HomeMy WebLinkAbout09-28-1993 City Council MinutesMINOTES
REGIILAR CITY COUNCIL MEETING
CITY OF LARE ELSINORE
31315 CHANEY STREET
LARE ELSINORE~ CALIFORNIA
TIIEBDAY~ SEPTEMBER 28~ 1993
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor
Washburn at 7:05 p.m.
PLEDGE OF ALLSGIANCE
The Pledge of Allegiance was led by Mayor Washburn.
ROLL CALL
PRESENT: COUNCILMEMBERS: CAERVENY, DOMINGUEZ, WINKLER,
WASHBURN
ABSENT: COUNCILMEMBERS: ALONGI
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
City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
A. Presentation - International Downtown Association - Special
Merit Award. (F:56.1)
City Manager Molendyk announced the receipt of this award by
the City of Lake Elsinore and noted the recent major efforts
to improve the downtown area. He further noted that the
marketing video for the downtown area was to the best of his
knowledge the first of its kind. A video detailing the
program which achieved the award for the City of Lake
Elsinore's and those of other winners was shown. Mr. Molendyk
noted that the City of Lake Elsinore was the smallest city
qualifying for this competition. He showed the plaque
received and thanked King Videocable, Ballew & Associates and
Assistant City Manager Rogers for their efforts on triis video.
B. Lake Update. (F:92.1)
City Manager Molendyk noted that proqress in clearing the
algae had been seen for a while, however the Lake was now
green again. He requested an update from the contractor
treating the Lake.
Bob Allard, representing Brach & Allard, advised that they
have seen a complete lake turnover with the bottom rising to
the top. He explained the impact of temperatures and
accumulated materials on the bottom of the Lake on the alqae
being seen. He further explained that although the color of
the Lake is unpleasant, progress is being seen. He detailed
the treatment done with approximately 75,000 pounds of micro-
PAGE TWO - CITY COIINCIL MINOTES - SEPTEMHER 28~ 1993
organisms to date. He noted the remaining problem areas and
the further treatment which will occur.
City Manager Molendyk noted previous comments that the Lake
should be cleared up in 90 days and questioned the reason for
the remaining problems. Mr. Allard explained that the trees
which are under water at the west end of the lake have some
impact on the problem. He further explained that the product
has been altered since the process began and appears to be
clearing the problem.
Mayor Washburn questioned the "shiny" layer along the
shoreline. Mr. Allard indicated that layer was planktonic
algae and filamentous algae which becomes shiny as it dies
out. Mayor Washburn inquired how long this would last and the
impact on the color of the water. Mr. Allard indicated that
the coloring of the lake will continue for a while, and the
shiny layer will dissipate in a week to a week and a half. He
advised that a planktonic bloom will be seen as each major
layer in the Lake bottom soil is attacked.
Councilwoman Cherveny inquired what the difference between the
natural pattern and the use of the product is, in that similar
clearing of the Lake is seen annually without the product.
Mr. Allard indicated that under normal circumstances this
problem would have included a major fish kill, which has not
been the case this year. He explained that this change was
due to the increased levels of dissolved oxygen, up to a
rating of approximately 12~, which is currently present in the
Lake. Councilwoman Cherveny questioned the oxygen levels at
which fish kills occur. Mr. Allard indicated that fish die
offs generally occur when there is around 2~, with 4 to 5~
being adequate for fish survival.
Mr. Allard commented that some blue is appearing along the
edge of the Lake which is caused by the continued impact of
copper sulfate on the Lake. City Manager Molendyk requested
clarification that this copper sulfate was a build-up rather
than new application. Mr. Allard concurred that this was a
result of previous public and private attempts to resolve the
problem. He also noted that a major assistance to clearing
the Lake would be an outflow. He suggested the potential for
use of aeration, however noted that it is cost prohibitive.
City Manager Molendyk suggested that the Council might want a
workshop on the Lake for an update in the next few weeks.
Mayor Washburn expressed hope for an improved situation next
year with this headstart on the problem.
R.B. Jones-Grubbs, representing the manufacturer of the
product used on the Lake, noted that this effort has shown how
well the residues from a long period of time are being
mitigated. He stressed the work of this product to draw the
impurities out of the soil on the bottom of the Lake. He
suqgested that this treatment continue throuqhout the winter
to assure a clearer lake next year.
Mayor Washburn indicated that Council would schedule a
workshop.
C. Stadium Update. (F:134.10)
PAGE THREE - CITY COIINCIL MIN[JTES - SEPTEMBER 28~ 1993
City Manager Molendyk noted
and the Team representatives
season tickets sold to date.
D. Williams Lawsuit. (F:52.2)
that the Stadium is on schedule
are pleased with the nuraber of
Mayor Washburn noted that the Williams lawsuit had been heard
by the Court this date and requested an update from City
Attorney Harper.
City Attorney Harper confirmed that this matter had gone
before the Judge as an effort to block the Walmart project.
He advised that the Court concurred with the City and Agency
and denied the Writ of Mandate requested. He further advised
that the Court found that the meetings where action was taken
were properly noticed and held; and further Mayor Washburn and
Councilman Winkler were not in conflict of interest. He noted
that the statute provides for attorney fees and he would be
discussing this with the Council in Closed Session.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address item nos. 21 and 36 of this
agenda and deferred to those discussions.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for
further discussion and consideration:
Item Nos. 4, 7, 8 and 9.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF TAE CONSENT
CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Reqular City Council Meetinq - September 14, 1993.
(F:44.4)
2. Received and ordered filed the L.E.A.F. Animal Control
Activity Report for August, 1993. (F:18.2)
3. Received and ordered filed the Investment Report for August
31, 1993. (F:12.5)
5. Approved Change Order No. 3 for Lakeshore Drive/Robb Road
Improvement Project for R.A. Ruiz Construction for a contract
reduction in the amount of $9,086.52. (F:156.2)
6. Accepted Notice of Completion for Lakeshore Drive/Robb Road
Intersection Improvements for R.A. Ruiz Construction.
(F:156.2)
ITEMS PIILLED FROM CONSENT CAI,ENDAR
4. Warrant List - Seutember 15, 1993. (F:12.3)
Councilwoman Cherveny commented on the warrant list and her
discussions with several contractors. She suggested use of
local contractors where possible. City Manager Molendyk
cammented ~Yaat lo~al contractors are used. He advised that ~
PAGE FOUR - CITY COUNCIL MIN[JTES - BEPTEMSER 28~ 1993
both Edmundson and MBC had done work for the City. He further
advised that staff does go out and solicit bids. He noted
that durinq the storms earlier this year extensive amount of
work was done and much of the work was contracted on the basis
of who could respond with the necessary equipment on short
notice. He stressed that many times local contractors are not
able to meet the necessary time frames. He suggested that
interested local contractors contact the Public Services
Director and notify him of there interest in providing
services.
Mayor Washburn noted that the intent of the public bidding
process is to offer an equal opportunity to bid.
Councilman Winkler commented that he keeps hearing about use
of local people and indicated that it sounds like a type of
"cronyism". He stressed the purpose of the public bidding
process.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST AS PRESENTED.
7.
CFD 88-3. (F:22.3)
City Clerk Kasad indicated that this item should be pulled
from the agenda.
MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO PULL THIS ITEM FROM THE AGENDA UNTIL
FURTHER NOTICE.
8. Rejection of Bids for the Summerhill Drive Walkway (Del
Pizzoli to Ponte Russo). (F:146.1)
Councilwoman Cherveny indicated that she had driven through
this area and was not sure it had truly been bladed off. She
suggested that further consideration be given to this project
because the only options for the children are to walk in the
street or in the mud when it rains. She further suggested
that this was a safety issue and questioned the ability to
gain reimbursement from the developer. City Attorney Harper
indicated that reimbursement could not be obtained.
Mayor Washburn indicated he too had visited this area, and
suggested placement of sand or other material in the area to
smooth out the rough spots.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF
3 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI ABSENT
TO REJECT ALL BIDS FOR TAE SUMMERHILL DRIVE WALKWAY FROM DEL
PIZZOLI TO PONTE RUSSO.
9. Ayreement for Archaeoloaical Work. (F:68.1)
Councilwoman Cherveny questioned the cost difference for use
of a 4 wheel drive vehicle vs. a 2 wheel drive vehicle. She
further questioned the necessity of a 4 wheel drive vehicle
for the work location. City Manager Molendyk indicated that
most vehicles used by the archaeologists are 4 wheel drive,
and those are based on a cost of $.35 per mile.
PAGE FIVE - CITY COIINCIL MINQTES - SEPTEMHER 28~ 1993
Councilwoman Cherveny questioned the cost difference. Mr.
Molendyk indicated that he was not aware or the cost
difference, however that was the way the project was bid.
Mayor washburn noted a letter received from Larry Myers,
Executive Secretary, Native American Heritage Commission
relating to the handling of bones and read the following
excerpt from that letter:
"I was confused as to what the involvement of Penny Baker
and Robert Vermillion had with the site initially and
what prompted them to invite archaeologists to the site.
Were they representatives of the property owner? It also
is not clear who removed the bones from the site. Mr.
Bruce Love, mentioned as one of the archaeologist, is
well aware of the Codes and the proper procedures to
follow involving the discovery of remains and the
documentation and recording of finds. Records in this
office do not indicate that Paul Price is an
archaeologist.
Regarding your questions about trespassing and removal of
remains (if they are human) I would suggested that you
immediately discuss these questions with your District
Attorney.°
Mayor Washburn explained that this agreement was for areas not
covered by the Corps. of Engineers work underway.
City Attorney Harper advised that action is being pursued as
suggested in the letter read by Mayor Washburn.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY-AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITA STATISTICAL
RESEARCH AS PRESENTED.
PIIBLIC HEARINGS
21.
~rracc riap aisli - wescern ueserc corporacion. xesolucion
93-59. (F:20.2)(X:172.2)(X:160.2)
City Planner Leslie detailed the site which a proposal for a
135 lot subdivision of single-family homes and an annexation
to the City. Ae noted that there is additional area
surrounding the project to the west and north that is also
proposed to be prezoned, but not actually annexed at this
time. Mr. Leslie presented an exhibit which outlined the
annexation and surrounding areas. He noted the conditions
proposed and the modification of aliqnment on Grand Avenue.
Mayor Washburn then asked for the applicant to speak.
Steve Parry, Hamilton Consulting, 3397 Silva Road, STE 320,
Dana Point, explained that Hamilton Consulting is representing
the project as the Project Manager for Western Desert
Properties. He stated that they are in general agreement with
the proposed conditions except for one. Mr. Parry explained
that the issue of realignment of access from Grand Avenue is
acceptable as newly proposed or originally proposed. He
requested modification of Condition No. 74 to read: If
PAGE SI% - CITY COUNCIL MINOTES - SEPTEMBER 30~ 1993
building permits are not issued within 90 days of approval of
this tentative map, the site shall be subject to dust control
methods as approved by the City Enqineer. He stated that this
would be consistent with other projects approved by Council
and meets the requirements of the Planning Commission. He
stated that he and his staff would be available for further
questions.
Mayor.Washburn opened the public hearing at 7:50 p.m. and
asked those persons requesting to speak to come forward as
called. The following persons spoke:
David Buchanan, 30881 Plumas Street, spoke in opposition to
the project and presented an exhibit showing by color
designation, how many people are opposed to the project from
the surrounding areas. He noted that the original development
approved by the County was for 98 homes, which would have been
consistent with the surrounding area. He explained that this
project, along with Laguna Heights project will have an
adverse effect on Public Safety and services provided to the
area.
Jeanie Archer, 15271 Alvarado Street, spoke in opposition to
the project and explained that she felt that she and her
neighbors were under attack because she feels the developer
was trying to change their lifestyle. She pointed out that
livestock produces noise seven days a week, flies can not be
stopped, and the safety of children who are not used to
livestock and move into the new tract and the danger to the
livestock from new residents. Mrs. Archer explained that she
felt that the 98 homes would be more acceptable and in
conformance with the surrounding area and that-higher density
for profit would just create more problems.
Donna Bejarano, 32831 Magdaleno Court, spoke in opposition to
the project and expressed concern regarding drainage and
potential flood waters. She stated that there are several
problems which exist and explained the proposed drainage which
takes a ninety degree turn into a dirt channel and noted the
possibility of a silting problem along with the flooding.
Richard Bejarano, 32831 Magdaleno Court, spoke in opposition
to the project and explained that the 98 lots proposed to the
County was a compromise at that time. Ae further explained
that he understands that the proposal for 135 homes is done
due to economics, but he stated that if the economics do
improve it will still consist of 135 homes instead of 98
homes.
Ace Vallejos, 15231 Cobre Street, spoke in opposition to the
project and e~lained that he felt his area was being forced
into an annexation by the City and encouraged residents
opposed to annexation to notify LAFCO of their concerns. He
asked why the City was trying to prevent the majority of
homeowners from voting on the annexation. Mr. Vallejos read
a letter questioning the potential change in the quality of
life for existing residents, as well as inferior police
services should this annexation be approved.
Allan Kniqht, 30570 Brookstone, spoke in opposition to the
project and read portions of the LAFCO rules and regulations
PAGE SEVEN - CITY COIINCIL MINIITES - SEPTEMBER 28, 1993
regarding annexation, and questioned the compliance of the
developer to these rules and regulations. Mr. Knight stated
that the developer increased the density from 98 to 135 homes
due to the excess cost for drainage improvements. He
explained that it is only an increase of $5,000 per residence
and rie felt that the d'rainage issue was just an excuse to
increase the number of lots. He noted that it was requested
of the developer to design an equestrian community and make it
compatible to the surrounding area and developer declined to
do so.
Ed Schultz, 15003 Eureka Street, spoke in opposition to the
project and stated that he does not want to be a part of the
City and feels that there would be no benefit to himself or
his neighborhood. He indicated that the project will block
his view and reduce the quality of public safety services.
Mayor Washburn then asked if any other persons would like to
speak in regard to the project. Hearing none the Mayor called
upon Mr..Parry, Project Manager, to respond to some of the
concerns presented to Council.
Mr. Parry stated that he would like to address the issues
regarding lot size, equestrian use, flood control and traffic.
Mr. Parry explained an exhibit of the perimeter of the
property and explained one of the concerns of the surrounding
property owners was the compatibility of use and lot size. He
stated that they had modified the tract map to make lots which
are adjacent to the other developments larger, to conform and
make a buffer and he felt that this would answer the concern
by making them compatible to adjacent lots. Mr. Parry then
explained equestrian use adjacent to the project and noted
that there is no equestrian use in the project. He clarified
that the prezoning does accept equestrian use and he stated
that the project is compatible with the Regional Trail system.
Fred Crowe, Keith Companies, Project Engineer, explained that
the trail next to the sidewalk is a multi-use trail and is
connected to the Regional Trail system and,_meets all
requirements. Mr. Crowe then gave an overview of the Trail
system.
Mayor Washburn asked what standard was required of 888
Development. City Planner Leslie explained that the trail is
as narrow as 10 feet and gets wider in some areas.
Steve Parry explained the cost of the project and noted that
it does not increase taxes. He then addressed flood control
and explained that the project has been conditioned to address
substantial off-site drainage. Mr. Crowe explained the
improvements which the project will install and explained that
the cost of the drainage will be absorbed by the developer for
the section from Machado to the Lake. Mr. Crowe explained
that although it is set up for reimbursement, it would happen
at the time of future development; and the area from Machado
to the Lake looks as though it will be quite some time before
there is building to reimburse the developer, therefore the
developer will bear the entire cost of the drainage
improvements.
Councilwoman Cherveny asked how long the earthen channel is.
PAGE EIGHT - CITY COIINCIL MIN[JTES -.SEPTEMBER 30~ 1993
Mr. Crowe stated that it is approximately 500 feet and was
built by Woodhaven prior to the new requlations. He stated
that there have always been problems with the channel, and
eventually Riverside County Flood Control will have to address
them. Mr. Parry clarified that this project will not only
handle the flows of the project itself, but it will be
accepting water from off-site. He further clarified that this
will improve the flooding situation in the surrounding areas
and not increase the problems.
Steve Parry then addressed the traffic concerns and explained
that there were two streets in the adjoining tract that were
not cul-de-sacs, and were always intended to connect to the
next area of development. He advised that these streets have
been developed to accept the amount of traffic proposed. He
explained that if Council prefers, they will use the alternate
entry from Grand Avenue.
Councilman Dominguez asked Mr. Parry about creating an island
with the annexation. Mr. Parry presented an exhibit of the
proposed annexation and stated that he did not see an island
problem.
Al1an Knight, 30570 Brookstone, clarified that on one end of
the project near Machado, there is a small strip of land
between two City limit lines.
Ace Vallejos, 15231 Cobre Street, stated that if this project
is annexed his back fence is the City limits and expressed
concern that all of the lots in his tract are three-quarters
of an acre to one acre lots and that is not compatible to what
is proposed.
Terry Spear, 2651 Payne Street, stated that on Eureka Street
there are a large number of children who play in the street
and traffic is a danger to those children.
Mayor Washburn asked if anyone else would like to speak in
regard to the project. Hearing no one the public hearinq was
closed at:8:35 p.m.
Mayor Washburn asked if the lots adjacent to the adjoining
tract would meet the buffer requirements. Mr. Parry stated
that they will.
Mayor Washburn then questioned lots 6 through 28 that come up
to the rear of other ownership rights and the toe of the slope
raises up to a pad level impacting visual access, and he
requested confirmation that open fencing would be used so that
the view was not obstructed. He then questioned the
maintenance of the upper slope and whether there would be CC
& R's to support maintenance. Mr. Parry explained the
concerns of the maintenance of slopes have been discussed and
there is an agreement to set up a maintenance agreement as
detailed in Condition No. 8.
Councilman Dominguez questioned the equestrian trails. Mr.
Crowe explained that the way they are conditioned, it is to be
used as a multi-purpose trail and fits the location that is
requested by the County for the Equestrian Trail System.
Councilman Winkler asked if the flood control plans within
PAGE NINE - CITY COUNCIL MINQTES - SEPTEMHER 30~ 1993
this project were provided for in the County approval.
Councilman Winkler asked about the fencing used to prevent the
blocking of views. Mr. Crowe explained that the Planning
Commission and the adjacent property owners had concerns
regarding the blockage of view and the way it is conditioned
so the fencing will come back to Design Review for approval.
He further explained that the height and amount of privacy are
issues which will be taken into account at the time of Design
Review.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ACCEPT STAFF RECOMMENDATION TO ADOPT
MITIGATED NEGATIVE DECLARATION 93-7; ADOPT RESOLUTION NO. 93-59 FOR
THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE
ELSINORE ANNEXATION NO. 65j APPROVE ZONE CHANGE 92-6 AND TENTATIVE
TRACT MAP 2~317 BASED ON THE FSNDINGS AND CONDITIONS WITH AMENDMENT
TO CONDITION NO. 74 AS REQUESTED; AND APPROVED ALTERNATE ACCESS
FROM GRAND AVENUE AS SUGGESTED.
RESOLUTION NO. 93-59
A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF LAKE ELSINORE,
CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO
ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN INHABITED TERRITORY
DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 65 - WESTERN
DESERT CORP."
ORDINANCE NO. 966
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, PREZONING 346 ACRES TO 116 ACRES OF R-A
RESIDENTIAL HILLSIDE AND 230 ACRES OF R-A RESIDENTIAL
AGRICULTURAL, LOCATED NORTH AND EAST OF GRAND AVENUE, WEST OF
THE INTERSECTION OF MACHADO STREET (ZONE CHANGE 92-6 - WESTERN
DESERT CORPORATION.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER,
WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALONGI
ABSTAIN: COUNCILMEMBERS: NONE
Findings - Annexation No. 65
1. The proposed annexation area is entirely within the
City~s Sphere of Influence.
2. The proposed annexation area is contiguous to the
City of Lake Elsinore.
3. The project will not result in any significant
adverse impacts on the environment.
Findinas - Zone Chanqe 92-6
1. This project is consistent with the Goals, Policies
and Objectives of the General Plan.
PAGE TEN - CITY COIINCIL MIN[TTES - SEPTEMBER 28~ 1993
2. This zone change establishes the necessary pre-
zoning for this site.
3. This request will not result in any significant
adverse impacts on the environment.
Findinqs - Tentative Tract Man 27317
1. The proposed Subdivision, together with the
provisions for its design and improvement, is
consistent with the General Plan. The proposed
subdivisions is compatible with the objectives,
policies, general land uses and programs specified
in the General Plan and any applicable Specific
Plan. (Government Code Section 66473.5).
2. The effects this project is likely to have upon the
housing needs of the region against the public
service needs of its residents and available fiscal
and environmental resources have been considered
and balanced (Government Code Section 66412.3).
3. The design of the subdivision provides to the
greatest extent feasible, for future passive or
natural heating or cooling opportunities in the
subdivision. (Government Code Section 66473.1).
4. Based on indications from the Elsinore Valley
Municipal Water District (EVMWD) it has been
determined that the discharqe of waste from the
proposed subdivision into the existing sewer system
should 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).
Plannina Divisions Conditions
1. Tentative Tract Map 27317 will expire two (2) years
from date of approval unless an extension of time
is granted by the City of Lake Elsinore City
Council in accordance with the Subdivision Map Act.
2. Tentative Tract Map 27317 is approved subject to
the approval of Annexation 65 by LAFCO and ZC 92-6.
3. The Tentative Tract Map shall comply with the State
of California Subdivision Map Act and shall Comply
with all applicable requirements of the Lake
Elsinore Municipal Code, Title 16 unless modified
by the Conditions of Approval.
4. The August 1993 version of Tentative Tract Map
27317 and the associated environmental document
Mitigated Negative Declaration 93-7 shall be
revised to incorporate any corrections and
revisions and any typographical errors subsequent
to their approval. A final version of the map and
Neg. Dec. Shall be submitted for review and
approval by the Community Development Director or
his designee within 30-days of approval by the City
PAGE ELEVEN - CITY COIINCIL MINUTES - SEPTEMBER 28~ 1993
Council. No permit shall be issued until final
administrative approval of the Tentative Map and
Neg. Dec. by the Community Development Director or
his designee.
5. Developer shall comply with all mitigation measures
established within the Mitigation Monitoring
Program for Mitigated Negative Declaration 93-7.
Prior to Final Tract Map approval by the City
Council, all lots within this subdivision shall
conform to the minimum dimensional standards of the
R-H Zoning District.
A precise survey with closures for boundaries and
all lots shall be provided, per City Ordinance.
8. The developer shall establish a Homeowners
Association (AOA) and record associated CC & R's to
, manage and impose fees to maintain all slope or
common areas, open space, private drainage
facilities, firebreaks, habitat areas, private
recreational facilities and grounds, private
streets and any other common amenities.
Specifically, the HOA shall also have the
responsibility of maintaining the slopes within the
rear portion of the lots along the project~s
eastern boundary (lots 11 through 28). The HOA
shall be established subject to current State laws
and be subject to the approval of the City Attorney
and Community Development 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 tot he Homeowners
Association. CC & R's shall be approved prior to
final map approval.
9. CC & R's shall also include verbiage prohibiting
on-street storage of boats, motorhomes, trailers
and trucks over one (1) ton capacity. CC & R's
shall also include screening any qround base
satellite dish and no roof-mounted or front yard
disk shall be allowed.
10. An open space plan shall delineate areas to be
within homeowners' association easements and other
maintenance responsibilities and shall be approved
by the Community Development Manager and the
Community Services Director.
11. All open space and slopes outside the public right-
of-way shall be owned and maintained by either the
master home owners' association or private owners.
The slopes within the rear portion of lots 11
through 28 shall be maintained by the homeowners
association. All open space areas owned by the
homeowners' association shall be offered for
irrevocable dedication to the City. Maintenance
responsibilities shall be further defined per the
provisions of Condition #8 above.
PAGE TWELVE - CITY COIINCIL MINIITEB - SEPTEMBER 28~ 1993
12. Slopes on individual lots that are in excess of
three-feet (3') in height shall be landscaped and
irrigation shall be installed by the developer.
13. House plotting, architectural drawings, floor
plans, landscaping and fences/walls shall require
Minor Design Review approval prior to issuance of
building permits. All standards of development and
procedural steps in effect at the Minor Design
Review submittal shall apply for this project.
14. A masonry or decorative block wall shall be
constructed along the entire tract boundary. In
situations where views are to be considered a
combination of wrought iron and block may be used
subject to the approval of the Community
Development Manager or his designee. All other
fencing shall be provided subject to Section
17.14.130D within the Lake Elsinore Zoning
Ordinance. A wall and/or fencing plan shall be
developed which designated where the various
fencing types are to be located, i.e., decorative
masonry, or a combination wrought iron and
decorative masonry prior to Design Review approval.
Lots 11 through 28 shall have fencing at the top of
the slopes. This fencing shall be constructed of
masonry, decorative block, wrought iron or a
combination of'these materials. Wrought iron shall
be sued where views towards the mountains from the
properties down slope and to the east will be
obstructed.
15. Any alterations to the topography, ground surface,
or any other site preparation activity will require
the appropriate recommendations City permits. A
Geologic Soils Report with associated
recommendations will be required for grading permit
approval, and all grading must meet the City's
Grading Ordinance, subject to the approval of the
Chief Building Official and Planning Division.
Interim and permanent erosion control measures are
required. The applicant shall bond 100~ for
material and labor for one (1) year for erosion
control landscaping at the time the site is rough
graded.
16. Any manufactured slopes higher than 30 feet shall
be contour graded. Any slopes steeper than 2;1
must be accompanied by a geotechnical report
approved by a registered engineer.
17. The grade for local streets shall generally not
exceed nine percent (9~) with the exception that
grades up to a maximum of fifteen percent (15~)
will be considered because of design constraints
with the approval of the City Engineer.
18. Drainage structures required on large slopes shall
be desiqned to avoid an angular layout or rigid
geometric patterns.
19. Applicant shall dedicate`and construct a multi-
PAGE THIRTEEN - CITY COIINCIL MINUTES - SEPTEMBER 28, 1993
purpose trail along Grand Avenue for the purpose of
tying into the Riverside County Regional Equestrian
Trail system subject to the approval of the
Community Development Manager or his designee. The
trail shall be built to current County standards.
20. The City's Noise Ordinance must be met during all
site preparation activity.
21. Street names within the subdivision shall be
approved by the Planning Division.
22. Comply with all conditions of the Riverside County
Fire Department includinq: A) all access easements
to open space for fire equipment must be approved
prior to final map approval, and B) all required
fire protection facilities that are to be provided
must be submitted in writing to Riverside County
Fire Department.
23. Applicant must meet all requirements of Elsinore
Valley Municipal Water District (EVMWD).
24. 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.
25. 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
he City and shall be installed in accordance with
the City Standards.
26. Developer shall participate in the City of Lake
Elsinore City-wide Landscapinq and Street Lighting
District pursuant to Resolution 88-27. Annexation
to the City's Landscaping and Lighting District is
required prior to approval of the Final Tract Map.
27. Prior to final map approval of TTM 27317, applicant
shall have entered into a school impact mitigation
agreement with the Lake Elsinore Unified School
District. The City shall have considered the
adequacy of the school facilities or available
means of financing school facilities to meet the
needs and demand of new development proposed in
such tentative map to be approved by the City.
28. Meet all requirements of Southern California Gas
Company.
29. Meet all requirements of General Telephone.
30. All trailers and/or mobile homes used during
construction, mailboxes and signage shall be
PAGE FOURTEEN - CZTY COUNCIL MINUTES - SEPTEMBER 28~ 1993
subject to Planning Division review and approval
prior to installation.
31. Prior to issuance of any gradinq permit or building
permit, subdivider shall sign and complete and
"Acknowledgment of Conditions" and shall return the
executed original to the Community Development
Department.
32. Pay all applicable City fees in force at the time
(includinq park in lieu fees), prior to the
issuance of building permits.
33. Lots 44 through 57 shall be constructed with one-
story structures and/or with architectural features
that preserve the views of the houses on the
adjacent lots to the west.
33a. The placement of lots il through 18 on the August
1993 version of TTM 27317 shall be adjusted so that
none of the lots within the existing adjacent tract
to the east will have more than two lots bordering
them.
33b.-A statement of acknowledgement disclosing that all
properties adjacent to the north, northeast, and
west have zoning designations which permit the
keeping of livestock as an accessory use shall be
presented and signed by all perspective home owners
within this tract at the time of sale (prior to the
close of escrow).
Engineerinq Department Conditions
34. 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.
35. Dedicate underground water rights to the City
(Municipal Code, Title 16, Chapter 16.52.030).
36. Pay all Capital Improvement and Plan Check fees
(Municipal Code, Title 16, Chapter 16.34;
Resolution No. 85-26).
37. Submit a letter of verification (will-serve) to the
City Engineering Department, from the applicable
water district, stating water and sewer
arrangements have been made for this project and
all sewer and water easements shall be secured
prior to final map approval.
38. 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 approval of final map (Lake
Elsinore Municipal Code 16.34).
39. Street improvement plans and specifications shall
be prepared by a Civil Engineer. Improvements
PAGE FIFTEEN - CITY COiJNCZL MINQTES - SEPTEMBER 28~ 1993
shall be designed and constructed to Riverside
County Road Department Standards, latest edition,
and City Code, (Lake Elsinore Municipal Code 12.04
and 16.34).
40. Provide street lighting and show lighting
improveraents on street improvement plans as
required by the City Engineer.
41. Enter into a subdivision agreement with the City
for Public Works improvements and post appropriate
bonds.
42. Pay all fees and meet requirements of encroachment
permit issued by the Engineering Department for
construction of off-site public works improvements
(Municipal Code, Title 12, Chapter 12.08 and
Resolution 83-78). All fees and requirements for
encroachment permit shall be fulfilled before
Certification of Occupancy.
43. All compaction reports, grade certification,
monument certification (with tie-notes delineated
on 8 1/2" x il" mylar) shall be submitted to
Engineering Department before final inspection of
off-site improvements will be scheduled and
approved.
44. Applicant shall obtain all necessary off-site
easements for off-site grading from the adjacent
property owners prior to final map approval.
45. Provide fire protection facilities as required by
Riverside County Fire.
46. Provide Soils, Geology and Seismic Reports
including street design recommendations. Provide
final Soils Report showing compliance with
preliminary and finish grade certification.
47. All utilities except electrical over 12 kv shall be
placed underground, as approved by serving utility.
48. All improvement plans and tracts shall be
digitized. At Certificate of Occupancy applicant
shall submit tapes and/or discs which are
compatible with the City's ARC/INFO GIS or
developer shall pay $1,000.00 per sheet for City
digitizing.
49. Developer shall provide "No Parkinq" and Street
Sweeping Signs for streets within tract or pay a
fee for installation by the City.
50. Developer shall install blue reflective pavement
markers in the street at all fire hydrant
locations.
51. Developer shall be subject to all Master Planned
drainage fees and will receive credit for all
Master Planned drainage facilities construction.
PAGE SISTEEN'- CZTY COONCIL MINIITES - SEPTEMBER 28~ 1993
52. If grading exceeds 50 cubic yards, grading plans
shall be prepared by Civil Engineer and approved
prior to final map approval. Prior to any grading,
applicant shall obtain a grading permit and post
appropriate security.
53. The owner shall provide the City with proof of his
having filed a Notice of Intent with the Regional
Water Quality Control Board for the National
Pollutant Discharge Elimination System (NPDES) with
a storm water pollution prevention plan prior to
issuance of grading permits.
54. Internal streets shall be improved within the
dedicated right-of -way in accordance with County
Standard No. 104, Section A. (40~/60').
55. A. Grand Avenue shall be improved with concrete
curb and gutter located 38 feet from centerline and
match up asphalt concrete paving; reconstruction;
or resurfacinq of existing pavinq as determined by
the Road Commissioner and the City within a 50 feet
half width dedicated right-of-way (38'/50').
B. Grand Avenue (off-site) between Machado Street
and the southwesterly project boundary shall be
reconstructed and widened to a minimum of 32 feet
A.C. paving at a grade and alignment as approved by
the Road Commissioner.
56. Improvement plans shall be based upon a centerline
profile extending a minimum of 300 feet beyond the
project boundaries at a grade and alignment as
approved by the Riverside County Road Commissioner
and the City.
57. All private and public entrances and/or
intersections opposite this project shall be
coordinated with this project and shown on the
street improvement plans.
58. A striping plan is required for Grand Avenue. The
removal of the existing striping and restriping
shall be the responsibility of the applicant.
59. The developer shall deposit with the Engineering
Department, a cash sum of $150.00 per lot as
mitigation for traffic signal impacts.
60. Lot access shall be restricted on Grand Avenue and
so noted on the final map.
61. The subdivider shall protect downstream properties
from damages caused by alteration of the drainage
patterns, i.e. concentration of diversion of flow.
Protection shall be provided by construction of
adequate drainage facilities including enlarging
existing facilities and/or by securing a drainage
easement, All drainage easements shall be shown on
he final map and noted as follows: "Drainage
Easement '- no building, obstructions, or
encroachments by land fills are allowed".
PAGE SEVENTEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993
62. The subdivider shall accept and properly dispose of
all off-site drainaqe flowing onto or through the
site. Should the quantities exceed the street
capacity or the use of streets be prohibited for
drainage purposes, the subdivider shall provide
adequate drainage facilities as approved by the
Road Department and the City Engineer.
63. This tract is located within the limits of the West
Elsinore Area Drainaqe Plan for which drainage fees
have been adopted by the County.
64. Prior to initiation of the final construction
drawings for those facilities required to be build
as part of the West Elsinore Area Drainage Plan.
The developer should contact the Riverside County
Flood Control and Water Conservation Districts to
ascertain the terms and conditions of design,
construction, inspection, transfer of rights-of-
way, project credit in lieu of fees and
reimbursement schedules which may apply. Title
reports and title insurance must be provided for
all right-of-way to be transferred to the District.
The developer should note that if the estimated
cost for required drainage fees and the developer
wishes to receive credit for reimbursement in
excess of his fees, the facilities will be
constructed as a public works contract. Scheduling
for construction of these facilities will be at the
discretion of the District.
65. Line "A-1" of the West Elsinore Area Drainage Plan
should be constructed from Grand Avenue to its
- junction with the proposed Line "A" of the West
Elsinore Area Drainage Plan. Adequate inlet and
outlet structures should be provided.
66. The Marina Channel shall be extended from Machado
Avenue downstream approximately 2000 feet to the
existing concrete lined channel maintained by the
Riverside county Flood Control District, prior to
construction of any unit of Tract 27317. Since
this reach of required improvements is one of the
projects which will eventually be funded by the
Zone 3, Benefit Assessment Flood Control Bond
Issue, the developer should plan to execute an
agreement with the District to front its
construction costs that are in excess of his Area
Drainage Fee obligations, with payback via proceeds
from the bond issue program over a 3-year period;
the payback to be anticipated in equal annual non-
interest bearing amounts initiated 5 years after
the tract is approved.
67. On site drainage facilities located outside of road
right-of-way should be contained within drainage
easements shown on the.final map.
68. Off-site drainage facilities should be located
within publicly dedicated drainage easements
obtained from the affected property owner(s). The
document(s) should be recorded and a copy submitted
to the District prior to recordation of the final
map.
PAGE EIGHTEEN - CITY COIINCIL MINOTES - SEPTEMBER 28~ 1993
69. All lots should be graded to drain to the adjacent
street or an adequate outlet.
70. 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, additional
drainage facilit;es should be installed.
71. Drainage facilities outletting sump conditions
should be designed to convey the tributary 100-year
storm flows. Additional emergency escape should
also be provided.
72. A copy of the improvement plans, grading plans and
final map along with supporting hydrologic and
hydraulic calculations should be submitted to the
District and the City for review and approval prior
to recordation of the final map. Gradinq plans
should be approved prior to issuance of grading
permits. A registered engineer must sign, seal and
note his expiration date on plans and calculations
submitted.
73. The developer, the City and the Riverside county
Flood Control District shall enter into an
agreement establishing the responsibility for
design, construction, inspection, transfer of
right-of-way and maintenance for storm drain
facilities prior to final map approval.. All
drainage facilities must be constructed and be
operational prior to the issuance, of the first
certificate of occupancy.
74. If building permits are not issued within 90 days
of approval of this tentative map, the site shall
be subject to dust control methods as approved by
the City Engineer.
75. Construction traffie shall be limited to Grand
Avenue and prohibited from using Golondrina and
Eureka Streets. Prior to the commencement of
construction, the developer shall meet with the
Lake Elsinore Unified School District and City
staff (Planning and Engineering_ to determine if
school pedestrians destined to and from Withrow
School will be impacted. If it is determined that
the school children will be impacted, appropriate
mitiqation shall be developed which may include the
provision of a crossing quard at the expense of the
developer.
76. All existing streets which undergo any trenching or
underground w~rk associated with this project shall
be repaved curb to curb, at the completion of the
work subject to,the approval of the City Engineer
or his designee.
22. Determination of Vicious Doa - 224 Broadwav. (F:18.1)
City Manager Molendyk explained Eood and-Agriculture Code
PAGE NINETEEN - CITY COIINCIL MINIITES - SEPTEMBER 28~ 1993
Section 31602 which provides that the determination that a dog
is vicious and subject to impoundment. He further explained
that it allows for a petition to the Municipal Court or to the
City with jurisdiction, subject to appeal to the Municipal
Court. He also explained that a dog, owned by Mr. Luttrull,
has had a record of biting three people. He noted that it is
the recommendation of L.E.A.F., that Mr. Luttrull build a
kennel for the doq before it is returned. To date, Mr.
Luttrull has not met the conditions of L.E.A.F. and the
Council enforces the ordinance and if the dog is not kenneled
in the next two weeks, then L.E.A.F. would recommend that the
dog be destroyed.
City Attorney Harper explained that first the Council must
make the determination, based upon the evidence, that the dog
is vicious. After that determination is made then under the
statute Council determines what types of conditions will be
put on maintaining the dog.
Jean Vashall, Animal Control Officer for L.E.A.F., stated that
she has worked on this case and explained that Bruno is a male
Shar Pei Mix that is constantly at large in the neighborhood.
She commented that upon inspection of the property he cannot
be confined by the fencing provided and has bitten three
children in the last four months. She indicated that in her
opinion the dog will bite again, if given the opportunity.
She e~cplained the three dog bite incidents and what action
L.E.A.F. had taken. She recommended that the dog be confined
in a 10 X 10 foot kennel with a solid roof and concrete floor
to prevent escape; that Bruno be allowed inside the home while
under the direct supervision of a responsible adult with the
screen door locked at all times, and shall be made of a
material capable of preventing Bruno from jumping against it
and escaping; that Bruno be placed in the kennel when visitors
are present; and if Bruno is taken off the property, he should
be on a leash no longer than 6' , with a responsible adult
capable of controlling the dog.
Cecil Luttrull, 224 Broadway, the dog owner, explained that he
felt that the dog had cause for biting in one case, since the
dog had been teased by the boy and the boy did jump the fence.
He further explained that the dog is a blond Shar Pei, is not
part pit bull and is a loving dog, but in the eveninq several
dogs do get loose and his is not the only one in the
neighborhood. He detailed the circumstances of the other two
dog bites. He stated that when his animal was retained at the
animal shelter he experienced a large loss in weight and
developed a kennel cough, as well as contracting fleas and
ticks. He further stated that since this quarantine he has
again contracted kennel cough and questioned who would pay the
vet bill.
Councilwoman Cherveny stated that Mr. Luttrull has not stated
what he will do to contain the dog, nor assured Council that
the dog will not bite again.
Cecil Luttrull stated that he will build a kennel and if there
are children in the immediate area he will be confined in the
house or in the kennel.
Councilman Winkler stated that Mr. Luttrull stated that he
PAGE TWENTY - CITY COONCIL MIN[TTES - BEPTEMSER 28~ 1993
would do what he has to do and he stated that he would take
that to mean that Mr. Luttrull would comply with all the
conditions of L.E.A.F. He asked Mr. Luttrull if he was
willing to do that. Mr. Luttrull stated that he would and
stated that his dog is a good dog.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO FIND THE DOG BRUNO, OWNED BY CECIL
LUTTRULL, 224 BROADWAY, LAKE ELSINORE, TO BE A VICIOUS DOG.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ALLOW CECIL LUTTRULL TO TAKE CUSTODY OF
BRUNO IF HE IS IN COMPLIANCE WITH THE CONDITIONS OF THE LAKE
ELSINORE ANIMAL CONTROL WITHIN THE NEXT TWO WEEKS WITH THE DOG TO
BE RETAINED IN THE ANIMAL SHELTER UNTIL THE CONDITIONS ARE MET.
Mayor Washburn asked the City Attorney if the dog is released
to the owner and escapes or is not in compliance with the
conditions, will the dog be automatically euthanized.
Councilwoman Cherveny stated that this has already been heard,
and the dog has been determined vicious and if the dog should
bite again he will be automatically euthanized..
Mr. Luttrull stated that on only one occasion the dog attacked
and he felt that the dog_had been provoked. He stated that it
was not fair to deem the dog vicious.
Councilman Winkler asked what the procedure would be if the
owner complies with the conditions and the dog escapes and
bites again.
City Attorney Harper stated that it is a Council
determination, but the three choices are as follows:
1. That if the dog escapes, he will just be returned to his
kennel.
2. That if he is at large then he will be taken into custody
and be subject to euthanasia with no secourse to Council.
3. Recourse to Council for final determination.
Councilwoman Cherveny asked that the motion be amended to
include the conditions and that action be taken should the dog
be found at large again.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO AMEND THE ORTGINAL
MOTION TO INCLUDE THE FOLLOWING CONDITIONS WITH NO RETURN TO
COUNCIL AND SHOULD THE ANIMAL BE FOUND AT LARGE, THEN IT IS
DETERMINED THAT L.E.A.F. HUMANELY DESTROY BRUNO;
1. That Bruno be kept in a 10 X 10 kennel. Said kennel
should be set in concrete to prevent digging and have a
solid roof attached to prevent escape from climbing.
Shelter shall be provided for the animals comfort from
the weather.
2. That Bruno be allowed inside the home while under the
direct supervision of a responsible adult. The screen
door shall be locked at all times and shall be made of a
PAGE TWENTY-ONE - CITY COIINCIL MINIITES - SEPTEMBER 28~ 1993
material capable of preventing Bruno from jumping against
it and escaping.
3. That Bruno be placed in the kennel when visitors are
present.
4. If Bruno is taken off the property, he should be on a
leash no longer than six feet (6') and with a responsible
adult capable of controlling said dog.
THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE.
Mayor Washburn explained that the action taken by Council is
not trying to be the judge and jury, but with the evidence
presented by L.E.A.F. it indicated that Council must take
action for the protection of the owner as well as the public.
Councilman Winkler stated that this item should not be brought
back to the table, but that any information in opposition or
in favor of Council action should be taken to L.E.A.F.
APPEAL
23.
Mayor Washburn requested clarification of the Planning
Commission's action on this item. Mr. Leslie indicated that
the Planning Commission had upheld the recent City Council
ordinance. Mayor Washburn questioned the application of that
ordinance to this situation, noting that he could understand
concerns when major thoroughfares or entrances are addressed.
Councilman Winkler reminded Council that the recent ordinance
removed the ability of the Planning Commission to allow wood
fencing.
City Mana,ger Molendyk clarified that his understanding would
be that required block wall fencing for anything which is
visible from the streets. He noted that this project involves
elevated rear yard fences which might be visible.
Councilwoman Cherveny indicated that she could understand
requiring block walls for the perimeter, but not inside the
tract. City Manager Molendyk noted that the Century Homes
project has a block wall perimeter fence, however, because of
the elevations, a number of the interior wood fences are
visible from the road. City Planner Leslie stressed that this
project is a phased development with elevated slopes.
Councilman Winkler commented on the Centex Homes and the
combination of fencing styles utilized effectively. Ae noted
that a much better job had been done at that location and they
are aesthetically pleasing. He suggested that it was
incumbent on the applicant to determine what would be visible
and how to address the views. City Planner Leslie indicated
City Manager Molendyk explained that Lewis Homes is the first
to appeal the recently adopted ordinance prohibiting the use
of wood fencing. City Planner Leslie presented photographs of
existing wood fencing in the community.
PAGE TWENTY-TWO - CITY COIINCIL MINIITES - SEPTEMSER 28~ 1993
that this could be reviewed, but much more work would be
necessary to address visibility.
Councilman Winkler stressed that the view from Railroad Canyon
Road to Century Homes is not acceptable. He requested
clarification of the request from Lewis Homes. Mr. Leslie
indicated that their request was for wood interior fences.
Mimi Ryal, representing Lewis Homes, advised that they are
excited about proceeding with the project. She further
advised that their intent is to place slump block walls on the
perimeter and lot lines on the public right of way, as well as
the front returns between houses. She explained that they
would like to place wood fences on the rear and side property
lines, which are sturdier that the standard wood fence. She
detailed the building standards for the proposed fences. She
indicated that they would be willing to provide the entire
perimeter wall as part of the first phase.
Councilman Winkler inquired what type of wall would be along
Robb Road. Ms. Ryal indicated that it would be slump block.
Mr. Winkler questioned the front yard walls. Ms. Ryal
indicated that the front fences between homes would also be
slump block.
Councilman Winkler suggested that this matter return in two
weeks with elevations and detail regarding placement and type
of walls, as well as elevations if possible. He indicated he
would go look at the pad configuration in place.
MOVED BY WINKLER, SECONDED BY WASHBURN TO CONTINUE THIS MATTER FOR
TWO WEEKS TO ALLOW MORE INFORMATION AND REVIEW.
City Planner Leslie commented on the proposal as he understood
it and noted that he was pleased with the concept of slump
block for the front yard returns. He noted that tppically
these are done in wood. He indicated that he could review and
suggest a compromise where not visible. Councilman Winkler
commented that he doesn't have a problem where the wood fences
are not visible.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT.
BIISINESS ITEMS
31.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO GRANT A 24 MONTH
EXTENSION OF TIME BASED ON THE FINDINGS AND SUBJECT TO THE
CONDITIONS PRESENTED.
Councilman Winkler inquired of City Attorney Harper regardinq
a new law in which all extensions would be for 24 months
automatically. Mr. Harper indicated that this law would not
go into effect-until January 1, 1994. .
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT.
City Manager Molendyk highlighted the staff report and
clarified that the recommendation is for a 24 month extension.
PAGE TWENTY-THREE - CITY COIINCIL MINIITES - SEPTEMBER 28~ 1993
Findincxs
1. Substantial proqress toward the development of this
Parcel Map has taken place.
2. The Project as proposed and conditioned is
consistent with the Goals, Policies, and Objectives
of the General Plan.
Plannina Division Conditions
1. Tentative Parcel Map 25717 shall expire two (2)
years from the date of approval unless extended
pursuant to State and local law or recordation of
Final Map.
2. The applicant shall comply with all mitiqation
measures as stated in Negative Declaration 89-57.
3." ,Meet all Riverside county Flood Control District
requirements.
4. All lots shall hook up to sewer.
5. Prior to Final Map the applicant shall sign and
complete the "Acknowledgment of Conditions" form
and shall return the executed original to the
Community Development Department for inclusion in
the case records.
6. DELETED.
Encrineering Deoartment Conditions
7. 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.
8. Provide in-lieu payment for future off-site
improvements on Flint Street from Lewis to Lowell
or apply for and complete the street abandonment
process on Flint Street.
9. Dedicate underqround water rights to the City
(Municipal Code, Title 16, Chapter 16.52.030).
Document can be obtained from the Engineering
Department.
10. "A" Street and Silver Street shall have a sixty
(60) foot right-of-way with forth (40) foot curb-
to-curb.
11. Pay all Capital Improvement and Plan Check fees
(Municipal Code, Title 16, Chapter 1634, Resolution
85-26) .
12. Submit a "will-serve" letter to the City
Engineering Department, from the applicable water
district, stating that water and sewer arrangements
have been made for this project. Submit this
PAGE TWENTY-FOOR - CITY COUNCIL MINUTEB - SEPTEMBER 28~ 1993
letter prior to applying for a building permit.
13. 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 (Lake Elsinore
Municipal Code 16.34).
14. Street improvement plans and specifications shall
be prepared by a City 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).
15. Pay all fees and meet requirements of encroachment
permit issued by the Engineering Department for
construction of off-site public works improvements
(Municipal Code, Title 12, Chapter 12.08,
Resolution 83-78). All requirements for
encroachment permit shall be fulfilled before
Certificate of Occupancy.
16. Provide Soils, Geology and Seismic Reports
including street design recommendation prior to
recordation of Final Map. Provide final Soils
Report showing compliance with preliminary and
finish grade certification.
17. Arrangements for relocation of utility company
facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the
property owner or his agent.
18. Provide fire protection facilities as required in
writing by Riverside County Fire Department.
19. Provide street liqhting and show lighting
improvements on street improvement plans as
required by the City Engineer.
20. Lot drainage shall.be conveyed to a public facility
or accepted by adjacent property owners by a letter
of drainage acceptance or conveyed to a drainage
easement.
21. All natural drainage traversing site shall be
conveyed through site, or provided for by a method
approved by the City Engineer.
22. Applicant shall provide all necessary off-site
easements for off-site grading from the adjacent
property owners prior to Final Map approval.
23. Submit Hydrology and hydraulic Reports for review
and approval by City Engineer prior to approvaL of
Final Map. Developer shall mitigate any flooding
and/or erosion downstream caused by development of
site and diversion of drainage.
24. Contribute $!53.00 towards the City's Master
PAGE TWENTY-FIVE - CITY COONCIL MINIITES - SEPTEMBER 28~ 1993
Entryway Sign Program.
25. Applicant shall enter into an agreement with the
City for the construction of public works
improvements and shall post the appropriate bonds.
26. Silver Street shall be improved to provide for half
street improvements plus an additional twelve (12)
feet of pavement west of centerline.
27. Developer shall contribute $3,900 towards the
design and construction of a traffic signal at the
intersection of Central and Collier. This
development will increase traffic at the
intersection at least three percent (3~) and should
contribute three percent towards construction.
28. The developer shall pay for "No Parking" and Street
Sweeping signs.
29. Applicant shall provide written approval from
Riverside County Fire Department approving street
circulation for site.
30. With the development of this site, all storm
facilities shall provide tract and downstream
property owners with l00 year storm flood
protection.
31. All tracts and engineering shall be digitized by
developer per City Standards, tapes to be provided
prior to issuance of Certificate of Occupancy. If
at the time of Certificate of Occupancy no system
has been established by the City, this condition
shall be waived, and the Developer will pay a fee
of $1,000.00 per sheet for future final tract
digitizing.
32. Southerly tract boundary shall be extended to
centerline of Flint Street and abandoned on map.
Southern half of Flint Street from Lewis to Lowell
shall be processed for abandonment by the applicant
and southern half of street shall be vacated
concurrently with Final Map approval.
33. Applicant shall cooperate with property owner of
Lot 19 and 20 for the development of Flint Street
between Lewis and Silver Streets.
34. Applicant shall provide cash deposit for possible
road repair caused by hauling export from site
prior to grading permit.
35. Developer shall grade and provide two (2) paved
travel lanes (25 feet) on Flint from Silver to
existing improvements, Improvements shall match
existing grade on Flint subject to the approval of
the City Engineer.
36. Conditions, Covenants and Restrictions shall be
established for the overall development which
defines the responsibilities of the landscape
PAGE TWENTY-SI% - CITY COUNCIL MINIITES - SEPTEMBER 28~ 1993
maintenance for the entire development. Said CC &
R's shall establish landscape easements to ensure
access to all landscaped areas on each lot.
37. Developer shall be subject to all Master Planned
drainage fees and will receive credit for all
Master Planned drainage facilities construction.
38. If grading exceeds 50 cubic yards, grading plans
shall be prepared by a Civil Engineer and approved
prior to final map approval. Prior to any grading,
applicant shall obtain a grading permit and post
appropriate security.
39. The owner shall provide the City with proof of his
having filed a Notice of Intent with the Regional
Water Quality Control Board for Natural Pollutants
Discharge System Permit prior to issuance of
grading permit.
32. Resolution No. 93-57 - Confirmina Particioation in the "Teeter
Plan". (F:140.1)
City Manager Molendyk highlighted the Teeter Plan which is
subject to the provisions of Assembly Bill 742. He noted that
it would allow collection of delinquent taxes for the City, by
the County. He clarified that all taxes except abatements
would fall under this plan.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 93-57.
RESOLUTION NO. 93-57
A RESOLUTION OF THE CITY OF LAKE ELSINORE MADE PURSUANT TO
SECTION 4715 OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA AGREEING TO PARTICIPATE IN TAE ALTERNATIVE METHOD
FOR DISTRIBUTION OF TAX LEVIES AND COLLECTIONS AND OF TAX SALE
PROCEEDS ADOPTED BY THE COUNTY -0F RIVERSIDE.
33. Resolution No. 93-58 - Subborting Proposition No. 172 on
November 2, 1993, Ballot. (P:96.1)
Mayor Washburn indicated that he had placed this item on the
agenda to support Proposition No. 172, and continue the 1/2
cent sales tax. He noted that it would gain approximately an
extra $108,000 for public safety proqrams.
MOVED BY WASHBURN, SECONDED BY CAERVENY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ADOPT RESOLUTION N0. 93-58.
RESOLUTION 92-58
A RESOLUTION OF THE CITY COUNCIL OF TI-IE CITY OF LAKE ELSINORE~
CALIFORNIA, SUPPORTING STATE PROPOSITION 172 AS PROPOSED FOR
THE NOVEMBER 2, 1993 BALLOT.
34. Desianation of Voting Deleqate & Alternate - Leaque of
California Cities Annual Conference. (F:108.8)
Mayor Washburn offered to serve as the Voting Delegate and
suggested that Mayor Pro Tem Dominquez serve as the alternate.
PAGE TiPENTY-3EVEN - CITY COIINCIL MIN[JTES - 3EPTEMBER 28, 1993
MOVED BY CHERVENY, SECOISDED BY WINKLER AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPOINT MAYOR WASHBURN THE VOTING DELEGATE
AND MAYOR PRO TEM DOMINGUEZ THE ALTERNATEp AND FURTHER DIRECTED THE
CITY CLERK TO TRANSMIT THIS INFORMATION TO THE LEAGUE OF CALIFORNIA
CITIES.
35. Citation Processina and Collection Aaencv Agreement - The
Phoenix Grout~. (F:68.1)
City Attorney Harper explained this item and the new
requirement that cities handle all non moving violation
citations. He noted that the Phoenix Group is one of 3 or 4
agencies in the State who provide this type of service, with
the cost being $1.25 per ticket. He also noted that in the
City of Lake Elsinore this processing will include Lake
violations.
Mayor Pro Tem Dominguez questioned the formula for charges on
parkinq tickets. City Attorney xarper indicated that the bail
schedule was being developed.
Public Services Director Tecca advised that the bail schedule
would be presented at the next Council meeting for
consideration. Mayor Pro Tem Dominguez inquired whether the
$1.25 fee could be added to the penalties charged. Mr. Tecca
indicated that they will be included in the penalties.
City Attorney Harper clarified that under the new law the City
will receive all of the penalties assessed and pay the $1.25
out of them. Mr. Tecca noted that the Phoenix Group also has
the capability of interfacing with the Department of Motor
Vehicles to place liens, with the charge by the D.M.V. being
$3.00 for this service.
MOVED BY CHERVENY~ SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITH THE PI-IOENIX
GROUP.
36.
(F:72.1)
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE N0.
965:
City Treasurer Pape commented on this item noting that this
was originally proposed for the cost savings, in that it would
cut the cost in half to approximately $13,000. He explained
that following the initial discussions he became aware of the
proposal by the County Registrar of Voters to shift all local
elections. He stressed the understanding that if cities do
not agree to the shift, they will be responsible for holding
independent elections. He further stressed the cost and hours
involved in that process. He also commented on the
discussions regarding focus on local issues and noted the
latest proposal to change the Presidential Primary date in
1996. He explained that this proposal will shift the
Presidential Primary to the last Tuesday in March, 1996; and
if the Council had not chosen to make this change the City
election would have been only two weeks later and have the
potential of poor voter turn out and confused issues.
PAGE TWENTY-EIGHT - CITY COUNCIL MINIITES - SEPTEMBER 28~ 1993
~~'"
ORDINANCE NO. 96~
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ESTABLISHING DATES FOR GENERAL MUNICIPAL ELECTION.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER~
WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALONGI
ABSTAIN: COUNCILMEMBERS: NONE
37. Second Reading - Ordinance No. 964 - Laauna Heights Specific
Plan 92-3 - The Western Comoanv. (F:150.2)
MOVED BY WASHBURN, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO.
964:
ORDINANCE NO. 964
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3
(THE WESTERN COMPANY).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALONGI
ABSTAIN: COUNCILMEMBERS: WINKLER
38. Request from Citizen' Crime Watch. (F:127.1)
Councilman Winkler noted a number of Crime Watch Committee
members present in the audience and explained that the
Committee would like to begin a patrol similar to that used in
Sun City. He further explained that it would be done by
volunteers to gather evidence and assist the Sheriff's
Department. He noted that such programs have worked well in
Sun City and Grand Terrace.
City Attorney Harper commented on the program in Grand Terrace
and advised that they are provided marked cars, a
comprehensive training program and officer supervision. He
noted that it has been very successful, possibly being the
reason that Grand Terrace has the lowest crime rate in San
Bernardino County.
- Councilman Winkler advised that in Sun City, there is a non-
profit corporation which buys cars; the program is
administered by the County Sheriff's Department with volunteer
patrols; and insurance is the responsibility of the County.
Mr. Winkler sugqested that the Committee be given the use of
two City cars and cooperation of the Sheriff's Department with
Mr. Jim Sands and Mr. Richard Brown. He sugqested that the
mechanics of the program be brought back for Council review.
PAaB TWENTY-NINB - CITY COIINCIL KINIITES - 88PTEMBER 28, 1993
Councilwoman Cherveny indicated she would like to see a formal
proposal, but the program sounded like a great idea.
Councilman Winkler indicated that he is aware that there are
cars available, however questions still exist on insurance and
waivers which would be required. He further suggested that
the mechanics be worked out and brought back to Council.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO DIRECT STAFF TO
INVESTIGATE THE MECHANICS OF THE PROGRAM, ALONG WITA INPUT FROM THE
SHERIFF~S DEPARTMENT REGARDING TRAINING AND RETURN TO COUNCIL WITH
FINDINGS.
City Manager Molendyk pointed out that the criteria must be
approved by the Joint Powers Insurance Authority. The
criteria should include traininq, type of cars, etc. He
indicated he would follow up with Captain Daniel and
Administrative Services Director Boone.
City Attorney Harper indicated that in Grand Terrace the
program was basically done throuqh the Sheriff's Department.
Councilman Winkler inquired whether the City of Grand Terrace
was part of the same J.P.I.A. as the City of Lake Elsinore.
Mr. Harper was not certain.
Mayor Washburn clarified that the motion was to look at the
program and proceed in compliance with the requirements of the
J.P.I.A.
Councilwoman Cherveny noted that she had obtained information
_ at the last Annual League of California Cities conference
regarding a program in Dana Point using Senior Citizens for
report writing and requested that the item be considered as
well.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
PIIBLIC COISKENTB - NON-AC;ENDIZED ITEMS
Peter Dawson, 18010 Grand Avenue, representing Southshore
Aomeowners Association, indicated that the water front property
owners are currently using the lake for recreation and requested
that a use agreement be finalized with the property owners.
CITY lSA27AGER COMMENTB
City Manager Molendyk advised that there was need for a Closed
Session concerning potential litigation.
City Attorney Harper indicated that they would also need to discuss
the litigation between Williams and the City.
CITY COQNCIL COMMENTB
Mayor Pro Tem Dominguez commented on the following:
1) R.T.A. Free Ride Day on October 7, 1993, and encouZ~aged
the public to take the bus.
2) Traffic concern in area behind City Hall; car~ are
PAGE THIRTY - CITY COIINCIL MINOTES -
28~ 1993
parking on both sides of narrow streets. Requested that
staff work with him to review the problem and review
possible solutions.
Councilwoman Cherveny commented on the following:
1) Encouraged the public to attend the Oktoberfest at the
Rodeo Grounds being held Thursday through Saturday with
Om-Pa-Pa Bands and German Food.
Councilman Winkler commented on the following:
1) McVicker Park, stressed the need to contact Ken Edwards
and keep the project on track. Community Services
Director Sapp indicated that he has been in contact with
the Flood Control District and the necessary approvals
should be done this week. He further indicated that
Centex is ready to proceed with the improvements as soon
as approved.
Mayor Washburn commented on the following:
1) Friends of the Library fund raiser, Hoe Down to be held
on Saturday, october 2, 1993 at the Community Center.
2) "Warning" letter from Robert Vermillion. He noted false
points in the letter and clarified facts. He suggested
that the letter was intended to create hysteria and is
not correct on any point. He noted that the Outflow
Channel project is expected to begin on October 1.
3) Reminded the Community of the Oktoberfest and encouraged
attendance.
City Manager Molendyk advised that he had spoken with
representatives of Riverside County F1ood Control and the pre-
construction meeting for the outflow Channel project would be held
on October 1, 1993 and work should be underway the following week.
He noted that efforts, are being made to;hold a groundbreaking
ceremony.
TAE CITY COUNCIL MEETING WAS RECESSED AT 10:10 P.M.
THE CITY COUNCIL MEETING WAS RECONVENED AT 10:12 P.M.
CL03ED SESSION
THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:12
P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION AND WILLIAMS VS.
CITY OF LAKE ELSINORE.
TIiE CITY COUNCIL MEETING RECONVENED AT 10:37 P.M. NO ACTION TAKEN.
MOVED BY WASHBURN, SECONDED BY
VOTE OF THOSE PRESENT TO ADJOU
AT 10:38 P.M.
'TE~' i :
; i ' ~9`~
CF.i .AS D, 'CITY C"x,ERK
CITY C~F L'~KE ELSIN"vRE
UEZ AND CARRIED BY UNANIMOUS
REGULAR CITY COUNCIL MEETING
~ / / . !/~/!~/~ W'---'~
Y . WASHBURN, MAYOR
CI OF LAKE ELSINORE