments he had received from developers and real estate people with regard to the proposed low income housing project. He further stressed his concerns with the already high crime and infrastructure problems in this area. He advised that he held a letter from EVMWD stating there is inadequate sewer structure in that area. He further noted the statements about "no gingerbread" which related to this project and emphasized his efforts to develop and maintain high development standards for the Community. 7) Previous differences in opinion between Councilmembers and the appropriate and inappropriate ways to work around those differences. 8) Mr. o'Byrne~s project, and the similarities to and differences from the Rancon Project, noting a six month delay in the Rancon Project because they missed the window for a theater. 9) Overreaction of Councilmembers Alongi and Cherveny, noting specific uses of City Staff and City Stationary; negotiations for the Lake Transition, noting that it is not final and could still be messed up. Ae noted the position of Redevelopment Agency Chairwoman indicating he was concerned with the public recall support, politicking and representation of the City to the other agencies involved in the transfer. Mayor Pro Tem Dominguez commented on the following: 1) Noted that his concerns with the recall were presented at the last City Council Meeting; and reminded the Community that he was elected to represent them to the best of his ability. Councilman Alongi commented on the following: 1) Statements by Ms. Matthies, indicated that he agreed 100%, and commented that he does not feel good about his position on the recall. He further indicated that the Lake transition will not be free. 2) Leon Strigotte, indicating he is a supporter of false statements. Mr. Alongi challenged Mr. Strigotte to prove the statements he has made, and noted Mr. Strigotte's recent election losses. 3) Discussions with Sue Bowen. 4) Information provided by Councilman WinkleY, and suggested PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JANUARY 26~ 1993 that he follow through on programs noting that the letter received from EVMWD had been about a different location. 5) The low income housing project and the related "frills", indicating he disagreed with the project for Heald and Ellis the way it was designed, but the desiqned had been worked out with the City Manager and Assistant City Manager. He stressed the amenities comparable to Tuscany Hills including tile roofs, stucco exterior, dual glazed windows, cement, curbs, gutters, sidewalks and landscaping. He agreed with Mayor Washburn, that the City does not need any more slums. 6) Redevelopment Agency fund misuses and abuses, noting Amber Ridge and Walmart. He noted the vacancies on Main Street, in Brookstone and at Albertsons indicating the small businesses don't want to see assistance given to big businesses. 7) Councilman Winkler's comments, noting he was removed from the position on the Design Review Committee, and the Main Street sewer issue came up after his removal. 8) Mail-outs, indicating that Mayor Washburn used City envelopes and postage to mail a letter written from a County resident notifying of a meeting mailed to the County residents. 9) Lake Edge Specific Plan questioning the greenbelt on the City side and not on the County side. He stressed that he was elected to represent the City residents, no the County residents. lo) Annexations, noting the only annexation he opposed was the one on Greenwald. 11) Addressed low income housing explaining the definition of Blight, and noting the 1990 study and statistics regarding income levels for low income housing. He further noted the differences between rented property and owned property, stressing the pride of ownership. 12) Preference for City residents to use parks, noting that it is acceptable to charge the adults, but not the children, no matter where they live. 13) Public Safety, questioning the level of satisfaction with the current rate of crime. 14) Manipulative voting by the Council, noting that a lot of the votes are political. He stressed the responsibility of the Mayor and the difficulty of the position. 15) Efforts during the recent rains noting that he was out with his truck helping with sandbags and getting wet while the Mayor was warm and dry at King 3 Studio. He also noted the increased lake level from the storms and his support at this time of the aeration system. 16) Abuses of the Redevelopment Agency funding, commenting specifically on the change in plans which disapproved the PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JANUARY 26~ 1993 previously approved low income housing project. 17) Support of the recall based on the above mentioned issues and his willingness to call if off, if the Council would work as a team; noting that he wished he had been involved in the recalls for Councilmembers Dominguez and Winkler. 18) His efforts on Main Street to comply when the plans changed for Main Street in multiple ways. Mayor Washburn commented on the following: 1) Announced the Community Development Block Grant Meeting to receive input on use of the funds, on Thursday, January 28, 1993. 2) Comments from Council regarding the storms and flooding, indicating that he was involved with programming on King 3 for 13 hours in addition to assisting with the rescue of five teenagers from the San Jacinto River. 3) Public Safety conoerns indicating that he feels the Council has always worked aggressively to increase the service where possible and he doesn't feel any Council would not try to increase where possible. He further commented on citizen input and participation through Neighborhood Watch and Business Watch programs, indicating that more officers is not always the answer. He further addressed the Murdock project and his belief that setting a precedence to earmark monies from the Development Agreement would not be appropriate. 4) Walmart, indicating that he has spoken with other Chambers of Commerce and found them to be pleased with the success in their communities. He noted increased activity and jobs and commenting that certain difficulties will be encountered by all businesses large or small due to the recession. 5) Design Review Committee, noting that Councilwoman Cherveny had stepped down from this committee and Councilman Alongi had stepped in, with no formal action. 6) Mail outs, indicating he does mail to the County, particularly the senators and congressmen. He stressed the need to communicate with the County residents such as the Southshore Homeowners Association to obtain their participation on the Lake transfer. 7) The Lake, noting the misunderstandings relating to ownership of the Lake during the periods when it dried up _ and fish died. He further noted that the City's opportunity to finally own it is within reach. 8) The politics of the City Council indicating that more politics than government has taken place. He addressed the Councilmembers public support of the recall indicating he felt it to be inappropriate. He stressed the need to work for the good of the Community. ~ PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - JANUARY 26~ 1993 9) The Council Policy Manual noting the areas for which policies were never adopted. He addressed the Code of Ethics section and appropriate dealings with the press. He further addressed the section pertaining to disciplinary procedures and reprimands. He also addressed what he believed to be inappropriate actions by the Council. 10) Suggested that the Council prepare a letter of censure or reprimand to Councilman Alongi for an unauthorized press release. City Attorney Harper advised that he had need for a closed session THE CITY COUNCIL MEETING WAS RECESSED AT 10:34 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:15 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CL03ED SESSION WITH THE REDEVELOPMENT AGENCY TO DISCUSS MATTERS OF PENDING LITIGATION WITH GURROLA AND PARKER AT 11:16 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:40 P.M. NO ACTION TAREN. ADJOURNMENT MOVED HY CHERVENY~ SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:21 P.M. ~ ~~~ ~~~ GARY . WASHBURN, MAYOR CITY OF LAKE ELSINORE AT EST: ,~~j rP ~~ C'KT"K~SAD CITY CLERK , CITY OF LAKE ELSINORE