HomeMy WebLinkAbout07-27-1993 City Council MinutesMINIITES
REGIILAR CITY COtJNCIL MEETING
CITY OF LARE ELSINORE
31315 CHANEY STREET
LARE ELSINORE~ CALIFORNIA
TIIESDAYs JOLY 27~ 1993
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor
Washburn at 7:02 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Molendyk.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN
ABSENT: COUNCILMEMBERS: CHERVENY
Also present weret 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, Community Services Manager Best,
Public Services Director Tecca, Manager of Special Projects
Watenpaugh, City Treasurer Pape and City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
A. Proclamation - Elsinore Ready Mix. (F:122.1)
Mayor Washburn indicated that Lawrence-Cartier was not able to
be present for this proclamatior and his son Bob Cartier would
be accepting it on behalf of Mr. Cartier and the Cartier
family.
Mayor Washburn read the Proclamation and presented it to Mr.
Cartier, commending his family for the contributions they have
made to the community.
Mr. Cartier thanked the Council for this recognition.
B. Lake Ubdate. (F:92.1)
City Manager Molendyk indicated that the application of micro-
organisms to the Lake is working as anticipated. Manager of
Special Projects Watenpaugh further commented on the success
of the initial application and indicated that beginning on
Friday there will be additional spot treatments. He noted
the increasing p.h. level in the Lake and indicated that the
final result is anticipated to be between 7.2 and 8.2, which
is very close to neutral.
EIIHLIC COMMENT3 - AGENDI2ED ITEM3
Requests were received to address the following items and deferred
to those discussions:
Ytem Nos. 21, 31, and 35.
PAGE TWO - CITY COIINCIL MINIITES - JIILY 27~ 1993
CONSENT CALENDAR
The following items were pulled from ~he Consent Calendar for
further discussion and consideration:
Item Nos. 2, 5a, 6, 7, 10, 11, 12, 13,
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Joint Budget Workshop - July 1, 1993. (F:44.4)
b. Regular City Council Meeting - July 13, 1993. (F:44.4)
c. City Council Work Session - July 15, 1993. (F:44.4)
The following Minutes were received and ordered filed:
d. Planning Commission Minutes - June 16, 1993. (F:60.3)
e. Planning Commission Minutes - June 30, 1993. (F;60.3)
f. Planning Commission Minutes - July 7, 1993. (F;60.3)
3. Received and ordered filed the Investment Report for June 30,
1993. (F:12.5)
4. RatiPied Warrant List for July 15, 1993. (F:12.3)
5b. Rejected and referred to Claims Administrator the Claim
submitted by James Robert Roscher - CL #93-14. (F:52.2)
8. Adopted Resolution No. 93-45, Setting Appropriation Limits for
Fiscal Year 1993-94 (Proposition 4). (F:30.1)
RESOLUTION NO. 93-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL
YEAR 1993-94 CONSISTENT WITH ARTICLE XIIIB OF THE CALIFORNIA
CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF
INFORMATION SUPPORTING SAID DETERMINATION.
9. Adopted Resolution No. 93-46, Providing for the Establishment
of the Riverside County Abandoned Vehicle Abatement Service
Authority and Authorizing Ymposition of Vehicle Registration
Fe@~ (F:68.1)(X:140.1)
RESOLUTION NO. 93-46
A RE50LUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
PROVIIIING FOR THE ESTABLISHMENT OF THE RIVERSIDE COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY AND AUTHORIZING
IMPOSITION OF VEHICLE REGISTRATION FEE.
14. Approved Change Order No. 7 for Lincoln Street, Le Gaye Street
and Grand Avenue, Street Improvements for West Lake Elsinore,
Community Facilities District 88-3. (F:22.3)
PAGE THREE - CITY COiTNCIL MINUTES - JOLY 27~ 1993
15. Accepted Notice of Completion for Main Street/Pottery Street
Intersection Improvements and Flint Street/Yarborough Park
Improvements. (F:156.2)
16. Accepted Notice of Completion for the Madison Street and
Garfield Street Landscape and Irrigation. (F:95.2)
YTEMS PIILLED FROM CONSENT CALENDAR
2. L.E.A.F. Animal Control Activitv Report - June 1993. (F:18.2)
Councilman Alongi commented on recent incidents reqarding
L.E.A.F. and the requirement that dogs be adopted by owners
with fenced yards. He stressed the number of dog bites
occurring and the need to maintain safety standards for the
animals as well as the residents.
MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL
ACTIVITY REPORT FOR JUNE, 1993e
5a. Claim Aaainst the City - Jacob Hoffer - CL #93-11. (F:52.2)
City Attorney Harper indicated that after further
investigation this item should not be considered at this time.
6.
93-40. (F:22.3)
Councilman Alongi indicated that he had pulled this item to
abstain from vote.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3
TO 0 WITH CHERVENY ABSENT AND ALONGI ABSTAINING TO ADOPT RESOLUTION
NOS. 93-39 AND 93-40:
RESOLUTION NO. 93-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINOREo
CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF
RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES. (COMMUNITY FACILITIES DISTRICT 88-3).
RESOLUTION NO. 93-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COiTNTY OF
RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES. (COMMUNITY FACILITIES DISTRICT 91-2).
7.
Councilman Alongi indicated that he had pulled this item to
abstain from vote.
Nos. 93-41 thru 93-44. (F:22.3)
PAGE FOi1R - CITY COUNCIL MINOTES - JIILY 27~ 1993
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3
TO 0 WITH CHERVENY ABSENT AND ALONGI ABSTAINING TO ADOPT RESOLUTION
NOS.
RESOLUTION NO. 93-41
A RESOLUTION OF THE CITY COUNCIL OF THE CIT
CALIFORNIA~ REQUESTYNG THE TAX COLLECTOR
RIVERSIDE TO PLACE ASSESSMENTS ON THE
PROPERTIES. (ASSESSMENT DISTRICT 87-2).
RESOLUTION NO. 93-42
A RESOLUTION OF THE CITY COUNCIL OF THE CIT
CALIFORNIA, REQUESTING THE TAX COLLECTOR
RIVERSIDE TO PLACE ASSESSMENTS ON THE
PROPERTIES. (ASSESSMENT DISTRICT 89-1).
RESOLUTION NO. 93-43
Y OF LAKE ELSINORE,
OF THE COUNTY OF
BILLS OF CERTAIN
Y OF LAKE ELSINORE,
OF THE COUNTY OF
BILLS OF CERTAIN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, F2EQUESTING THE TAX COLLECTOR OF THE COUNTY OF
fl2IVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN
PROPERTIES. (ASSESSMENT DISTRICT 86-1).
RESOLUTION NO. 93-44
A RESOLUTION OF THE CITY COUNCII,OF THE CITY OF LAKE ELSYNOREs
CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF
RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN
PROPERTIES. (ASSESSMENT DISTRICT 90-1A)
10. Cost Recoverv for Demolition of 30S North Lanastaff. (F:32.4)
11. Cost Recoverv for Demolition of 409 Lanastaff.
12. Cost Recoverv for Demolition of 505 Minthorn Street.
13. Cost Recoverv for Demolition of 790 Lake Street.
Councilman Alongi expressed disappointment that these items
did not include a method of assuring repayment. He expressed
particular concern with the demolition at 505 Minthorn Street
which cost $45,000. He stressed that there are currently no
agreements s~ating when the money will be repaid. Fie
indicated that he would like the Council to develop a program
which would include interest and repayment requirementse He
£urther indicated that tax dollars should not be used unless
they can be repaid more quickly. He suggested that one year
or eiqhteen months be allowed, followed by a foreclosure
process. Yie also suggested that owners be asked to sign an
agreement for this repayment.
City Attorney Harper indicated that it an agreement can be
obtained that woulcl be fine, however he noted that this
abatement process is not perceived as voluntary and agreements
might be difficult to obtain. He suggested that Council
consider a threshold amount at which they would see the
foreclosure process being applicable. He noted previous
discussions and the importance of recovering costs to allow
for additional abatement worlc.
PAGE FIVE - CITY COIINCIL MINUTES - JIILY 27, 1993
Mayor Washburn commented on the 505 Minthorn property, noting
that it was a real eyesore from the freeway, however based on
the comments of the owner, a repayment agreement would not
have been seen as an alternative.
City Attorney Harper stressed that the objective and the best
case scenario would be for the property owner to handle the
demolition.
Councilman Alongi questioned the ability to charqe interest on
the outstanding loans.
Mayor Washburn suggested that staff investigate alternatives
and respond via memo.
City Attorney Harper indicated that they were assembling a
list of outstanding loans and would review possible threshold
amounts.
Councilman Winkler suggested review of the entire list and
consideration of each item individually.
Cuncilman Alongi addressed 505 Minthorn and inquired what
happened to the debris from the site. Community Development
Manaqer Shear indicated the some was salvaged, some went to
the dump and the trailings were spread on the site.
Councilman Alongi inquired whether that material was more than
2 or 3 feet deep on any part of the lot. Mr. Shear indicated
that it was. Councilman Alongi inquired whether it would be
possible to build on that site with this material. Mr. Shear
indicated that a soils engineer would require that it be
removed prior to construction.
MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE
OF THOSE PRESENT TO APPROVE THE COST RECOVERIES ON 308 NORTA
LANGSTAFF, 409 LANGSTAFF, 505 MINTHORN STREET AND 790 LAKE STREET.
PUBLIC HEARINGS
21. Laauna Heiahts Soecific Plan 92-3. Environmental imnact Renort
(F:150.2)(X:83.2)
RESCSEDOLED TO AIIGOST 30. 1993e
Mayor Washburn noted two requests to address this item and
explained that the meeting was rescheduled and renoticed for
August 10, 1993 and requested that the comments be deferred to
that date.
BUSINESS ITEMS
31. Final Extension of Time for Tentative Tract Man i9saa !c/w
Road. (F:160.2)
City Manager Molendyk e~:plained this item and its continuance
from July 13th to address conditions regarding the park site.
A representative of the new owners of this project indicated
that they had reviewed the conditions and were in agreement.
EAGE SIB - CITY COONCIL MYNQTES - JIILY 270 1993
MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO GRANT THE TWELVE MONTH EXTENSION OF TIME
TO EXPIRE ON JUNE 26, 1994, BASED ON THE FOLLOWING FINDINGS AND
SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:
FINDINGS - TENTATIVE TRACT MAP 19344
1. Substantial costs associated with the project flood
control channel improvement plans have been
incurred by the applicant, and the applicant has
provided staff evidence that they have had an on-
going effort to complete processing the flood
control plans throuqh the County Flood Control
District.
2. Conditions have been added by the Engineering and
Planning Departments to insure the development will
not impact public health, safety and welfare.
3. The Project as proposed and conditioned is
consistent with the Goals, Policies, and Objectives
of the General Plan.
CONDITIONS OF APPROVAL
1. Extension of time #3 for Tentative Tract Map No.
19344 will expire on June 26, 1994 according to the
Subdivision Map Act and Title 16 of the Lake
Elsinore Municipal Codeo
2. The Tentative Tract Map shall comply with the State
of California Subdivision Map Act and shall comply
to all applicable requirements of the Lake Elsinore
Municipal Code, title 16 unless modified by the
Conditions of Approval.
3. Approval contingent upon certification by City
Council of a Focused Environmental Impact Report.
4. Approval contingent upon approval of annexation
reqtaest by the Local Agency Formation Commission
(LAFCO).
5o A finding of conformity to the adopted General Plan.
6o Applicant shall record CC & R's for the Tract
prohibiting on-street storage of boats, motorhomes,
~railers, and trucks over one-ton capacity and
roof-mounted, or front-mounted microwave antennas.
7, Meet all City Codes and Ordinancese
8. App3icant shall meet all requirements of Ordinance
No. 572.
9. Applicant shall enter into an agreement with the
Elementary and High School Districts to off-set
overcrowding.
10, All trees planted along streetscape must be a
minimum of fifteen (15) gallon size.
PAGE SEVEN - CITY COONCIL MINIITES - JULY 27~ 1993
li. Applicant shall submit to the Planninq Division and
Engineering Department a map showing all eight (8)
phases of development.
12. Trailers utilized during the construction phase
shall be approved by the Planning Division.
13. Applicant will utilize the highest Uniform Building
Code values pertinent to seismic structural design,
as per Senior Buildinq Official and/or ICBO
recommendations.
14. Applicant shall submit plans/specifications for
six-foot (6') decorative block wall along project
perimeters to Planning/Engineering Departments for
review, as per map item number 23. This item is
subject to review and final approval by Design
Review Board.
15. Meet County Fire Department requirements for fire
protection.
16. Meet County Health Department requirements.
17. Meet Regional 6Vater Quality Control Board
requirementso
18. Applicant shall submit design elevations to the
Design Review Board for approval.
19. Participate in City-wide entry-siqnage program.
20. All signage must be under permit.
21. All park and recreational facilities must be
improved to standards and specifications of
Recreation and Park District and/or City Council.
22. Provide transit facilities (i.e., covered bus
stops) within said project as deemed applicable by
Chairman of Lake Elsinore Transit System.
23. Participate in Landscaping and Lighting District.
24. All slopes must be planted with erosion control
vegetation to be approved by Planning Division.
25. Require developer to dedicate five (5) acres for
park usage and improve 2.7 acres of the five (5)
acres. Improvements and location within the
thirteen (13) acres to be at staff°s discretion, as
a condition of the final map. Remainder of the
thirteen (13) acres, which is not park site, to be
dedicated as a buffer zone.
26. The entry to be as proposed by the developer, a
small monument.
27. Delete lots 305, 306, 307, 308, 309, 192, 193, 194
and i81, for creation of a buffer zone between the
development and the airport.
PAGE EIGHT - CITY COIINCIL MYNUTE~ - JOLY 27~ 1993
28. Include a clause notifying buyers within the Tract
of the development's proximity to an airport, to be
recorded on each lot.
29. Dedicate twenty (20) additional feet of right-of-
way along Corydon Road.
30. Construct asphalt paving to City Standards from
centerline to lip of gutter on Cordon Road. Tests
must be provided to show that existing paving is to
the City Standards and will support the traffic
load represented by the City Engineer's ~raffic
index. Obtain Riverside county permits as required.
31. Construct curb, gutter and paving on all proposed
streets to the specifications of the City Engineer,
32. Street plans and specifications to be prepared by a
reqistered Civil Engineer and will include signing
and striping. As-built street, grading, utility
and drainage improvement plans are required.
33. Consent to sign an agreement to pay Traffic Safety
Mitiqation fee for future traffic signalization in
the amount of $225.00 per lot or provide cash bond
to guarantee construction of one signalized
intersection upon demand by the City on Cordon Road
at either Palomar Street or Grand Avenue. Provide
services of a traffic engineer to study the need of
a signalized intersection at Cordon Road and
Palomar Streeto
34. Install six-foot (6') sidewalk adjacent to all
curbs and gutters except eight-foot (8') width
along the commercial frontage.
35. Construct curb, gutter, sidewalk and one- half
street paving to ten feet (10') past centerline for
the extension of Palomar Street to Cordon Roado
City will assist developer in acquiring right-of-
way by corresponding with the property acquiring
right-of-way by corresponding with the property
owner. Developer must dedicate required right-of-
way. The City is to assist the developer in
acquiring the right-of-way. Sf the City and the
developer are able to obtain this particular right-
of-way, then the developer should at the
development stage of other property, be responsible
for his half of Palomar Street, as provided in the
subdivision Map Act and to conform with same.
36. Public improvements to conform with City Code
requirements and City approved Riverside County
Standard Drawings and Specifications.
37. Centerline of Union Street must align with
centerline of existinq Union Street southeast of
Cordon Road.
38. All local streets which are not terminated in cul-
de-sacs shall have 60-foot right-of-way with 40-
PAGE NINE - CITY COIINCIL MINQTES - JIILY 27, 1993
foot wide curb-to-curb roadway. Cul-de-sac streets
to be 56-foot riqht-of-way, with a thirty-six-foot
(36') curb-to-curb roadway.
39. Provide Class II or equivalent bike lane on Cordon
Road as approved by the City Engineer.
40. Provide bus turnout and bus shelter on Cordon Road
as approved by the City Engineer and Lake Elsinore
Transit System.
41. All grading must conform to City Ordinance No. 636
and the Uniform Buildinq Code, Chapter 70. Erosion
control plantinq and irrigation must be approved by
the City Engineer.
42. Provide soils, geology and seismic report including
street design recommendations. Provide final soils
report showing compliance with preliminary and
finish grade certification.
43. Street trees shall be provided, type, size and
placement shall be approved by the City Engineer.
44. Provide grading plan prepared by a registered Civil
Engineer. All property lines shall be at the top
of the construction slopes with the required
Uniform Building Code setback requirements.
45. The northwesterly corner of this proposed Tract
19344 is below elevation 1270', the lowest corner
being elevation 1261'. Earth fill up to as hiqh as
1276' is being proposed in this northwest corner of
the tract to provide recreation and public
facilities.
City Ordinance No. 603 states in Section 2.3-1(3)e
"Review all development permits to determine
whether the proposed development adversely affects
the flood carrying capacity of the area of special
flood hazard. For purposes of this ordinance,
"adverse affects" means that the cumulative effect
of the proposed development, when combined with all
other existing and anticipated development will not
increase the water surface elevation of base flood
more than one-foot at any point in the City of Lake
Elsinore flood plain."
Paved parking areas and other minor structures
associated with recreation facilities are proposed
below elevation 1270°. City Ordinance No. 711
states in section three:
"No person, firm or corporation shall construct any
new non-residential structure within the City of
Lake Elsinore with the foundation or basement lower
than the elevation of 1270' mean sea 1eve1 within
the perimeter streets of Lake Elsinore consisting
of Grand Avenue, Riverside Drive, Mission Trail and
Cory,don Road, except as specifically permitted by
the City Council on a case-by-case review."
PAGE TEN - CITY COUNCIL MINIITES - JOLY 27a 1993
Planninq Commission and City Council must interpret
the proposals shown on the Tentative Tract with
consideration of these ordinance requirements and
make appropriate findings.
46. The hill or rise near the center of this site is
proposed to be removed and involves a maximum cut
of fifty-nine (59) to sixty (60) feet. The gradinq
Ordinance Number 636 states in Section Two (A)"
"This ordinance shall provide for the preservation
of the natural scenic character of the land,
consistent with reasonable economic enjoyment of
such property."
The Planning Commission and City Council ~ust make
a findinq that this proposed land developments
consistent with the ordinance requirements and
changing of the ~opography is necessary, because of
the unusual character of this site and necessary
for the property owner to enjoy a substantial
property right.
47. Install ornamental street lighting as approved by
the City Engineer.
48, Comply with the requirements of Riverside county
Flood Control report, dated July 2, 1984, and
additional or alternative requirements of the City
Engineer and the City Code. The City Engineer
shall judge as to interpretation and application of
flood control recommendations.
49. Submit hydrology and hydraulic studies, necessary
master planning and detailed plans and profiles of
the proposed flood control facilities to Riverside
County Flood Control District and to the City
Engineer for review and approval prior to Final Map
recordation. Provide drainage easements as
required by the City Engineer.
50. Construct box culvert(s) under Cordon Road and
Union Street with inlet facility to the
satisfaction of Riverside County Road Department,
Riverside County Flood Control, and the City
Engineer.
51. All major drainage facilities in this Tract shall
be constructed to Riverside County Flood Control
District standards and agreement entered into with
the District for construction, ownership and
maintenance.
52. Provide for a drainage ditch and/or a retaining
wall, along the southwest boundary of this Tract,
of a decorative nature as approved by the City
Engineer for added flood protection. The drainage
channel along the southwest boundary of this Tract
shall be provided with a ten-foot (10') top width
PAGE ELEVEN - CITY COIINCIL MIN[TTE~ - JIILY 27s 1993
maintenance road. An irrevocable offer of
dedication of an easement shall be given by
developer for this drainage facility. City will
not accept the easement, but will leave underlying
ownership and maintenance responsibility with the
individual home owner.
53. Comply with the requirements of Elsinore Valley
Municipal Water District, County Health Department
and California Regional Water Quality Control Board
for sewage disposal. Provide letter from Elsinore
Valley Municipal Water District pertaining to
agreement regarding sewage disposal construction.
54. Developer to hook-up to regional sewer system.
Install cleanouts behind the sidewalk on all sewer
laterals as required by the City and/or Elsinore
Valley Municipal Water District. Developer
acknowledqes that sewer lateral maintenance from
the sewer main in the street to the property line
is homeowner or Elsinore Valley Municipal Water
District's responsibility. No occupancy will be
granted until sewer service is available from
Elsinore Valley Municipal Water District regional
sewerage collection and treatment system.
55. Provide a will-serve letter guaranteeing water
service from Elsinore Valley Municipal Water
District.
56. Dedicate underground water rights and future water
site to the City or its assignee.
57. Pay all applicable Capital Improvement fund fees
per Ordinance No. 572.
58. Pay all sewer fees as required by Elsinore Valley
Municipal Water District.
59. Pay all Public Safety fees (police and fire) per
Resolution No. 83-87.
60. Pay all School fees.
61. Prior to Final Map recordation, a subdivision
aqreement shall be entered into with the
developer(s), owner(s) and the City.
62. Final Map shall show the following items with a
prominent note:
a) All geologic fault lines.
b) 100-Year and 500-Year Flood Plain.
c) Areas subject to flood hazards.
63e Provide Tract Phasing Plan for City Engineer's
approval. Bond public improvements for each phase,
as approved by the City Engineer.
EAGE TWELVE - CITY COONCIL MIN[TTES ~ JULY 27, 1993
64. Record a Notice o£ 100-Year Flood Hazard and waiver
of City liability.
65. Applicant will contribute pro rata share toward
fire fighting facilities serving the southeastern
end of the Citye Amount not to exceed twenty-five
thousand dollars ($25,000).
66a Applicant to agree to join Assessment District for
the San Jacinto Bridge.
67. A. A district to be formed under the Lighting and
Landscaping Act of 1982 (commencing with
Section 22500 of the Streets and Highways
Code) to pay for the annual cost of lighting,
landscaping and parks which benefit the
project, by the annual levy and collection of
an assessment within the Project Area.
B. A Community Facilities District to be formed
under the Mello Roos Community Facilities Act
of 1982 (commencing with Section 53311 of the
Government Code) to pay for the cost of fire,
police and storm water protection services, by
the annual levlr and collection of a special
tax within the project area.
The developer agrees to waive any right of protest
under the Lighting and Landscaping Act of 1982.
Furthermore, the developer agrees to vote
affirmatively on the ballot proposition to be
submitted at a special election incident to
proceedings under the Mello Roos Community
Eacilities Act of 1982.
68. Developer shall complete construction of the 4.85
acre park site which includes the 2.7 acre active
park and have it ready for pre-maintenance
acceptance by the Director of Community Services
concurrent with the first Certificate of Occupancy
excluding the model complex, for the next
constructed phase. Provided the City has funds,
Developer shall share ~he cost and participate in
the installation of turf hydroseeding and
permanent irrigation of the remaining approximate
7.o acre park site; otherwise, Developer shall
install erosion control measures on-site in
accordance with the previous parks agreemen~.
69. All improvement plans and tracts shall be
digitized. At certificate of occupancy applicant
s~all submit tapes and/or discs which are
compatible with City°s ARC INFO/GYS or developer to
pay $1,00o per sfieet for City digitizing.
70. Developer sha11 provide No Parking and Street
Sweeping signs for streets within tract or pay a
fee for installation by the City.
71. Developer shall install blue reflective pavement
markers in the street at all fire hydrant
locations.
PAGE THIRTEEN - CITY COIINCIL MIN[JTES - JIILY 27~ 1993
72. Tract building and grading permit phasing shall be
in accordance with agreed upon sequence of
development activities signed Auqust 1, 1988.
73. Developer shall be subject to all Master Planned
drainage fees and will receive credit for all
Master Planned drainage facilities construction.
74. If grading exceeds 50 cubic yards, grading plans
shall be prepared by a Civil Engineer ad approved
prior to final map approval. Prior to any grading,
applicant shall obtain a grading permit and post
appropriate security.
75. The owner shall provide the City with proof of his
havinq filed a Notice of Intent with the Regional
Water Quality Control Board for Natural Pollutants
Discharge System Permit prior to issuance of
qrading permit.
76. Applicant shall bond for the cost of the storm
drain system for Cordon Street to the northwest
boundary for tract 19344-3 as part of the first
phase of future development.
77. The owner shall provide the City with storm water
pollution prevention plan per the Regional Water
Quality Control Board for Natural Pollutants
Discharge System (NPDES) Permit prior to issuance
of grading permit.
78. Applicant to process a Letter of Map Revision
(LOMR) for the Flood Insurance Rate Map (FIRM) for
storm drain improvements which will be or have been
installed as part of this tract. The LOMR shall be
submitted to the Federal Emergency Management
Agency (FEMA) prior to building permit issuance.
79. The current property owner and/or developer shall
assume all obligations and conditions contained in
the 11Agreement for Construction of Improvements and
Dedication of Parkland" dated February 10, 1988.
The current property owner shall also reexecute
this agreement in their name with the City prior to
the next Final Tract map approval.
80. Prior to the next Final Tract Map approval, the
current property owner and/or developer shall
provide a new bond for the cost of park
construction as defined in the "Agreement for
Construction of Improvements and Dedication of
Parkland1° .
32. Ordinance No. 961 - Parking & Lake Reaulation Enforcement
Proceaure. (F:iia.i)(x:9a.i)
MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 961:
Councilman Alongi indicated that he had two concerns, the
first being the case of emergency parking in otherwise no
parking areas. He suggested that this option be in place.
PAGE FOIIRTEEN - CITY COIINCIL MINIITES - JIILY 270 ].993
City Attorney Harper clarified that this ordinance does not
impac~ existing parking ordinances and resolutions, except in
the way they are processed and handled.
Councilman Alongi inquired when this type of addition should
be addressed. City Attorney Harper indicated that this would
be addressed the same as any other parking regulation on a
street by street basis.
Councilman Alongi further inquired whether that would mean
adopting this ordinance and coming back for amendments. Mr.
Harper Purther clarified the ability to bring this back as a
resolution. Councilman Alongi addressed Section 10.12.060A of
this ordinance and suggested that vehicles such as
Recreational Vehicles be limited to 48 hour restrictions.
City Attorney Harper clarified that this was merely
xatification of the State statute and there is really no
ability to limit the hours further. Councilman Alongi
indicated that it was his understanding ~.hat Recreational
Vehicles and Travel Trailers were not directly regulated as
vehicles under the State code. City Attorney Harper
indicated that the only vehicles not regulated in this way
would be non-motor vehicles. Councilman Alongi then inquired
whether travel trailers could be limited to 48 hourse City
Attorney Harper indicated that they are addressed in a
different area of the ordinance. Councilman Alongi further
questioned the ability to adopt an ordinance limiting
Recreational Vehicle and Travel Trailer parking. He stressed
ongoing problems with blocked visibility and hazards created.
City Attorney Harper indicated that would be possible if it
were to ban the parking of these vehiclese
ORDINANCE NOe 961
AN ORDYNANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER
Y0.12 IN YTS ENTIRETY.
THE FOREGOING MOTION CARRIED UPON TAE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERSe ALONGI, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CHERVENY
ABSTAINe COUNCILMEMBERS: NONE
33. Ordinance No. 962 - Reaulatina Control of Vicious and
Potentially Dangerous Doas. (F:18.1)
City Manager Molendyk indicated that Anne Washington,
Executive Director of L.E.A.F., was unable to attend this
meeting and had requested that it be continued for two weeks.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM FOR TWO WEEKS.
Mayor Washburn indicated ~hat while the system sounded
acceptable, he would suggested that the Council be represented
on the determination board.
PAGE FIFTEEN - CITY COIINCIL MINIITES - JIILY 27a 1993
34. Southern California Joint Powers Insurance Authority Annual
Meetina - Designation of Alternates. (F:88.1)
City Manager Molendyk indicated that initially it was thought
that no Council would be able to attend this meeting, however,
Councilman Alongi had since expressed an interest in attending
with Administrative Services Director Boone. He suggested
that Councilman Alongi be designated the Deleqate and Mr.
Boone designated as the Alternate,
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO DESIGNATE COUNCILMAN ALONGI AS THE
DELEGATE TO THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY AND ADMINISTRATIVE SERVICES DIRECTOR BOONE AS THE
ALTERNATE.
35. Notice of Default - CR & R. Inc. (F:68.1)(X:163.1)
City Manager Molendyk explained that it is the intent to give
notice to CR & R, based on Section XII B of the contract, due
to continuing problems of street sweeping services. This
action would provide 30 days written notice to CR & R Inc. and
if the problems are not resolved within the next 30 days then
a final decision would be made.
David Fahrion, Vice President for CR & R apologized for having
to appear before the Council and stated that he is sensitive
to the concerns and that his company is prepared to perform to
meet the requirements of the Citya He e~cplained that his
company has met with staff and is attempting to resolve the
concerns, noting that the initial response was a bit of an
overkill. Mr. Fahrion e~lained that as of July 16th, Apollo
Sweeping~s services were discontinued and CR & R is now using
their own equipment and personnel and will continue to correct
any problems and make the necessary improvements. He
explained that CR & R has prepared a specific plan as to how
his company will meet the expectations of the City and will be
presenting it to staff within the next two days and asked the
Council not to take formal action and allow his company a 30
day transitional period to allow CR & R to get their equipment
and personnel in place so that they can do the job correctly
and at the end of August if Council is not satisfied, then
they will be justified in placing CR & R under a 30 day
termination notice.
Public Services Director Tecca presented a three minute video
which described the deficiencies that are being discussed. The
video showed some of the sweeping problems, bin problems and
trash that was spilled and not cleaned up.
City Manager Molendyk explained that the City has been under
contract with CR & R since June, 1992, and that he did not
~hink that it was an overkill when management recommended to
the Council that there are defaults in the existing contract.
He further explained that the video was taken this date, but
the City hears it everyday and he feels strongly that the next
3o days are imperative to evaluate CR & R's performance.
Mayor Pro Tem Dominguez asked Mr. Fahrion if CR & R had picked
up all the old trash cans and asked if the residents were
notified. Mr. Fahrion stated that they were and that the
PAGE SYXTEEN - CYTY COIINCIL MINIITES - JIILY 27s 1993
residents had been notified. Mr. Dominguez stated that there
should be a follow-up to this because people are still
contending with the old cans.
City Manager Molendyk explained that generally when a city has
a major contract there is a supervisor in ~hat city to
supervisor in the city to review problems and make everyone's
job smoother. Mr. Molendyk stated that he was told that there
is only one supervisor for four cities, and suggested that is
a large geographical area for one person to handle. He
reminded Mre Fahrion that when CR & R negotiated their
contract it was discussed and agreed that when CR & R's
employees spilled trash or if there was trash in the streets,
then the haulers would pick it up and this has not occurrede
Mr. Molendyk indicated that he does hold CR & R responsible
for the performance of street sweeping as they are CR & R's
sub-contractors and CR & R has not addressed the problems.
Mayor Pro-Tem Dominguez stated that there needs to be a notice
in the paper or on King Video °'31e to address the replacement
of the trash cans. Mr. Fahrion concurred.
Mr. Fahrion explained that there is a new route planned for
the street sweeping to better address the issues and problems
which have occurred. It is CR & R's intent to improve the
overall efficiency of the program. He further explained that
there is over a 1,000 people in the City that are delinquent
in their payment, and in the case of commercial users their
service has been stopped in order to force payment for
service. The majority of the bills are 90 to 120 days
delinquent and this constitutes one fourth of the billings
within the City. Mayor Washburn asked how many delinquencies
~here are in ~he other cities. Mr. Fahrion stated ~hat the
other cities have approximately a 10% delinquency ratio.
City Manager Molendyk explained that it this should be covered
in that the 20% who donot pay are covered by the 80% who do
pay and noted that there was consideration to ultimately
collect the trash fees through ~he tax bills as well. &ie
indicated this could be brought back to Council for
discussion.
Mr. Fahrion stated that staff has been very responsive to
their calls and have discussed several ideas and CR & R is
moving gorward, but he did want remind the Council of the cash
flow problems which are experienced from this community and
indicated he does have a complete listinq of the persons who
have not paicl.
Councilman Alongi questioned the commercial accounts which are
not paying and CR & R having stopped service with a resultinq
build-up of trash. He asked if it would not have been better
to remove the con~ainers because of nonpayment insteacl. Mr.
Alongi asked if there were an ordinance which would force
commercial accounts to receive service and pay for that
service. He explained that he does not like to see a trash
bin flowing over and spilling trash as it creates a serious -
problem both for residential and commercial.
City Manager Molendyk explained that it was discussed to place
trash fees on the tax rolls so that the City could assist the
PAGE SEVENTEEN - CITY COONCIL MINUTES - JOLY 27e 1993
trash hauler in making that annual collection which can still
be considered.
Mayor Washburn explained that unfortunately one or two items
that triggered this action, causes the situation of who owes
what and creates confusion. He inquired if the customer
overfills the trash bin and it spills, who is responsible for
pickinq it upe
Councilman Alongi suggested that if the hauler who collects
observes that the trash bin is overflowing, then the customer
should be notified that there is a need for a second trash
receptacle. Mr. Fahrion explained that CR & R does not have
the authority to apply more service to the customer, CR & R
can notify, but it is up to the customer to increase the
service.
Public Services Director Tecca suggested that if CR & R has an
overdue account, then the barrel is red tagged informing the
people that the trash is accumulating and will not be picked
up until the bill is paid. Code Enforcement can then follow
up and site the resident or business for accumulating trash on
their property. This is one method to force trash collection.
Mr. Fahrion explained that no trash has been left in the
residential sector but the stop service in the commercial is
very effective and usually within one week the problem is
resolved. He further explained that they are addressing the
current problems and again requested that Council give CR & R
the opportunity to set all solutions in motion and if the
Council is still dissatisfied, then place the company on
notice.
Councilman Alongi explained to Mr. Fahrion that the trash that
is falling out of the barrels is not beinq picked up. Mr.
Fahrion stated that this will be resolved.
Councilman Alongi stated that he was disappointed in the
street sweeping and that he would like to have some way to
notify on just the street sweepinq and keep the trash service.
Mayor Washburn asked if the Council moves to give the 30 day
notice of violation of the terms and conditions of the
contract who determines if CR & R lives up to the agreement or
that they have failed to meet the concerns and the termination
is final. City Attorney Harper stated that it would be a
Council decision based upon input from staff.
Councilman Winkler asked if Council would have to rF:scind the
Notice of Termination if Council feels that they have met all
the concerns, otherwise the termination becomes ef~ecti~~e.
City Attorney Harper stated that it would. Mr. W3nkler asked
if there was a provision in the contract t.hat if the City
decided to rescind the termination that CR F R woul!i decide to
continue the termination and quit service to the CiLy. City
Attorney Harper stated that there was no brovision in the
contract for this and it would be unlikely t;~a!- CR & R would
do so.
MOVED BY DOMINGUEZ~ SECONDED BY ALONGI TO BRING THIS ITEM BACK TO
COUNCIL IN 30 DAYS TO DETERMINE AT THAT TIME IF THERE SHOULD BE A
NOTICE OF DEFAULT.
PAGE EIGHTEEN - CITY COiJNCYL MYNUTE~ - JOLY 270 1993
Mayor Washburn stated that staff has be2n working with CR & R
regarding the deficiencies and asked Mr. Fahrion if he could
comply. Mr. Fahrion stated that he will meet with staff by
Friday with a detailed specific plan including all the items
of concern addressede
THE FOREGOING MOTION CARRIED BY iJNANYMOUS VOTE OF THOSE PRESENT.
PIIBLYC COMMENTS - NON-AGENDYZED YTEMS
Deferred to Redevelopment Agency Meeting with concurrence of the
City Council.
CITY MANAGER COMMENTS
Deferred to Redevelopment Agency Meeting with concurrence of the
City Councilo
CIT7f COIINCIL COMMENTS
Deferred to Redevelopment Agency Meeting with concurrence of the
City Council.
THE CITY COUNCIL MEETING WAS RECESSED AT 8:00 P.M.
THE CITY COUNCIL MEETING WAS RECONVENED AT 8:59 P.M.
CLOSED SESSION
THE CITY COUNCIL MEETING WAS ADJOURNED TO P, JOINT CLOSED SESSION
WITF% THE REDEVELOPMENT AGENCY TO DISCUSS REAL PROPERTY
NEGOTIATIONS.
THE CITY COUNCIL MEETING WAS RECONVENED AT 10:19 P.M. NO ACT%ON
TAKEN.
ADJOIIRNMEN'i'
MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNAN%MOUS
VOTE OF THOSE PRESENT TO ADJOURN THE REGIILAR CITY COUNCIL MEETYNG
AT 10:20 P.M. TO THURSDAY, AUGUST 5, 1993, AT 2:00 P.rii. %N THE
BOARD ROOM OF ELSINORE VALLEY MUNYCIPAL WATER DISTRICT, 31315
CHANEY STREET, LAKE ELSINORE.
k1 TES'r r
, ~~~
T~'~dASAD, CI'lY CLERK
CITY OF LAKE EF,SINORE
~ uV~J/UllV "~
GA~ M. WASHBURN, MAYOR
CI OF LAKE ELSINORE