Loading...
HomeMy WebLinkAbout05-25-1993 City Council MinutesMINOTES REGIILAR CITY COIINCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREET LARE ELSINORE, CALIFORNIA TIIESDAY~ MAY 25~ 1993 •******,k,k******,kt*********a*,k*,k,k,kfttttttt******a****,k****t*******t CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI~ CHERVENY, DOMINGUEZ~ WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Pacific Clav. (F:122.1) Mayor Washburn read this proclamation and presented it to two representatives of Pacific Clay, noting their ongoing contributions to the Community. The representatives accepted the proclamation on behalf of Pacific Clay and Mr. David Murdock and thanked the Council for this recognition. B. Lake Advertisement. (F:92.1) Mayor Washburn commented on a 30 second advertisement which has recently been developed. City Manager Molendyk explained that this advertisement would be shown on OCN in Orange County to promote the Lake. The Videotape was shown. PIIBLIC COMMENTS - AGENDIZED ITEM3 Requests were received to address Item Nos. 24, 32, 33 and 34 of this agenda and deferred to those considerations. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideratione Item No. 5. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. ]PAGE TWO - CITY COtINCIL MIN[TTES ~ MAY 25a 1993 The following Minutes were approved: ae Regular City Council Meeting - May il, 1993. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - May 5, 1993. (F:60.3) 2e Received and ordered filed the L.E.A.F. Animal Control Activity Report for April, 1993. (F:18.2) 3. Received and ordered filed the Code Enforcement Activity Report for April, 1993. (F:54.1) 4. Received and ordered filed the Investment Report for April 30, 1993. (F:12.5) 6e Approved Public Hearing date of June 8, 1993 for the following: a. TMC Development - North Peak Svecific Plan Amendment. (F:150.2) A request to approve a Specific Plan Amendment (SP 90-2) and 7 Tentative Tract Maps as part of Phase % of ~he North Peak Specific Plan Project. ITEM PULLED FROM CONSENT CALENDAR 5. Warrant List - Mav 15. 1993. (F:12.3) Councilwoman Cherveny noted that a number of items on the Warrant List related to the boat launch facility. She pulled those items being warrants to C& C Limited, CHM, Central City Signs, O.C. Stripinq, Signs Plus and Spancrete, indicating that since the facility has not received formal Council approval, she did not feel it appropriate to approve the warrants. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE BALANCE OF THE WARRANT LIST AS PRESENTEDe MOT%ON FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITIi ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE WARRANT LIST AS PRESENTED. Street Faire. (F:151.1) Councilman Alongi requested that an item #39 be added to this agenda regarding the Street Faire. Yie indicated that he would like to consider the request this evening to allow time for advertising and promotion of the event. MOVED BY ALONGI, SECONDED BY CHERVENY TO ADD THIS ITEM TO THE AGENDP. AS ITEM #39. Mayor Pro Tem Dominguez notecl previous comments by Mr. Zwievel that he would no longer be doing street faires. He questioned this request for consideration noting that it might be more appropriate as an appeal. PAGE THREE - CITY COUNCIL MINIITES - MAY 25~ 1993 Councilman Alongi indicated that the Street Faires had been postponed due to legal problems which were now resolved. He noted that this is a good activity for the community, at no cost to the City. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. PUBLIC HEARINGS 21. Cottonwood Hills - Assessment District No. 93-1 -Resolution No. 93-23 and 93-24. (F:22.3) City Attorney Harper explained this item which would reimburse Pardee Construction for improvements to Railroad Canyon itoad. He further explained that this consideration was intended to occur when the Development Agreement was approved. He indicated that this bond issuance would be in the amount of approximately $19 million, and Pardee had already committed to purchase $6 million of those bonds. He stressed the limited risk for the City, since Pardee is willing to proceed with the property and make payments. FIe noted that he has been assured by Pardee that they intend to proceed with development. Councilwoman Cherveny inquired whether this approval will obligate Pardee to spend the $6 million. City Attorney Harper clarified that while there is no obligation, they have in essence already spent the funds on Railroad Canyon Road. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:16 p.m. asking those persons interested in this item to speak. City Attorney Harper indicated that Mr. Magee had intended to be present to represent Pardee, however, he had a family emergency arise this afternoon. Hearing no requests to speak, the public hearing was closed at 7018 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-23e RESOLUTION NO. 93-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT. MOVED BY WINKLER~ SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-24: RESOLUTION NO. 93-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPROVING THE ENGINEER'S "REPORT1°. PAGE FOIIR - CITY COIINCIL MINUTE~ - MAY 250 1993 22. Tentative Parcel Mab 27659 - Oak Grove Eauities. (F:110.2) City Manager Molendyk highlighted this projec~ and staff's recommendations. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:20 p.m., askinq those persons interested in this item to speake Hearing no one, the public hearing was closed at 7:21 p.m. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 27659 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS - TENTATIVE TRACT MAP 27659 1, The proposed subdivision, together with the ~rovisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan and the Elsinore City Center Specific Plan. (Government Code Section 66473.5) 2e The effects this project is likely to have upon the housing ne2ds of the region and needs against the public service af its residents and available fiscal and environmental resources have been considered and balanced. 3. The design of the subdivision provides to the extent feasible, for future passive or natural heating and cooling opportuni~ies in ~he subdivision. (Government Code Section 66412.3) 4. Elsinore Valley Municipal Water District (EVMWD) has determined that the discharge of waste £rom the proposed subdivision into the existing sewer system will not result in a violation of the requirements as set out in Section 13000 et seq, of the California Water Code. (Government Code Section 66474.6) PLANNING DIVISION CONDITIONS le Tentative Parcel Map will expire two (2) years from date of approval unless an extension of fime is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Acto 2. The Tentafive Parcel I~Iap shall comply with fhe State of California Subdivision Map Act and shall comply with all applicable requirements of ~he Lalce Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3o A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. The Cityos Noise Ordinance must be met during all site preparation activity. PAGE FIVE - CITY CODNCIL MINQTES - MAY 25~ 1993 5. Any street names within the subdivision shall be approved by the Planning Division. 6. Pay all applicable fees in force at time of issuance of building permits. 7. Prior to final approval of Parcel Map 27659 the improvements specified herein and approved by the 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 applicable conditions shall be complied with. 8. Final Map shall reflect plotting as approved on plans date stamped April 30, 1993. 9. Building permits shall not be issued until proof that all school mitiqation fees have been paid is presented to City Building Division. 10. Comply with all conditions of the Riverside County Fire Department. This shall include providinq any required fire protection facilities. il. The developer shall meet all requirements of Southern California Edison. Plans for a street lighting system shall be submitted to them for review and approval. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 12. Meet all requirements of Southern California Gas Company. 13. Meet all requirements of General Telephone, 14. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). This shall include providing connection to public sewer for each lot within the subdivision. In addition, no service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 15. All trailers used during construction shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailbox plans shall also be subject to review and approval of the Planning Division. 16. 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 gradinq permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and PAGE SIB - CITY COUNCIL MINII'I'ES - PSAY 25' Ygg3 permanent erosion control measures are required. The applicant shall bond 110~ for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 17. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an 01Acknowledgmen~ of Conditions1B and shall return the executed original to the Community Development Departmento 18. The applicant shall cause to be recorded an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement in favor of all lots, subject to the approval of the Community Development Director. In addition, CC & R's shall be approved by the City Attorney and the Community Development Director which enforces standards of building maintenance and participation in landscape maintenance. The CC & R's shall be recorded prior to finalization of the map. 19. All development associated with this map requires separate Design Review approval in accordance with Section 17.82 of the Municipal Code prior to building permit approval, and shall be subject to review to determine the required level of environmental documentation subjec~ to ~he provisions of the California Environmental Quality Act (CEQA) Guidelines. 20. A geotechnical seismic report with findings and associated recommendations to mitigate potential hazards will be required to be submitted to the Engineering and Planning Departments prior to recordation of the final map. ENGINEERING DEPARTMENT CONDITIONS 21. 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. 22. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Departmen~. 23. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85-26). 24. Submit a"Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 25. Construct all off-site public works improvements per approved street plans (MUnicipal Code, Title 12). PAGE SEVEN - CITY COtINCIL MINiJTES - MAY 25~ 1993 Plans must be approved and signed by the City Engineer prior to final map approval. 26. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes, (Lake Elsinore Municipal Code 12.04 and 16.34). 27. 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, Resolution 83-78). 28. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 29. Applicant shall obtain all necessary off-site easements for off-site qrading from the adjacent property owners prior to final map approval. 30. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 31e On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 32. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 33. Submit Hydrology and Hydraulic Reports for review and approval by City Enqineer prior to approval of final map. Developer shall mitigate any floodinq and/or erosion downstream caused by development of site and diversion of drainage. 34. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 35. Applicant shall obtain any necessary Cal Trans permits and meet all Cal Trans requirements. 36. Enter into a subdivision agreement with the City for off-site improvements and post appropriate bonds. 37. All improvement plans and parcel maps shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC Info/GIS or developer to pay $1,000.00 per sheet for the City to digitized. EAGE EIGHT ~ CITY COiJNCIL MINOTES - kIAY 25a 5993 38. Developer shall install blue reflective pavement ffiarkers in the street at a11 fire hydrant loca~ions. 39, Developer shall be subject to all Master Planned Drainage fees and will receive credit for all master planned drainage facilities constructed. 40. Yf 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 securityo 41. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability. 42e All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 43. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. 44. Applicant shall dedicate sufficient land along Grape Street to provide for a 110 foot right-of-way grom the westerly corner to 300 foot southerly (55 foot half section). The remaininq section of Grape Street shall have a 100 £oot right-of-way. 45. The applicant shall construct conduits and pu11 boxes for a future signal at the main entrance (second driveway £rom Railroad Canyon Road) of the site. He shall also contribute 75 percent (75~) of the cost for the future design and construction of the traffic signal prior to issuance of building permits. 46. The owner shall provide the City with proof og fiis having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge Elimination System (NPDES) and submit the storm water pollutant prevention plan prior to grading permit. 23. Specific Plan 92-1 and Tentative Tract MaA 27223 fCape of Gooc Hobe) Friendly Group 7- Ordinance No. 954. (F:150.2)(X:160.2) City Manager Molendyk summarized this project and noted that it had been heard by the Planning Commission on several occasions. The City Clerk reported no written comments or protests, Mayor T~7ashburn opened the public hearing at 7:24 pem.e asking ~hose persons interested in this item to speak. Bill Fruin, Driftwood Lane, indicated that this project is located behind his home. He noted an easement which is PAGE NINE - CITY COONCIL MINUTES - MAY 25~ 1993 also behind his home which has come to be used like an alleyway, causing a loss of privacy for his home. He suggested that a keyed gate at each end of this easement would assist in resolving this problem. He expressed concern with the amount of fill dirt used behind his home and questioned the level of maintenance which would occur on the slope. He noted other areas where the slopes are not adequately maintained. He further noted the increased loss of privacy with the construction of these homes and questioned whether they one be one or two story homes. Mayor Washburn indicated that while he has not seen the model plans for this tract, he believed the homes with which Mr. Fruin was concerned might be Lewis Homes rather than this applicant. Belinda Nabonne, Apple Blossom Lane, expressed concern wih the proposed project, notinq that a number of the back yards in this project will be facing the front yards on her street. She also noted the difference in elevations and expressed concern with the fencing proposed, as wrought iron will afford her street views of items that are commonly in back yards. She suqqested that this wall of the development be solid, or that particular row of homes be deleted from the plan. Fred Crowe, representing the Keith Companies, indicated that they are the designers and planners of this project. He stressed the efforts to please the adjoining property owners, noting that he feels it will be a very nice project. He confirmed the elevation difference noted by Ms. Nabonne. He indicated that this row of homes is designed for view lots, noting that they will not have conventional back yards. He detailed the proposed confiquration of these homes on the lots. He indicated that the Property Owners Association would be responsible for maintaining slopes and he would see no problem with placing a gate on the easement as requestede City Manager Molendyk requested clarification of this project versus the location of Lewis Homes. Mr. Crowe indicated that the pads mentioned must be Lewis Homes, as there are no pads graded for this project to date. Mayor Washburn closed the public hearing at 7:24 p.m. Councilwoman Cherveny clarified for Mr. Fruin that this development would have a homeowners association which carried more authority that CC & R's. Mr. Fruin expressed concern that the maintenance would be only as good as the enforcement. Mrs. Cherveny further clarified that authority of a homeowners association. After review of the project map, it was determined that the pads behind Mr. Fruin's home are part of ~he Lewis Homes project. City Manager Molendyk suggested that Mr. Fruin meet with City Planner Leslie for an update on the Lewis Homes project. Councilwoman Cherveny addressed page 5, item 17 of the specific plan regarding a commitment for additional fire and PAGE TEN - CITY COONCIL MINIITEB - MAY 25~ 1993 police services. She requested that consideration be given to an assessment to address at least the first year°s services. She suggesteci possibly $500 per unit. City Manager Molendyk requested clarifica~ion from the City Attorney with regard to the ability to assess such a fee in this case. City Attorney Harper explained that in contrast to a development agreement consideration, the City is not able to assess fees which have not been adopted by ordinanceo He indicated that such a fee would need to be based on benefit and actual cost of services. He further indicated that if the developer is committed to the City-wide tax, then there is no problem imposing that. Mayor Washburn indicated that there was one additional gentleman requesting to speak and he yielded the floor to him. Chris Newell, resident of Spruce Street, addressed the proposed wall around this developer and suggested fhat the perimeter be stucco and 5 to 6 feet tall to eliminate views into the back yards. He stressed the need to look at the new Lake Elsinore and involve the residents in the progress. He indicated that he wants to be involved in the development of this area to maintain the quiet, pleasing atmosphere wrhich now exists. He concurred with the concerns earlier expressed concerning the easement notinq that there is a problem with teens congregating there. He agreed that a gate at Ohio Street would help, Councilwoman Cherveny questioned the easement. Mr. Crowe indicated that it was part of the Lewis Homes project. Mayor Washburn questioned the open space and handling of the landscapinq plan. Mr. Crowe noted that his project is conditioned to obtain design approval for the entire fencing program and landscaping plan for this project. He stressed the applicant's sensitivity to the concerns of the neighboring property owners. He also indicated that when those plans come forward the adjacen~ property owners could be notified. Mayor Washburn commented on the grading and inquired how dust and land slippage would be mitigated. Mr. Crowe indicated that this would be continually monitored by the soils engineer. He further indicated that the project is conditioned to be landscaped immediately after grading. Councilman Alongi noted other existing problems with homes overlooking other properties and suggested that possibility of an ordinance to address this, Councilwoman Cherveny questioned the Council's ability to place a condition such as #46 requiring funding of a portion of a traffic signalo City Attorney Harper indicated that this was pursuant to an adopted fee, MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE MITIGATED NEGATIVE DECLARATION 92-1, APPROVE SPECIFIC PLAN 92-1, APPROVE TENTATIVE TRACT MAP 27223 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS WITH THE NEIGHBORING RESIDENTS TO BE NOTIFIED OF DESIGI3 CONSYDERATION ON THE FENCING AND LANDSCAPING; AND ADOPT ORDINANCE NO. 954. PAGE ELEVEN - CITY COIINCIL MINIITES - MAY 25s 1993 Mayor Washburn thanked the Planning Commission, residents and applicant for their willingness to work together to address concerns and commended them for their cooperative efforts. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING. Councilman Winkler indicated that he had abstained due to potential conflict, in that the property is behind his home. He assured the residents that he would be aware of the problems occurring in the easement and keep the Sheriff's Department advised. FINDINGS - SPECIFIC PLAN 92-1 1. The Cape of Good Hope Specific Plan meets the city~s Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Development regulations provided in the City Zoning Code shall apply, unless specified in the Cape of Good Hope Specific Plan. Approval of the Specific Plan Shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, except in those areas where the Specific Plan expressly regulates a use. This request will comply with the California Environmental Quality Act (CEQA). Mitigated Negative Declaration 92-1 has been prepared with the finding that this project will not have any adverse impacts on the environment or that any impacts will be adequately mitigated. FINDINGS - TENTATIVE TRACT MAP 27223 l. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and program specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473.5) 2. The effects this project is likely to have upon the housing needs of the region and the needs against the public service of its residents and available fiscal and environmental resources have been considered and are balanced. 3. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3) 4. Elsinore Valley Municipal Water District (EVMWD) has determined that the discharge of waste from the proposed subdivision into the existing sewer system PAGE TWELVE - CITY COIINCIL MIN[TTES - MAY 25, 1993 will not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Cocle. (Government Cocle Section 66474.6) PLANNING DIVISION CONDITIONS 1. The text of the January 1993 version of ~he Cape of Good Hope Specific Plan ancl the associated environmental document Mitigated Negative Declaration 92-1 shall be revised ico incorporate any corrections and revisions and any typographical errors subsequent to their approval. A final Specific Plan and Neg. Dec. shall be submitted for review and approval by the Community Development Director or his designee within 30-days o£ approval by the City Council. No permit shall be issued until final administrative approval of the Specific Plan and Neg. Dec. by the Community Development Director ar his designee. 2. Developer shall comply with all mitigation measures established within the mitigation Monitoring Proqram for Mitigated Negative Declaration 92-10 3. An open space plan shall delineate areas to be within homeowners' association easements and other maintenance responsibilities and shall be approved by the Community Development Director and the Community Services Director. 4. %iouse plotting, architectural cirawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shalY apply for this project. 5. A wall and fencing plan shall be developed which designates where the various fencing types are to be located, %.E., decorative masonry, or a combination wrought iron and decorative masonry or wood. Said wall and fencing plan shall prohibi~ wood fencing unless provisions are made for a homeowners' association to ensure maintenance. The wall ancl fencing plan shall be reviewed and approved by the Community Development Director prior to final map approval. 6. Automatic Garage door openers shall be installed in all residential unites. Yn cases where garage doors are set back less than 20 feet (20') from the back of the sidewalk, roll-up doors shall be used and shall be subject to approval by the Community Development Director or his designee, 7o For single-family detached housing, on-s~reet parking shall be provided at a minimum of one (1) space per unit/lot. on-street parking can be aggregated within a neighborhood. PAGE THIRTEEN - CITY COIINCIL MINDTES - MAY 25~ 1993 8. All manufactured slopes greater than 30 feet in height shall be contour graded. All cut and fill grading shall be done under the supervision of a geotechnical engineer and all slopes steeper than 2:1 will require a slope stability report. Applicant to post appropriate bonds for certification of slopes (to cover damages attributed to slope failure), which is to be reviewed by the City Attorney for legality and feasibilitye 9. fihe 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. 10. Slopes that are in excess of three-feet (3') in height shall be landscaped and irrigation shall be installed by the developer, and where feasible Xeriscape shall be utilized, and subject to review and approval by the City's Landscape Architect. 11. All open spaces and slopes outside the public right-of-way shall be owned and maintained by either the master home ownerso association or private owners. All open space areas owned by the homeowners~ association shall be offered for irrevocable dedication to the City if deemed necessary or appropriate by the City. Maintenance responsibilities shall be further defined per the provisions of Condition #3 above. 12. Drainage structures required on large slopes shall be designed to avoid an anqular layout or rigid geometric patterns. 13. The developer shall establish a Aomeowners Association and record associated CC & R's to manage and impost fees to maintain all slope 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 or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners association. CC & R's shall be approved prior to final map approval. 14. CC & R's shall also include verbiage prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) tone capacity. CC & R°s shall also include screeninq any ground base satellite disk from street side or visible from line of sight grom surrounding neighbors or adequate landscape screening provided, and no roof- PAGE FOURTEEN ~ CITY COIINCIL MINIITEB - MAY 250 1993 mounted or front yard satellite disk shall be allowed. 15o Tentative Tract Map 27223 is approved subject to the approval of Specific Plan 92-1. 16. Tentative Tract Map 27223 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act, 17. The City°s Noise Ordinance must be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and cease at 5:00 p.m., Monday through Friday. The Mitigation Monitoring Program shall be modified to reflect said condition. 18. Street names within the subdivision shall be approved by the Planning Division. 19. Comply with all conditions of ~he Riverside County Fire Department including: a) all access easements to open space for fire equipment must be approved prior to final map approval, and B) all required fire protection facilities that are ~o be provided must be submitted in writing to Riverside County Fire Department. 20. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 21. 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 EVMWD. 22. Meet all requirements of Southern California Edison Company. Sn addition, the developer sha11 submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lightinq, 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 Standardse 23. Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street Lighting Distric~ pursuant to Resolution 88-27e 24. Prior to final map approval of TTM 27223, applicant shall have entered into a school impact mitigation agreement with the Lake Elsinore Unified School District. 25. Meet all requiremen~s of Southern California Gas Company. 26e Meet a11 requirements of General Telephoneo PAGE FIFTEEN - CITY COIINCIL MINIITES - MAY 25e 1993 27. All trailers and/or mobile homes used during construction, shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailbox plans shall also be subject to the review and approval of the Planning Division. 28. Prior to final map approval the developer shall submit for Community Development Director review an approval a design manual separate and in addition to the design criteria included within the Specific Plan. The design manual shall identify for each architectural theme (established by the Specific Plan) the following specifications: Building materials, textures and colors; roof materials, style, pitch and color, type and style of architectural enhancements; accent materials, textures and colors; building massing and scalep and distinguishing unique features. 29. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department. 30. Pay all applicable City fees in force at the time, (including park in lieu fees), prior to the issuance of Building permits. ENGINEERING DEPARTMENT CONDITIONS 31. 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. 32. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Enqineer prior to approval of final map (Lake Elsinore Municipal Code 16.34). 33. 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). All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 34. Public works improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department Standards and City Codes (Lake Elsinore Municipal Code 12.08 and 16.34)e 35. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 36. Pay all Capital Improvement and Plan Check fees PAGE SI%TEEN - CITY COIINCIL MINtTTEB - MAY 25e 1993 -- (Municipal Code, Title 16, Chapter 16.34; Resolution 85-26). 37. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/21° x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 38. Submit a letter of verification (will-serve) to the City Enqineerinq Department, from the applicable water district, stating water and sewer arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 39. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 40. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 42. Applicant shall enter into a subdivision agreement with the City for all off-site improvements and bond for all public smprovements and grading for subject development as required by the City Engineer and Chief Building Official. 43. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 44. Submit Hydrology and Hydraulic Study for review and approval by City Engineer prior ~o approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage, subject to City Engineer approval. 45. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 46. Developer shall contribute $22,500.00 towards the design and construction of a traffic signal at Mountain Street and Robb Roado This development will increase traffic at that intersection at least 15$ and should contribute 15~ towards construction. 47. Mountain Street shall be fully improved to its ultimate width between Robb Roaci and the tract boundary prior to the first Certificate of Occupancy. PAGE SEVENTEEN r CITY COIINCIL MINLTTES - MAY 25~ 1993 48. Spruce Street shall be fully improved to its ultimate width between Lot 63 and Date Street prior to any Certificate of Occupancy for lots 63 through 67. 49. If gradinq exceeds 50 cubic yards, grading plans shall be prepared by Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 50. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) with a storm water pollution prevention plan prior to issuance of grading permits. 51. The applicant shall provide for permanent secondary access from the easterly boundary of the tract that will connect to Terra Cotta across APN 389-190-002. The connection to Terra Cotta will take place when APN 389-190-002 is developed, in the interim, emerqency secondary access shall be provided to Cherry Blossom Lane, the connection shall be turf block with appropriate landscape; this secondary access shall only be used for emergencies and it shall have a locked gate to be approved by the Riverside County Fire Department and the City Engineere This secondary access shall be permanently closed by means of a cul-de-sac when the access to Terra Cotta is constructed. 52. Storm runoff from the easterly boundary of the site must drain to a drainage easement through APN 389- 190-002 to a natural water course, If it becomes necessary to add a storm drain pipe down Cherry Blossom Lane, the street will be re-paved curb-to- curb where the pipe is placed in the street. 53. All graded pads shall be hydroseeded and have an irrigation system installed on them (for aesthetic purposes and erosion control) if buildinq permits have not been pulled within 90 days of the completion of grading or when determined necessary by the Community Development Director. A bond shall be posted prior to the issuance of grading permits for all 67 lots to insure that this is carried out. 54. Construction equipment shall not use Cherry Blossom Lane and will use Mountain Street for access to the site. Construction equipment will only be on Cherry Blossom Lane to build the storm drainage system. ORDINANCE NO. 954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE EAGE EIGHTEEN - CITY COIINCIL MYNOTES - MAY 25' 1993 ELSINORE, CALIFORNIA, ADOPTING THE CAPE OF GOOD HOPE (FR%ENDLY GROUP VII/K.S. CHEN) SPECIFIC PLAN 92-1. UPON THE FOLLOWING ROLL CALL VOTEe AYES: COUNCILMEMBERSo ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 24. Joint Public Hearing - East Lake Specific Plan 93-3 LLr~4/V.71{.1Vfd O[ LCVGIVL.lIIICIfI, e1yLCClttCial.. ~ t(CSOlULlOId N~ y.f~l.~ lY 92-29 & Ordinance No. 955 & 956. (F:150.2)(X:68.1)(X:134.7) MOVED BY CHERVENY, SECONDED BY ALONGY AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS HEARING TO THE REDEVELOPMENT AGENCY MEETING AND CONCUR WITH THE REDE~IELOPMENT AGENCY'S ACTION. BUSYNESS ITEM~ 31. Commercial Proiect No. 92-1 - Lake Elsinore Plaza - Locate the Intersection of Collier and Central Avenue. (F:58.2) City Manager Molendyk introduced this project. City Planner Leslie highlighted the site map and elevation displays and detailed the location of this project. Zie noted that the separate free standing buildings were not part of this consideration. Councilwoman Cherveny commented that she is less than pleased with the progress of this project, noting their anxiousness to proceed one year ago. She noted that she was willing to support ~he project but doesn't anticipate it will occur quickly, MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 `LO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION NO. 93- 5 AND APPROVE COMMERCYAL PROJECT NO. 92-1 BASED ON EXHIBIT 2 AND TIiE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Washburn noted that he had abstained on this item due to clients in the vicinity. FINDINGS 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the Mitigated Negative Declaration, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2e The project, as approved complies with f.he Goals, Objectives and Policies of the General Plan and the Zoning District in which it is located. PAGE NINETEEN - CITY COIINCIL MINIITES - MAY 25~ 1993 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 and the planning district in which the site is located. PLANNING DIVISION CONDITIONS 1. Design Review approval for Commercial Project No. 92-1 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manger prior to the e~cpiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page one of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. Applicant is to meet all applicable City Codes and Ordinances includinq State handicap requirements. Meet all Riverside county Health Department requirements. 8. Project must meet all requirements of Cal-Trans. No outdoor storage shall be allowed for any tenant. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of building permit. PAGE TWENTY - CZTY COIINCIL MYNIITES - MAY 25~ 1993 11. No roof ladders shall be permitted. 12. Applicant shall use roofinq materials with Class "A" fire rating, 13. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permits. 14. All exterior downspouts shall be constructed within the interior of the building. 15. Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject ~o ~he approval of the Community Development Manager or designee, prior to the issuance of building permit. 16. The final landscaping.irrigation plan is to be reviewed and approved by the Cityas Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A landscape Plan Check Fee will be charged prior to final landscape approval based on the consultant's fee plus forty percent (40~). a) All planting ares shall have permanent and automatic sprinkler system with Y00~ plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at leas~ twenty- four-inch (24") box. On areas where screening, is necessary trees shall be at least thirty six-inch (36°1) box size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50~ parkinq lot shading in fifteen (15 ) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. PAGE TWENTY-ONE - CITY COUNCIL MINOTES - MAY 25, 1993 g) The landscape plan shall provide £or ground cover, shrubs, and trees and meet all requirements of the Cityas adopted Landscape Guidelineso Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements sha11 be bonded 120~ Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100~ for material and labor for one (1) year, i) Al1 landscaping and irrigation shall be installed within affected portion of any phase at the time a eertificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plano k) Fina1 landscape plans to include planting and irrigation details. 17. All undeveloped building pads along Collier and Central Avenue shall be hydroseeded, irrigated and maintained by the developer until such time they are ready to be developed, 18. If the theater building is to be forty five (45') in height, the applicant shall seek Conditional Use Permit approvalo 19, A11 exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division, 20e All exterior on-si~e lighting sfia11 be shielded and directecl on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontaY plane of the £ixturee The light fixture proposed is to match the architecture of fhe building. All lighting skxall be low pressure sodium lightingo 21. Applicant sha11 annex project into trie City's %andscape and %,ighting Districto 22. The applicant sfiall develop a Uniform Sign Program £or the center which specifies harmonious and consistent colors, materials and specification which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94, The D'Iaster Signage Program sha11 be reviewed and approved by the Planning Commission. All signage including freestanding signs sfiall be PAGE TWENTY-TWO - CITY COUNCIL MINUTES - MAY 25~ 1993 by City Permit and in conformance with the approved master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 23. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District t)EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 24. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12' x 20' (twelve-foot by twenty-foot) loading space as required by the City Municipal Code. 25. Trailers utilized during construction shall be approved by the Planning Division. 26. On-site surface drainage shall not cross sidewalks. 27. Parking stalls shall be double-striped with four- inch (4") lines two-feet (2') aparte 28. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 29. A six foot (6") high masonry block wall shall be constructed along the side adjacent to f.he cemetery and shall conform to Section 17.37.070 (Fences and Walls), subject to the approval of the Community Development Manager, prior to issuance of building permit. 30. An eight foot (8') high decorative masonry block wall (to match the building design) shall be constructed along the side adjacent to the Freeway and shall conform to Section 17.37.070 (Fences and Walls) , subject to the approval of the Community Development Manager, prior to issuance of buildinq permit. 31. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions'~ and shall return the executed original to the Community Development Department for inclusion in the case records. 32. This project shall be subject to the mitiqation measures of Mitigated Negative Declaration No. 93-5. ENGINEERING DEPARTMENT CONDITIONS 33. Meet all Conditions of Approval for the Tentative Parcel Map No. 24571. PAGE TWENTY-THREE - CITY COtTNCIL MINIITES - MAY 25~ 1993 32. :110.2 City Manager Molendyk explained this item and detailed the location. He read the following letter from Alan Manee, Manee Consulting Services: Honorable Mayor and City Council: On behalf of the project applicants, we accept the conditions of approval and make one request to this action. The applicant requests that this time extension be granted for a 24-month period due primarily to a very uncertain residential housing market. As you know, this is a"fill-in" project and all lots are oversize. We feel that it will be one of the first small subdivisions sold. Our concern is the most uncertain housing market for the Southern California area which prompts this request. We feel that the additional time would be a prudent consideration under these circumstances. Thank you for your consideration in this matter and understanding. Alan Constantino Manee, Principal Alan Manee, 409 Oak Lawn Avenue, South Pasadena, explained this request further and stressed the difficulty in the current housing market. He indicated that the project is ready to go but at present confidence with the economy is shaken. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO GRANT A 24 MONTH EXTENSION OF TIME FOR PARCEL MAP 24481~ BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING REVISED AND ADDITIONAL CONDITIONS OF APPROVAL. FINDINGS 1. Substantial progress toward the development of this Tract Map has taken place. 2. The project as redesigned and reconditioned is consistent with the Goals, Policies, and Objectives of the General Plan and the Zoning District in which it is located (R-1). 1. Tentative Tract Map No. 24881 (Exhibit "B") will expire January 8, 1994 unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with Title 16 (Subdivisions) of the Municipal Code. 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. The Tentative Tract Map shall comply with the PAGE TWENTY-FOIIR - CITY COIINCIL MINIITES - MAY 25~ 1993 Conditions of Approval imposed by the County of I2iverside Board of Supervisors on January 1, 1991. ENGYNEERING DEPARTMENT CONDITIONS 4. All improvement plans and tracts shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with the City's ARC info/GIS or developer to pay $1,000. per sheet for City digitizing. 5. Annex to the City Landscaping and Street Lighting District. 6. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 7. Developer shall be subject to all Master Planned Drainage Fees and will receive credit gor all master planned drainage facilities constructed. 8. Yf 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. owner 9. The shall provide the City proof of his having filed a Notice of Intent with the Regional Water quality Control Board for the National Pollutants Discharge Elimination System (NPDES) with a storm water pollution prevention plan prior to issuance of grading permits. l0. The connection of "A" Street (as proposed on Exhibit "B" with Terra Cotta shall match the future alignment of Terra Cotta. 33. Extension of Time for Tentative Tract Mab No 25098 - Grunder Tract located east of the I-15 Freewav and Adiacent to the Closed Elsinore Landfill. (F:160.2) City Manager Molendyk indicated that this request is ~he same as at the last meeting, however, it was sent back for further staff review of the pending frontage road. City Planner Leslie indicated he had discussed this issue with the applicant and noted that verbiage had been included for a condition, however, ~he applicant was not in agreement with it. Mayor Washburn noted a proposed condition supplied by the applicant. Mayor Pro Tem Dominguez indicated that the applicant°s proposed condition would address his concerns, City Planner Leslie indicated that he would concur with the - condition. Councilman Alongi requested the City~Attorney~s input on the verbiage presented. City Attorney Harper indicated that the ~, PAGE TWENTY-FIVE - CITY COIINCIL MINUTES - MAY 25~ 1993 way it was drafted was no problem, and noted that when the District formation begins, additional discussions will most likely occur anyway. He indicated that the condition would be a good compromise. MOVED BY DOMINGUEZ~ SECONDED BY CHERVENY TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 25098 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL INCLUDING CONDITION NO. 67 AS PRESENTED BY THE APPLICANT. Councilman Alongi questioned what this additional condition would accomplish if it did not address it adequately. City Attorney Harper clarified that to the extent that there is benefit to this project, it commits the applicant to communication on the district. He indicated that this was as qood a condition as could be drafted at this point in the process while accomplishing what staff and the applicant want. He noted that he had spoken with Mr. Buxton regarding the proposed district and there is some question as to the existence of any benefit to this project; and in fact to date it has not been included in the proposed district. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTEo FINDINGS 1. Substantial progress toward the development of this Tract Map has taken place. 2. The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. PLANNING DIVISION 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 and Title 17 unless modified by these Conditions of Approval. The final map shall include a lot tabulation of all proposed lots. The i~abulation shall include net square footage of all lots and minimum and averaqe lot sizes. 3. Signage for this subdivision shall require City permits. 4. The City's Noise Ordinance must be met during all site preparation activity. 5. Street names within the subdivision shall be approved by the Planning Division. 6. All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. A biological study of site PAGE TWENTY-S%% - CITY COIINCIL MINIITES - MAY 25~ 1993 vegetation and the prior to issuance present, full con permanent Habitat endangered species grading permits. presence of SHI2 must be submitted of grading permits. Yf SKR are ipliance with &'ederal Ynterim or Conservation Programs for the are required prior to issuance of 7. Pay all applicable fees in force at time of issuance of building permits. 8. Class II bicycle lane to be provided along Gruneto Hills Drive. 9. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 10. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). a. This property is in the 1800/1601 pressure zone with maximum serviceable pad elevation of 1680/1481. b. Pay water/sewer connection fee per Resolution No. 971.5 prior to Certificate of Occupancy issuance. c. Presently water/sewer is unavailable to serve this area. d. Submit hydraulic analysis to determine off-site sewer line sizinq and on-site sewer facilities sizing to meet E.V.M.W.D. Standards. e. Submit hydraulic analysis to size on-site and/or off-site water lines to meet Riverside County Fire Department requirements using fire flow plus maximum day demando f. Design and construct: water and/or sewer line along entire project frontage and surrounding areas, to E.V.M.W.D. Standards and Specifications. g. Prepare a focused water and sewer Master Plan for this project. h. Any off-site street improvement extensions require water and.or sewer line extensions within the new streeto i. Design and construct water reservoir, booster pump station and transmission mains sized to meet a regional need for operational, fire, and emergency water requirements. Design shall be subterranean or screened from viewe j. Design and construct sewage lift station sized to meet a regional need for additional area tributary to the station (if required by design analysis). Design shall be subterranean or screened from view, PAGE TWENTY-SEVEN - CITY COUNCIL MINQTES - MAY 25~ 1993 k. Upgrade existing sewage lift station (s) to meet ~he project's additional demand on existing facilities. (if required by design analysis). 1. All facilities must be designed and constructed at owners/developers e~cpense and to the current District's standards and Specifications and Master Plan. m. The Elsinore Valley Municipal Water District anticipates providing sanitary sewer service for the above referenced property basad upon the completion of the 1 m.g.d. expansion of the Regional Wastewater Reclamation Plant. It is estimated that an additional 1 m.g.d. sewage treatment capacity will be available by July 1990. E.V.M.W.D. has also programmed additional expansion of the treatment plant by currently preparing an E.Y.R. for the next phase of construction. By this condition of service the District expresses no warranties as to the availability of sewer service for the above referenced property at such time as applications for sewer service to the property are accepted or approved. 11. 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 E.V.M.W.D. 12. 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. 13. Meet all requirements of Southern California Edison Company. 14. Meet all requirements of Southern California Gas Companye 15. Meet all requirements of General Telephonee 16. All trailers used during construction, project mailboxes and project signaqe shall be subject to Planning Division review and approval prior to installation. 17. 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 plantinq in accordance with the City Landscape Guidelines, prior to issuance of building permits. 18. 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 of any ground base disk and PAGE TWENTY-EIGHT - CITY COIINCIL MINUTEB - MAY 25, 1993 no roof-mounted or front yard disk shall be allowed. CC & R's shall disclose sites proximity ~o landfill. CC & R's shall be subject to the approval of the Community Development Director or his designee and the City Attorney prior to recordation of any deeds or final map. CC & R's shall be recorded with the final map. 19. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. a) Residential plotting plans shall indicate lots requiring vapor barriers for building foundations. b) Foundation plans submitted for building permits must include a vapor barrier detail and affected lots noted on foundation plans. 20. A six foot (6') decorative masonry wall shall be constructed along the project perimeter and rear lots of Gruneto Hills Drive. Precise design, materials, color and location to be determined through the Minor Design Review process. A combination block/wrought iron fence may be used where views are to be preserved, subject to the approval of the Community Development Director or his designee. 21. 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. Interim and permanent erosion control measures are required. The applicant shall bond l00% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 22. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an 01acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 23. All project mitigation measures specified in adopted Negative Declaration 90-13 and in compliance with the Mitigation Monitoring Program for this project shall be incorporated into project design and developmente a) Construction on Lots 77°80, 135-141, 144-146, 153~ 158, 186-189, 199-202 and 230-233 shall require a methane vapor resistant barrier to be installed in each individual building foundation, the design of which shall be approved by the Riverside County Waste Management Division and/or the Riverside County Environmental Health Department. The developer shall be responsible for submitting to the Planning Department vapor barrier plans designed by a registered engineer with solid waste management experience. All building foundation PAGE TWENTY-NZNE - CITY COUNCIL MINQTES - MAY 25v 1993 plans submitted for the above referenced lots shall include details of the vapor barrier. The Building/Safety Department shall be required to inspect and report to the Planning Department on the vapor barriers for each individual building foundation before further site construction can take place. ENGINEERING DEPARTMENT CONDITIONS 24. 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. 25. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52..030). Document can be obtained from the Engineerinq Department. 26. Pay all capital Ymprovement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85- 26). 27. Submit a"Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 28. Construct all public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to final mapapproval. 29. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12.08, Resolution 83-78). 30. Street improvement plans and specifications shall be prepared by a registered Engineer. Ymprovements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 31. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 32. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) shall be the responsibility of the property owner or his agent. 33. Provide fire protection facilities as required in writing by Riverside County Fire Department. 34. Provide street lighting and show lightinq improvements on street improvements plans as required by the City Engineer. 35. 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 PAGE THIRTY - CITY COIINCIY, MINOTES - MAY 25~ 1993 downstream caused by development of site and diversion of drainage. 36. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 37. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protection. 38. Applicant shall enter into an agreement with the City for ~he cons~ruction of public works improvements and shall post the appropriate bonds. 39. Provide Soils, Geoloqy and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification, 40. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Lots 64 through 66, Lots 69 through 73 and Lot 76 shall drain to a common easement or accepted by letter of drainage acceptance. 41. Al1 tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certification of Occupancyo If at the ~ime of Certificate of Occupancy no sys~tem 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 sheete 42. No residential lot shall front or have access to "A1° streete 43. Developer shall provide a traffic study prepared by a Traffic Engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps, and loading of lots on "D" Street prior to Linal map approval and contribute a pro-rata share for the design and construction of these traffic signals subject fo the approval of the City Engineer. 44. Developer shall provide No Parking and Stree~ Sweeping Signs for streets within tract or pay a fee for installation by the City. 45. Developer shall install blue reflective pavement markers in the street at all Fire hydrant locations. 46. Map shall provide for all local streets to have sixty foot (60') right-of-way with forty foot (40') curb-to- curbo Restricted local streets (cul-de-sacs shall have fifty foot (50') of right-of-way with thirty-six foot (36') curb-to-curb with a three foot (3°) utility easement on each side. 47. Map shall provide ~~A" Street with an eighty-eight foot PAGE THIRTY-ONE - CZTY COIINCIL MINQTES - MAY 25s Y993 (88') right-of-way and sixty-four foot (64') curb-to- curb. 48. Southern California Edison easement across "A" Street shall be extinguished prior to final map approval. 49. Prior to the final map approval secondary access must be provided subject to the approval of the City Engineer and as recommended by the Riverside County Fire Department. If the secondary access road is on or near the landfill site, an agreement must be executed between the City, Developer, and Riverside County Solid Waste Manaqement addressing alignment, width, type of road surface and maintenance responsibility including a maintenance schedule and bonding. 50. DELETED. 51. If riqht-of-way or easements are abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 52. Off-site drainage must be contained in brow ditches at the tope of manufactured slopes at the tract boundary. 53. Drainage facilities off-site shall be secured in a drainage easement prior to final map approval. 54. Desirable grade for local streets is nine percent (9%) . The maximum grade of fifteen percent (15~) should only be used because of design constraints. 55. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 56. Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 57. Applicant shall connect "A" Street with Franklin Street off-site as shown on plans prepared by Theilman Engineers. Some lots alonq "A" Street may be eliminated to provide for the connection. All off-site right-of-way for the Franklin Street connection must be secured prior to final map approval. 58. Remainder parcel shall be shown as lettered lots and dedicated to the City on the final map. 59. Secondary access shall be relocated to an alignment at the toe of the landfill returning to interior Street "O" in the vicinity of Lot 200, and be constructed in a manner which does not conflict with final closure or gas extraction plans for the landfill, all as approved by both the City Engineer and the Riverside County Director of Waste Management. 60. Lot 135 to be utilized as an entry statement. Design shall be reviewed and approved by the Planning Commission. PAGE THIRTY-TWO - CITY COUNCIL MIN[JTES - MAY 25s 1993 61. The applicant shall conduct a study on the unexploded rounds at the old tarqet range site, and submit said study to the Planning Division concurrently with project rough grading plans submitted for grading permits. If necessary, remedial action of any unexploded rounds shall be required prior to issuance of grading permits. 62. Landscaping for slopes along "A" Street, particularly Lots 1 through 6, 42 and 43, 168 through 174, 148 and 149 and 135 through 140, Lots 78 through 81 and Lots 20 through 24, shall have uniform setbacks, so that the landscaping looks contiguous along that street, and shall be reviewed and approved by the Planning Commission. Maintenance for said slopes shall be througfi a Homeowners Association or mutual maintenance Agreement, approved by the Community Development Director and City Attorney. 63. Dedicated area shall be identified on the final tract map as landfill buffer. Further, developer shall prepare and record a notice that those lots abutting the dedicated area are adjacent to a landfill buffer and a landfill. 64. Yf 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, the applicant shall obtain a grading permit and post appropriate security. 65. 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 Pollutant System Permit with the storm water pollutant prevention plan prior to issuance of a gradinq permit. 66. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planner Drainage facilities constructed. 67. The applicant shall agree to participate in a future Camino del Norte Improvement District if one is formed, and it can be shown that this Tract is a sig~ificant beneficiary of improvements resulting from said Districte The level of benefit to all affected property owners impacted by this District will be ascertained after appropriate analysis is made and the findings deliberated before the City Council. This agreement in principle by the property owner of record of this Tract, or their successors, shall be valid until such time that a determination is made on the formation of said Improvement District; or thirty-six (36) months; or upon the application for building permits; whichever comes firsto 34. Lake Transfer/Boatina Regulations - Ordinance No 957, (F:92.1) City Manager Molendyk explained this item and its relationship to the pending transfer of the Lake. He clarified that this is adoption of the existing State regulations, and noted that there is flexibility for change later if Council so desireso City Attorney Harper noted that the existing orders would need PAGE THIRTY-THREE - CITY COONCIL MINUTES - MAY 25~ 1993 to be incorporated into the ordinance format. Peter Dawson, 18010 Grand Avenue, addressed the efforts of the Southshore Homeowners to continue discussions with the City. He addressed the regulations to be adopted by the City and indicated his concern was on paqes 3 and 4 regarding launch rights. He sugqested that Section C.4. on page 12 of this report be clarified or deleted. He indicated that it would not be a problem if the lake is maintained at a reasonable high level, but questioned this regulation if it was not. Councilwoman Cherveny indicated that she had met with the Southern California Joint Powers Insurance Authority representatives last week and noted that their biggest concern was the existence of a speed limit. She suggested that it might be appropriate to set a speed limit in the "high speed zone" as well. Manager of Special Projects Watenpaugh concurred that this was a concern of the JPIA representatives and they would prefer that all areas be regulated. Councilwoman Cherveny noted that the speed limit could be waived for special events such as boat races, but a day-to-day regulation should exist. City Manager Molendyk noted that the representatives would be meeting with State officials next. Mayor Washburn stressed the importance of adopting these regulations to insure they are in place for the transfer, Mayor Washburn noted that he had received comments regarding the ability to allow hovercraft, hours of operation, etc. He indicated that the Lake Advisory Committee would be discussing these issues and providing input and stressed the potential for change of this document on a continuing basis. He also noted the attractiveness of the ability to speed on the lake and expressed concern with limiting that. Councilwoman Cherveny clarified that the speed limit had been a request of the insurance representatives. City Attorney Harper explained that the regulations would be the same, however the document would be amended to include numbering for the executive orders. Councilwoman Cherveny questioned the ability to chanqe the document later. City Attorney Harper clarified. Mayor Washburn reiterated the need to have something in place before the transfer occurs. City Attorney Harper recommended adoption of the materials as written and if necessary it can be amended. Councilman Winkler commented that he would assume this document will come back many times; noting that speed limit, hovercraft, etc. are issues which can be pursued further. Councilman Alongi noted that he has concerns with fencing which can be addressed later as well. PAGE THIRTY-FOIIR - CITY COiTNCIL MYN[TTES - MAY 25~ 1993 MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 957: ORDYNANCE NO. 957 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9.96 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO BOATING REGULATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Oktoberfest 1993 - Invitation for Co-Soonsorshin. (F:108.4) City Manager Molendyk e~lained this item and noted that the Chamber had offered to share the 6~ proceeds ~hey would be receiving with the City. Councilman Winkler questioned the cost of advertising to be shared. City Manager Molendyk indicated that it would most likely be ~he cost of staff time. Community Services Director Sapp explained that there was discussion of the City helping to promote the event. He emphasized the Chamber°s willingness to share their 6~ proceeds from the event. He suggested that $1,000 might be the cap for the amount to be spent on the event promotions. Councilwoman Cherveny noted that this is an ~~alcohol-driven" event, and expressed concern with the loca~ion, traffic problems and disturbances fo residents in the area. She stressed the point that this activity would be occurring for four weekends in a row. Mayor Washburn questioned the site choice. Community Services Director Sapp indicated that the site choice had been considered by O'Conner Foods, and this was their first choice and the primary site considered. Iie indicated that he was not aware of interest in any other sites. Mayor Washburn indicated that he thought this even~ was a good idea it properly mitigated. Councilwoman Cherveny questioned ~he possibility of using the airport location. Mayor Washburn indicated that it miqht not be proper timing with the existing water problems at the airport. Councilwoman Cherveny inquired whether the Chamber would be responsible for all permits including A.B.C. license. Tom Hundshamer, President, Chamber of Commerce indicated that the promoter had looked at another site outside City limits, near Highway 74 and the freeway however it had similar problems to the Rodeo sitea PAGE THIRTY-FIVE - CITY COIINCIL MINiJTEB - MAY 25~ 1993 Mayor Washburn inquired whether the participants would be open to other locations. Mr. Hundshamer indicated they would if there was adequate power and water on site and room for the tent. He noted that the Rodeo grounds have water and power and are freeway close. Mayor Washburn suggested that staff work with the Chamber to consider other sites. Mr. Hundshamer stressed the requirements placed on the alcohol licensee with regard to keeping alcohol on site only. Councilman Alongi noted that the Rodeo grounds are in his neighborhood and indicated that he could support the activity, but not at this location. He stressed that this location is in a residential area. He noted the reference to 11bouncer" type security guards and indicated that this would suggest the potential for problems. He questioned the ability to mitigate and control the concerns and their impact on the neighborhood, Mayor Pro Tem Dominguez indicated that he would have no problem with the location, but would want to see a cap placed on the cost of advertising. Councilman Winkler indicated that he does not share the same concerns with regard to the location. He stressed the other continuing events at this location such as the Rodeo which also includes alcohol. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE STAFF RECOMMENDATIONS AND ACCEPT THE CHAMBER IN~IITATION AS A COSPONSOR AND SHARE IN SOME OF THE ADVERTISING COSTS NOT TO EXCEED $1,000. Councilman Alonqi stressed that Councilman Winkler does not live in this area and the rodeo doesn~t go until 1 a.m., as this event does. He indicated that the Chamber might control the traffic effectively, but not at night when the event is over. He stressed the impact of this event on the neighborhood. Mayor Pro Tem Dominguez stressed the City's efforts to promote events for tourism, and the need to evaluate eacfi event individually. Mayor Washburn questioned the motion and whether it was for of nly the one location. He suggested pursuit an alternate location near highway 74 and Central as there would not be the same problems. Councilman Winkler indicated that the motion allowed room for change of the site. THE FOREGOING MOTION WAS AMENDED WITH CONCURRENCE OF THE SECOND TO LOOK AT ALTERNATIVE SITES FOR THE EVENT. Mr. Hundshamer inquired whether the City would assist him in finding other locations. City Manager Molendyk indicated that the City would want to assist to make the event successful. He noted the Autumnfest started at the airport last year and suggested that this might PAGE THIRTY-SIR ~ CITY COIINCIL MIN[TTES - MAY 25~ 1993 be an opportunity to expand the event. He indicated that staff would work with Mr. Hundshamer and return to Council if additional site consideration is needed. THE FOREGOING MOTSON CARRIED BY UNANIMOUS VOTE, Mr. Hundshamer noted O°COnnor Foods willingness and efforts to work with local vendors where possible. Mayor Washburn indicated that he felt this would be a good promotion for the Communitye 36. Launch Ramb Accebtance and Consideration of ExAandina Parkina. (F:92.1) City Manager Molendyk detailed the facilities ins~alled and the success of the facility to date. He noted that based on the volume of use, additional parking is now needed. He indicated that this has been addressed with the property owner and he would agree to additional grading and striping of his property, He noted that this was anticipated to cost and additional $8,000. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ACCEPT THE COMPLETION OF THE BOAT LAUNCH FACILITY AND AUTHORYZE STAFF TO PROCEED WITH THE ADDITIONAL DUST CONTROL FOR THE BALANCE OF THE BOAT TRAILER PARKING LOT, NOT TO EXCEED $8,000. Mayor Washburn inquired whether handicapped parking had been provided to boaters. Manager of Special Projects Watenpaugh indicated that signs have been ordered for the lot across the street, but potential additional spaces could be provided on site. Councilman Alongi suggested that it might be necessary to exclude single cars from the lot. Mr. Watenpaugh indicated that the spaces along Lakeshore are intended for single cars, but it may be necessary to specifically sign those spaces. Councilman Alongi questioned the recommendation and the ability to combine City Council and Redevelopment Agency actions. He suggested that the Redevelopment Agency consideration be deferred to that time in the meetinq. City Attorney Harper indicated that this consideration would be adequate subject to Redevelopment Agency concurrence. Councilwoman Cherveny indicated that she had a problem with the project based on her understanding of the Operating Agreement for the ramp, as well as the construction of the launch ramp without going before Council. She indicated by her reading of the agreement, the City would never own the ramp, or generate any fees. She questioned the arrangement ~or ownership and operation by the State. City Attorney Aarper clarified that the facility will be transferred back to the State. He noted the existing concession agreement and clarified that this ramp could remain in operation until the LERA Inc. facility begins operation again. Councilwoman Cherveny inquired whether $114,000 had been spent for a 1°temporary'° launch ramp. PAGE TSIRTY-SEVEB7 - CITY COUNCIL MINIITES - MAY 25~ 1993 City Attorney Harper explained the conditions under which this facility could continue to operate, as well as being moved to other locations. He clarified that the staff report states that there will be up to $200,000 in revenues transferred to the City with the lake, from this facility. City Manager Molendyk noted a study showing that the concessionaire could not handle enough capacity, and the original general plan for the lake included an additional ramp at approximately this location. City Attorney Harper further clarified that even if the lake had never transferred, the concessionaire agreement only prohibits additional 11concessionaires1°, not facilities. Councilman Alongi questioned the impact of this discussion on the portion of the transfer agreement which states that the City will assume the concession agreement. City Attorney Harper concurred that the City will assume the concession agreement, however that may not preclude continued operation at this location. City Manager Molendyk further clarified that it could not open with another concessionaire, but the City could operate the additional facility. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI ABSTAINING. 37. Rate Yncrease for Refuse Collection, Recyclina and Disnosal. (F:163.1) City Manager Molendyk noted that this would be a pass-thru of the increase in tipping fees. MOVED BY CHERVENY~ SECONDED BY DOMINGUEZ TO CONFIRM THE APPLICATION OF NEW RATES FOR REFUSE PICK-UP~ RECYCLING AND DISPOSAL EFFECTIVE JULY 1, 1993. Councilwoman Cherveny inquired what the amount of fees being generated for the City. David Fahrion, representing CR & R, indicated that to date only the first quarters fees have been paid at a rate of approximately $35,000. Councilwoman Cherveny questioned the status of the Material Recycling Facility. Mr. Fahrion indicated that additional information had been requested and it should return for further review soon. Councilwoman Cherveny inquired why the project had been denied in Perris. Mr. Fahrion indicated that they did not have five councilmembers present at the first vote, but it will be returning on June ist for another vote. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 38. Discussion of Planning Commission Aapointments. (F:60.2) Councilman Alongi indicated that this item was not properly worded, however, his intent was to suggest that this process be altered to allow each elected official appoint a member to the Planning Commission. He stressed the importance of the Council being equally represented on the Planning Commission, particularly since the Mayor is not directly elected and only PAGE THIRT%-EIGHT - CITY COLTNCIL MINUTES - MAY 250 1993 holds the ceremonious title. He sugqested that this would qive more flavor to the Planning Commission. Mayor Washburn noted that this would suggest a change in the existing ordinance. Mayor Pro Tem Dominguez commented that this was informational only. Councilman Alongi indicated that he was looking for Council's approval. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM INDEFINITELYa PIISLIC COMMENTS - NON-AGENDYZED YTEMS Jackson Helton, 33102 Lime Street, indicated that he had sent a lettex to Council on approximately March 20th, with no response. He indicated that he was interested in the rezoning of the Franklin Street area, particularly in ~he 500 block. He explained that he plans to build a mixed use building at that location. He requested that his zoning be granted. Mayor Washburn referred Mr. Helton to City Planner Leslie for assistance. Edith Stafford, 54 Elm Street, read part of a letter from Penny Baker, addressing the construction of the Boat Launch Ramp and indicating that the State could have built this facility. She suggested that the Mayor had been involved in the selection of the contractors for this project and the reason this project had not been included in the capital improvement project list prior to its construction. Chris Hyland, 15191 Wavecrest, addressed Sandy Everett's recent comments and suggested that Councilwoman Cherveny had a right to sue the balance of the Council. She questioned the existence of witnesses as stated by City Treasurer Pape. She indicated that she believes many of the comments in relationship to political signs have been slanderous against Mrs. Cherveny. She assumed that signs had also been sent to the Mayor for outdated Estes signs and questioned whether he holds a current business license. Kevin Jeffries, commented on the State budget discussions and encouraged residents and Council to communicate with other elected officials. He stressed the current effort ~o take all property taxes away from local governments and suggested that Council take a position on this legislative action and write to appropriate legislators. Mayor Washburn addressed Senior Citizens who have written to him recently and indicated that the Senior trips have not been cancelled, however the number of trips has been reduced. Ae indicated that plans are underway for trips in August and December of this year. CITY MANAGER COMMENTS None, CITY COIJNCIL COMMENTS Councilwoman Cherveny commented on the following: PAGE THIRTY-NINE - CITY COIINCIL MINIITES - MAY 25, 1993 1) Senior Citizen trips are continuing and the program has in fact not been cancelled. 2) Encouraged attendance and participation in the Frontier Days Rodeo. 3) Questioned the status of the Little League programs, noting a memo indicating the Wooden Bat League would be using the baseball field form June 6 thru August 1. She expressed concern with limiting use by County children, but allowing outside leagues to use the fields. 4) Addressed a memo from Edwards Cinemas, questioned efforts to proceed and whether staff was working with them. City Manager Molendyk advised that staff is still working with them. 5) Questioned the status of the RDA loan to R.E.W.S., suqgesting that an arrangement be made for payment. She expressed concern that nothing is occurring currently and a precedence is being set, 6) Detailed the signs removed by Code Enforcement and City Staff. 7) Encouraged City Attorney Harper to draft an ordinance for consideration to make provisions for new homes to assist with public safety in the future. She suggested that even the first year of development would help. Councilman Winkler commented on the following: 1) Addressed comments of Kevin Jeffries regarding the State budget and its impact locally. He agreed with the concerns and felt Council should adopt a Resolution stating the City's position, to help protect services to residents. 2) Development occurring in the Centex tract and surrounding area. He thanked staff for working toward this quality of development . 3) Expressed concern with wooden fencing and noted specific areas of concern on Railroad Canyon Road as well as Summerhill Drive. 4) Comments at this meeting regarding use of ball fields, indicating they were inaccurate. Councilman Alonqi commented on the following: 1) Concern with privacy of homes discussed regarding the Cape of Good Hope project and explaine.d the limitations with regard to what the Council can dc: to resoi~~e. 2) Expressed concern with the o'not in r,:;~, back yard" attitude. He stressed the need to assure thai; a,,^t.:;,rities are appropriate to the area proposed. 3) Appointments to the Planning Commission. Stressed the potential for change of direction and stressed the importance of the Council and Planning Commission being comprised of different ideas and approaches. PAGE FORTY - CITY COUNCIL MIN[JTES - MAY 25~ Y993 4) Segregating of little league children. Stressed pas~ efforts to provide parks in each development and concerns with a development in Wildomar being build with no parks. 5) The Sun Tribune expressed concern with the items chosen ~o report on and suggested more appropriate topics which could have been addressed. He indicated the level of disservice to the Communityo Mayor Pro Tem Dominguez commented on the following: 1) Thanked Council for its recoqnition of Pacific Clay and stressed the contributions of this business to the Community. 2) Expressed concern with the three recent drownings in the Lake and encouraged everyone to be more careful, particularly with children near the lake. Mayor 6Vashburn commented on the following: 1) Concurred that caution must be usecl to avoid dangers on the Lake. 2) Addressed the concerns raised by Mr. Jeffries on the State budget and indicated that the Leaque and Assemblyman Haynes are addressing concerns with the proposals. FIe stressed the impact of funds being shifted away from the cities. He suggested consideration of a _ resolution at the next Council meeting. 3) Mr. Newell's comments regarding the new Lake Elsinore and changes for the improvemen~ of f.he communi~y in spite of malcontents. He stressed the emergence of a new community and atmosphere, and the efforts to move forward. CLOSED SESSION None. ADJOIIRNMENT The Regular City Council Meeting was adjourned at 9:35 p.m. ~?~~~/u~~ GARY WAS BURN, MAYOR CITY O LAKE ELSINORE AT ST: ~~ ~ V CKT K.F~S d.T1 CITY C ERK CITY OF LAKE ELSINORE