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HomeMy WebLinkAbout10-26-1993 City Council MinutesMINUTES REGIILAR CITY COIINCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREET LARE ELSINORE~ CALIFORNIA TIIESDAY~ OCTOBER 26, 1993 a*trs*,t*,er+~w******s***************rrr**a*****:******s:***********,t CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy City Clerk Bryning. ROLL CALL PRESENT: COUNCILMENIBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present.were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Manager Huffman, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and Deputy City Clerk Bryning. A. Presentation - Rebort on outtlow cnannet Yro~ect. (F;92.2) City Manager Molendyk gave an overview of the project and introduced Mr. James Lowe of Three "B's" Construction Company, 506 W. Graham, STE 102. James Lowe, Three "B~s" Construction, explained the progress on the outflow Channel and the type of improvements that will be implemented. He explained that construction will begin at Riverside Drive and there will be some alternate channel cuts; and construction on the channel will stop from April 1, through September 1, to protect the nesting sites of endangered species. Mr. Lowe stated that construction of bridges will occur at Graham, Heald and Sumner Streets. Sumner Street will be closed to construct the bridge beginning on November 1; and as Minthorn Street will be closed on November 1, to allow for the construction of a box culvert. Chaney will be closing for a period of time for the safe movement of dirt and equipment and Riverside Drive will beclosed between Stickland and Collier for bridge replacement. Mr. Lowe explained that the work on the channel will start downstream and work up to allow for the nesting sites of the endangered species. He further explained that the clearing and grubbing of the channel will be completed in approximately one month which will open the channel for flows, if the water in the lake does rise. Mr. Lowe explained that they are working with the City Engineer~s Office in regard to signage. FAGE TWO - CYTY COIINCIL MYN[JTES - OCTOBER 26~ 5993 Mayor Washburn asked if the schedule of road closures had been published in the papers, Asra Lowe stated that they had note Mayor Washburn suggested that the schedule be published in the Sun Tribune, Press Enterprise and the Californian. Councilman Dominguez questioned the status of Limited. Mr. Lowe explained that the bridge will be addressed at Limited Street and in the event that Lakeshore Drive in that area is closed, Limited can be used as an alternate route. Also Limited may be used when Graham is closed for a detour. He further explained that there will be mitigation ponds that will be located between Baker Street and the existing channel. Councilman Winkler asked what would happen if it starts raining. Mr. Lowe explained that Wasson Canyon inflow splits and goes two ways and if the Lake raises then it reverses flow and goes all the way down the Outflow Channel. He further explained that the Channel will not be complete but the construction up to that point will help the flows. CounciTman Winkler asked what agency Mr. Lowe's firm works for. Mr. Lowe explained that they work for the Army Corps. of Engineers. B. Presentation - Renort on the Senior Citizens Center (F:144.3) City Manager Molendyk explained that in the past this project has been referred to as the $74,000 E3orse Shoe Pit Improvement and Mr. Sapp was present to give an overview of the project and just exactly what the money is going to spent one Community Services Director Sapp explained that this project is part of the 18th year CDBG plans for the rehabilitation of the exterior of the Senior Citizens Center and outlined what type of activities will be available. He presented slides to show the planned construction and rehabilitation of the exterior of existing buildings. Mr. Sapp explained that the total cost of the project is $132,000. Council allocated $71,000 and at this time the project can be phased or alternate funding sources can be found. He explained that they are working on the alternate funding sources and hope to raise the necessary funds to finish the project. Mayor Washburn stated that he was glad to see the project get s~arted. Councilwoman Cherveny asked if the entire project would be going out bid at the same time. Community Services Director Sapp explained that it will be bid in phases for the entire project. C. Report on the Little Y,eague Cathleen Cusimano, President of the Lake Elsinore Little League, explained that she was present to clarify some issues which concerned parents of the children in Little League. She clarified ~ha~ the resolution the Ci~y Council passed, clarifies that the children will have priority, but the Children within the City Limits will be given top priority. She further clarified the meetings that were held between the City and the different organizations which use the ball fields within the City. PAGE THREE - CITY COIINCIL MINQTES - OCTOBER 26, 1993 Councilman Winkler explained the reason for the Policy Resolution and stated that the City residents pay for the development and maintenance of the parks and the residents of the City should receive the priority use. He noted that Swick/Matich Field is operated under a Joint Powers Agreement with Ortega Trails. Also the resolution does give preference to the youth in the entire Valley. He stated that this was done to bring pressure on Ortega Trails to build parks for the County residents. The Resolution has had a positive effect and does protect the investment of the citizens of the City. Councilman Winkler explained that in the future he would like to see City leagues and County leagues to adjust the fees to keep the situation fair and equitable. Mrs. Cusimano asked the Council to bear in mind that quite a few of the parents of the children in Little League live in the County and work in the City and vice versa. She stated that she would, as the representative of Little League, like to keep a good relationship with the City to work together for the children. Mayor Washburn noted that he has received letters from Jean Hayman School and explained that the City of Lake Elsinore is expanding the Winterfest since the Downtown Business Association chose not to do the parade this year. He further explained that the DBA had only given the City four weeks notice and that was not enough time to present a parade. Mayor Washburn advised that there will be a Santa at the Stater Center, Town Center and at the Winterfest Celebration in the Downtown Area, on a rotating basis. CONSENT CALENDAR The following iteras were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 and 3. MOVED BY CHERVENY~ SECONDED BY WASHBURN 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. Special City Council Meeting - October 8, 1993. (F:44.4) b. Regular City Council Meetinq - October 12, 1993. (F:44.4) c. Joint City Council/Redevelopment Agency Study Session - October 14, 1993. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Minutes - October 6, 1993. (F:60.3) 4. Rejected and referred to Claims Administrator the Claim against the City submitted by Arthur Fernandez, Jr. (CL #93- 18). (F:52.2) 5. Approved Hearing Date of November 9, 1993, for the following: a. Annexation No. 62, General Plan Amendment 93-2 and Zone Change 93-4 - The Western Desert Corporation. Located to the west of Grand Avenue and the termini of Amorose Street. (F:20.2)(X:83.2)(X:172.2) PAGB FOIIIt - CITY COITNCIL MINIITEB - OCTOBER 26~ 1993 Resolution for the commencement of Proceedings for Annexation 68, General P1an Amendment 93-3 and Zone Change 93-5 - City of Lake Elsinore. Located to the east and west of Grand Avenue between the City Limits to the north and Plumas Street to the south. ZTEMS PIILLED FROM THE CONSENT CALENDAR 2. L.E.A.F. Animal Control Activity Renort - September 1993 (F:18.2) Councilwoman Cherveny commended L.E.A.F. for their efforts and thanked them for their assistance in removing a skunk from under her home. MOVE BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR THE MONTH OF SEPTEMBER, 1993. 3. Warran~ List - October 15. 1993 (F:12.3) Councilwoman Cherveny pointed out the expenditure of $95,000 to the Riverside County Habitat which is a pass through for Oak Grove Equities. City Manager Molendyk explained that the City collects the fees from the Developer and then passes them on to the County for the Kangaroo Rat Trust Fund in the County. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST FOR OCTOBER 15, 1993. POBLIC HEARINGS 210 2'entative Parcel Man No. 27871 and cnmmarrial nr~~o~t ra~ oz_ Mission Trail and Malaga Road (F;110.2)(X:58.2) City Manager Molendyk explained that rather than call it a Tentative Map, he would refer to the project as an eight-plex movie theater. The proposed project consists of 17.37 acres with five (5) commercial parcels and design review for the construction of a 26,000 square foot theater and associa~eci infrastructure mprovementsa The theater is proposed to have eight screens with approximately 1,600 seats. Mayor Washburn opened the public hearing at 7:50 p.m. asking those in favor of the project to speak. The following person spoke: Leonard O'Byrne, 38401 Oak Tre2 Loop, Murietta, President o]f Camelot Property Counselors Ync., spoke in favor of the project and stated that his company agreed with the findings and conditions. He commended staff for their cooperation and assistance in regard to the project. Mayor Washburn asked those persons in opposition to speak. Hearing no one, the public hearing was closed at 7:53 p.m. City Planner Leslie explained an exhibit displaying elevations. PAGE FIVE - CITY COiTNCIL MINOTES - OCTOBER 26~ 1993 MOVED BY CHERVENY~ SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE ADOPTION OF NEGATIVE DECLARATION NO. 93-8, APPROVE COMMERCIAL PROJECT NO. 93-4, AND APPROVE TENTATIVE PARCEL MAP NO. 27821, BASED ON THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL: FINDING~ TENTATIVE PARCEL MAP NO 27821 1. Conditions of Approval have been prepared to address identified conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City goals and policies. 2. This project, as approved, complies with the Goals and Objectives of the General Plan. 3. The site, subject to the attached conditions, is suitable for this type of development. DESIGN REVIEW C 93-4 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 93-8 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, and the Zoning District in which it is located. 3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated in the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82. CONDITIONAL USE PERMIT NO. 93-4 1. That this proposed use, on its own merit and within the context of its setting, is in accordance with the Goals, Objectives, and Policies of the Lake Elsinore General Plan. 2. That the requested use, as proposed will not be detrimental to the general health, safety, morals, and welfare of the persons residing in the neighboring area or the City. 3. That the site is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by the Zoning Ordinance. 4. That there should not be a conflict with the shared parking allowed by this permit between the theater and the adjoining uses. VARIANCE NO. 93-2 1. Adequate conditions and safeguards pursuant to Section 17.76.050 have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. PAGE SI% - CITY COIINCIL MIN[JTES - OCTOBER 26, 1993' - Special circumstance, pursuant to the purpose of Chapter 17.76, applicable to the subject property which do apply generally to other properties in the neighborhood, and, therefore granting og this variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject propertg is locatede 3. Approving the variance from the strict interpretation of the Zoning Ordinance represents a minor deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. VARIANCE NO. 93-4 1. Adequate conditions and safeguards pursuant to Section 17.76.050 have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is locatedo 2o Special circwnstance, pursuant go the purpose of Chapter 17.76, applicable to the subject property which do apply generally to other properties in the neighborhood, and, therefore granting of this variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. 3. Approving the variance from the strict interpretation of the Zoning Ordinance represents a minor deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. CONDITIONS° Planninq Denartment Y. Design Review approval for Commercial Project No. 93-4 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the e~iration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. Triese Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safetyo 3. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all Condi~ions of ApprovaT prior to the issuance of a Certificate of Occupancy and release of utilities. PAGE SEVEN - CITY COIINCIL MINQTES - OCTOBER 26~ 1993 6. Applicant is to meet all applicable City Codes and Ordinances includinq State handicap requirements. 7. Meet all Riverside County Health Department requirements. 8. Meet all Riverside County Fire Department requirements. 9. No outdoor storage shall be allowed. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 11. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way yiew. 12. Applicant shall use roofing materials with Class "A" fire rating. 13. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets (Malaga, Casino Drive or Mission Trail). Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 14. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. 15. Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Manager or desiqnee, prior to the issuance of building permit. 16. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (24") box tree for every ten (10) spaces with appropriate planter box, subject to the approval of the City~s Landscape Architect and Community Development Manager or designee. 17. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40~). a) All planting areas shall have permanent and automatic sprinkler system with 100~ plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24") box. On areas where screening, is necessary trees shall be at least thirty six-inch (36") box size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). PAGE EZGHT - CITY COIINCIL MINiJTES - OCTOBER 26~ 1993 may be refunded after acceptance and 100~ will be hed e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50~ parking lot shading in fifteen (15) years, f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120~ Faithful Performance Bond, and released at completion of instal- lation of landscape requirements approval/acceptance; 20$ for one year for material and labor. i) All landscaping and irrigation shall be installed within affected port3on of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan, k) Final landscape plans to include planting and irrigation details. 18. All exposed slopes in excess of three feet (3~) ia height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 19. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property (except for the area behind the theater which will necessitate substantial lightinq for security) and streets or allow illumination above the horizontal plane of the fixture. The applican~ shall provide adequate parking lot lighting to the satisfaction of the Community Development Manager on the area behind the theater (Casino parking) for security purposes. The stairway areas between the thea~er site and the Casino parking shall provide adequate lighting to the satisfaction of the City. 20. All undeveloped lots/pads within the center shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the cleveloper as necessary to meet the approval of the Community Development Manager until such time as these lots/pads are built-out. If building permits are no~ issued within 90 days, all areas or pads graded, during ~he grading operation, shall be landscaped and irrigated. 21. The applicant shall amend the approved Uniform Sign Program for the'Camelot Center to reflect the added design changes. The Revised Master Signage Program shall be reviewed and approved by the Planning Commission. All signage includincy freestanding signs shall be by City Permi~ and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. PAGE NINE - CITY COIINCIL MIN[TTES - OCTOBER 26, 1993 22. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23. Applicant shall annex into the City's Landscape and Lighting District. 24. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. 25. This project shall be subject to the Mitigation Monitoring Program contained in the Mitigated Negative Declaration 93-8. 26. Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992. 27. Trailers utilized during construction shall be approved by the Planning Division. 28. On-site surface drainage shall not cross sidewalks. 29. Parking stalls shall be double-striped with four-inches (4") lines two-feet (2') apart. 30. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 31. Decorative pavement shall be provided at entry and crosswalks, to the satisfaction of the Community Development Manager or designeee 32. Any proposed metal mailbox shall be treated to blend with the center~s design themee Mailbox plans shall be submitted for approval prior to issuance of building permits, and shall be subject to the approval of the postal service and the Community Development Manager or designee, prior to the issuance of building permit. 33. Prior to issuance of building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 34. The applicant shall submit a graffiti removal program for the Camelot Center. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Manager or designee. 35. The applicant shall cause to be recorded (in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division) an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement and agreement in favor of all lots within the Caraelot Center, subject to the approval of the Community Development Manager. In addition, CC&R's shall be approved by the City Attorney and the Community Development Manager which enforces standards of building maintenance and participation in landscape maintenance. 36. A pedestrian access agreement shall be provided and recorded in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division from the Casino site to the project site (Theater). PAGE TEN - CITY COIINCIL MINUTES - OCTOBER 26e 1993 37o The applicant sha11 provide evidence of agreements for off- site and shared parking facilities,between the owner of the Camelot Center and the Casino site. This legal instrument shall be recorded in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division. 38. The applicant shall provide signage indicating or directing overflow traffic to ~he proposed Casino off-site parking. Number of signs and location shall be approved by the Community Development Manager or designee; EnQineerin4 DeAartment 39. Commercial Project No. 93-4 shall be subject to all applicable conditions of approval for Tentative Parcel 27821 prior to issuance of building permits. 40. The front central facade of the theater building above the ticket windows shall include reveals similar to those proposed on the side panels of the structure that divide the panel into quadrants. This modification is intended ~o add further interest to this large vertical building plain. Other alternatives will be acceptable if they serve the same intent, subject to the approval of the Community Development Manager or designee. 41. Security Plan shall be submitted to the Planning Department and subject to the approval of the Community Development Manager or designee. CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 27821 Planning Division 1. Tentative Parcel Map No. 27821 will expire two (2) years from date of City Council approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The Ten~ative ParceY Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Tatle 16 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. The City's Noise Ordinance must be met during all site preparation activity. 5o Pay all applicable fees in force at time of issuance of building permits. 6. Prior to final approval of Parcel Map 27821 the improvements specified herein ancl approved by the Planning Commission and the City Council shall be installed, or the bonds and agreemen~ for said improvements, shall be submittecl to the City, anci all other applicable conditions shall be compliecl with. 7. Final Map shall reflect plotting as approved on plans date stamped October 6, 1993. 8. Building permits shall not be issued until proof that all school mitigation fees have been paid is presented to City Building Division. PAGE ELEVEN - CITY COIINCIL MINIITES - OCTOBER 26, 1993 9. The developer shall meet all requirements of Southern California Edison. Plans for a street lighting system shall be submitted to them for review and approval. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 10. Meet all requirements of Southern California Gas Company. 11. Meet all requirements of General Telephone. 12. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 13. All trailers used during construction shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailboxes plans shall also be subject review and approval of the Planning Division. 14. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100~ for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 15. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department, Planning Division. 16. The applicant shall cause to be recorded an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement and agreement in favor of all lots, subject to the approval of the Community Development Manager. In addition, CC&R's shall be approved by the City Attorney and the Community Development Manager which enforces standards of building maintenance and participation in landscape maintenance. The CC&R's shall be recorded prior to finalization of the map. 17. All development associated with this map requires separate Design Review approval in accordance with Section 17.82 of the Municipal Code prior to building permit approval, and shall be subject to review to determine the required level of environmental documentation subject to the provisions of the California Environmental Quality Act (CEQA) Guidelines. 18. A qeotechnical/seismic report with findings and associated recommendations to mitigate potential hazards will be required to be submitted to the Engineering and Planning Departments prior to recordation of the final map. Enqineerinq Department 19. 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. 20. Dedicate~.znderground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. PAGE TWELVB - CITY COIINCIL MINLiTEB - OCTOBER 36, 1993 21. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85-26): 22. Submit a 01Will-Serve1° letter ~o ~he City Engineering Department, from the applicable wa~er district, s'tating that water and sewer arrangements have been made for this project. Submit ~his letter prior ~o final map approval. 23. 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. 24. Street improvement plans and specifications sha11 be prepared by a Civil Engineer. Improveraents shall be designed and cons~ructed to Riverside County Road Department Standards, latest edition, and City Codes, (Lake Elsinore Municipal Code 12.04 and 16.34). 25. Provide street lighting and show lighting improvements on street improvement plans as required by the City.Engineer. 26, Enter into a subdivision agreement with the City for off-site improvements and post appropriate bonds. Bonds or letter of credit to be approved by the City Attorney. 27. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off- site public works improvements (Municipal Code, Title 12, Chapter 12.08, Resolution 83-78). 28. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/2" x il" mylar) shall be submitted to Engineering Depar-tment`:before final inspection of off-site improvements will be scheduled and approved. 29. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 30. Comply with all conditions of ~he Riverside County Fire Department. This shall include providing any required fire protection facilitieso 31. All improvement plans and tract maps shall be digitized. At certificate of occupancy applican~ shall submi~ tapes and or discs which are compatible with City's ARC Info/Gis or developer to pay $1,0;00 per sheet for city digitizing. 32. Developer shall provide No Parlcing and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 33. Developer shall install blue reflective pavement markers in the street at all fire hydrant locationse 34. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all master planned drainage facilities constructed. 35. 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 gradinq permit and post appropriate security. BAGE THIRTEEN - CITY CODNCIL MINIITES - OCTOBER 26e 1993 36. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge Elimination System (NPDES) and submit the storm water pollutant prevention plan prior to grading permit. 37. 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. 38. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 39. 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. 40. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. Provide sufficient right-of-way for improvements on Casino Drive for an 80 foot right-of-way. Improvements to be built at development of Parcel 5. 42. As part of the construction of off-site public improvements related to Malaga Road, and the Mission Trail and Malaga Road intersections, the applicant shall acquire the property on the easterly corner of Mission Trail and Malaga (APN 365-051-001) and dedicate this property to the City. 43. Developer shall design and install a traffic signal at the intersection of Mission Trail and Malaga. It shall be operational no later than two (2) months after the theater opens. 44. A pedestrian access shall be provided from the Casino Hotel to the project site. 45. Driveway on Mission Trail Parcel #1 shall be limited to right turn in and turn out only. 46. Dedicate SO feet along Malaga Road for additional right-of- way. 47. Dedicate 20 feet along Mission Trail frontage for additional right-of-way. 22. City Manager Molendyk explained that this is an appeal by Lewis Homes regarding the new Ordinance Council had staff draw up regarding fencing in residential tracts. He stated that Community Development Manager Shear had a video of the existing fences and some of the other fencing in the area. City Planner Leslie an overview of a video which presented the variation in grades of the various pads and views of the Centex Development with block walls on the perimeters and wood fences on the returns and a combination of block and wrought iron up ihe slope. He further show a development on Machado with all block walls, except for gates on the sides and a intersection of Robb Road and Mountain Street. (Continued from September 28, 1993). (F:21.1) EAGE FOURTSEN - CITY COONCIL MINDTES - OCTOBER 26~ 1993 ' development with all wood fencing. The video presented examples of the different types of fencing used ia the past. City Manager Molendyk explained the direction that the Council had given in ~he pas~ was that there should be no more wood fencing, especially in the areas where there as terracing and fencing is visible. He stated that the developers felt that it was ~oo costly to go completely with block walls. Mre Molendyk stated that staff needs direction and whatever Council decides will have an impact on other future developments in the community. Mimi Rayl, representing Lewis Homes of California, presented an exhibit which shows that a block wall will be built on the perimeter of the project on top of the slope along Robb Road, to the south of the project and across the top of the sYope. She explained that Lewis Homes would like to put a combination of a block and wrought iron wall along the back slopes as a temporary combination wall for the models to be replaced at time of sale for privacy reasons. Ms. Rayl explained that her development would like to use wood fencing on the side yard lot lines and the rear yard lot lines. She presented pictures og examples of fencing which were used in other developments. City Planner Leslie explained tha~ if the City Council determines that in the case of the subject tract, use of wood fencing as proposed would be acceptable as an alternative material to solid block in some areas. He recommended the following limitations mentioned in Ms. Rayl's presentation as followse 1. At the model complex instead of using solid block wall, she suggested using partial block wall with wrought iron fencing. 2. On the six lots along Spruce street using solid block wall on the top of slope would obstruct view of the side yard, which it was requested to allow wood fences. 3e Treated wood fencing and not paintecl. 4. Wood fencing on the phase line since ~hat area would only be open to construction. Plannina Recommendation: Wood fencing will be allowed only on certain interior side property lines on the subject tract with the exception of side property lines that are also phase lines in which case a solid block wall shall be used unless the adjacent phase is built concurren~ly. Wood fencing on side property lines on Lots 7 through 12 of Tract 19750-3 can only be used when the property line is on level with the pad, solid block wall must be used on those portions of the side property line along the rear slope of these lots. Wood fencing will also be allowed on the rear property lines of only lots 4 and 5 of Tract 19750-3. The wood fencing as allowed shall be constructed pursuant to the detail contained on the approved Wall and Fencing Plans and shall be painted to blend with either the surrounding block walls or the coloring of the homes. Six-foot (6°) high solid bloclc PAGE FIFTEEN - CITY COIINCIL MINLiTEB - OCTOBER 26~ 1993 walls shall be constructed on all other side and rear yard property lines. Fencing proposed in future phases of this project will be subject to separate review and approval by the Community Development Manager or their designee pursuant to the guidelines as set forth abovee Mayor Washburn then called on those persons who requested to speak as follows: Mike Aller, Centex Homes, 4351 Latham Street, Riverside, stated that his project has already received their conditions and he has a masonry budget of $1.2 million for the streets, the channels, the perimeter and corner lots not including the wrought iron, just masonry. He stated that when he had heard that the City had passed an ordinance requiring all masonry wall, it was a shock to his wallet and he was approaching Council for direction. He explained the major cost of material and construction per lot and what it means as a impact on the cost of the total sale of the house, as well as the time it would take to change the grading of existing lots to accommodate the block wall footings. Total block walls will also present a problem to the future homeowner who wishes to install a pool or spa and has no ability to temporarily remove the fencing for construction. Mr. Aller asked that Council give consideration on a case by case basis. Councilman Winkler stated that the only change in the Ordinance was that instead of the Planning Commission making the waiver, it is now the responsibility of the Council to make that decision, and will be done on a case by case basis until Council can give a clearer guideline. He stated that he would like to visit the site to make a review of what he felt would address the site best. Councilman Winkler asked staff to find out approximately what it cost for all block wall at the Nelson Project. He stated that the interior fences which are highly visible are what he is most concerned about. Mayor Washburn stated that he would not like to see anything weaken the existing ordinance or the intent of the quality that has been seen with Centex Homes. He suggested a policy to guide staff. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL NO. 24 FOR RESIDENTIAL PROJECT 89-17 AMENDMENT NO. 2(LEWIS HOMES), TO THE NEXT REGULAR CITY COUNCIL MEETING ON NOVEMBER 9, 1993, TO ALLOW TIME TOMEET WITH STAFF AND THE APPLICANT. BIISINESS ITEMS 31. Commercial Project No. 93-2A. "EXPO~~ Buildi~ the Elsinore City Shopping Center. (F:58.2) City Manager Molendyk e~cplained that this is the second major tenant at the Oak Grove Equities (Wal-Mart) site. This project is "EXPO" which is a new supermarket that Von's is building which consists of 62,000 square feet, consisting of a standard market, plus a pharmacy, dry cleaners, video store, deli, and meat market in one facility, which is the state of art. City Planner Leslie presented exhibits and explained the location and elevations. He stated that staff has worked with the applicant and the architect to make revisions to the project. PAGE SISTEEN - CITY COIINCYL MYNQTES - OCTOBER'26~ 3993 Mayor Washburn asked about ~he Planning Commission's concern regarding shopping carts on-site or off-site. He asked if the shopping carts can be stored inside the store and if there is a need to have the car~s s~ored ou~side, whether fhere is some provision made for screening. City Planner Leslie stated that the shopping carts would be screened from the parking lot and €rontal view, bu~ as the approach from the side is made they are visible. Mayor Washburn stated that the additional handicap provisions ~he Planning Commission conditioned are good and he would agreee Councilwoman Cherveny asked what the target date for opening would be, Sharon Douglas, representing EXPO, explained what steps would be taken and for a target date sometime in 1995. Mayor Washburn asked what would be done with the old store. Sharon Douglas explained that the old Von's store is leased and they would attempt to sub-lease the site. Councilman Dominguez wanted to know if the store would have ATM machines and if they would be inside the store. Ms. Douglas stated that she was not sure if there were plans for a banking facility. Councilman Dominguez stated that if there were ATM machines, he would like to see them located indoors. Councilman Dominguez asked if the EXPO would be a~~24 hour" store. Ms. Douglas stated that it had not been decided what hours would be kept for the store at this time. Mayor Washburn asked if there would be restroom facilities available for the public. Ms. Douglas stated that there would be. Mayor Washburn then asked if the bathroom facilities would have changing tables since the Lake Elsinore has a large population of young families. Ms. Douglas advised that she did not know but that she doubted that they would. Mayor Washburn asked that they consider the changing tables. MOVED BY CAERVENY~ SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE COMMERCIAL PROJECT NO. 93-2a, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: E'INDINGS 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the certified Environmental %mpact Report No. 92-3 gor the sifi.e, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2o The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, tfie Elsinore City Center Specific Plan, and the Zoning District in which it is locatecl. 3. This project complies with the design directives contained in the Elsinore City Center Specific Plan. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development af the property in accordance with the Objectives of Chapter 17.82 and the Elsinore City Center Specific Plan. PAGE SEVENTEEN - CITY COIINCIL MINQTES - OCTOBER 26~ 1993 CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT NO. 93-2A PLANNING DIVISION 1. Desiqn Review approval for Commercial Project No. 93-2A will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to e~cpiration. 2. These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County Health Department requirements. 8. Meet all Riverside County Fire Department requirements. 9. Project must meet all requirements of Cal-Trans. l0. No outdoor storage of any items shall be permitted with the exception of shopping carts within approved designated areas. li. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 12. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 15. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. PAGE EIG$TEEN - CITY COIINCYL %YNIITES - OCTOBER 26~ 1993 16. Bicycle racks shall be provided adj,acent to major commercial u5es. Placement, design and' quantLty shall be indicated on the final landscaping plan, and subject to the approvaY of the Community Development Manager or designee, prior to the issuance of building permit. 17. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (24'°) tree for every ten (10) spaces with planter box to be staggered every row, and subject to the approval of the City~s Landscape Architect and Community Development Manager or designee. 18. The final landscaping/irrigation plan is to be reviewed and approved by ~he City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40$)e a) All planting areas shall have permanent and automatic sprinkler system with 100g plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) (Per the Elsinore City Center Specific Plan) apart and at least twenty-four-inch (24") box. On areas where screening, is necessary trees shall be at least thirty six-inch (36") box size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concre~e curb. d) Planting within fifteen feet (15~) of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50~ parking lot shading in fifteen (15) years. €) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and mee~ all requirements of the City~s adopted Landscape Guidelines. Special attention to the use of Xeriscape or drouqht resistant plantings with combination drip irrigation system to be used to prevent excessive waterinqe h) All landscape improvements shall be bonded 120~ Faithful Performance Bond, and released at completion of instal- lation of landscape requirements approval/acceptance, and bond 100~ for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought toleran~ grasses and plants. j) Final landscape plan must be consistent with approved site plan. PAGE NINETEEN - CITY COIINCIL MIN[TTES - OCTOBER,26~ 1993 k) Final landscape plans to inciude planting and irrigation details. 19. All exposed slopes in excess of three feet (3~) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 20. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 21. All proposed signage shall require City permits and be in conformance with Elsinore City Center Specific Plan, the associated Elsinore City Center Sign Program, and Section 17.94 of the Municipal Code. 22. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. This project shall be designed so that every unit (with the exception of shop #3 which is to have two (2) loading areas) is provided with a loading space as required by the City Municipal Code and the Elsinore City Center Specific Plan. 24. Trailers utilized during construction shall be approved by the Planning Division. 25. On-site surface drainage shall not cross sidewalks. 26. Parking stalls shall be double-striped with four-inch (4") lines two-feet (2') apart. 27. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 28. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an 01Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 29. This project shall be subject to the Mitigation Monitoring Program contained in the Certified Environmental Ympact Report No. 92-3. 30. Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992. 31. All vending machines, shopping cart storage areas, tables, kid's rides, newspaper racks, telephones, and similar devices shall be conceal from view with a structure consistent with 4.he building design. These shall be approved by the Community Development Manager or designee prior to installation. 32. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Manager or designee. PAGE TWENTY - CITY COIINCIL MINIITES - OCTOBER,2b~ 1993 ` 33. The applicant shall install decorative pavement a~ all entrances into the project, at all major drive aisle intersections, and directly in front of the main entry in to the structure. This detail shall be included on the revised site plan and is subject to the approval of the Community Development Director or his designee. 34. I]f approval is granted by ~he City Council for a secondary shopping cart storage area it shall be located on the south side of the structure and shall be enhanced with the same treatments as has been required for the main storage area along the front of the building, 35. The walkway in front of the cart storage area at the front of the building shall be a minimum seven feet (7') wide and the planter shall be a minimum five feet (5°) wide and bermed against the cart storage screen wall. 36. DELETED. ENGINEERING DEPARTMENT 37. Meet all Conditions of Approval for Tentative Parcel Map No. 27659. 38. Medians in ciriveways shall be moved back out of the right-of- way to provide proper truck turning into the site. 39. Four (4) additional handicap parking spaces are to be provided on the right side of the building (Escpo). 32. Extension of Time for Ten~ative Tract Map A1o. 22904, Revisiora #6 - Canvon Bav Development. (F:160.2) City Manager Molendyk explained that a bill was recently passed which automatically gives all outstandinq tentative tract and parcel maps in the State of California a two (2) year extension. This item was continued for Council reconsideration at the meeting on Ju1y 13, 1993, and was brought back for Council"s information. Mayor Flashburn explained that the new bill was signed into law orn September 13, 1993, and this action was taken due to the existing economic conditions being experienced. MOVED BY DOMYNGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS ~70TE OF THOSE PRESENT TO ACKNOWLEDGE THE STATE~S MANDATED AUTOMATIC EXTENSION OF TIME FOR TENTATIVE MAPS WHICH APPLIES TO TENTATIVE TRACT MAP NO. 22904. 33. State Route 74 - Memorandum of Understandina. (F:82.3) City Manager Molendylc explained that the City has been working with Project Dimensions, and Cal-Trans for the realignment and expansion of Highway 74. The Memorandum of Understanding is a State requirement which acknowledges our cooperation to follow the procedures and stanciardse MOVED BY CHERVENY, SECONDED $Y DOMINGUEZ AND CARRIED BY A 3- 0 VOTE WITH WINKLER ABSTAINING TO APPROVE THE MEMORANDUM OF iJNDERSTANDING AND AUTHORIZE THE MAYOR TO AFFIX HIS SIGNATURE. PAGE TWENTY-ONE - CITY C13IINC~Y, FIYNFU'~'ES m OC'd'OBER 26s 1993 34. Lakeshore Drive and Chanev Street Intersection Imnrovements. (F:156.2) City Manaqer Molendyk explained that this area has become a ~raffic and safety concern. He stated that there are no left hand turn lanes and there is a problem with excessive speed. Mr. Molendyk pointed out that there will be closures due to the channel construction and staff recommends the design and widening of Lakeshore Drive and Chaney Street, a left turn lane and a three way stop. He explained that this would assist in the construction of the outflow channel and be of benefit to the existing homeowners. This project would also include the installation of asphalt sidewalks for the safety of the children. Mr. Molendyk asked that the funds be appropriated from the traffic signal at Lincoln Street and Machado Street since this project will be funded by the state in June and the monies be reappropriated the Lakeshore Drive and Chaney Street intersection. Public Services Director gave an overview of the project and explained the exhibits which present the location of the project and showing the widening of Lakeshore Drive from Adams Way to Townsend in order to mitigate the traffic and delays which were experienced last year due to the floods. Iie further explained that the funds requested that the money requested would cover the design of widening of Chaney and install the asphalt sidewalks. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE DELETION OF THE LINCOLN STREET AND MACHADO STREET TRAFFIC SIGNAL FROM THE 1993/94 CIP BUDGET AND AUTHORIZE THE EXPENDITURE OF $100~000 ON IMPROVEMENT TO THE LAKESHORE DRIVE AND CHANEY STREET INTERSECTION. 35. Award of Contract - Downtown West Street and Storm Drain Imorovements - Phase I. (F:156.2) City Manager Molendyk explained that for the last several years Council has appropriated funds for the design and construction of street and drainage improvements in the downtown area. The following streets were designed under this project as follows: 1. Scrivener St. - Sumner Ave. to Flint St. 2. Lewis St. - Sumner Ave. to Pottery St. 3. Silver St. - Sumner Ave. to Pottery St. 4o Campus Way - Heald Ave. to Pottery St. 5. Mohr St. - Heald Ave. to Pottery St. City Manager Diolendyk explained that the Engineer's estimate was $494,822. the low bid was from J.E.G. Construction co., Inc., in the amount of $377,010.17. He recommended approval of acceptance and award of low bid. Councilwoman Cherveny stated that since this project is to pave existing dirt streets, she was sure that the persons - living on those streets would not mind the inconvenience, but rather be grateful, since they have been waiting for a very long time for paving. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ACCEPT THE BID OF $377,010.17 AND AWARD'A CONTRACT TO J.E.G. CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF THE STORM DRAIN AND ALL EIGHT BLOCKS OF STREET IMPROVEMENTS~ AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO TRANSFER $25,000. FROM THE DRAINAGE FEE FUND AND $50,000. FROM THE 1993/94 CIP BUDGET FOR THE TRAFFIC SIGNAL AT LINCOLN STREET AND MACHADO STREET TO THIS PROJECT. PAGE TWENTY-TWO - CITY COIINCIL MINIITES - OCTOBER 2'6~`1993 City Manager Molendyk asked what the,estimated time to start was and when it is the expected the project will be finished. Public Services Director Tecca explained that consfruction time will be approximately 60 days, and he does not have an exact time table on the projec~. bu~ will provide a memo to the City Manager. Councilwoman Cherveny asked when Kansas Street wou7.d be paved. Public Services Director Tecca explained that Kansas and Illinois Stree~s are ~wo stree~s that have a high level of interest in the community. He further explained that as the budget permits each street will be attended to. Kansas and Illinois Streets are high on the lis~ of upcoming streets to be improved. Councilman Dominguez stated that if there was not such a need for flood control projects this budget, those streets would have been done this year. However, they are high on the priority list and will be done as soon as the budge't will allow. THE FOREGOING MOTION WAS CARRIED BY UNANIMOUS VOTE BY THOSE PRESENT. 36. (Fa156.2) City Manager Molendyk explained ~hat a contract e~ras previouslyawarded for the San Jacinto Channel and this is Change Order No. 1, in the amount of $29,500. which is for ~he cost of a headwall structure as part of the s~orm drain system. tie statecl that he had placed two questions to Public Services Director Tecca being; 1) Why wasn~t this done earlier? and 2) What is a headwall structure? Mayor Washburn asked why this was not thought o£ earlier, Public Services Direc~or Tecca explained that an agreement was made wif.h Ayres Development that they would construct a storm drain, taking the water from the ~ract to the storm drain, ancl the City woulcl pay for the oversizing of the storm drain that goes in Lakeshore Drive. He further'explained that an out-let structure could not be built, because there was not a definitive location for the channel, so it was removed from the contract with Ayres and postponed until this point in time. Mr. Tecca explained that it is cheaper to use this method, than to have Ayres remobilize and bring their contractor back to complete the heacY wall structure. He stated that a good price was negotiated with American Contracting, Inc. Mr. Tecca explained that a headwall structure is a concrete box wrhere ~he water flows out of the pipe, down into the box and then into the channel. It has a large metal flapper ga~e which allows the water to flow out and prevent erosion. Councilwoman Cherveny asked if heaclwall woulcl the City be Director Tecca explained that this. Ayres was conditioned to do the reimbursecl. Public Services they were not conditioned for MOVED BY CHERVENY,, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROPRIATE $29,500. FROM THE DRAINAGE FUND TO THE 'LAKE ELSINORE REDEVELOPMENT AGENCY, TO COVER AN INCREASE IN THE CONTRACT AMOUNT WITH AMERICAN CONTRACTING, IN ORDER TO CONSTRUCT THE HEADWALL STRUCTURE OF THE AYRES STORM DRAIN. PAGE TWENTY-THREE - CITY CODNCIL MINLiTES - OCTOBER 26~ 1993 37. Notice of Completion for the Rice Canvon Water Reservoir Storage Tank. CFD 88-3. (F:22.3) City Manager Molendyk explained that this is the final acceptance by the City and recommended approval. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE AND ACCEPT THE PROJECT AS COMPLETE~ REQUEST MAYOR TO SIGN NOTICE OF COMPLETION~ AND AUTHORIZE THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION 38. Chaney Street Improvements - Interim Widening and Ultimate Realianment and Wideninc,~ (F:156.2) City Manager Molendyk explained that most of the concerns regarding Chaney Street were covered at a Work Session with the property owners from Chaney Street. Their remaining interest is in the short term and long term plans for Chaney Street. Ae explained that there are two alternatives, (1) widen the existing alignment, by cutting through the top of the hill, and (2) construct a new alignment north of the existing alignment approximately along Frederick Avenue. Councilman Dominguez stated that it was discussed that it was more favorable to use alternative No. 2. He asked Community Services Director Tecca to explain. Community Services Director Tecca explained that at the Work Shop both alternatives were discussed. Alternative No. 1 would mean the relocation of 13 families and 13 homes, whereas alternative No. 2 would mean the relocation of only 6 families and homes. He further e~lained that the cost is approximately the same. The advantages to using alternative No. 2, is that it makes the curve on Chaney more manageable and the access to all existing streets from existing properties is retained which means that there would be no necessity to build more local streets to accommodate the residents. Mr. Tecca stated that Staff would recommend the adoption of alternative No. 2. Mayor Washburn explained that there is no funding source at this time to expedite this project. City Manager Molendyk explained that there is an alternative, which is the exchange of property. He further explained that the City has surplus property which some of the property owners may be interested in as an exchange. Mayor Washburn explained that this would give the property owners an opportunity to review the City owned properties and make decisions. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT ALTERNATIVE NO. 2, CONSTRUCT A NEW ALIGNMENT NORTH OF THE EXISTING ALIGNMENT, APPROXIMATELY ALONG FREDERICK AVENUE, WITH STAFF TO WORK OUT THE SOLUTIONS FOR THE PROJECT. PAGS '1°WENTY-FOUR - CITY COONCI& MYNQTE~ - OCTOBER 260 1993 39. Status Renort on Centurv Homes Fencina (F:80.1) City Manager Molendyk explained that is has come to the attention of staff that there are concerns on the Council's part on the amount of wood fencing which is being used by Century Homes. This project is located on Summerhill Drive just below Tuscany Hills. Mr. Molendyk stated that the Condition of Approval No. 28 reads as follows: A six foot (6') high masonry wall or decorative block wall shall be constructed along the side and rear property lines and shall conform to Section 17.14.080 (Fences and Walls) and Section 17.14.130. Side and rear fencing, where not visible from the right-of-way, may be wood, subject to the approval of the Community Development Director or designee, prior to issuance of building permit, City Manager Molendyk explained that since phase 1 of the project received approvals to use wood fencing in lieu of block walls, Century Homes reques+ced and received approval on February 2, 1993 for wood fencing to be allowed in their phase 2. He stated that the reason this item was placed on the agenda is because there is concern that this development does not meet Condition of Approval No. 28. Mayor Washburn then asked the persons who submitted requests to speak. The following person spoke: Arthur Levine, Century Homes representative, 1535 South °D" Street, San Bernardino, concurred with what Mr. Aller of Centex Homes had said earlier and stated that there are two major aspects, which are the first two'phases which have been approved: and explained that the fencing and placement of the fencing was duly submitted to the staff, as required, for approval and were approved. He gave an overview of the elevation and placement of the fences. He stressed in the two existing phases they were approved. He explained the loan process and the amounts borrowed to complete the phases; which includes the monies for fencing and was based upon the approvals of the City. To increase the masonry required that does not appear on the approved plans would increase the cost of the current development and there are no provisions made to allow for this increase. This would make the project impossible to complete. He advised that Century Homes wishes to cooperate with the City and since the future phases have not been financed, if there were more masonry required, then that could be included within the loan process for the financing of the future phases. He asked that Council consider the position of Century Homes in this matter. Councilman Winkler stated that he is not satisfied with this project and that he has stated his concerns in the past during the Council Comment section and with staff. He commented that you can see the wood fencing from Railroad Canyon Road and those fences will be visible for a long time, and it doesn°t make sense to have block walls on the exterior of the project with the wood fencing visible. City Manager Molendyk stated that there is a video of the project which would clarify the concerns. Community Development Manager Shear explained the video and pointed out the newest fence that was being placed which is on the top of a 30 foot slope. PAGE TWENTY-FIVE - CITY COIINCIL MIN[JTES - OCTOBER 26, 1993 Councilman Winkler explained that Railroad Canyon Road is a major entrance to the City and looking at this'project there will be a lot of wooden fences that are on terraces and will be visible from Railroad Canyon Road and over the years it will look worse and worse. He further explained that one of the reasons for the ordinance which took the ability to waive the requirements from the Planning Commission and gave the responsibility to the Council, was because of this project. He stated that he thought it was a mistake of the Planning Commission, but now he realized that the Planninq Commission had placed Condition No. 28. Mr. Winkler stated that these fences are clearly visible and in violation of Condition No. 28. He explained that there have been discussions within the Council regarding the allocation of monies to replace some of the existing wood fences to improve the appearance of the City. Councilman Winkler stated that in his opinion, since the Council has made their decision regarding fences, there has been a"hurry-up" process at the Century Homes site to build more wood fences. He stated that the Conditions of Approval set by the Planning Commission have not been met and this becomes an overall problem for the community. He explained that if the fencing looks run down then the community looks run down and it then affects the entire community in regard crime and and other issues. Councilman Winkler stated that he felt that the conditions that the Planning Commission have set have not been met and that all construction should stop until the conditions have been met. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO STOP ALL CONSTRUCTION OF CENTURY HOMES UNTIL ALL CONDITIONS OF APPROVAL HAVE BEEN MET. Mayor Washburn commented that if you review Condition No. 28, you recognize that it is a matter of interpretation. He stated that the developer might feel that he can do wood fencing because he feels that it is not in line of sight from a major thoroughfare; whereas a Councilmember or one of the City's Engineers would feel that it was visible from a major thoroughfare. Mayor Washburn emphasized that he did feel that it was a matter of interpretation and that he would like to see the applicant, City staff and a Council representative meet with the developer and review the site and work out appropriate solutions measures in regard to this project. He asked if Councilman Winkler and Councilman Dominquez would include this as an amendment to the Motion. Both Councilman Winkler and Councilman Dominguez agreed to amend the motion as followse AND MEEi WITH THE DEVELOPER AND REVIEW THE SITE FOR COMPLIANCE WITH CONDITION OF APPROVAL NO. 28. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE BY THOSE PRESENT. - PIIBLIC COMMENTS- NON-AGENDI2ED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. EAGE TWENTY-SYS - CITY COONCIL MYNQTEB - OCTOBER 26, 19'93 CITY COONCIL COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECESSED TO'THE REDEVELOPMENT AGENCY MEETING AT 8:59 P.M. `SHE CITY COUNCIL MEETSNG WAS RECONVENED TO A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING AT 9:08 P.M. CLOSED ~ESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION V7ITH THE REDEUELOPMENT AGEA7CY BOARD TO DISCUSS MATTERS OF POTENTIAL LITYGATION AND A SINGLE CRIMINAL CASE, PEOPLE VS. FROHOCK AT 10:05 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:41 P.M. WITH NO ACTION TAKEN MOVED BY WASHBURN, SECONDED BY WINKLER AND APPROVED BY UNANIMOUS VOTE BY THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:41 P.M. A EST9 . (1~-"'~.cYu.V ` VYCKI KASAD, CITY CLERK