HomeMy WebLinkAbout06-08-1993 City Council MinutesMINOTE3
REGULAR CITY COiJNCIL MEETING
CITY OF LARE ELSINORE
31315 CHANEY STREET
LARE ELSINORE~ CALIFORNIA
TOESDAY' JIINE 8~ 1993
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor
Washburn at 7:06 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Deputy City Clerk Bryning.
ROLL CALL
PRESENT:
ALONGI, CHERVENY,
WASHBURN
~ WINKLER
ABSENT:
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, City Treasurer Pape and
Deputy City Clerk Bryning.
PRESENTATIONS/CEREMONIALS
A. Presentation - Downtown Video.
Mayor Washburn explained that the Video was unavailable for
the meeting tonight, but that it gives an overview of the
downtown area and will be presented at the next meeting.
Mayor Washburn then addressed the issues of a"Letter to the
Editor" Prom Councilwoman Cherveny to the Californian News
Paper. He e~cplained that she had stated that there was a one
hour response time for Sheriff calls and in fact the average
response time for a priority one call was 8 minutes; a
priority two call, 17.5 minutes; and a priority three call,
31.9 minutes. Mayor Washburn then called on Tom Thomas of
King Videocable to explain the new Crime Committee which is
being formed. (F:127.2)
Tom Thomas explained that he has been interested in public
safety from the stand point that he lives, owns property here
and manages a major business here in Lake Elsinore and that he
got involved in a Public Safety Committee for the City two
years ago and gave an overview of that committee. He further
advised that he was currently involved in the process of
helping to form a Crime Watch Committee which would address
the local problems and be extra eyes and ears of law
enforceraent. Mr. Thomas explained that crime is not just law
PAGE TAO - CITY COUNCIL MINUTES - JUNE 8~ 1993
enforcement it is also the problem of the citizens and this
committee will give the local residents in the City an
opportunity to help. This committee will not be a part of the
Sheriff's Department or a City Council committee, but rather
the citizens. He further explained that King Videocable is
committed to helping this group and assisting in aid to law
enforcement.
Richard Brown explained that he and his neiqhbors addressed
the crime that had occurred in his neighborhood and stated
that it can make a difference. He encouraged all the citizens
of the City of Lake Elsinore to become involved.
Mr. Thomas invited anyone interested in becoming involved to
contact him at King Videocable at 674-0127.
Mayor Washburn then called on Captain Daniel to address the
response time priorities.
Captain Daniel explained that a priority one call receives the
hiqhest priority and addresses life threatening situations
such as accidents with injuries, calls with deadly weapons,
and crimes in progress. Priority two calls are calls for
assistance that are not life threatening but urgent in nature
which includes crimes which have just occurred. Priority
three calls are incidents which require reasonable but not
immediate police response, such as loud parties, reports of a
crime which occurred several hours earlier etc.
Mayor Washburn responded to the report on N.B.C., Channel 4
which reported that Lake Elsinore was one of 165 Southern
California cities which was rated as one of the worst cities
~o live in for crime. Mayor Washburn stated that this was
based on cities in the five county areas which reflected an
inaccurate picture of the crime because it failed to consider
any of the mitiqating measures and was based on resident
population figures for their facts. He asked Captain Daniel
to address this issue.
Captain Daniel explained that there were a number of variables
that were used to rank those cities. The Uniform Crime Report
was used and ~he only correlate between the cities was based
solely on population and is unfair because Lake Elsinore
should not be compared with a city with population of 100,000.
The City should be compared with cities that are equal and
comparable in size. The Uniform Crime Report is also based on
a hierarchy system which means that if you have an incident
which involves several different crimes, only the crime that
is most serious gets reported. Which means that if you have
a crime which involves homicide, robbery, rape, petty theft
and burglary all lumped into one, only the homicide will be
noted. There is no way to compare from just that alone, how
many cities have more crime than others. The Department of
Justice cautions against using these types of inethods to rank
the amount of crime in cities because the analysis creates
misconceptions due to the variables. The Uniform Crime Report
also fails to take into account the aggressiveness of the
local law enforcement agency which may be going out and
identifying more crime. Where a city is located and its
transient population has a big impact on the amount of crime
PAGE THREE - CITY COiJNCIL MIN[TTES - JIINE 80 1993
as well, but is not taken into account in the statistics.
Captain Daniel listed several other possible reasons why
accurate figures are not reported and can cause inaccuracies.
These facts are what caused this report to be false and
inaccurate.
_ Councilwoman Cherveny stated that there was another recent
news article stating that "Major Crimes Per Thousand" in the
County of Riverside placed Lake Elsinore and the surrounding
County area as well as Murrieta as having one of the highest
crime rates. Captain Daniel stated that he felt that this did
not reflect all the contributing factors which create a crime
rate.
Mayor Washburn asked Captain Daniel how he felt in regard to
the local crime rate. Captain Daniel stated that he felt that
the City of Lake Elsinore is no better or worse than any other
city of comparable size. The increases in the City seem to go
along with the national trend.
Councilwoman Cherveny asked if the County impacts the City's
figures.
Captain Daniel explained that the residents from the adjacent
County area, tourists and transients affect the figures
presented and are not reflected in the type of reports that
rate crime. The proactive conduct of the Police Depart will
lend itself to the increased amount of reported crime because
it is being addressed in a more aqqressive manner. He stated
that because of increased law enforcement in the downtown area
the crime rate has been boostedo This is proactive law
enforcement.
Councilman Alongi asked if a priority three call could it take
up to an hour. Captain Daniel stated that it could. Mr.
Alonqi then asked if the response time would be faster with
more officers. Captain Daniel stated that one or two more
officers would not create an impact, that it would take an
increase of at least 50~ to make a difference.
Councilwoman Cherveny explained that she has had the
experience of waiting for over an hour for response from the
Police Department both for a burglary at her office and a
incident at her home with a gun being fired.
PIIBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address Item Nos. 21 and 40 of this
agenda and deferred to those considerations.
CONSENT CALENDAR
The following item was pullecl from the Consent Calendar for further
discussion and consideration:
Item No. 4
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
PAGE FOUR - CITY COONCSL MINUTE~ - JIINE ~a 1993
1. The following Minutes were Approvedo
a. Adjourned Regular City Council Meeting - I~Iay 18, 1993.
(F:44.4)
b. Regular City Council Meeting - May 25, 1993. (F:44.4)
2. Received and ordered filed the Building Activity Report for
I~Iay _1993. (F:32.2)
3. Received and ordered filed the Code Enforcement Activity
Repor~ for May 1993. (F:54.1)
5. Rejected and Referred to the Claims Administrator the claim
submitted by Virginia Uscanga (CL #93-9). (F:52.2)
6, Set for Public Hearing on June 22, 1993, the following:
a. Specific Plan 90-1 Amendment No. 1 for McP,rthur/Glen.
(F:150.2)
b, 1993-94 F'iscal Year Budget. (F:30.1)
7. Acceptance of Quitclaim Deed from Robert Parker Enterprises,
%nc. (F:132.1)
ITEM POLLED FROM CONSENT CALENDAR
4. Warrant List for Mav 27, 1993. (F:12.3)
Councilman Alongi questioned the amount of money spent for the
large and small boat launches and asked Administrative
Services Director Boone if this was the amount for one or
both. Mr. Boone stated that this was a combined total. Mre
Alongi then questioned ~he amount of funds allocated to Mro
Greg Smith, Mr. Boone explained that there were several
different invoices for abatement and that they were paid in a
lump sumo
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED B7C UNANYMOUS TO
RATIFY THE WARRAN'I' LIST FOR MAY 27, 1993.
PUBLIC HEARYNGS
21. Specific Plan Amendment (SP90-2 Amendment #11• and Tentative
- rvorLn reax rrnase I) - TMC Communities. (F:150.2)(X:160.2)
City Manager Molendyk explained that North Peak is located on
I~ighway 74, north of the community and introduced Mr. Brian
Meyers, the project manager.
Brian Meyers, representative of North Peak, gave an overview
of the project and explained the Specific Plan Amendment and
the Tentative Tracts. He explained that the first phase of
the project will be close to Highway 74 and consists of 310
acres witfi a totaT of 838 dwelling units of which 652 are
single family detachedo He asked that Council consider
removal of the conditions which address Mitigation Agreements
PAGE FIVE - CITY COiTNCZL MINUTES - JIINE 8~ 1993
with the School District since this has already been done.
Mr. Meyers then explained the village concept and the type of
streets and landscaping which would be used in the project.
The Deputy City Clerk reported one written comment from Mrs.
Virginia Neira.
Mayor Washburn opened the public hearing at 7:43 p.m., asking
those persons interested in this item to speak.
Virginia Neira, 137 21st Street, Costa Mesa, stated that she
owned property adjacent to the project and questioned the
drainage, retention of the stream beds and the amount of open
space as well as preservation of all the riparian habitat.
Mrs. Neira questioned lot 14 which abuts the property boundary
and she questioned the transition of the project to the
boundary.
Mayor Washburn closed the public hearing at 7:52 p.m.
Brian Meyers presented an exhibit which showed the open space
and stream bed and explained that on the north side of the
project there is a 230 acre nature park and in regard to
riparian issues the U.S. Fish and Wildlife and the Army Corp
of Engineers have approved this nature park as part of that
issue. He further explained that in each phase these issues
will be addressed and the mitigation of each phase would be
addressed by the nature park. Mr. Meyers stated that there is
40~ open space in the project and drainage has been addressed
in the proposed Tentative Tracts.
Virginia Neira asked about the one acre of wetland and how
that area would be addressed and further suggested that lot 14
be eliminated to allow for that wetland to be retained.
Councilman Alongi asked if there were any equestrian trails
planned through this project. Mr. Meyers stated that there
would be and the Master Plan for Trails ends in this project.
Mr. Alongi further questioned the utility easements and asked
if this was the same that crossed E1 Toro Road. Mr. Meyers
stated that it was.
Councilman Dominguez asked for direction regarding the
conditions addressing School mitigation.
City Attorney Harper stated that the condition can have
language rephrasing the existing agreements.
Brian Meyers explained that this is addressed in Condition
Nos. 6 and 17.
Councilman Alongi asked that Mr. Meyers be sure that the
riparian area is addressed correctly to preserve the natural
beauty.
Mayor Washburn concurred with Councilman Alongi.
MOVED BY CHERVENY, SECONDED BY DOMINGUE2 AND CARRIED BY A 4-0 VOTE
WITH WINKLER ABSTAINING TO APPROVE AMENDMENT #1 TO THE NORTH PEAK
SPECIFIC PLAN WITH THE REVISIONS OF CONDITION NOS. 6 AND 17 TO
PAGE SI% - CITY COUNCIL MYNOTES - JIINE 8~ 3993
INCLUDE THE VERBIAGE "AS ENTERED INTO THE AGREEMENT, DECEMBER 13,
1990, WITH THE ELSINORE UNIFIED SCHOOL DISTRICT AND NORTH PEAK
PARTNERS.
MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE FIRST READING
OF ORDINANCE NO, 958:
ORDINANCE NO. 958
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE CALIFORNIA~ APPROVING AMENDMENT #1 TO THE NORTH
PEAK SPECIFIC PLAN (SP 90-2) (TMC COMMUNITIES),
UPON THE FOLLOWING ROLL CALL VOTEo
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMYNGUEZ,
WASHBURN
NOES: COUNCILMEMBERS; NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAINe COUNCILMEMBERS: WINKLER
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A 4-0 VOTE
WITH WINKLER ABSTAINING TO APPROVE TENTATIVE TRACT MAPS 27270,
27271, 27272, 27273, 27275, 27276 AND 27277 WITH THE FOLLOWING
FINDINGS AND CONDITIONSs
FINDTNGS - AMEN_D_MENT #1 TO SP 90-2
1. The Specific Plan Amendment meets the Specific Plan
criteria for content and systematic 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 Codee
2e Development regulations provided in the City Zoning Code
shall apply, unless specified in the Specific Plan
Amenclment. Approval of ~he amendment shall not be
interpreted as waiving compliance with other provisions
of the Lake Elsinore Municipal Code, except in those
areas where the amendment specifically applies.
3< The Specific Plan Amendment complies with the California
Environmental Quality Act. All adverse impacts have been
aclequately mitigated to levels of insignificance.
4. The Specific Plan Amendment will not be detrimental to
the health, safetyo comfort or general welfare of the
persons visiting or working within the neighborhood of
the project area, nor will it be injurious to property or
improvements in that area of the City because of the
amendment, mitigation measures contained in the EIR and
Conditions of Approval.
EINDINGS - TENTATIVE TRACT MAPS
1a The proposed su7~d1Visionse together with the provisions
for their design and improvement, are consistent with the
PAGE SEVEN - CITY COiTNCIL MINIITES - JIINE 8~ 1993
General Plan. The proposed subdivisions are compatible
with the objectives, policies, general land uses and
programs specified in the General Plan and the North Peak
Specific Plan. (Government Code Section 66473.5)
2. The effects these maps are likely to have upon the
housing needs of the region and needs against the public
services of its residents and available fiscal and
environmental resources have been considered and
balanced.
3. The design of the subdivisions provide, to the greatest
extent feasible, for future passive or natural heating or
coolinq opportunities. (GOVernmental Code Section
66412.3)
4. It shall be determined by Elsinore Valley Municipal Water
District (EVMWD) whether or not the discharge of waste
from the proposed subdivision(s) into the existinq sewer
system will result in a violation of the requirements as
set out in Section 13000 et seq. of the California Water
Code. If the determination is that the proposed waste
discharge would result in or add to a violation of said
requirements, the Planning Commission may disapprove the
tentative map or maps. (Government Code Section 66474.6)
5. All environmental impacts associated with this project(s)
have been adequately addressed by the certified
Environmental Impact Report prepared for the North Peak
Specific Plan.
4. Elsinore Valley Municipal Water District (EVMWD) has
determined that the discharge of waste from 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).
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAPS 27270 (Master
PLANNING DIVISION
1. Tentative Tract Maps 27270, 27271, 27272, 27273, 27275,
27276 and 27277 are approved subject to the approval
Amendment #1 of Specific Plan 90-2 (North Peak).
Tentative Tract Maps 27270, 27271, 27272, 27273, 27275,
27276 and 27277 are approved subject to the life of the
Development Agreement.
3. The Tentative Tract Maps 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.
A precise survey with closures for boundaries and all
lots shall be provided, per City Ordinance.
PAGE EIGHT - CITY COIINCIL MINUTES - JIINE 8s 1993
5. Permanent signage for this subdivision shall be in
conformance with the North Peak Specific Plan and shall
require City Permits.
6e Prior to the recordation of any final tract map,
applicant must provide agreement dated December 3, 1990
for school impact mitigation. the agreement is with the
Lake Elsinore Unified School District and North Peak
Partners.
7. The City's Noise Ordinance must be met during all site
preparation activity.
8. Street names within the subdivision shall be approved by
the Planning Division,
9. All grading shall conform to the requirements of Section
6.11 of the Subdivision Ordinance and Chapter 70 of the
Uniform Building Codea
10. Pay all applicable fees in force at time of issuance of
building permits.
11. Bicycle lanes and bus turnouts are to be provided subject
to the requirements of the Community Services Director or
his designee.
12. Prior to final map approval of any of the tentative maps
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 stated conditions shall be complied with.
13. Prior to Final Tract Map approval by the City Council,
all lots within this subdivision shall conform to the
minimum dimensional standards specifed within theNOrth
Peak Specific Plan or where not specified within said
plan the R-1 Zoning Districte
14. Prior to final map approval, provide drainage acceptance
letters from adjacent property owners to be approved by
the City Engineer and City Attorney and recorded.
15. Erior to Final Map approval, applicant shall obtain off-
site slope easements for grading from adjacent property
owners. Such easements shall be approved by the City
Engineer and City Attorney and recorded.
16. Bond for drip or sprinkler irrigation system for common
areas prior to issuance of building permits.
17. Buildinq permits shall not be issuecl until proof of
payment of school mitigation fee is presented to City
Building Division as entered into in the agreement on
December 3, 1990 between the Lake Elsinore Unified School
District and North Peak Partners.
18. All of the improvements shall be designed by developer's
Civil Engineer to the specifications of the City of Lake
Elsinore.
PAGE NINE - CITY COONCIL MINOTES - JtTNE 8~ 1993
19. Comply with all conditions of the Riverside County Fire
Department.
20. Provide fire buffer zone around entire tract perimeter
and landscape for fire retardant and erosion control as
required by the Riverside County Fire Department and the
Planning Managere
21. Applicant must meet all requirements of Elsinore Valley
Municipal Water District (EVMWD).
22. 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 enqineering sewer plans and profiles for
submittal to the EVMWD.
23. Meet all requirements of Southern California Edison
Company. In addition, 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.
24. Meet all requirements of Southern California Gas Company.
25. Meet all requirements of General Telephone.
26. 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. Signs
advertising the project shall include verbiage located in
the City of Lake Elsinore.
27. The developer shall establish a Homeowners Association to
manage and impose fees to maintain all slopes, 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 Planning Manager 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.
28. 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 screeninq any ground base disk and no
roof-mounted or front yard disk shall be allowed. CC &
R's shall be subject to the approval of the Planning
Manager or his designee, prior to recordation of any
deeds or final map. CC & R's shall be recorded prior to
issuance of any Certificate of Occupancy for the units
when developed in the future.
PAGE TEN - CITY COUNCIL MIN[TTES - JIINE 80 1993
29. House plotting, architectural drawings, floor plans,
landscaping and fences/walls shall require Minor Design
Review approval prior to issuance of building permits.
The model complex must provide off-street parking and one
raodel must incorporate Xeriscape landscaping with
identifying siqnage. All standards of clevelopment and
procedural steps in effect at the Minor Design Review
submittal shall apply for this project.
30. 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 City
Engineer, the Chief Building Official and the Planning
Division. Interim and permanent erosion control measures
are required, The applicant shall bond 100's for material
and labor for one (1) year for erosion control
landscaping at the time the site is rough graded.
31. Subject ~o a Geotechnical Report, consideration shall be
given to cut slopes exceeding 2:1 slopes and/or slopes
that minimize the number of 30 foot benches required.
All slopes shall be contour graded subject ~o the
approval of the Community Development Director or his
designee. All down drains wherever possible shall be
diagonal along the face of slopes or colored concrete
shall be used. A landscaping plan that minimizes stark
cuts such as clustered plant groupings of ground cover,
shrubs and trees shall be used. The planting pallet
shall be reviewed by a biologist or native plant
horticulturist in conjunction with the Riverside County
Fire Department and the City's Landscape architect for
the purpose of incorporating Riversidean Sage Scrub
species. Improvements shall be installed prior to
Certificate of Occupancye
32. For all lots where the front set back for ~he garage is
less than 2o feet, roll-up garage doors and automatic
garage door openers shall be requirede
ENVIRONMENTAL MITIGATION CONDITIONS
33. All project mitigation measures, as specified by the
adopted EIR and its Mitigation Monitoring Program is
required to be implemented into the project in accordance
with the times specified in the Mitigation Monitoring
Program or as amended by these Conditions of Approval.
34. Prior to the construction of any off-site roads required
to serve the site additional environmental review in
accordance with the CEQA Guidelines is required prior to
final map approval.
35. Within one year of the issuance of grading permits the
commencement of any clearing or grubbing activity on site
a Stephen°s Kangaroo Rat Trapping Study shall be
conducted to determine if the site is inhabited. Yn
addition, all appropriate mitigation fees in place at the
time of the issuance of grading permits or the clearance
of the site must be paid.
PAGE ELEVEN - CITY COUNCIL MINIITES - JIINE 8~ 1993
36. Within one year of the issuance of grading permits or the
commencement of any clearing or grubbing activity on site
a Spring Survey shall be conducted to determine if any
California Gnatcatcher habitat is present on site and/or
if the site is inhabited by the Gnatcatcher. If this
study reveals that the Gnatcatcher inhabits the site or
that the site contains Gnatcatcher habitat, the developer
must negotiate mitigation measures directly with the U.S.
Fish and Wildlife Service and the State Department of
Fish and Game.
37. Lots adjacent to any area to be maintained as natural
open space shall be required to have a'setback of 30 feet
from property line to building pads or whatever is
determined appropriate within the Fuel Modification
Program.
ENGINEERING DEPARTMENT
38. 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.
39. Dedicate underground water riqhts to the City (Municipal
Code, Title 16, Chapter 16.52.030).
40. Pay all Capital Improvement and Plan Check fees
(MUnicipal Code, Title 16, Chapter 16.34; Resolution 85-
26).
41. Submit a letter of verification "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 prior to final map
approval.
42. Construct all off-site public works improvements per
approved street plans (Municipal Code, Title 12). Plans
must be approved and signed by the City Engineer prior to
final map approval.
43. 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).
44. Provide street lighting and indicate on street
improvement plans as required by the City Engineer.
45. Annex to the City Landscaping and Street Lighting
District.
46. Enter into a subdivision agreement with the City for
public works improvements and post appropriate bonds.
Bonds or letter of credit to be approved by the City
Attorney.
47. 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 and Resolution 83-78).
PAGE TWELVE - CITY COONCIL MINQTES - JQNE 8~ 1993
48. 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.
49. Applicant shall obtain all necessary off-site easements
for off-site grading from the adjacent property owners
prior to final map approval.
50. Provide fire protection facilities as required by
Riverside County Fire Department.
51. Provide Soils, Geology and Seismic Reports including
street design recommendations. Provide final Soils
Report showing compliance with preliminary and finish
grade certification,
52. All utilities except electrical over 12 kv shall be
placed underground, as approved by serving utility.
53. All improvement plans and tract maps shall be diqitized,
At certificate of occupancy applicant shall submit tapes
and/or discs which are compatible with City's ARC
Ynfo/Gis or developer to pay $1,000 per sheet for city
digitizing.
54. Developer shall provide No Parking and Street Sweeping
Signs for streets within tract or pay a fee for
installation by the Ci~y.
55. Developer shal~ install blue reflective pavement markers
in the street at all Fire hydrant locations.
56. Developer shall be subject to all Master Planned drainage
fees and will receive credit for all Y~Iaster Planned
drainage facilities constructed.
57. 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.
58. The owner shall provide the City with proof of his having
filed a Notice of Yntent 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.
59. Submit FIydrology and hydraulic study for review and
approval by City Engineer prior to approval of final map.
Developer shall mitigate any flooding and/or erosion
downstream caused by development of site and diversion of
drainagee
60. All drainage facilities in this tract shall be
constructed to Riverside County Flood Control District
standards.
61. Lot drainage shall be conveyed to a public facility or
accepted by adjacent property owners by a letter of
cirainage acceptance or conveyed to a drainage easement.
PAGE THIRTEEN - CITY COIINCIL MINiTTES - JONE 8, 1993
62. All natural drainage traversing site shall be conveyed
through site, or shall be collected and conveyed by a
method approved by the City Engineer.
63. On-site drainage facilities located outside of road
~ right-of-way should be contained within drainaqe
easements shown on the final map. A note should be added
to the final map stating: "Drainage easements shall be
kept free of buildings and obstructions."
64. The 10 year storm flow should be contained within the
curb and the 100 year storm flow should be contained
within the street right-of-way. When either of these
criteria are exceeded drainage facilities should be
installed.
65. Desirable maximum qrade for local streets is nine percent
(9~). The maximum grade of fifteen percent (15<) should
only be used because of design constraints.
66. Intersecting streets on the inside radius of a curve will
be permitted when adequate sight distance is verified by
a registered engineer.
67. All gradinq shall be done under the supervision of a
geotechnical engineer and he shall certify all slopes
steeper than 2 to 1 for stability. All manufactured
slopes greater than 30 feet in height shall be contoured.
68. No residential lot shall front and access shall be
restricted on E1 Toro Road, "A" Street, "C'~ Street and
"D" Street of Tract 27270 and so noted on the final map.
69. Minimum curb returns for residential streets shall be 25
feet, 10 foot curb returns will not be permitted.
70. All open space and slopes outside the public right-of-way
shall be owned and maintained by either the master
homeowner's association or private owners. All open
space areas owned by the homeowner's association shall be
offered for irrevocable dedication to the City.
71. Developer shall establish a storm water pollutant
prevention program prior to fifty percent (50%)
occupancy. The program shall include, but not be limited
to, stenciling catch basins, pamphlets for irrigation and
fertilizing lawns and disposal of auto oil and anti-
freeze.
CONDITIONS OF APPROVAL WHICH EXCLUSIVELY APPLY TO A SPECIFIC
TENTATIVE TRACT MAP
Tentative Tract 27270
72. El Toro Road, in Lot 11 shall be realigned and moved
easterly to remove the curve to insure proper sight
distances.
73. E1 Toro Road shall have sidewalks on both sides of the
street from SR 74 to northerly tract boundary.
PAGE FOURTEEN - CITY COUNCIL MY2d[TTES ~.7IINE 8~ 1993
74. The right-of-way across the S.C.E. corridor shall be
secured prior to final map approval.
75. Turn-abouts on "A" and "C" Streets shall be approved by
the Fire Department prior to final map approval.
76. Turn-about at the knuckle of "B~~ Street shall be removed.
77. Applicant shall install traffic signals at the
intersections of E1 Toro/SR 74 and Riverside/SR 74 and
have the signals operational prior to occupancy of any
development phasing accessing SR 74 via E1 Toro Road or
Riverside Stree~. The developer will enter into an
agreemen~ with Y.he City whereby the developer will be
reimbursed for costs in excess of their fair share for
the traffic signals.
78. The developer shall dedicate portions of their property
to accommodate SR 74 improvements along the tract
boundary. The cleveloper shall adhere to the obligations
of improving SR 74 required by Mitigation Monitoring
Program conditions number 41, 42, 43, 45 and 50. The
construction phasing of Tract 27270 shall be approved
prior to final map approval.
79. The developer shall submit a schedule for the
signalization of the intersections of E1 Toro Road/"A1°
and "B1° Streets and E1 Toro/"C" and "D" Streets prior to
final map approval, in the interim, the intersection
shall have four-way stop signs.
80. Applicant shall obtain any necessary Cal Trans permits
and meet all Cal Trans requirements.
81. Submit Hydrology ancl Hyclraulic Reports for review and
approval by Riverside County Flood Control District prior
to approval of final maps for all facilities outleting
off-site and/or beinq maintained by the Districte
82. Tract 27270 is the master tentative tract for this
development phase. It will be a requirement for this
tract to construct the master roadway system consisting
of E1 Toro Road, 1BA" Street, "B" Street, "C" Street and
11D" Street, and the master storm drainage system. These
roads shall be fully improve prior to the first
certificate of occupancy. The City will not accept
maintenance of these streets until seventy percent (700)
of the certificate of occupancies for Lots 1 through 12;
the master storm drainage system will not be accepted for
maintenance until one hundred percent (100~) of the
certificate of occupancies for Lots 1 through 12.
Tentative Tract 27271 - No specific conditions.
Tentative Tract 27272
83. Submi~ Hydrology and Hydraulic Reports for review ancl
approval by Riverside County Flood Control District prior
to approval of final maps for all facilities outletting
off-site and/or being maintained by the District.
PAGE FIFTEEN - CITY COIINCIL MINIITES - JIINE 8~ 1993
Tentative Tract 27273
S4. Prior to final map approval the proposed chokers and
rotaries shall receive final written approval from the
Riverside County Fire Department.
85. The house plotting of lots within the Garden Residential
District shall have 50~ of its garages within the rear
portion of the lot and 50 ~ of its garages within the
front portion of the lot. For those lots with the
garages within the front of the lot the garage shall be
offset 5 feet from the main unit. These designs shall be
subject to the review and approval of the Community
Development Director or his designee prior to Design
Review approval of any residential project for this map.
Tentative Tract 27275
86. Prior to final map approval the proposed chokers and
rotaries shall receive final written approval from the
Riverside County Fire Department.
87. The house plotting of lots within the Garden Residential
District shall have 50 g of its garages within the rear
portion of the lot and 50 's of its garages within the
front portion of the lot. For those lots with the
garages within the front of the lot the qarage shall be
offset 5 feet from the main unit. These designs shall be
subject to the review and approval of the Community
Development Director or his designee prior to Design
Review approval of any residential project for this map.
88. The placement of the proposed school site shall receive
approval from the School District. If it is determined
that a greater set back from the Southern California
Edison corridor is required the alternate plan date
stamped April 6, 1993 shall be used. Otherwise the plan
date stamped October 29, 1992 shall be used.
Tentative Tract 27276 - No specific conditions
Tentative Tract 27277 - No soecific conditions
BOSINESS ITEMS
31. Special Events Permit Process - Ordinance No 959 (F:151.1)
City Manager Molendyk explained that this is a proposed
ordinance to meet the e~cpressed objectives of the City
Council. He further explained that this Special Events Permit
will provide the opportunity for the City to recover expenses.
City Attorney Harper stated that this Special Events Permit
Process reflects what the law requires at this time and give
the City more flexibility. He further explained that the
Special Events Permit Process applies to all property within
the City. There has been some suggestion that we might want
to limit the use of streets permits or public events of public
property to non profit organizations, since the city isn't in
the business of providing parks or streets for a private
PAGE SIXTEEN ° CITY COONCIL MIN[TTES ~ JIINE 8~ 1993
individual to make money. If the Council wishes to do that he
has drafted some language which can be added to the Ordinance.
MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE SPECIAL EVENTS
PERMIT PROCESS.
Councilman Alonqi asked if there was a law that asked for a
disclosure of a felony. City Attorney Harper e~tplained that
should someone want to do a child oriented event and the
applicant had a record for child molestation it would be
grounds for the City to deny his application. Mr. Harper gave
other examples of why this is necessary to the City.
Councilman Dominquez stated that we had already gone over this
with vendors.
Councilman Alongi asked if he had been convicted of a felony
and he had served his sentence and he applied for a Special
Events Permit would this disqualify him. City Attorney Harper
stated that it would depend upon the nature of the felony and
the event. Mr. Harper presented examples.
Councilman Alongi asked that Section 5.73.090 section 4, have
the approval by the County Health Department displayed.
City Attorney Harper stated that if Council desires that in
5.73.050 a Section 6 be added to read 01The event applicant
raust be a public non-profit organization. A Street Permit
shall not be issued for any full profit enterprise1° and
5.73.080 a Section 12 be added to read "The applicant seeking
to utilize publicly owned property must be a public non-profit
organization. A Special Event Permit for the utilization of
publicly owned property shall not be used for any full profit
enterprise"e
Councilwoman Cherveny questioned the sale for profit section.
Mr. Harper clarified non-profit and its meaning.
Councilman Alongi stated that he could not understand why a
business that wishes to hold an event, which will benefit the
whole community, promote tourism and pays all of the fees
required by the City, is not allowed to do the event because
they will make a profit. He further explained that the City
has events where there are concessionaires and fihat we take
25% of tfie profit and not allow a private business to hold an
event when i~ profits the entire community in the long run.
Possibly the City could request 10~ to 15~ of the profit to
recover City expenses. Mr. Alongi used the example of the
Chamber of Commerce Rodeo which makes a profit and none of
profit from that event is returned to the City.
There was general discussion in regarcl to the Street Faire
which was held and the different problems which occurred. It
was discussed that if the Chamber or D.B.A. would sponsor the
Street Faire that there would be no problem with the event's
non-profit status,
MOVED BY ALONG2, SECONDED BY WINKLER TO AMEND THE VERBYAGE OF THE
MOTION TO INCLUDE THE ADDITIONS OF THE CITY ATTORNEY AND DISPLAY OF
HEALTH DEPARTMENT APPROVAL 6VHICH ]2EAD AS EOLLOWS AND ADOPT
ORDINANCE NO. 959a
PAGE SEVENTEEN - CITY COIINCIL MINIITES - JIINE 8e 1993
5.73.050
6. The event applicant must be a public non-profit
organization. A Street Permit shall not be issued for
any full profit enterprisee
5.73.080
12. The applicant seeking to utilize publicly owned property
must be a public non-profit organization. A Special
Event Permit for the utilization of publicly owned
property shall not be used for any full profit
enterprise.
5.73.090
4. Food services and sanitary facilities shall be the
responsibility of the County Health Department. The
applicant shall secure appropriate permits from the
County therefore with the approval clearly displayed.
ORDINANCE NO. 959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE CALIFORNIA~ APPROVING RULES AND REGULATIONS
REGARDING SPECIAL EVENT PERMITS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: CHERVENY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
32. Special Parkina Areas - School Zones - Resolution No 93-30
(F:112.1)
City Manager Molendyk explained that there is an on going
problem regarding parking areas around Elsinore Elementary
School and Railroad Canyon Elementary School. There is
inadequate on-site parking at both facilities and a number of
the personnel are left ~o park on the street. He further
explained that with the new contract with CR & R there is a
street sweeping program and the school employees are getting
citations because they are parking during street sweeping
hours. The School District has reviewed the situation and has
appealed to the City to give relief of the parking
restrictions in these two elementary school ares. Mr.
City Molendyk stated that the will need the1638Xcoopera~rthe
School District and their maintenance schedule, with the areas
being swept in the evening hours at the same time as the
commercial areas. The cost would be approximately $1,500.
MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE RESOLUTION 90-30.
Councilwoman Cherveny stated her concern regarding the on-site
parking for schools and indicated that the School District
needs to address this problem and redesign and readdress the
PAGE EIGHTEEN - CITY COIINCYL MINtTTEB - JONE 8~ Y993
parking facilities at school siteso She asked if the City
Council reviews the parking and design for schools or possibly
could in the futureo City Attorney Harper explained that the
Statute is very specific and the only thing that the City
reviews on the School District°s plans relate to engineering
and drainageo
Councilman Alongi stated that the School District is placing
the City in a bad spot, and in his opinion the School District
should make arrangements for extended parking. He further
explainecl that the City has just gone through an extensive
schedule for street sweeping and educated the area regarding
the sweeping schedule, and now have to tell those same people
~hat ~hey must remove the cars at night in order to
accommodate the schools. He questioned where those people
would park their cars. The School District should be
responsible and should come to the City and ask for assistance
in acquiring parking area.
THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI
CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 93°30 AS
FOLLOWS:
E2ESOLUTION NO. 93-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
ESTABLISHING SPECIAL PARKING AREAS.
33. Stob Sian Controlled Intersections - Resolution No 93-31
(F:162.2)
City Manager Molendyk explained that the City Engineer has
xequested controlled stop signs at Peck/Chestnut, Chestnut/
Graham and Chestnut/Prospect Streets. He indicated fhat the
cost is estimated at $900 and recommended approval,
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO ADOPT RESOLUTION NO. 93-31 TO READ AS FOLLOWSo
RESOLUTION NO. 93-31
34.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DESIGNATING TAE LOCATION OF CERTAIN STOP INTERSECTIONS.
(F:iiz.i)
City Manager Molendyk explained that the Lakeshore Drive site
is in the proximity of Stater Brothers Market and the Corydon
site has had several complaints of large commercial trucks
obstruction vision of vehicles making ingress and egress in
the area. He further explained that the Engineering
Department has reviewed this and has made the recommendation
that parking of large vehicles be restricted in the
recommended areas. He indicated that the cost of installing
"No Parkingo' signs is approximately $500 and recommended
adoption of Resolution 93-32.
MOVED BY ALONGI, SECONDED BY CHERVENY TO DENY RESOLUTION NO 93-32e
Councilwoman Cherveny asked Public Services Director Tecca if
PAGE NINETEEN - CITY COIINCIL MINIITES - JONE 8~ 1993
this was time limit parking only. Public Services Director
Tecca explained that parking would be prohibited at all times
for all vehicles, large and small. Mrs. Cherveny stated that
there are several restaurants in that area and wanted to know
if a time limit restriction could be implemented with
restrictions for trucks. Mr. Tecca stated that if a
definition for trucks could be established then possibly it
could be implemented. He explained that there is considerable
private parking in this area and the site is on a major
arterial roadway and all parking will eventually be restricted
to allow for development of bike lanes and to increase
visibility. Mr. Tecca noted that the General Plan does not
allow parking on any of the major arterials.
Councilman Alongi stated that Lakeshore Drive and Riverside
Drive is a truck route and he stated that it should allow
parking for trucks so that they miqht eat. He suggested that
a time limit be implemented to allow for time to eat and
consideration should be given to truckers in that respect.
Councilwoman Cherveny asked if there were areas where trucks
could park overnight. Public Services Director Tecca stated
that several months ago the City instituted a program where
large trucks can park overnight to accommodate the persons who
live in the residential areas and need to park their trucks.
THE FOREGOING MOTION WAS DENIED BY A VOTE OF 2 TO 3 WITH
WINKLER AND WASHBURN CASTING THE DISSENTING VOTES.
MOVED BY ALONGI, SECONDED BY CHERVENY TO AMEND RESOLUTION 93-32 TO
ALLOW PARKING FOR A ONE OR TWO HOUR PARKING LIMIT ON LAKESHORE
DRIVE AND NO PARKING ON CORYDON.
Mayor Washburn asked if this would be in conflict with the
General Plan and how many complaints had been received.
Public Services Director Tecca explained that he does not have
an exact number of the complaints, but it is in the General
Plan to prohibit parking on major arterial streets to allow
for the provision of bike lanes on both sides of the street;
and there will be bike lanes developed on that roadway in the
future.
THE FOREGOING MOTION WAS DENIED BY A VOTE OF 2 TO 3 WITH DOMINGUEZ,
WINKLER AND WASHBURN CASTING THE DISSENTING VOTES.
MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3
TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO ADOPT
RESOLUTION NO. 93-32 TO READ AS FOLLOWS:
RESOLUTION NO. 93-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN
STREETS.
35. Adobtion of Material Recoverv Facilitv Fees - Resolution No
93-33. (F:163.1)
City Manager Molendyk explained that this item has been
presented to Council before and according to State law AB 939
PAGE TWENTY - CITY COIINCIL MIN[JTES - JIINE 8s 1993
the City is responsible for recycling and reducing the waste
for the landfills by 25~ by 1995 and diver~ing 50~ by the year
2,OOOe He further explained tha~ the program outlinecl to
comply with this in our contract includes a MRF (Material
Itecovery Eacility) plant and this resolution puts this in
action. This item was delayed for ~he decision of the City of
Perris where the facility will be located, and they have now
approved the facility,
MOVED BY ALONGI, SECONDED BY WINKLER TO ADOPT RESOLUTION NO. 93-33e
Councilwoman Cherveny stated that this item was covered in the
contract and she felt that the resolution was unnecessary.
She further stated that she felt that it was not right to levy
a fee on the citizens of Lake Elsinore for a facility which
will be located in the City of Perris, for which Perris will
reap the benefits. She indicated that in Perris a 4/5ths vote
was requiredo City Attorney stated that the 4/5ths was not
required on this item.
David Fahrion, CR & R, explained that ~he City of Perris is
operating under a contract that requires that all items be
addressed by ordinance with a 4/5ths vote, the contract with
the City of Lake Elsinore requires a standard vote as a pass
through arrangement with fees previously established in the
current con~ract.
Councilwoman Cherveny stated that the resolution was
unnecessary since a provision was made in the contract with
the City of Lake Elsinoreo Y+ire Fahrion stated that there was
a letter attached from John Brown, the bond counsel for the
City of Perris, explaining why this resolution was necessarye
Councilman Winkler asked the City Attorney if the City would
be in breech of the contract if the resolution was not passed.
City Attorney Harper explained that he did not feel that it
would be a breach of contract, but rather the problem arises
with the ability to sell bonds without the resolution, Mr,
Winkler indicated that this was already agreed upon with a 5-0
vote previously in the contract.
Councilman Alongi stated his concern in making a guarantee
regarding ~he MRF and if the company did no~ comply or foldecl
then the City would still be responsible for the payment of
the bond.
Public Services Director Tecca explained that the City is
required to participate in a MRF whether it is built and
operated by CR & R or by the County, as a requirement of the
AB 939e Mre Tecca explained that by participating with CR &
R the City is aware of the cost, rahereas if the County built
the facility the fee would be levied against the City without
any knowledge or participation in the program.
Councilman Alongi expressed concern that the City will be
restricted to CR & R if it ties into this and cannot change
companies. City Attorney Harper stated that ~he City is
committed to the MF2F ancl would have to participate in any
caseo
City Manager Molendyk commented that even if the City went to
PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JIINE 8~ 1993
another company, it would still have to pay for the facility
through participation of a different company.
City Attorney Harper explained that the Bond Counsel requires
that in order to sell bonds, that the City adopt a resolution
setting forth specific rates and committing them to that
revenue stream for the repayment of those bonds, as opposed to
general lanquage in the contract which says what ever it might
be we might pay.
THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND
CHERVENY CASTING THE DISSENTING VOTES.
RESOLUTION NO. 93-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
ADOPTING AN ADDENDUM TO EXHIBIT "C" OF THE AGREEMENT BETWEEN
THE CITY OF LAKE ELSINORE AND CR & R INCORPORATED FOR THE
PURPOSE OF ESTABLISHING RATES TO BE CHARGED FOR SERVICES
PROVIDED BY THE PERRIS MATERIAL RECOVERY FACILITY (MRF).
36. Notice of Combletion for Curb Gutter Sidewalk and Pedestrian
Ramb Replacement Proaram (F:156.1)
City Manager Molendyk explained that this is for the Curb,
Gutter and Sidewalk program notice of completion which the
Council directs each year and stated that Public Services
Director Tecca would present a video of the improvements.
Public Services Director Tecca presented ~he video of the
areas addressed in the program and explained that the school
areas were the major ones addressed by this program. He
reported that approximately 20 blocks were completed and
presented a map of the areas.
Mayor Washburn indicated that he had received some complaints
that in certain areas some of the material was not removed and
in sume areas back fill was not completed. He asked that Mr.
Tecca check into these complaintse
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO APPROVE CHANGE ORDERS 1 AND 2 AND THE NOTICE OF COMPLETION,
AUTHORIZE THE MAYOR TO SIGN AND CITY CLERK TO RECORD THE NOTICE OF
COMPLETION AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO
RELEASE THE 10~ RETENTION TO BRADICK COMPANIES THIRTY-FIVE DAYS
AFTER THE DATE OF RECORDING THE NOTICE OF COMPLETION.
37. Ayres Develobment Storm Drain Reimbursement Agreement
(F:155.1)
City Manager Molendyk explained that the City had entered into
an agreement with Ayres Development for the construction of a
major trunkline storm drain in Lakeshore Drive. He further
explained that based upon the contract and the final cost we
owe the developer $216,000 and the funds are available through
the Storm Drain Capital Improvement Account and staff
recommends approval.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE APPROPRIATION OF AN ADDITIONAL $216,000 FOR
REIMBURSEMENT TO AYRES DEVELOPMENT.
PAGE TWENTY-TWO - CIT% COUNCIL MINUTE~ - JIINE 8s 1993
38. Resolution No. 93-34 - Defining the Discrete Elements of
Construction - CFD 90-3 North Lake Elsinore Hills Public
Improvements. (F:22.3)
City Attorney Harper explained that a discrete element is that
portion of a project for which you may claim reimbursement at
the conclusion of its construction. He further e~lained that
exhibit "C" is amended to include the grading permits
associated with the various tasks.
MOVED BY ALONG%e SECONDED BY CAERVENY AND CARRIED BY UNANIMOUS VOTE
TO APPROVE RESOLUTYON 93-34 AS FOLLOWS:
RESOLUTION NO. 93-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVING AMENDMENT TO CONSTRUCTION MANAGEMENT AND SUPERVISION
AGREEMENT RELATING TO COMMUNITY FACILITIES DISTRICT NO. 90-3
(NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) AND
AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY THEREOF.
39e Lake and Public Facilities. (F:92.1)
City Manager Molendyk explained that last Thursday there was
discussion in regard to the Lake and because of the rainy
season, it is now a full and £unctional Lake, but now there is
the problem of an extensive amount of algae. He advised that
several experts have been contacted in regard to the treatment
and stated that Manager of Special Projects Watenpaugh would
report further on his findings. Mr. Molendyk noted that this
has created a problem with the function of the boats and it
has made the boat launch ramps sYippery. FIe explairaed that
~here are two treatments available. one being Copper Sulfite
which is used in Lake Matthews and Lake Perris. This program
is less costly, must be done more often; has side effects; a
permit must be obtained from Fish and Game and has a negative
effect on the gish life in the Lake. Bac-terra is the other
treatment which would eat the micro-organisms and control the
Lake; it is estimatecl that it will cost $400,000 to treat the
entire lake with a follow-up annual program. Since that time
Nir. Watenpaugfi has met with several different firms and has
xeceived several clifferent answers. Mr. Molendyk advised that
he had met this date with Jim Laughlin, Manager of E.V.M.W.D.,
and they do not favor Copper Sulfite, and would recoaunend ~hat
a Limnologist be hired to analyze the situation in the Lake,
to insure the treatment will be done properly. Mr. Laughlin
is checkinq with different people in the water industry to see
if they might assist the City in finding a Limnologist.
Special Projects Manager Watenpaugh explained that he had
investigated several differen~ forms of bio augmentation and
had been in contact with nine different reservoirs and
received nine different answers in regard to how they treated
their water. Each body of water is handled differently. Mr.
Watenpaugh explained that there were two different companies
present to explain their suggested treatments.
John Bullington, President of Fifco International the
manufacturer of Bac-terra products, explained that Bac-terra
is a combination of naturally occurring micro organisms that
PAGE TWENTY-TIiREE - CITY COONCIL MINIITES - JIINE 8~ 1993
are all beneficial cultures that act in controlling algae by
out competing for its food source. He stated that he would be
happy to respond to any further questions that Council might
have.
Mayor Washburn asked how long it would take after the
application for a visual impact to be seen. Mr. Bullington
stated that the impact would begin immediately, but the
clearing would take four to six weeks to have a visual impact.
Mayor Washburn asked if the organisms would continue to
operate. Mr. Bullington stated that as the micro orqanisms
clean its self from the higher waters it will move deeper and
settle into the sludge and continue to remove the organic from
the environment.
Councilman Alongi asked if his company hacl ever treated a lake
of this size. Mr. Bullington stated that his company had not
and indicated that the largest lakes his company has treated
have been approximately 400 acre feet. He further stated that
it was his company~s product that was used to address and
control the odor last September.
Jones Grubs, Vice President of Technology for Inter Bio Somar,
explained that his company manufactures microbial cultures
formulations. He stated that his product has been used in no
lakes of the size of Lake Elsinore, but has been used in
several lakes in the Western United States. The Company
manufactures more than one hundred formulations to address any
problem. Mr. Grubs explained that his product is based on
naturally occurring organisms which are actually modifying the
ecology of the system so it will perform more as you wish it
to, rather than by coincidencee
Councilman Alongi asked if his company had ever done
treatments where the temperature reaches 110 degrees. Mr.
Grubs stated that they had. Mr. Grubs explained the functions
of the treatment and how it works and urged that Council take
action as soon as possible because of the warm weather.
Councilwoman Cherveny asked Mr. Grubs how long he thought his
company's treatment would take. Mr. Grubs stated that it
would take approximately four to six weeks to see a visual
change.
Mayor Washburn asked Mr. Grubs how long he though a
Limnologist would take to analyze the problem and present a
recommendation. Mr. Grubs stated that an assessment for a
short term recommendation would probably take approximately
two to three weeks.
City Manager Molendyk stated once the City takes over the lake
the stocking of fish will need to be addressed to help address
algae. He further explained that the Fish and Game no longer
stock warm water fish.
There was general discussion in regard to the type of fish
stocked in the Lake in previous years. Manager of Special
Projects Watenpaugh explained that in his discussions with
Dwayne Maxwell, the representative of Fish and Game for
Southern California, he was informed that there were no longer
PAGE TWENTY-FOIIR - CITY COONCIL MINIITES - JIINE 8s 1993
resources for warm water stocking, ~he agency recommended the
type of fish which can be stocked and a permit must be
acquired from the state (at no cost) which allows for the type
of fish for the areae
City Manager Molendyk stated that Councilman Winkler had asked
for an update on Public Facilities and stated that the new
facilities were McVicker Park, Alberhill Park, Centex Park and
new fire station.
Community Services Director Sapp e~cplained Centex Park will be
moving forward with development when a storm drain is in place
to prevent flooding, with a projected completion dte of 1994.
He furthe eacplained that lberhill Park is still in
development
Public Services Director Tecca explained that in Community
Facilities District 88-3 there is a phase three bond issue
which will provide funds for building the fire station at
Lincoln and Machado. The plans have been designed for the
station and are currently in plan checko Mr. Tecca advised
that when the Bonds are sold, the plans will be ready to be
implemented, and from the time the bonds are sold it would be
approximately eighteen months. Mayor Washburn asked about the
funds for a fire truck. City Manager Molen3yk explained that
a development condition will address the cost of the fire
truck. Councilwoman Cherveny asked if it was still a nine
month delivery period for a fire truck and City Manager
Molendyk confirmed.
MOVED BY WASHBURN TO DIRECT THE CITY MANAGER TO CONTRACT WITH A
LIMNOLOGIST. MOTION DIED FOR LACK OF A SECOND.
City Manager Molendyk was directed by Council to bring this
item with his findings to Council at the next Council Meeting
for approval.
40. Street Faire - Julv 24, 1993. (F:151.1)
City Manager Molendyk stated that this item was placed on the
Agenda by Councilman Alongi and recommended that the
application be considered by Council.
Councilman Alongi stated that he had asked that this item be
placed on the Agenda and because of the Special Events
Ordinance he inquired whether the Council would approve this
item if it was sponsored by the DBA.
MOVED BY ALONGI TO APPROVE STREET FAIRE IF IT IS SPONSORED BY THE
DOWNTOWN BUSINESS ASSOCIATION. MOTION DIED FOR LACK OF A SECOND.
Councilman Dominguez stated that when you advertise a Street
Faire it implies a theme, and when there is a theme there is
suppose to be booths and costumes for the theme. He
addressed sidewalk sales and stated that the merchants
displayed new items. Mr. Dominguez explained that at no time
have the standards allowed for any used items to be displayede
Councilman Alongi responded that the theme was never a
PAGE TWENTY-FIVE - CITY COIINCIL MINIITES - JUNE 8~ 1993
condition except when Hot August Night was presented and that
was done under different circumstances. He further explained
that this would be the same as an Antique Car Show or Antique
Wagon Show or something of that nature. He indicated that the
sidewalk sale was something completely different than what
this request is all about. There is no theme. The merchants
who want to display things in front of their store can and
there is no fee. The ones who pay are the ones who come in
from out of town.
MOVED BY WINKLER, SECONDED BY ALONGI TO APPROVE THE STREET FAIRE -
JULY 24, 1993.
Mayor Washburn then called on the persons who requested to
speak as follows:
Lynn Lane, lol S. Main Street, stated that with the new
ordinance she and Mr. Zwievel will not be able to promote any
raore Street Faires. She stressed her objection to this action
and stated that she felt the action was done to stop any
attempts to promote the Street Faire for personal reasons.
She stated that a Street Faire was to the benefit of the
Community.
Ron Ollen, 214 Broadway, stated his disfavor of the Special
Events Ordinance. He commented that the Street Faire would be
to the benefit of the Community and promote local business.
Joy Minion, 21630 Cedar Street, Wildomar, representing the
Grand Avenue Mall which participated in previous Street
Faires, stated that she felt that the Street Faire was to the
benefit of the community as a whole and asked that the Council
reconsider and approve the Street Faire.
Diane Franks, 22491 Lemon Street, stated that she is proud of
the Downtown Area and felt that the Antique Faire was of
benefit to the entire community and a good promotion of
business. She asked that Council reconsider.
Shirley Aundrey, 33245 Lookout Drive, stated that she is a
State Licensed Antique Appraiser and feels that the Faire did
contribute to the entire community and was a benefit. She
asked that all prejudices be set aside and that Council
reconsider.
Rick Zwievel, 101 S. Main Street, promoter of the Antique
Street Faire, questioned the motives of Council and explained
that the new ordinance puts them out of business in regard to
the Faire. He explained that this function profits every
business and brings in potential new merchants.
Councilman Alongi asked if there was a fee charged to the
local merchants. Mr. Zwievel stated that there was a fee of
$40. to each booth to help defer the cost of the Faire. Mr.
Alongi stated that this does benefit the Community and that
this applicant asked for no waiver of fees and was willing to
pay all the way. He further stated that the Ordinance was a
first reading and is not in effect and asked the Council to
consider this request.
PAGE TWENTY-SI% - CITY COUNCIL MYN[JTES - JIINE Se 1993
Councilman Winkler stated that he would like to see the
applicants get sponsorship of the Fair from the DBA and then
bring it back to Council for approval. He indicated he would
be more than happy to reconsider ~he item at that time. He
chastized the applicants for their verbal conduct and stated
that this only promoted petty disputes on Main Street and
should stop.
Mayor Washburn stated that it did not have to be the DBA but
could be some other organization. He stated that this would
be good for the businesses and for the organization as well.
Councilwoman Cherveny stated that the Ordinance has not gone
into effect and can still be considered. She confirmed the
deadline for decision in order to promote the faire as June
15, and stated that she was in favor of approving the project.
Councilman Alongi stated that this project should be approved
along with the conditions.
Councilman Dominguez stated that for the record he has been in
business on Main Street for 39 yearse
Mayor Washburn questioned how the last Faire was perceived by
the other local businesses and how the determination was made.
City Manager Molendyk stated that there was a petition signed
and presented to the Community Services Director.
Community Services Director stated that a petition was signed
that they were aware of the event. Mayor Washburn stated that
if there is another Faire that tfie petition should state that
they are willing to participate or that they didn't have a
problem with the event taking place.
THE FOREGOING MOTION FAILED WITH A 2 TO 3 VOTE WITH DOMINGUEZ,
WINKLER AND WASHBURN CASTING THE DYSSENTING VOTES.
41. Second Readina - Ordinance No. 954 - Specific Plan 92-1 (Cape
of Good Hope) - Friendly Grouo VIY. (F:150.2)
MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 954e
NO. 954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
CALIFORNIA, ADOPTING THE CAPE OF GOOD HOPE (FRIENDLY GROUP
VII/K.S. CHEN) SPECIFIC PLAN 92-1.
UPON THE FOLLOWING ROLL CALL VOTE:
AYESo COUNCILMEMBERSa ALONGI, CHERVENY, DOMINGUEZ,
F+IASHBURN
NOESe COUNCILMEMBERS: NONE
ABSENTe COUNCILMEMBERSS NONE
ABSTENTIONSs COUNCILMEMBERS: &7INKLER
42. Second Reading - Ordinance no. 955 - Specific Plan 93-3 - East
PAGE TWENTY-SEVEN - CITY COIINCIL MINIITES - JONE S~ 1993
Lake Communitv Builders and Clarification of Council
Direction. (F:150.2)
Councilwoman Cherveny requested clarification from Mr. Dan
Young regarding the misunderstandings with the letter from the
Army Corp of Engineers. Mr. Young of East Lake Community
Builders explained the misunderstandings and advised that they
have resolved the issue of the project for Eastlake being
different from Lake Management.
Councilwoman Cherveny questioned if East Lake Builders had
resolved the high water mark. Mr. Young explained the process
that the Army Corp of Engineers uses and stated that hopefully
by the time the Stadium comes before Council this issue would
be resolved.
Councilman Alongi stated that until there is a letter from the
Army Corp of Engineers clarifying this problem along with the
high water mark he will not vote yes on the project.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE THE CONDITIONS
AND ADOPT ORDINANCE NO. 955:
NO. 955
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING THE EAST LAKE SPECIFIC
PLAN 93-3 (EAST LAKE COMMUNITY BUILDERS/CITY OF LAKE
ELSINORE).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: CHERVENY, DOMYNGUEZ, WINKLER,
WASHBURN
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAINz COUNCILMEMBERS: NONE
CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 93-3 EAST LAKE
1. Prior to the issuance of any grading permits, the
Applicant shall submit a final grading plan, subject to
all requirements of the City Grading Ordinance, and a
geo-technical report to the Public Services Director for
approval. The geo-technical report will primarily
involve assessment of potential soil-related constraints
and hazards sucfi as slope stability, settlement,
liquefaction, or related seismic impacts where determined
~o be appropriate by the Public Services Director. The
report shall also include evaluation of potentially
expansive soils and recommended construction procedures
and/or design criteria to minimize the affects of these
soils on the proposed development.
2. Grading shall not be permitted outside the area of the
designated project boundary unless appropriate approvals
have been obtained.
PAGE TWENTY-EIGHT - CITY COIINCIL MINUTE~ - JIINE 8e 1993
3. Prior to the recordation of a final tract/parcel map or
prior to the issuance of any grading permits, whichever
comes first, tfie Applicant shall design the following
improvements and provide necessary dedication in a manner
meeting the approval of the Public Services Director:
All provisions for surface drainage; and
All necessary storm drain facilities to a
sa~isfactory poin~ of disposal for the proper
control and disposal of storm runoff.
4. Prior to issuance of a grading permit, grading and
construction plans shall incorporate erosion control
measures.
5. All structures shall be designed to incorporate all state
and local water conservation regulations, subject to ~he
approval of the Community Development Director.
6. Applicants shall incorporate energy-efficient features
and passive design concepts, whenever feasible, in the
design and construction of the project.
7. Applicants shall incorporate the use of solar energy and
waste heat recovery systems to reduce energy consumption
into the project design wherever it is feasible.
8. Applicants shall consult- with SCE and SCG in the
selection of effective energy conservation techniques and
the installation of additional, project-related
infrastructure,
9. Applicants sha13 install building and energy conservation
measures in compliance with Title 24, CRC Sections 2-
5307(b) and 2-5452 (i) and (j), and Title 20, CRC
Sections 1604 (f) and 1601 (b),
10. The development shall include facilities to promote
circulation efficiencies, such as bus stops and turnouts.
Plans for these facilities shall be incorporated into the
street improvement plans for each development phase.
il. All residential lots and dwellings shall be souncl
attenuated against present and projected noise which
shall be the sum of all noise impacting the Project so as
not to exceed an exterior standard of 60 Ldn in outdoor
living areas, and an interior standard of 45 Db CNEL in
all habifable rooms.
12, Public buildings, particularly schools, shall be located
in areas free from hazards and safety threatening
considerations.
13. The design of the East Lake project shall meet all
Riverside County Fire Department standards for fire
protection and any additional requirements requested by
the County Fire Marshall.
14o Applicant shall obtain all necessary State and Federal
permits, approvals, or other entitlements, where
applicable, prior to each phase of development of the
project.
PAGE TWENTY-NINE - CITY COUNCIL MINIITES - JIINE 8~ 1993
15. The development of park facilities shall be directly
linked to the phasing of residential development as
further described in the Disposition and Development
Agreement.
16. Applicants of future projects within East Lake shall
acquire the necessary permits for development, including
grading and building permits.
17. Applicants shall comply with applicable redevelopment and
displacement law relative to property acquisitions within
the East Lake Specific Plan area.
18. Prior to approval of each tentative map, a fault hazards
investigation shall be conducted which will include fault
trenching and utilize precursory geophysical methods
within areas enclosed by the State of California Special
Studies maps, if any structures are proposed in or near
these areas. This study shall be provided by the
Applicant and shall include discussion of potential
hazards on-site associated with Glen ivy North fault and
previously theorized buried en-echelon faults.
19. Due to the known or potential presence of active faults,
potentially capable of surface rupture, structures for
human occupation shall not be permitted within 50 feet of
any capable faults or fault zones now documented or
ultimately documented during further geologic/geophysical
investigation of the site during the design of tentative
maps.
20. Documentation of slope stability shall be required when
the type of fill material has been determined prior to
issuance of a gradinq permit.
21. Use of sulphur resistant concrete "Type V" or equivalent
with fly ash will be required per Standard Specifications
for Public Works Construction for areas containing near-
surface, hiqh-sulfate content soils.
22. Prior to tentative map approval, the project
geotechnical, civil, and structural engineers shall
review seismic seiche design parameters and incorporate
appropriate design standards into the site plan.
23. The construction of the portions of East Lake presently
below elevation 1265 are conditional upon completion of
the LMP components affecting flood control, unless a
waiver is granted by the Army Corps of Enqineers.
24. Future developers shall prepare a comprehensive Flood
Storage, Retention and Operations Plan which provides
design level detail on operation of the flood storage
system within East Lake. The plan shall be approved by
LEMA, Riverside County Flood Control, and the City of
Lake Elsinore Public Works. For those areas under the
jurisdiction of the Army Corps of Engineers, this plan
shall be submitted with the Section 404 permit
application. while being implemented, the East Lake
project will never reduce the amount of flood storage as
PAGE THIRT7C - CITY COIINCIL MYNIITES - JIINE Ss 5993
provided in the Lake Elsinore Management Project (30.750
acre feet). If it is determined that additional capacity
fox flood storage is required at ~he time of the
implementation of Ehases 4 or 5, then additional
residential and/or commercial development will be
converted to Open Space and used as flood storageo
Prior to recordation of a final tract/parcel map or priox
to issuance of any City grading, building, or
construction permits for each development project within
the Specific Plan Area, the Applicant and landowner shall
enter into an agreement with Elsinore Valley Municipal
Water District (EVMWD) granting a flood easement and
holdinq EVMWD harmless from damage to those portions of
the property or project which will be located below
elevation 1265 feet gollowing completion of the
development project.
25. Prior to conducting any dredging in Lake Elsinore, the
Applicant shall obtain necessary Federal, State, and
County approval.
a) Standard toxicity tests shall be conducted of
sediments in potential dredge locations. Only
locations that pass standard icoxicity tests shall
be dredged.
b) Measures (including the use of silt curtains around
dredge equipment) shall be taken to reduce
turbidity impacts. The City shall review and
approve any turbidity abatement measure developecl
by the Applicant and the Corps of Engineers prior
~o initiation of dredging, Dredging shall be
monitored to ensure turbidity plumes will only
occur around the immediate area of the dredge.
c) Measures shall be taken to prevent any release of
hydrocarbons into the lake during routine dredging
operations as we11 as uncontrolled accidental
spillage of petroleum products into the lake from
dredging machinery. Such measures shall include
the use of ]floating oil booms to collect any
petroleum hydrocarbons that might escape and to
develop a dredging petroleum spill avoidance and
contingency plan.
26. Prior to issuance of grading permits, the Applicant shall
clevelop a Spill Prevention, Containment and Cleanup Elan
for potential accidental spills of petroleum prevention
products from machinery or above ground storage tanks
during constructiono
27. %n order to mitigate the potential impacts to water
quality from nutrient loading by an emerqency overflow of
Upper Lake waters to Lake Elsinore, the Applicant shall
develop a Lake Management Plan for Upper Lake prior to
its construction. Such a nlan would outline a water
quality sampling and testing program in order to monitor
plant nutrient levels in the Upper %,ake, and it would
describe what lake management options were available to
minimize eutrophication of Upper Lake.
PAGE THIRTY-ONE - CITY COIINCIL MINIITES - JUNE 8~ 1993
28. Applicants for individual projects requiring 401 Water
Quality Certification an NPDES construction and storm
water permits shall obtain such permits prior to issuance
of city grading permits.
29. All construction equipment shall utilize properly working
mufflers and be kept in a proper state of tune to
alleviate backfires. Stationary equipment such as
generators, shall be equipped with noise shrouds and
shall be placed as far as possible from sensitive
receptor locations. Finally, when working within
sensitive areas, portable noise barriers shall be
utilized to reduce produced noise to the extent feasible.
30. Contractors shall implement the measures detailed in
Section 4.6.3.1 of the EIR to reduce the impacts of
exhaust and dust emissions during construction.
31. The impacts of equestrian use shall be mitigated by
implementing operational measures including but not
limited to reqular watering of the facility and daily
removal of manure. The Applicant shall demonstrate how
these and other measures will be implemented during the
design review stage.
32. Prior to the approval of individual tract maps, future
applicants shall incorporate, to the extent feasible, the
measures detailed in Section 4.6.3.2 of the EIR to reduce
the impacts of mobile and stationary source emissions.
33. Prior to removal, it shall be determined if the creosote
poles on-site contain hazardous materials and any
building slated for demolition (namely residences) shall
be inspected by an AHERA approved inspector to ascertain
if ACMs are present.
34. The Applicant shall coordinate with the City of Lake
Elsinore, the Riverside County planning staff, and
California Department of Fish and Game in the design and
development of the Multi- habitat Corridor to ensure
consistency and compatibility with the regional corridor
systemo
35. The existing 356 acre wetlands area shall be operated
pursuant to Army Corps of Engineers 404 Permit for the
Lake Management Plan while all phases of the project are
being constructed.
36. The retained open space areas on and adjacent to those
portions of Rome Hill within East Lake, shall be fenced
and signs shall be placed to designate the areas as open
space wildlife habitat. This will serve to eliminate
off-highway vehicle disturbances and some of the
disturbances caused by human intrusion into the natural
area.
37. Construction or heavy grading adjacent to Rome Hill and
the planned natural open space areas shall not occur
during the months of March through July. By avoiding
this time frame, impacts to wildlife in the natural areas
during the breeding season shall be kept to a minimum.
PAGE THIRTY-TWO ~ CITY COONCIL MINIITE~ - JIINE 8s 1993
38. Diversion, obstruction of the natural £low, or ckxanges in
the bed, channel, or bank of any river, stream, or lake
shall require notification to the CDF as calleci for in
the Fiska and Game Code. Notification shall be made after
the project is approved by the lead agency.
39. A qualified paleontoloqist shall monitox ground
disturbinq activities in high potential areas.
Monitoring would occur for 2 to 3 hours per week in area
anapped as Quaternary Alluvium (Qal), with increased
monitoring activity occurring should fossils be located.
A greater moni~oring effort of 4 hours per day would
occur in the late Pleistocene deposits (Qc).
a) The monitoring paleontologist shall salvage fossils
as ~hey are unearthed and remove bulk samples of
sediments which may contain small remains, such as
rodents, to an off-site location for screen
washing. The monitor shall be empowered to
temporarily halt or divert equipment ~o allow
removal of abundant or large specimens,
b) All specimens removed by the paleontologist shall
be prepared to the point of identification and
described in a report of the findings, with an
appended itemized inventory of the recovered
specimens. Specimens would then be accessioned
into an established museum repository with
retrievable storage.
40. Traffic impacts shall be mitigated in accordance to the
measures detailed in Section 4.13.3 of the EIRe
41o Ftecycled water shall be utilized where feasible. ~7here
implemented, recycled water shall be used in accordance
with Title 22, California Administrative Code and is also
subject to the requirements and specifications of the
Riverside County Health Department, EVMWD and the RWQCB
through issuance of an MPDES waste discharge permit.
42. Applicanf sha11 assist EVMWD in finding additional
funding sources for short- and long-term financing for
construction of on-site and regional water and sewer
facilities.
43. All clevelopment proposals shall be reviewed by the City
of Lake Elsinore and Riverside County Fire Department to
ensure that adequate fire services are available to serve
the development.
44. The proposed fire station shall follow the standards of
the Fire Master Plan. Fire Station location and access
shall be approved by the Riverside County Fire
Department.
45. Prior to occupancy, the Applicant and the City shall
cooperate with the Riverside County Sheriff°s Department
to ensure that adequate police service will be provided
for the project, including mitigation fees, if necessary.
46. The proposed police substation shall comply with all
applicable Riverside County Sheriff Department standardse
PAGE THIRTY-THREE - CITY COtTNCIL MINOTES - JONE S~ 1993
47. The Applicant shall pay to the Lake Elsinore Unified
School District the developer fee in the amount set by
State law or as mutually agreed upon with the District
pursuant to Condition of Approval No. 77.
48. Special event traffic control shall be provided during
major events at the stadium.
49. Desiqn of the specific facilities within the Sports Park,
such as the equestrian facility, shall be subject to
design review by the City of Lake Elsinore and with
particular consideration for waste disposal, site
drainage, and vector control.
50. Applicant shall ensure adequate utility service prior to
occupancy.
51. The Applicant shall comply with all applicable measures
as specified by the city including those found in the
city programs including the City Source Reduction and
Recycling Element and Household Hazardous Waste Element,
the county Solid Waste Management Plan and new county
Integrated Waste Management Plan.
52. Development of the new library facility shall conform to
applicable RCCPL standards. Applicant shall pay any
applicable fees for library services prior to issuance of
building permits.
53. Applicants shall provide all project-related on-site
improvements as specified in the Specific Plan.
54. The use of some native vegetation shall be incorporated
into landscaping. Native bunchgrasses, wild buckwheat,
and coastal sagebrush are examples of native grassland
and coastal sage scrub species that shall be utilized so
as to create as diverse a plant palette as feasible.
Implementation of this measure would partially mitigate
for unavoidable impacts of the project on natural
vegetation in the area.
55. Dust control methods shall be employed during
construction so as to minimize the amount of dust that
could settle on Rome Hill. Implementation of this
measure would reduce dust impacts to a nonsignificant
level.
56. All future development including tentative subdivision
maps shall be consistent with the design standards and
guidelines proposed in the Specific Plan.
57. All future development is subject to the City of Lake
Elsinore Design Review process.
58. Three sites, CA-RIV-4042, CA-RIV-4647 AND CA-RIV-4648,
require archaeological test excavations to determine
their importance. The COE, Los Angeles District, shall
conduct test excavations at CA-RIV-4042 and determine
that site's importance.
59. CA-RIV-4647 may be eligible for the Sparse Lithic Scatter
PAGE THIRTY-FOIIR - CITY COiJNCIL MIN[JTES - JDNE 8~ 1993
Program as definecl by Jackson et al. (1988) and will
require a more extensive test excavation program.
60. Yf subsurface deposits are found in conducting ~he
excavation of Subsurface E~cploratory Excavation Units°
(SEEUs) for the Sparse Lithic Scatter Program, CA-RIV-
4648 requires archaeological test excavation to determine
its significance under CEQAo
61. The Applicant will worlc with EVMWD to ensure that there
is an adequate supply of water and pressure to meet fire
flow requirements. All water mains and hydrants shall be
provided in accordance with City of Lake Elsinore
Municipal Code, subject to the approval of the Riverside
County Fire Department.
62. Any uses within the East Lake project which involve or
generate hazardous waste shall prepare a Hazardous
Materials/Waste Handling, Storage, and Disposal Plan for
approval by the California Department of Health,
Riverside County Fire Department, and City of Lake
Elsinore. An emergency evacuation plan shall be prepared
for uses which involve hazardous waste.
63. As a condition of land use approval or land use permits
issued under the Specific Plan, Applicant shall be
required to grant an aviation easemen~ for airport
operations. Aviation easements shall not restrict
airport operations, but shall specify the types of
activities inclazded within the easement clesignation.
Aviation easements will specifically include reference to
airport vicinity effects which include noise impact,
accident potential, fly-overs, miscellaneous effects such
as potential damage from accidental fuel spills and
airport expansions.
64. The Department of Real Estate Report (DRE) and property
title reports shall inform prospective buyers of the
existence of aviation easements. All properties within
~he vicinity of the airstrip shall be subject to the
aviation easement restrictions. Aviation easements are
attached to the title of properties and hence are
transferred to subsequent owners.
65, Residential structure ancl otfier hazards to aviation (such
as light standards), shall meet FAA Part 77 requirementso
66. fieight limits within the clear and approach zones shall
recognize the 20:1 approach and departure slope which is
a condi'cion of airport aperation as permitted by
California Department of Transportation, Division of
Aeronautics.
67. Residential uses within any established airport pattern
area shall be limited to suggested densities in the
Airport Land Use Planning Handbook or other appropriate
planning standard.
68. The approved Final Specific Plan shall be filed in the
office of the City Clerk and in the City Planning
Division.
PAGE THIRTY-FIVE - CITY COIINCIL MINIITES - JIINE 8~ 1993
69. No building shall be constructed, maintained or used
other than for the purpose specified in the approved
Final Specific Plan as required hereinafter.
70. All future proposals shall be reviewed by the City on a
project-by-project basis. If determined necessary by
the Community Development Director or designee,
additional environmental analysis will be required.
71. All habitat resources planned for removal, preservation,
creation, or enhancement are subject to the review and
permit issuance of the U.S. Army Corps of Engineers
pursuant to Section 404 of the Clean Water Act, U.S. Fish
and Wildlife Service and Sections 1601-1603 of the State
Department of Fish and Game, where these Agencies have
jurisdiction. Copies of all permits (404 and 1603) and
conditions attached to the permits shall be submitted to
the Community Development Director or designee for review
prior to the removal of any habitat.
72. Prior to the issuance of any building permits for
residential or commercial land uses, in any particular
phase of the project, Applicant shall submit to the
Planning Commission for review and approval, a Master
Sign Program for all on-site signs in that phase, which
shall include but not be limited to commercial
identification signs, on-site residential and commercial
directional signs, and project area convenience signs.
The sign program shall provide text and exhibits in a
bound format containing all relevant sign criteria
including but not limited to sign construction material,
colors, height, and letter styleo
73. Prior to Certificate of Occupancy for any Commercial
project that could employ 100 or more persons, Applicants
shall submit a Trip Reduction Plan (TRP). Said TRP shall
be reviewed and approved by the City Traffic Engineer.
All applicable development shall incorporate facilities
and/or programs in their development plans sufficient to
attain a 12~ work related trip reduction from expected
number of trips related to the project as indicated in
the Trip Generation Handbook published by the Institute
of Traffic Engineers (ITE). Tip reduction shall be
calculated in accordance with standards established by
the Southern California Association of Governments (SCAG)
and/or the South Coast Air Quality Management District
(AQMD). The plan shall address the following measures,
takinq into consideration the nature, type and use of the
commercial development being proposed.
a) Preferential parking for the vehicles
b) Bicycle parking and shower facilities
c) Information centers for transportation alternatives
74, Applicant shall comply with the City's approved
landscaping standards in effect at the time of approval
of this Specific Plan with respect to the landscaping in
medians, parkways, expanded parkways and adjacent slopes
to be maintained by the city or Landscaping Maintenance
District. Landscaping and irrigation plans shall be
PAGE THIRT%-SI% - CITY COIINCIL MINtTTE~ -.7IINE 8~ 1993
approved by the Engineering Department and Cityos
Landscape Architect.
75. Except as otherwise provided in the Specific Plan or as
otherwise approved by the City Engineer, roadway
standards for Lake Elsinore relating to the minimum local
street radii, maximum cul-de-sac length, maximum grade
and minimum sidewalk width must be followede
76. Developer shall comply with all mitigation measures
identified in the Mitigation Monitoring Program adopted
with the East Lake Final E.I.R. 93~3.
77. Prior to approval of the first Tentative Tract Map filed
by each individual landowner or developer of property
within the Specific Plan Area, each such individual
landowner or developer shall have entered into a mutually
agreeable School Impact Mitigation Agreement with the
Lake Elsinore Unified School D(1°District'°), Ci~y shall
consider the adequacy of sckaool facilities or available
means of equitably financing school facilities to meet
the needs and demands of new development proposed in such
Tentative Tract Map to be approved by the city. For
purposes of this condition, acceptable mitigation
provided for in the School Impact Mitigation Agreement
may include, but is not limited to ~he following:
a) Construction by ~he landowner or developer,
separately or jointly with other landowners and
developers in the Specific Plan Area, of 01turn-key"
school facilities ~o be dedicated to the Districte
provided, that such landowner or developer shall
comply with all applicable statutory and leqal
requirements, including but not limited to the
applicable requirements of the State Depar~ment of
Education, State Allocation Board, Office of Local
Assistance, Office of State Architect and the city
regarding the construction and dedication of school
£acilities,
b) LJtilization of developer fees, Mello-ltoos Community
Facilities District financing or other special
district financing singly or in combination, to
fully fund the construction cost of school
facilities necessitatecl by the proposed
clevelopment.
c) Eayment or credit toward school fee mitigation to
be provided to the landowner for the acquisition of
a school site located on such landowner's property.
Notwithstanding the foregoing, no school fees or other
mitigation requirements shall be required for the
construction of municipal facilities including, but not
limited to, the proposed baseball stadium within the
Special Use Area.
43 e Seconci Readina -
(F:6S.1)
PAGE THIRTY-SEVEN - CITY COUNCIL MINIITES - JDNE 8~ 1993
MOVED BY DOMINGUEZ, SECONDED BY WASABURN TO ADOPT ORDINANCE NO.
956:
NO. 956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
WITFi EAST LAKE COMMUNITY BUILDERS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ~ WINKLERe
WASHBURN
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
44. Second Reading - Ordinance No. 957 - Boatina Reaulations
Revised. (F:92.1)
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO.
957:
NO. 957
AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING
CHAPTER 9.96 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING
i TO BOATING REGULATIONS.
UPON THE FOLLOWING ROLL CALL VOTE:
45.
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
(F:iz~.i)
Mayor Washburn appointed Councilman Winkler for a period of
two months as the Public Safety Liaison. Mr. Winkler
encouraged the citizens to get involved in the Crime Watch
Committee and stated that this committee is for the citizens
and not a City entity.
City Attorney Harper commented on the things that citizens can
accomplish and showed a sign that can be used and detailed the
civil legal action that can be taken.
POBLIC COMMENTS - NON-AGENDIZED ITEMS
Dan Bender, 1157 Laguna, congratulated the Council and Chamber on
the success of the rodeo and stated that this a positive action in
the community and commended Council for their concern and action
PAGE THIRTY-EIGHT ~ CITY COIINCYL MINIITES - JIINE 8~ 1993
regarding the Lake. He asked that a Lake Advisory Committee
meeting be scheduled in ~he near future.
Mayor Washburn stated that a letter has already been sent setting
a meeting for the Lake Advisory Committee.
Peter Dawson, 18010 Grand Avenue, urged the Lake Advisory Committee
to ge~ going and commented on private property and launch rights
with access to the lake as addressed in the new Boating Ordinance
No. 957 and asked the Council to reconsider in regard to the lake
level. He asked if the lake was going to be dredged and what
effect that would have on the property ownerso
Marianna Mohylyn, 305 W. Sumner, discussed her concern regardinq
the mosquito problems which will occur this summer and thanked the
City Council for their concern reqarding the community.
Chris Hyland, 15171 Wavecrest Drive, commended Councilwoman
Cherveny for her letter to the Editor and criticized the proposed
budget, stating that she is in favor of retaining the kids program
and not addressing the church on Main 8treet. She further stated
that the Street Faire should be held because it is a benefit to the
communityo
Edith Stafford, 54 Elm Street, stated that her number one priority
is police protection and she is in favor of finding more money for
police serviceso
CITY MANAGER COMMENT3
None.
CITY COUNCIY~ COMMENTS
None.
CL03ED SESSIObI
None.
The Regular City Council Meeting was adjourned at 10:55 p.ma to
Tuesday, June 15, 1993, at 3:00 p.m., in City Hall, 130 S. Main
Street, Lake Elsinore.
~~~~
Y . WASHBURN, MAYOR
CI OF I,AKE ELSINORE
CRe,~G~agtfully submi ted ,
,/ o/ n
/L % z:~LCL ,
Adria L' . li~-,~ning, Deputy ity Cler~
A TEST<
~~
VICKI KASAD, CITY C ERK
CITY OF LAI:E ~Ls'INORE