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HomeMy WebLinkAbout04-28-1992 City Council MinutesMINUTES REGULAR GITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 28, 1992 ******************************************************************************~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen, Community Services Manager Sapp and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation = Hire a Veteran Week = M~ 4=8~ 1992. (F:122.1) Mayor Washburn read this Proclamation and presented it to Jim Waggoner representing the Veterans Affairs Organization. Mr. Waggoner thanked the Council for this recognition and advised the public of the Veteran's Outstation at 323 N. Main Street, which holds office hours Monday thru Friday from 9 a.m. to 3 p.m. Mayor Washburn encouraged the Veterans of the area to participate and utilize this service. B. Councilman Winkler commented on the recent plane crash at Perris Airport which killed a number of skydivers. He also commented on a friend of his who was one of the victims and an integral part of the Lake Elsinore skydiving history. He recognized Tony Brogdon to comment further. Tony Brogdon, Skydive California, commented on the love of life skydivers share and commented on the skydiving operations and safety in Lake Elsinore. He also commented on work underway to bring more skydiving related events to the City. He advised that after inspection by the Air Traffic Safety Board, the airport and his operation have been declared safe. He presented a skydiving photograph to the City Council for placement in City Hall. C. Mayor Washburn welcomed new Councilmembers Alongi and Cherveny to the Council and briefly highlighted City Council Meeting procedures. THE CITY COUNCIL MEETING WAS RECESSED AT 7:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:26 P.M. PUBLIC COMMENTS = AGENDIZED ITEMS Mayor Washburn advised that he had received requests to address items 9 and 10 of this agenda and they would be handled when those items are discussed. CONSENT CALENDAR Councilman Alongi advised that he would be abstaining on items l.a., l.b. and 8. PAGE TWO - CITY COUNCIL MINUTES - APRIL 28, 1992 The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25 and 27. MOUED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE Of THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - March 24, 1992. (Councilman Alongi abstained from vote). (F:44.4) b. Special City Council Meeting - April 9, 1992. (Councilman Alongi abstained from vote). (F:44.4) c. Regular City Council Meeting - April 14, 1992. (F:44.4) d. Special City Council Meeting - April 21, 1992. (F:44.4) The following Minutes were received and ordered filed: e. Planning Commission Meeting - March 4, 1992. (F:60.3) f. Planning Commission Meeting - March 18, 1992. (F:60.3) 2. Received and ordered filed the Building Activity Report for March, 1992. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report for March, 1992. (f:54.1) 5. Received and ordered filed the Structure Abatement Activity Report for March, 1992. (F:32.4) 6. Received and ordered filed the Investment Reports for: a. February 29, 1992. (F:12.5) b. March 31, 1992. ,(F:12.5) 8. Rejected and referred to Claims Administrator the Claims Against the City submitted by Merlin Jacobsen, Arbor Pro Tree Service, Lynda Selter, Jose Becerra & Southern California Edison Company. (Councilman Alongi abstained from vote). (F:52.2) 24. Accepted Notice of Completion for Terra Cotta Junior High School Park Sports Lighting for R.I.S. Electric,.Inc. (F:114.7) 26. Approved Final Tract Map 24624-6 and authorized recordation to include dedications. (F:160.2) 28. Approved Proclamation for Transit Appreciation.Day on May 13, 1992. (F:122.1) ITEMS PULLED FROM CONSENT CALENDAR 4. L.E.A.F. Animal Control Activitv Reoort = March. 1992. (F:18.2) City Manager Molendyk introduced this item. Councilman Alongi commented on the importance of L.E.A.f.'s operation and detailed specific statistics on euthanized animals and animals turned in by their owners. He stressed the need for strict laws requiring spay and neuter procedures for animals to prevent these statistics. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE ANIMAL CONTRCL ACTIVITY REPORT FOR MARCH 1992. PAGE THREE - CITY COUNCIL MINUTES - APRIL 28, 1992 7. Warrant Lists for: a. March 31' 1992. (F:12.3) b. April 15' 1992. (F:12.3) Councilwoman Cherveny requested that additional information be supplied on larger transactions until she.can gain a comfort level with the information. City Manager Molendyk advised that in the future a narrative line will be included on all transactions over $50,000. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO RATIFY THE WARRANT LISTS AS PRESENTED. 9. Julv 4 Car Show Reauest for Co-Sponsorshi~ & Waiver. (F:64.2) City Manager Molendyk explained that as part of the last two July 4th programs a car show has been presented as part of the celebration. He further explained that at last years celebration, staff was approached by the local car club and they indicated that they would be interested in co-sponsoring this event. Mr. Molendyk also explained that this would be similar to the previous events with the exception that the car club would like to have a beer garden in conjunction with the car show. Mayor Washburn called upon Mr. Harding to represent the Car Club. Mr. Harding, 17428 Ryan Street, explained that it is the intention of the car club to keep this a family event. He further explained that at last year's event there was not a place to get food and.drink and they are proposing a beer garden to meet that request as well as to generate revenue to help defray the cost of the next year's event with a donation of $300 to Special Olympics. He further stated that the Beer Garden would be enclosed by a fence with only one entrance and exit. Councilwoman Cherveny inquired whether the Special Olympics receiving the donation were located in Lake Elsinore. Mr. Harding explained that the Charter Chapter of Special Olympics is located in Murrieta. Councilwoman Cherveny inquired whether a commitment had been made to this organization or if it could be donated to a organization within the City. Mr. Harding explained that they have made a commitment to the Special Olympics, but if the Police Explorers help and there are enough funds generated then a donation could be made to them. Councilman Dominguez inquired how much revenue is expected from this event. Mr. Harding advised that they anticipate approximately $1000. Mayor Washburn questioned the number of volunteers who would assist with clean up. Mr. Harding stated that with the car club volunteers and the volunteers from the Special Olympics chapter there would be plenty of people for staffing and clean-up. Councilman Alongi expressed concern with the serving of alcohol and the City's portion of the cost of the show. Councilman Dominguez agreed with Councilman Alongi regarding alcohol, however he reminded Council that this is a budgeted event which the City includes in the July 4th celebration. He suggested that if the club is selling alcohol to earn money, then give them the $1000 and proceed with the show itself. Councilwoman Cherveny also expressed concern with the serving of alcohol and stated that she would like to see any donations be for organizations within the City. Councilman Winkler asked if the request for waiver and co-sponsorship were like seed money and that within the next few years the car club would pay for the whole thing themselves. City Manager Molendyk confirmed that this was the plan. Councilman Winkler explained that he had no problem with the PAGE FOUR - CITY COUNCIL MINUTES - APRIL 28, 1992 City providing temporary assistance, but would like to see them eventually provide for themselves. Community Services Manager Sapp explained that it is the intent of this organization to eventually take over all the expense of this function. He further explained that this group has held this event at Lake Perris and the Sheriff's Department has complimented them on having no problems. Councilman Dominguez further stated that if there is a problem with the alcohol and the beer garden is their way to make revenue, then give them the $1000 and proceed with the event. Councilman Dominguez again clarified that this is a City sponsored event. Councilman Alongi re-stated his opinion regarding alcoholic 6everages at City functions. Councilman Winkler asked Mr. Sapp if the function would still be presented if alcohol was not allowed. Community Services Manager Sapp explained that the Board of the car club would need to go back and re-evaluate the situation. Councilman Winkler stated that he would prefer there be no alcohol at the event since it has been the policy of Council to have no alcohol at the Fourth of July events. Mayor Washburn explained that this event is something the City has been tryinq to nurture and that it is a viable organization which has offered to co-sponsor this event. He further explained that it is up to the individual to decide if he or she is going to drink, but an enclosed beer garden would be one way to control the situation. Councilwoman Cherveny stated that she would have no problem with them serving food and soft drinks, but is against the serving of alcohol in conjunction with the July 4th events. Councilman Dominguez stressed that this is a City event and not an event of the car club. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 1 WITH WASHBURN CASTING THE DISSENTING VOTE TO SEND THE I7EM BACK TO STAFF TO ALLOW A RE-EVALUATION BY STAFF AND THE CAR CLUB OF THE FUNCTION WITHOUT THE BEER GARDEN. 10. Chamber of Commerce Frontier Davs Parade Reauest/Waiver of Fees. (F:108.4) City Manager Molendyk gave a brief overview of the project and pointed out the staff report break down of the amount requested as fees for the parade. He explained the City Council is the only level empowered to waive the fees as requested. Mayor Washburn then invited Joan Rhodes, President of the Chamber of Commerce to address the Council. Joan Rhodes, 973 Lori Way, asked that the City Council waive the Parade. She explained that this event would present the and is for the benefit of the entire Community. She further this function does not generate any income and that the Miss and the Rodeo fees are paid. She stressed that this event is provide entertainment to the residents of the City of Lake E felt that the fees should be waived. the fees for downtown area explained that Rodeo Pageant strictly to Isinore and she Councilwoman Cherveny advised that she is in favor of waiving the fees because the parade is co-sponsored by the City of Lake Elsinore and it is for all the people of the City of Lake Els.inore without cost to them. She further stated that this was a good way for the City and Chamber to work together. Mayor Washburn asked for clarification in regard to the fees for the parade last year. PAGE FIVE - CITY COUNCIL MINUTES - APRIL 28, 1992 Community Services Manager Sapp explained that the City was a co-sponsor last year and the fees were paid, but this year the City was not asked to be a co-sponsor and 'tt was requested that the fees be waived. Councilman Alongi asked that Hilda Barnhart address Council to clarify this issue. Hilda Barnhart, representing :the Parade Committee, explained that she was not aware that the committee had to approach City Council each year for co-sponsorship, since this event has been co-sponsored by the City since 1984. She then read the invitations for this year which did represent the City as a co-sponsor. Mayor Washburn expressed his concern regarding the fact that volunteers are not always there and the City staff ends up doing all the work, with compensation being paid by the City's General Fund Councilman Alongi stated that last year there was a break down in communication, but he was sure that the Chamber would provide the volunteers to work the parade this year. He further stated that he did not understand the City's position in regard to supporting the car club event and not supporting the Chamber in regard to the parade. He explained that the City should co-sponsor the parade as it is a civic function and is for the entire community and that the fees should be waived because it is for everyone. Councilman Dominguez explained that it is Council Policy not to waive the fees and if we are going to waive fees on these type of events then it should be addressed in a Council Policy change to ~ddress future events, but at this time the Policy should stand and Council should follow staff recommendations. Mayor Washburn asked what the minimum amount of volunteers would be necessary to work the parade. Community Services Manager Sapp stated that a minimum of fifteen (15) are needed for manning the barricades and working the route. Councilman Winkler expressed his concern in regard to how many events the City would be involved in. Councilman Dominguez stated that the Christmas Parade should be the only City co-sponsored parade. Councilman Alongi stated that in other cities the Chambers of Commerce and cities work closely and there should be no conflict here. Mayor Washburn stated that Council needed to determine Policy so that the Budget could reflect these events. Councilwoman Cherveny stated that the Council should address and change policy in regard to this issue. Councilman Winkler explained that there is a policy set and when it is compromised by waiving fees it weakens the Council's position. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO APPROVE STAFF RECOMMENDATION TO DENY THE WAIVER OF FEES AND TO CONSIDER A REVISION OF COUNCIL POLICY. THIS MOTION WAS DEFEATED BY A VOTE OF 2 AYES TO 3 NOES. MOVED BY CHERUENY, SECONDED BY WASHBURN AND CARRIED BY A 3 TO 2 WITH DOMINGUEZ AND WINKLER CASTING THE DISSENTING VOTES TO WAIVE THE FEES FOR TNE LAKE ELSINORE CHAMBER OF COMMERCE FRONTIER DAYS PARADE AND TO CONSIDER REVISION OF THE COUNCIL POLICY. 11. Chan4e of Ownershin = Sahara Dunes Casino. Inc. (F:34.1) City Manager Molendyk highlighted this request for transfer of ownership. PAGE SIX - CITY COUNCIL MINUTES - APRIL 28, 1992 Councilwoman Cherveny inquired whether the Ordinance regulating fees could be amended after this approval. City Attorney Harper advised that it can be amended at any time and commented on previous fee amendment discussions. He further advised that the Attorney for the applicant is aware of the potential that the fees could change. He also advised that he believes that amendment will be on the May 12th agenda. Councilwoman Cherveny inquired whether the City held the "pointholder affidavit" referenced in Section 5.28.120 of the Municipal Code. City Attorney Harper advised that they were not yet received because the transfer is not complete; and explained that his recommendation would be to approve the transfer subject to approval by the Department of Justice. Councilman Alongi questioned placing a requirement that the property be hooked up to sewer and suggested that staff assist in the extension of the line. City Attorney Harper suggested that this would be most appropriately addressed at the time plans for rennovation of the building are approved. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE TRANSFER OF OWNERSHIP FOR THE SAHARA DUNES CASINO, INC., SUBJECT TO APPROVAL BY THE DEPARTMENT OF JUSTICE. 12. Parkin4 Restrictions on Main Street. Resolution No. 92-24. (F:112.1) City Manager Molendyk explained the item and prior considerations. He further explained the timing proposed to allow for cleaning of streets and sidewalks. He added that some concerns have been voiced by two or three businesses in the area. Councilwoman Cherveny advised that she would like to see the two hour parking in place but requested a continuance to look at some concerns expressed by area business owners. Councilman Dominguez suggested that this item be referred back to the Public Works Committee for further review. Councilman Alongi questioned the direction to refer this item back to the Public Works Committee. Mayor Washburn clarified that he feels it should go back to the Public Works Committee, because the committee now has new members to review it. MOVED BY CNERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. 13. Human Service Center/Lake Elsinore Unified School District Memorandum of Understandinp. (F:64.4) Mayor Washburn detailed this item and its purpose. Councilman Alongi questioned whether grant funding being pursued would eliminate the need of this center for C.D.B.G. funds. Mayor Washburn advised that it would not necessarily mean that, because individual programs might still request funding. City Attorney Harper reminded the Council that C.D.B.G. funds would be considered during the annual public hearing for the grant funds. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SIGNATURE OF THE MEMORANDUM OF UNDERSTANDING. 14. Repuest for Refund of Buildinp Permits _ Woodcrest Develooment. Inc. - Tract 17413-3. (F:160.2) - - Councilwoman Cherveny requested clarification that these are fees paid in PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 28, 1992 advance for which they are requesting a refund. She questioned the City's policy for this type .of refund and the need to draw from reserves to fund the refund. She further questioned the payment of taxes and how the City could insure where the money would go. Administrative Services Director Boone advised that the check would be made payable to Woodcrest Development and the Tax Collector jointly. Councilman Alongi inquired what the current tax liability is. Administrative Services Director Boone advised that it is approximately $300,000. City Attorney Harper clarified that there is no legal obligation to refund building permit fees and that many building permits are never used. He explained that if Council prefers, there are allowances for reimbursement of fees under some circumstances. Councilman Alongi commented that the permits were pulled in advance to avoid payment of increased Elsinore Valley Municipal Water District charges, and that was the chance they took. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DENY THE REQUEST FOR REFUND. Councilwoman Cherveny stressed the importance of adhering to prior policy. 15. Mortaaqe Credit Certificate Program = Coooerative Aareement with Countv of Riverside = Resolution No. 92-25. (F:68.1) Councilwoman Cherveny expressed concern that only ten homeowners have utilized this program. She stressed the need to publicize the program better. City Attorney Harper advised that staff is currently reviewing a "first-time buyer" program which would hopefully draw a greater use. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION N0. 92-25: RESOLUTION N0. 92-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN APPLICATION ?0 THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE AND TO PERMTT THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES IN LIEU OF QUALIFIED MORTGAGE BONDS. 16. Chanqe Order for the 16" Rice Canvon Water Transmission Main. Communitv Facilities District 88-3. (F:22.3) Councilwoman Cherveny requested details on items 16 through 21 of this agenda relating to Community Facilities District 88-3. She commented that it is her understanding that these change orders are due to other agencies making changes after the fact. City Manager Molendyk commented generally on the Community Facilities District and suggested that Council may wish to attend a meeting of the district participants to gain a better understanding of the project. Peter Savello, Paul Moote and Associates, construction managers for Community Facilities District 88-3, stressed the differences between these projects and other public works projects. He specifically addressed Joy Street as an example, indicating that once work had begun a number of unknowns were encountered due to the age of the original improvements such as locations of water and gas lines. He then detailed each change order in items 16 through 21 respectively. Mr. Savello explained that the Rice Canyon Water Transmission Line is located at the end of Mountain Street and extends approximately 1-1/4 PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 28, 1992 miles through the canyon. He further explained that this is a highly sensitive area with regard to Fish and Game and flooding. He detailed the upgraded facilities in this change order to address the the risk of flooding. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 17. Chanae Order for Storm Drain Channel "Line B-1" Sta e 11 at Machado Street. Communitv Facilities District 88-3. (F:22.3) Mr. Savello explained that this is the existing channel from the Lake to Machado Street, which is being extended to Grand Avenue and beyond. He advised that this change order was a field decision to replace welded water line joints under the channel with flanged joints to allow for easier future repairs. He further explained that a gas main was replaced at additional cost, however, it took four days rather than the 5 or 6 weeks projected by the Gas Company. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 18. Chan4e Order No. 2 for Trunk Sewer and Lincoln Waterline Relocation. Phase I~ Communitv Facilities District 88-3. (F:22.3) Mr. Savello advised that this project is now complete. It involves a 48" sewer pipe and waterline relocations on Lincoln Street. He further advised that this change order is because of the wrong materials being received and some previously unspecified costs for flanged fittings. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 19. Chanqe Order No. 3 for Robb Road Booster Pumo Station Improvements, Communitv facilities District 88-3. (F:22.3) Mr. Savello advised that this project was originally planned to remove and replace a portion of the existing concrete and once work began, there was more concrete which needed replacement, as well as some replacement work on the wrought iron fence. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPRO~E THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 20. Chan4e Order No. 3 for Lincoln Street and Grand Avenue Street Imorovements, Communitv Facilities District 88-3. (F:22.3) Mr. Savello explained that this was originally a City project, which is being financed by the Community Facilities District for reimbursement at a later date. He further explained that the original plan was to have the trees and fences removed through other means, however, timing became an issue and the Districi, proceeded with the work. MOVED BY CHERVENY, SECONDFD BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF TNIS AGENDA. 21. Chanqe Order No. 5 for Storm Drain "Line C" and "C-1" on California Street, St. Clair Street and J~ Street. Communitv Facilities Dis~rict 88-3 Pre-Cast Pi e Or~. (F:22.3) Mr. Savello advised that this was the area of concern earlier mentioned with old improvements and unknown qas and water line locations. He also advised that repair of all of Joy Street became necessary with the problems encountered. Mr. Savello generally commented on the projects in this District and responded to comments that other agencies have impacted this projects by saying that all agencies involved worked as a team to address the progress. PAGE NINE - CITY COUNCIL MINUTES - APRIL 28, 1992 He stressed that the biggest problems encountered have been with the status of existing improvements. City Manager Molendyk questioned the financial responsibilities in the field for changes to the projects. Mr. Savello stressed the factors which were unknown in the beginning or could have been missed in plan check. He further stressed that many of. the additions should have been included originally. He also stressed that a number of the developments have gotten to the point where they could be factored into the needs of the area. Councilwoman Cherveny questioned the ability to recover costs. Mayor Washburn clarified that it is not a matter of recovering costs, in that the improvements are funded by the District. Mr. Savello further clarified that it is anticipated that the final cost for the improvements will be under the original budget. MOVED BY CHERVENY, SECONDED BY WfNKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS INCLUDED IN ITEMS 16 THROUGH 21 OF THIS AGENDA. 22. Reimbursement to Southern California Gas Companv for Pavin4 on Lakeshore Drive. (F:156.1) City Manager Molendyk detailed this item and explained that this was the portion of the costs agreed to by the City for 1/2 of the width paved. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE REIMBURSEMENT TO SOUTHERN CALIFORNIA GAS COMPANY IN THE AMOUNT OF $55,006.70. 23. Notice of Completion for Countrv Club Hei hts Pavina Pro.iect. California Asohalt & Gradinq, Inc. (F:156.2) Councilwoman Cherveny requested verification that this was not funded through the General fund. Administrative Services Director Boone explained that this work was completed through Measure A Funds (the 1/2 cent sales tax in Riverside County) and in-lieu fees collected for development in that area. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION FOR THE COUNTRY CLUB HEIGHTS PAVING PROJECT. 25. Notice of Comoletion for Trunk Sewer Line Improvements and Lincoln Street Waterline Relocations, Communitv Facilities District 88-3. (F:22.3) Councilwoman Cherveny advised that her questions on this item were answered earlier in connection with items 16 through 21. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION FOR TRUNK SEWER LINE IMPROVEMENTS AND LINCOLN STREET WATERLINE RELOCATIONS. 27. Business License Application = Main Street Doas. (F:34.1) City Manager Molendyk gave a brief overview of the history of this operation and explained that after 90 days the business was required to come before City Council for reconsideration. He advised that this concession was in conformance with the theme of the Master Plan for the Downtown area. Councilman Alongi expressed his concerns with the City subsidizing a business and allowing operation of that business in a red zone. Mr. Alongi inquired whether the cart could be moved to a different site and if this item could be continued for 30 days and a study session set to review this issue. Councilwoman Cherveny questioned the hours of operation of the business. City Manager Molendyk stated that the operation would be in the day time PAGE TEN - CITY COUNCIL MINUTES - APRIL 28, 1992 jUjy with occasional evenings for special events such as the Fourth of Y• Councilman Dominguez explained that this business has conformed with the laws just as any other business must and stated that he is opposed to a 30 day delay. There was general discussion in regard to the new cart. Mayor Washburn questioned Mr. Burns in regard to any alternate site. Bobby Burns, Main Street Dogs, advised that it is illegal to park his cart on the sidewalk and that he is not parked in a red zone. He also clarified that the cart is on Graham and not Main Street and that he removes his trash and residue at the end of each day. Councilman Dominguez asked for a City Attorney opinion in regard to the legality of this matter. City Attorney explained that the only legal issue or concern is with the contribution of the utility service. He further explained that the Business License is a tax and not a right to do business, as that is a determination of zoning. The zoning clarifies what can and cannot be done in a certain area. The problem with connection to a utility is resolved if it is the only available service to the business. Councilman Dominguez stated that this business pays the City for the use of the electricity. Mayor Washburn questioned the Business License versus a Conditional Use Permit or a Franchise. City Attorney Harper stated that a Franchise is a specific issue and does not apply to this business. He further stated that in this case it was more in line with a Conditional Use Permit. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE BUSINESS LICENSE APPLICATION OF MAIN STREET DOGS. MAYOR WASHBURN DECLARED A RECESS AT 9:15 P.M. THE CITY COUNCIL MEETING REGONVENED AT 9:24 P.M. PUBLIC HEARINGS 31. Communitv Facilities District 91=2 (Summerhill~. (F:22.3) City Attorney Harper recommended that this hearing be opened and continued to May 12, 1992. He explained that the purpose of this item was to reconsider the rate and method of taxation to reduce the current level of tax. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:25 p.m., asking those persons interested in this item to speak. No one spoke. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MAY 12, 1992. 32. Recoverv of Expenditures = Removal of Illeaal Si n and Posts = AP #373-073-014 = Ad.iacent to I=15 off Franklin Street. (F:32.4) City Manager Molendyk detailed this item and briefly commented on the abatement process for which total cost was. $225.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:26 p.m. asking those persons PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 28, 1992 interested in this item to speak. Hearing no one, the public hearing was closed at 9:26 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONFTRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Recoverv of Ex~enditures = Removal of Ille4al Si4n and Posts - AP #363-100-020 = Ad.iacent to I=15 off Franklin Street. (F:32.4) City Manager Molendyk highlighted this item for which total cost was $335.00: The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:27 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:27 p.m. Councilman Alongi questioned whether these signs were owned by the property owner. City Attorney Harper advised that it varies, but generally it is off-site signage placed with at least tacit approval of the owner. Councilman Alongi inquired whether permits were requested for these signs. Community Development Manager Shear indicated that no permits were issued or approved. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. City Attorney Harper commented on this illegal sign issue and on a larger scale the billboard issue with Outdoor Media Group. He advised that the court denied the request of O.M.G. to require the City to replace the bi:llboard removed from the area adjacent to I-15. 34. Recoverv of Expenditures = Removal of Trash and Debris - AP #378-301-007 - Vacant Lot near Brown & Lash Streets. (F:32.4) - City Manager Molendyk detailed this item for which the total cost was $290.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:30 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:30 p.m. Councilman Alongi questioned this abatement and inquired whether staff could provide information on the owners of the property, specifically whether they are local or out of state residents. Community Development Manager Shear indicated that information could be provided in the future. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 35. Recoverv of Expenditures = Removal of Trash and Debris and Trimminq of Trees = AP #378-301-013 = Vacant Lot near Brown & Lash Streets. (F:32.4) City Manager Molendyk detailed this abatement for which the total cost was $400.00. The City Clerk reported no written comments or protests. PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 28, 1992 Mayor Washburn opened the public hearing at 9:32 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:32 p.m. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 36. Recoverv of Exoenditures = Removal of Illeaal Siqns and Posts = AP #363-100-049 = Vacant Lot Ad.iacent to the I=15 off Franklin Street. (F:32.4) City Manager Molendyk detailed this item and the costs involved being $225.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:33 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:33 p.m. Councilman Alongi requested clearer photographs of the materials abated. He specifically would like to be able to determine the sizes and types of materials removed. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SER~ICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 37. Recoverv of Ex~enditur~es = Removal of Inonerable Vehicle. Fencinq and Debris = 359 Avenue 6. (F:32.4) City Manager Molendyk detailed the abatement and costs involved totaling $290.00. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:35 p.m, asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:35 p.m. . Councilman Alongi again requested photos of the abated materials. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 38. Hearinq of Protests to Notices to Destrov Weeds. Remove Rubbish, Refuse and Dirt. (F:166.1) City Manager Molendyk explained the purpose of this hearing and the noticing process and gave an overview of the program. He stressed the hope that the property owners would clean their own parcels and this type of program would not be necessary. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:38 p.m. The following people spoke: Lolene Swallow, a resident of Sun City, commented on seven small parcels owned by her family on Ingalls Circle. She expressed concern with the individual parcels being charged individual Administrative Charges that would make the cost for her two acres more than a single five acre parcel. She further expressed concern that they were uncertain as to property lines and how far up the slope they would be responsible for clearing. PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 City Attorney Harper explained that the administrative fees are based on the cost of title searches and other steps required in the abatement process which are the. same no matter how large the parcel is. Mayor Washburn suggested that Mrs. Swallow contact Community Development Manager Shear for clarification of lot lines and requirements. Paul Fiedor, resident of Leisure World, commented on the problems he has had with his property on Iowa Street since the 1980 floods. He indicated that he has been denied the ability to build on his property and expressed concern with now being required to clear his weeds. He questioned the City's attempts to look out for his best interests. Mayor Washburn requested that Community Development Manager Shear investigate Mr. Fiedor's concerns. Councilman Alongi questioned the fees proposed and the accessibility to Mr. Fiedor's property for discing. Mr. Fiedor confirmed that the property would be accessible for discing. Mayor Washburn suggested that Mr. Fiedor work with staff before the City's contractor begins work. Mayor Washburn closed the public hearing at 9:50 p.m. Councilwoman Cherveny detailed a letter she received this date from Mr. Sonq and requested that it be handled. Mayor Washburn suggested that staff follow-up with Mr. Song. Councilman Alongi suggested consideration of an annual discing program which would be done automatically and reduce costs. City Attorney Harper commented that there would be a few potential prob7ems with that type of program and basically the liens would be about the same cost. Mayor Washburn recommended that this suggestion be reviewed by the Public Works Committee. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO DIRECT THE CHIEF BUILDING OFFICIAL TO PROCEED WITH ABATEMENT OF ALL LOTS NOT ABATED BY THE OWNERS BY MAY 26, 1992. 39. Annexation No. 61,_ General Plan Amendment 91-3. Zone Chanae 91-5. Tentative Tract Ma~ 26409 = Tomlinson & Sons - Zimmerman (Continued from Februarv 11~ and March 10,_ 1992 . Resolution Nos. 92-11 and 92-12 & Ordinance No. 931. (F:160.2)(X:20.2)(X:83.2)(X:172.2) City Manager Molendyk detailed this request and advised that it had been continued previously to allow discussion with the area residents who had concerns about it. He explained the changes agreed to by the applicant. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:57 p.m. asking those persons in opposition to this project to speak. Hearing no one, he asked those persons in support to speak. The following person spoke: George Zimmerman, applicant, 835 W. Christopher, West Covina, commented on the design of this plan whiCh has been in the works for nearly two years. He further. commented that he feels the concerns have been addressed and all requirements have been met. He explained that pursuant to discussions with the residents, the R-3 area of the project has been reduced to R-2. Mayor Washburn closed the public hearing at 10:00 p.m. Councilwoman Cherveny encouraged other developers to work with current residents to prevent problems with new development and expressed her appreciation to Mr. Zimmerman for his efforts. Councilman Alongi questioned Condition #29 regarding rear slopes of the lots. He suggested that ten feet is not adequate and he would prefer to see a three foot retaining wall to increase that distance to fifteen feet. PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 Mr. Zimmerman clarified that nothing regarding design of the homes has been considered yet. He requested that this matter be delayed until the homes are designed. He suggested that possibly at that time patios will be a part of the proposal. He agreed that he also would like to see more than ten feet. Councilman Alongi questioned the requirements for parks. Mr. Zimmerman clarified that the residents requested a park, but that was not proposed as a condition. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE COMMENCEMENT Of PROCEEDS FOR ANNEXATION 61 AND ADOPT RESOLUTION N0. 92-11; APPROVE GENERAL PLAN AMENDMENT 91-3 AND ADOPT RESOLUTION N0. 92-12; APPROVE TENTATIVE TRACT MAP 24609; APPRO~E MITIGATED NEGATIVE DECLARATION 91-14 AND APPROVE ZONE CHANGE 91-5 AND ADOPT ORDINANCE N0. 931, ALL SUBJECT TO THE FINDINGS AND CONDITIONS AS FOLLOW: RESOLUTION N0. 92-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION N0. 61 - WILLIAM TOMLINSON (TOMLINSON & SONS)". RESOLUTION N0. 92-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1992. ORDINANCE N0. 931 AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 47 ACRES TO 38 ACRES Of R-1 SINGLE-FAMILY RESIDENTIAL, FIVE (5) ACRES OF R-2 MEDIUM DENSITY RESIDENTIAL, AND THREE (3) ACRES OF C-1 NEIGHBORHOOD COMMERCIAL, LOCATED AT THE SOUTHWEST INTERSECTION OF RIVERSIDE DRIVE AND GRAND AVENUE BOUNDED BY DREYCOTT WAY AND LAKEVIEW AVENUE TO THE WEST AND SOUTH, RESPECTIVELY (ZONE CHANGE 91-5: WILLIAM M. TOMLINSON (TOMLINSON & SONS) , UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI,~~CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Findinas - Annexation No. 61 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 r~ot result in any significant adverse impacts on the environment. Findinqs = General Plan A~sendment 91-3 1. The approval of the requested designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health safety and welfare. 2. Granting of the requested designationS will permit reasonable development of the property consistent wath its constraints and more compatible with adjacent properties and proposed development. 3. The proposed General Plan Amendment would establish a land use density PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 and usage more in character with the subject property's location, access and constraints. 4. The proposed change will not result in any significant adverse impacts on the environment. Findinas _ Zone Chan4e 91-5 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan and the proposed General Plan Amendment. 3. This zone change establishes the necessary pre-zoning for this site. 4. This request will not result in any significant adverse impacts on the environment. Findinqs = Tentative Tract Map 24609 l. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and 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 and needs against the public service needs of its residents and available fiscal and environmental resources have been considered and balanced. 3. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3). 4. It shall be determined whether or not the discharge of waste from the proposed subdivision into the existing sewer system will result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the determination is that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps of the subdivision. (Government Code Section 66474.6) 5. Tentative Tract Map 24609 shall become effective at such time as annexation of the site to the City of Lake Elsinore is approved by the City Council and the Local Agency Formation Commission and recorded. Plannina Division Conditions = Tract Map 24609 1. Tentative Tract Map 24609 is approved subject to the approval of Annexation Number 61 by LAFCO. 2. Tentative Tract Map 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. 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. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. Signage for this subdivision shall require City Permits. PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 6. The City's Noise Ordinance must be met during all site preparation activity. 7. Street names within the subdivision shall be approved by the Planning Division. 8. All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 9. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. Bonding shall be done by final map(s) for all improvements and grading. 10. Pay all applicable fees in force at time of issuance of building permits. 11. Prior to final approval of Tract Map 24609 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 12. 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-1 Zoning District. 13. Comply with all conditions of the Riverside County Fire Department. 14. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside county Fire Department and the Community Development Director. 15. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 16. The applicant shall provide connection to public sewer for each lot within the subdivision . No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the E.V.M.W.D. 17. Meet all requirements of Southern California Edison Company. 18. Meet all requirements of Southern California Gas Company. 19. Meet all requirements of General Telephone. 20. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 21. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired), back-up wall areas, street trees and slope planting in accordance with the City Landscape guidelines, prior to issuance of building permits. 22. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject tot he approval of the City Attorney, Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 23. 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. PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 24. A decorative block or masonry wall shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 25. 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 the 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. 26. 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. 27. DELETED. 28. Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire 6reaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. 29. The slope in the rear portions of Lots 35-42, 51-52, 68-72, and 104-105 shall be reduced to allow for adequate building footprint and a ten-foot (10') setback from the structure and the toe of the slope (Section ll.23.080 of the Lake Elsinore Municipal Code). 30. Prior to final recordation of the tentative map the applicant or his consultant (Triad Geotechnical Consultants) shall adequately respond to comments made by the State of California Department of Conservation division of Mines and Geology (in a letter dated January 2, 1992. The responses shall be included with the environmental documentation for the project (Mitigated Negative Declaration 91-14). 31. On the grading plan the proposed drainage inlet and retention basin within the rear of Lot 109 shall be designed to the satisfaction of the Planning and Engineering Divisions. 32. Applicant shall follow all applicable mitigation measures established within the Mitigation Monitoring Program of Mitigated Negative Declaration 91-14. 33. Slope Maintenance along right-of-ways shall be maintained by a landscaping and lighting maintenance assessment district or homeowners association(s), subject to Community Development Director approval. 34. Prior to the approval of the finalized tentative map, applicant shall have entered into a school impact mitigation agreement with the school district. 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. City should investigate the feasibility of securing additional fees. Enqineerinq Deaartment Conditions 35. 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. PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 28, 1992 36. Dedicate underground water rights 16, Chapter 16.52.030). Document Department. to the City (Municipal code, Title can be obtained from the Engineering 37. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26. 38. Submit a"Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 39. 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. 40. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78. 41. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 42. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 43. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) shall be the responsibility of the property owner or his agent. 44. Provide fire protection facilities as required in writing by Riverside County Fire Department. 45. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 46. Submit Nydrology and Hydraulic Study for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage, subject to City Engineer approval. 47. All drainage facilities in this tract shall be concrete lined, except retention basins, and constructed to Riverside County Flood Control District Standards. 48. With the development of this site, all storm facilities shall provide tract and immediai:e downstream property owners with 100 year storm flood protections. 49. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 50. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acc8ptance or conveyed to a drainage easement. 51. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 52. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 53. Map shall provide for all local streets to have sixty-foot (60') right-of-way with forty-foot (40') curb-to-curb. Restricted local streets (cul-de-sacs) shall have fifty-foot (50') with a three-foot PAGE NINETEEM - CITY COUNCIL MINUTES - APRIL 28, 1992 (3') utility easement on each side. 54. All utilities except electrical over 12kv shall be placed underground, as approved by serving utility. 55. Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 56. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 57. Annexation to the City's Landscaping and Lighting District is required prior to approval of a final tract map. 58. The Geology Report submitted for the subdivision shall include: a. Identification of all faults to define potential hazards. b. Stability of manmade slopes under either static or dynamic conditions. c. Differential settlement of engineered fills of significant thickness. 59. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing. 60. Developer shall contribute a pro-rata share for the design and construction for the proposed traffic circulation improvements recommended in a study prepared by Traffic Safety Engineers (Revision #1); more specifically described as follows: 5.5% for traffic signal at Grand and Riverside. 61. If Lakeview Avenue is to be abandoned as part of this developer, then adjacent property owner of Assessor's Parcel No 387-230-007 must agree to the abandonment and have access to public maintained right-of-way. 62. If Lakeview Avenue is abandoned then this tract shall provide a cul-de-sac terminus for existing Lakeview Avenue at the southerly corner of the tract. 63. Adjacent property owner to the south must agree to Riverside Drive and "H" Street extension or these streets shall end in a cul-de-sac. 64. Riverside Drive Improvements south of Lot 106 shall be half street improvements plus ten-feet (10') for two (2) travel lanes. 65. The storm drain channel along the southerly corner of the tract shall be dedicated to Riverside County Flood Control District (RCFCD). Lots 127, 126, 125, 124, 123 and 122 may need flood protection from the channel depending on capacity of the channel. Protection to be determined by City Engineer and RCfCD prior to final map approval. 66. This developer shall construct a portion of the Master Plan of Drainage and enter into an agreement with the City for a waiver of drainage fees. 67. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for a Natural Pollutant Discharge System Permit prior to issuance of grading or building permits. 68. This tract map is to be developed in one single phase. PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 28, 1992 69. Desirable grade for local streets is nine percent (9%). The maximum grade of fifteen percent (15%) should only be used because of design constraints. BUSINESS ITEMS 51. Extension of Time for Tentative Parcel Map No. 24571, Rancon Realtv Fund IV. (F:110.2) City Manager Molendyk detailed this item and recent discussions with the applicant pertaining to the future potential for a cloverleaf off-ramp utilizing a portion of this property. He explained that Condition #47 is intended to allow for future negotiation with the applicant for the taking of property. He recommended a one year extension to allow this project to proceed. Dennis Chiniaff, representing Rancon, advised that they have been working on this project for quite some time and site design had been completed prior to the discussion of the cloverleaf. He expressed their willingness to get the project going and that they agree to all of the conditions with the amendment of Condition #47 as proposed. MOUED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO GRANT THE ONE YEAR EXTENSION OF TIME. 52. Truck Route Ordinance Amendment = Ordinance No. 932 & Resolution No. 92-26. (F:162.1) - City Manager Molendyk explained this item which would make enforcement easier due to the three ton limitation rather than the two ton limit. Mayor Pro Tem Dominguez questioned the enforceability of the new Ordinance. Sheriff Captain Daniel confirmed that this ordinance would be enforceable. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE N0. 932 AND RESOLUTION N0. 92-26. ORDINANCE N0. 932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING MUNICIPAL CODE SECTIONS 10.24.010, 10.24.030, AND 10.40.110 RELATING TO WEIGHT LIMITATION FOR COMMERCIAL VEHICLES ON STREETS EXCEPT DESIGNATED TRUCK ROUTES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CHERVENY, DOMINGUEZ, WINKLER, WASHBURN 53. Update on Senate Bill 1697 = Verbal Reoort. (F:96.1)(X:92.1) City Manager Molendyk explained that Assemblyman Kelley has sponsored Assembly Bill 1697, wf~ich would authorize the State Parks Director to officially negotiate the transfer of Lake Elsinore to the City. He further explained that as a result of the bill there are neighbors on the other side of the lake who are concerned with the language that they might loose their right to launch from their property. The letter presented is intended to provide proof of the City's willingness and intent to work with the property owners from that side of the Lake. He further explained that after the bill passes, the City will then proceed to negotiate with the State Park Department and Elsinore Va11ey.Municipal Water District to work out the final agreement. Mayor Washburn gave a brief overview of the meeting held with the affected property owners. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - APRIL 28, 1992 Mayor Washburn then called upon the following members of the audience to address Council: Peter Dawson, 33933 Cedar Drive, representing several property owners associations, explained that they felt the letter did not clarify the City's interests or intentions in this matter. He further explained that no rights or privileges have_been granted or promised and the letter is, in his opinion, a hollow promise:. Mr. Dawson addressed the meeting held with the Mayor and stated that he felt there was still no assurance that the property owners rights would be protected by the City. Eric 'Chinlund, 17170 Grand Avenue, representing a portion of the lake front property owners, expressed his concern with the proposed greenbelt around the Lake, which,would prevent their direct access and invade their privacy. Robert Houts, 32946 Rose Ave, representing Vista Del Lago Property Owners Association asked Council to respect property owners rights and oppose Eminent Domain for developmertt of a greenbelt area. He stated that he feels that would be in violation of their property rights. Penny Baker, 32840 Ortega Highway, addressed the agreement between the City and Elsinore Valley Municipal Water District and asked that Council reconsider their stand in regard to the Lake. PUBLIC COMMENTS = NON-AGENDIZED ITEMS Robert DeWitt, 15130 Via Valle, commented on the theme used on Main Street and complained that he does not feel it is consistent with the 1920's and it has eliminated needed parking in the downtown area. He commented on the use of City funds to perform a study for a freeway off-ramp which is outside City Limits. Tony Gilenson, 151 N. Torn Ranch Road, addressed the septic problems which the . Amber Ridge Tract has been experiencing for years and has been in litigation over. He requested that Council consider assisting the property owners, who are desperate to solve the problems. CITY MANAGER COMMENTS City Manager Molendyk announced that final approval from the Corps. of Engineers for repair of the Lakeshore Bridge had been received. Mr. Molendyk further advised that a grant is being pursued for the wetlands mitigation requirements on Collier Avenue. He also advised that the Stop Sign at Grand Avenue and Ortega Highway should be in place by May 29th or June 1 to include stripping and necessary markings. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on her happiness with being a member of the City Council, however, she advised that she had no intention of bungee jumping or skydiving. Councilman Alongi commented that he would like to see the City work out a joint venture to resolve the septic system problems detailed by Mr. Gilenson. He suggested that Code Enforcement be lenient with this situation. He also advised that he was happy to be a part of the City Council. Councilman Winkler addressed the litigation regarding the Amber Ridge Tract and - inquired whether the City Attorney could review the problems and give an opinion in regard to assistance by the City. He further stated that he knew that the Redevelopment Area was adjacent to this tract, but the tract is not in the Redevelopment Area. City Attorney Harper advised that several areas can be explored, but the formation of an assessment district might speed the resolution of the problem by hooking the property owners up to sewer. Councilman Winkler suggested that Stan Smith of Wildomar MAC, be appraised of PAGE TWENTY-TWO - CITY COUNCIL MINUTES - APRIL 28, 1992 the findings on the Olive Street off-ramp study and his input obtained. Councilman Winkler clarified his vote for a waiver of fees for the Chamber Parade due to the recession, but would like to see a day when there is no waiver of fees. He further commended the City's recreation staff for jobs well done in assisting with these events in the past. Councilman Winkler also addressed the there had been Chamber events at the and that this should be addressed. issue of the Beer Garden and stated that Community Center which included alcohol City Council Committee Appointments Mayor Washburn made the following City Council Committee appointments: Finance Committee - Mayor Washburn and Redevelopment Agency Chair Cherveny. Public Works Committee - Councilmembers Dominguez and Alongi. Lake Stabilization - Councilmembers Washburn and Alongi. Public Safety Committee - Councilmembers Cherveny and Alongi. Design Review Committee - Councilmembers Dominguez and Cherveny. League of California Cities - Councilmembers Winkler and Dominguez. Mayors & Councilmembers Conference of Riverside County - Councilmembers Alongi and Cherveny. Inland Empire Division - League of California Cities - Councilmembers Cherveny and Winkler. Western Riverside Council of Governments - Councilmembers Winkler and Washburn. Park Committee - Councilmembers Dominguez and Winkler. Chamber of Commerce/D.B.A./etc. - Councilmembers Alongi and Winkler. Senior Citizens Center - Councilmembers Alongi and Cherveny. Habitat Conservation Agency - Councilmembers Alongi and Cherveny. Southern California Joint Powers Insurance Authority - Councilmembers Cherveny and Alongi. Nuisance Abatement Board - Councilmembers Dominguez and Washburn. Planning Commission Liaison - Councilmembers Washburn and Dominguez. CLOSED SESSION None. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL ME ING AT 10:50 P.M. 2 ~. ~~~~~ A Y . WASHBURN, MAYOR CI F LAKE ELSINORE A TEST.~ ~ , ~{~~ VICKI KASAD, CITY CLERK CITY Of LAKE ELSINORE