HomeMy WebLinkAbout07-14-1992 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
545 CNANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JULY 14, 1992
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Washburn at 7:02
p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Clerk Kasad.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN
ABSENT: COUNCILMEMBERS: CHERVENY
Also present were: City Manager Molendyk, City Attorney Harper, City Treasurer
Pape, City Planner Christen, Community Services Manager Sapp, Engineering
Manager 0'Donnell, Special Projects Coordinator Basham and City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
A. Presentation _ Riverside Countv Centennial Commission. (F:140.1)
Jeanie Corral, representing the Centennial Commission, commented on the
upcoming Centennial events and presented the City Council members with
Centennial Pins. She also thanked the City Council for assisting the
School District with an area to house the school buses until a District
Facility was available. She advised that the new facility would be
dedicated on July 27, 1992 at 10:30 a.m., and invited the Community to
attend.
B. Presentation = Realtv Center = Everett Manfredi & Don Summers. (f:56.1)
Mayor Washburn called Everett Manfredi and Don Summers to the podium. He
advised the Community that these gentlemen had contributed their sales
commission from the City purchase of the Methodist Church for future
improvements at the Church building. He presented them each with a
Certificate of Appreciation acknowledging their contribution and presented
them jointly as Realty Center with a City Tile Plaque.
C. Proclamation = Jess Rodriauez = Rodriauez Disposal. (F:122.1)
Mayor Washburn read and presented a Proclamation to Jess Rodriguez
recognizing his years of service to the Community. He commented that Mr.
' Rodriguez's business had grown over the years to accommodate the continued
growth of the Community and commended him for his service.
PUBLIG COMMENTS _ AGENDIZED ITEMS
Mayor Washburn advised that he had received requests to address item numbers 53
and 54 of this agenda, and they would be considered at that time.
CONSENT CALENDAR
The following item was pulled from the Consent Calendar for further discussion
and consideration:
Item No. 4.
PAGE TWO - CITY COUNCIL MINUTES - JULY 14, 1992
MOVED BY DOMINGUEZ, SECONDED BY WINKLER 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. Regular City Council Meeting - June 23, 1992. (F:44.4) ,
The following Minutes were received and ordered filed:
b. Planning Commission Meeting - June 3, 1992. (F:60.3)
c. Planning Commisison Meeting - June 17, 1992. (F:60.3)
2. Received and ordered filed the Building Activity Report for June, 1992.
(F:32.2)
3. Received and ordered filed the. Code Enforcement,Activity Report for June;
1992. (F:54.1)
5. Ratified Warrant List for June 30, 1992. (F:12.3)
6. Rejected and referred to Claims Administrator the Claim submitted by
Associates National Mortgage Company (CL #92-17). (F:52.2)
7. Adopted Resolution No. 92-48 setting Appropriation Limits for Fiscal Year
1992-93 (Proposition 4). (F:30.1)
RESOLUTION N0. 92-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1992-93 CONSISTENT
WITH ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE
AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATIONS.
8. Adopted Resolution Nos. 92-49 and 92-50 Confirming Fiscal Year 1992-93
Special Taxes in Community Facilities District 91-2 (Summerhill Public
Improvements) and Community Facilities District 88-3 (West Lake Elsinore
Public Improvements). (F:22.3)
RESOLUTION N0. 92-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL
TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT
91-2 - SUMMERHILL PUBLIC IMPROVEMENTS).
RESOLUTION N0. 92-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA
REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL
TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT
88-3 - WEST LAKE ELSINORE PUBLIC IMPROVEMENTS).
9. Adopted Resolution No. 92-51 establishing Parking Restrictions on Casino
Drive. (F:112.1)
RESOLUTION N0. 92-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF LAKE ELSINORE ESTABLISHING
NO PARKING ZONES ON CERTAIN STREETS (CASINO DRIVE).
10. Adopted Resolution No. 92-52 Establishing Various Stop Control
Intersections on High Street. (F:162.2)
RESOLUTION N0. 92-52
A RESOLUTION OF THE CITY COUNCIL Of THE CITY Of LAKE ELSINORE DESIGNATING
THE LOCATION OF CERTAIN STOP INTERSECTIONS (HIGH STREET).
PAGE THREE - CITY COUNCIL MINUTES - JULY 14, 1992
11. Awarded Contract for Country Club Heights Trunk Sewer in Community
facilities District 88-3 to Riverside Pipeline Company in the amount of
$683,000. (F:22.3)
12. Approved Change Order No. 3 for the 16" Rice Canyon Water Transmission
Main for Riverside Pipeline, Inc. (F:22.3)
13. Approved Change Order Nos. 1& 2 for Railroad Canyon Road Traffic Signals
and Street Improvements, for DBX, Inc. (F:162.4)
14. Accepted Notice of Completion for Traffic Signals and Street Improvements
on Railroad Canyon Road, for DBX Construction. (F:162.4)
15. Authorized Purchase of Roadway Right-of-Way - Cramer Property for the
Lakeshore Drive/Robb Road Intersection and authorized completion of
appropriate documentation. (F:156.2)
16. Approved Public Hearing Date of July 28, 1992 for the following:
a. Recovery of Costs - Nuisance Abatement - 998 Parkway - AP
#373-185-034-8. (F:32.4)
b. Recovery of Costs - Nuisance Abatement - 835 Robin Drive - AP
#379-174-001-6. (F:32.4)
c. Recovery of Costs - Nuisance Abatement - 166 North Terra Cotta - AP
#389-343-037-4. (F:32.4)
ITEM PULLED FROM CONSENT CALENDAR
4. Structure Abatement Activitv Re ort = June. 1992. (F:32.4).
Councilman Alongi requested updates of the following buildings which are
currently under abatement and City Manager Molendyk provided information as
follows:
244 E. Heald Street - Landlord has been contacted; Asbestos Report
has been received and progress is ongoing.
125 E. Heald Street - Owner has discussed removing the structures
himself; currently awaiting his response as to
who will remove.
790 Lake Street (which has been vandalized and is currently open)
- Contractor has done walk-thru.
MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT REPORT FOR JUNE,
1992.
Mayor Washburn commented on the increasing success of the Structure
Abatement Program and the Graffiti Removal Program.
BUSINESS ITEMS
51. Extension of Time for Tentative Tract MaQ No. 19344 _~ Asset
Manaaement. Inc./Douqlas P. Wilson. Receiver Serenitv Tract. (F:160.2)
City Manager Molendyk explained this item and the staff recommendation to
grant the extension of time.
MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT'TO GRANT THE ONE YEAR EXTENSION OF TIME BASED ON THE FOLLOWING fINDINGS
AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL.
PAGE FOUR - CITY COUNCIL MINUTES - JULY 14, 1992
FINDINGS
1. Substantial costs associated with the project flood control channel
improvement plans have been incurred by the applicant and the Applicant
has provided staff evidence that they have had an on-going effort to
complete processing the flood control plans through the County Flood
Control District.
2. Conditions have been added by the Engineering and Planning Departments
to insure the development will not impact public health, safety and
welfare.
3. The project as proposed and conditioned is consistent with the Goals,
Policies, and Objectives of the General Plan.
CONDITIONS OF APPROVAL
l. Extension of time for Tentative Tract Map No. 19344 will expire on June
26, 1993, unless an additional extension of time is granted by the City
of Lake Elsinore City Council in accordance with the Subdivision Map
Act and Title 16 of the Lake Elsinore Municipal Code.
2. The Tentative Tract Map shall comply with the State of California
Subdivision Map Act and shall comply to all applicable requirements of
the Lake Elsinore Municipal Code, title 16 unless modified by the
Conditions of Approval
3. Approval contingent upon certification by City Council of the Focused
Environmental Impact Report.
4. Approval contingent upon approval of annexation request by the Local
Agency Formation Commission (LAFCO).
5. A finding of conformity to the adopted General Plan.
6. Applicant shall record CC & R's for the Tract prohibiting on-street
storage of boats, motorhomes, trailers, and trucks over one-Oton
capacity and roof-mounted, or front-mounted microwave antennas.
7. Meet all City Codes and Ordinances.
8. Applicant shall meet all requirements of Ordinnce No. 572.
9. Applicant shall enter into an agreement with the Lake Elsinore Unified
School District to off-set overcrowding.
10. All trees planted along streetscape must be a minimum of fifteen
(15) gallon size. „
11. Applicant shall submit to the Planning division and Engineering
Department a map showing all eight (8) phases of development.
12. Trailers utilized during the construction phase shall be approved by
the Planning Division.
13. Applicant will utilize the highest Uniform Building Code values
pertinent to seismic structural design, as per Senior Building Official
and/or ICBO recommendations.
14. Applicant shall submit plans/specifications for six-foot (6) decorative
block wall along project perimeters to Planning/Engineering Departments
for review, as per map item number 23. This item is subject to review
and final approval by the Design Review Board.
15. Meet County Fire Department requirements for fire protection.
PAGE FIVE - CITY COUNCIL MINUTES - JULY 14, 1992
16. Meet County Health Department requirements.
17. Meet Regional Water Quality Control Board requirements.
18. Applicant shall submit design elevations to the Design Review Board for
approval.
19. Participate in City-wide entry-signage parogram.
20. All signage must be under permit.
21. All park and recreational facilities must be improved to standards and
specifications of Recreation and Park Distgrict and/or City Council.
22. Provide transit facilities (i.e., covered bus stops) within said
project as deemed appplicable by Ghairman of Lake Elsinore Transit
System.
23. Participate in Landscaping and Lighting District.
24. All slopes must be planted with erosion control vegetation to be
approved by the Planning Division.
25. Require developer to dedicate five (5) acres for park usage and improve
2.7 acres of the five (5) acres. Improvements and location within the
thirteen (13) acres, which is not park site, to be dedicated as a
buffer zone.
26. The entry to be as proposed by the developer, a small monument.
27. Delete lots 305, 306, 307, 308, 309, 192, 193, 194, and 181, for
creation of a buffer zone between the development and the airport.
28. Include a clause notifying buyers within the Tract of the
development's proximity. to an airport, to be recorded on each lot.
29. Dedicate twenty (20) additional feet of right-of-way along Corydon
Road.
30. Construct asphalt paving to City Standards from centerline to lip of
gutter on Corydon Road. Tests must be provided to show that existing
paving is to the City Standards and will support the traffic load
represented by the City Engineer's traffic index. Obtain Riverside
County permits as required:
31. Construct curb, gutter and paving on all proposed streets to the
specifications of the City Engineer.
32. Street plans and specifications to be prepared by a registered Civil
Engineer and will include signing and striping. As-built street,
grading, utility and drainage improvement plans are required.
~ 33. Consent to sign an agreement to pay Traffic Safety Mitigation fee for
future traffic signalization in the amount of $225.00 per lot or
provide cash bond to guarantee construction of one signalized
intersection upon demand by the City on Corydon Road at either Palomar
Street or Grand Avenue. Provide services of a traffic engineer to
study the need of a signalized intersection at Corydon Road and Palomar
Street
34. Install six-foot (6') sidewalk adjacent to all curbs and gutters except
,eight-foot (8') width along the commercial frontage.
35. Construct curb, gutter, sidewalk and one-half street paving to ten feet
(10') past centerline for the extension of Palomar Street to Corydon
PAGE SIX - CITY COUNCIL MINUTES - JULY 14, 1992
Road. City will assist developer in acquiring right-of-way by
corresponding with the property owner. Developer must dedicate
required right-of-way. The City is to assist the developer in
acquiring the right-of-way. If the City and the developer are able to
obtain this particular right-of-way, then the developer should,at the
development stage of other property, be responsible for his half of
Palomar Street, as provided in the subdivision Map Act and to conform
with same.
36. Public improvements to conform with City Code requirements and City
approved Riverside county Standard Drawings and Specifications.
37. Centerline of Union Street must align with centerline of existing
Union Street southeast of Corydon Road.
38. All local streets which are not terminated in cul-de-sacs shall have
60-foot right-of-way with 40-foot wide curb-to=curb roadway.
Cul-de-sac streets to be 56-foot right-of-way, with a thirty-six-foot
(36') curb-to-curb roadway.
39. Provide Class II or equivalent bike lane on Corydon Road as approved by
the City Engineer.
40. Provide bus turnout and bus shelter on Corydon Road as approved by the
City Engineer and Lake Elsionre Transit System.
41. All grading must conform to City Ordinance No. 636 and the Uniform
Building Code, Chapter 70. Erosion control planting and irrigation
must be approved by the City Engineer.
42. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
preliminary and finish grade certification.
43. Street trees shall be provided, type, size and placement shall be
approved by the City Engineer.
44. Provide grading plan prepared by a registered Civil Engineer. All
property lines shall be at the top of the construction slopes with the
required Uniform Building Code setback requirements.
45. The northwesterly corner of this proposed Tract 19344 is below
elevation 1270', the lowest corner being elevation 1261'. Earth fill
up to as high as 1276' is being proposed in this northwest corner of
the tract to provide recreation and publci facilities.
City Ordinance No. 603 states in Section 2.3-1 (3): "Review all
development permits to determine whether the proposed development
adversely affects the flood carrying capacity of the area of special
flood hazard. For purposes of this ordinance, "adverse affects" means
that the cumulative effect of the proopsed development, when combined
with all other existing and anticipated development will not increase
the water surface elevation of base flood more than one-foot at any
point in the City of Lake Elsinore flood plain."
Paved parking ares and other minor structures associated with
recreation facilities are proposed below elevation 1270. City
Ordiannce No. 711 states in Section three:
"No person, firm or corporation shall construct any new non-residential
structure within the City of Lake Elsinore with the foundation or
basement lower than the elevation of 1270' mean sea level within the
perimeter streets of Lake Elsinore consisting of Grand Avenue,
Riverside Drive, Mission Trail and Corydon Road, except as specifically
permitted by the City Council on a case-by-case review."
PAGE SEVEN - CITY COUNCIL MINUTES - JULY 14, 1992
Planning Commision and City Council must interpret the proposals shown
on this Tentative Tract with consideration of these ordinance
requirements and make appropriate findings.
46. The hill or rise near the center of this site is proposed to be removed
and involves a maximum cut of fity-nine (59) to sixty (60) feet. The
grading Ordinance Number 636 states in Section Two (A):
"This ordinance shall provide for the preservation of the natural
scenic character of the land, consistent with reasonable economic
enjoyment of such property."
The Planning Commission and City Council must make a finding that this
proposed land devleopment is consistent with the Ordinance requirements
and changing of the topography is necessary, because of the unusual
character ofthis site and necessary for the property owner to enjoy a
substantial property rights.
47. Install ornamental street lighting as approved by the City Engineer.
48. Comply with the requiremetns of Riverside County Flood Control Report,
dated July 2, 1984, and additional or alternative requirements of the
City Engineer and the City Code. the City Engineer shall judge as to
interpretation and application of flood control recommendations.
49. Submit hydrology and hydraulic studies, necessary master planning and
detailed plans and profiles of the proposed flood control facilities to
Riverside county Flood Control District and to the City Engineer for
review and approval prior to Final Map recordation. Provide drainage
easements as required by the City Engineer.
50. Construct box culvert(s) under Corydon Road and Union Street with inlet
facility to the satisfaction of Riverside County Flood Control, and the
City Engineer.
51. All major drainage facilities in this Tract shall be constructed to
Riverside county Flood Control District standards and agreement entered
into with the District for construction, ownership and maintenannce.
52. Provide for a drianage ditch and/or a retaining wall, along the
southwest boundary of this Tract, of a decorative nature as approved by
the City Engineer for added flood protection. The drainage channel
slong the southwest boundary of this Tract shall be provided with a
ten-foot (10') top width maintenance road. An irrevocable offer of
dedication of an easement shall be given by developer for this drainage
facility. City will not accept the easement, but will leave underlying
ownership and maintenance responsibility with the individual home
owner.
53. Comply with the requirements of Elsinore Valley Municipal Water
District, County.Health Department and California Regional Water
Quality Control Board for sewage disposal. Provide letter from
Elsinore Valley Municipal Water district pertaining to agreement
regarding sewage disposal construction.
54, Developer to hook-up to regional sewer system. Install cleanouts
behind the sidewalk on all sewer laterals as required by the City
and/or Elsinore Valley Municipal Water District. Developer
acknowledges that sewer lateral maintenance from the sewer main in the
street to the property line is homeowner or Elsinore Valley Municipal
Water District's responsibility. No occupancy will be granted until
sewer service is available from Elsinore Valley Municipal Water
'District regional sewerage collection and treatment.
55. Provide a will-serve letter guaranteeing water service from Elsinore
Valley Municipal Water District.
PAGE EIGHT - CITY COUNCIL MINUTES - JULY 14, 1992
56. Dedicate underground water rights and future water site to the City`or
its assignee.
57. Pay all applicable Capital Improvement Fund fees per Ordinance No.
572.
58. Pay all sewer fees as required by Elsinore Valley Municipal Water
District.
59. Pay all Public Safety fees (police and fire) per Resolution No. 83-87.
60. Pay all School fees.
61. Prior to Fianl Map recordation, a subdivision agreement shall be
entered into with the developer(s), owner(s) and the City.
62. Final Map shall show the following items with a prominent note:
a) All geologic fault lines.
b) 200-Year and 500-Year Flood Plain.
c) Areas subject to flood hazards.
63. Provide Tract Phasing Plan for City Engineer's approval. Bond public
improvements for each phase, as approved by the City Engineer.
64. Record a Notice of 100-Year Flood Hazard and waiver of City liability.
65. Applicant will contribute pro rata share toward fire fighting
facilities serving the southeastern end of the City. Amount not to
exceed twenty-five thousand dollars ($25,000).
66. Applicant to agree to join Assessment District for the San Jacinto
Bridge.
67. A. A district to be formed under the Lighitng and Landscaping Act of
1982 (commencing with Section 22500 of the Streets and Highways
Code) to pay for the annual cost of lighting, landscaping and parks
which benefit the Project, by the annual levy and collection of an
assessment within the Project area.
B. A Community Facilities District to be formed under the Mello Roos
Community Facilities Act of 1982 (commencing with Section 53311 of
the Government Code) to pay for the cost of fire, police and storm
water protection services, by the annual levy and collection of a
special tax within the project area. The developer agrees to waive
any right of protests under the Lighting and Landscaping Act of
1982. Furthermore, the developer agrees to vote affirmatively on
the ballot proposition to be submitted at the special election
incident to proceedings under the Mello Roos Community Facilities
Act of 1982.
68. Developer shall complete construction of the 4.85 acre park site which
includes the 2.7 acre active park and have it ready for
pre-maintenance acceptance by the Director of Community Servies
concurrent with the first Certificate of Occupancy, excluding the
model complex, for the next constructed phase. Provided the City has
funds, Developer shall share the cost and participate in the
installation of turf hydroseeding and permanent irrigation of the
remaining approximate 7.0 acre park site; otherwise, Developer shall
install erosion control measures on-site in accordance with the
previous parks agreement.
69. All improvements plans and tract shall be digitized. At Certificate of
Occupancy applicant shall submit tapes and/or discs which are
PAGE NINE - CITY COUNCIL MINUTES - JULY 14, 1992
compatible with City's ARC Info/GIS or devetoper to pay $1,000 per
sheet for City digitizing.
70. Developer shall provide No Parking and Street 3weeping Signs for
streets within tract or pay a fee for installation by the City.
71. Developer shall install blue reflective pavement markers in the street
at all fire hydrant locations.
72. Tract building and grading permit phasing shatl be in accordance with
agreed upon sequence of development activities signed August 1, 1988.
73. Developer shall be subject to all Master Planned drainage fees and will
receive credit for all Master Plannned drainage facilities
construction.
74. If grading exceeds 50 cubic yards, grading plans shall be prepared by a
Civil Engineer and approved prior to final map approval. Prior to any
grading, applicant shall obtain a grading permit and post appropriate
security.
75. The owner shall provide the City with proof of his having filed a
Notice of Intent with the Regional Water Quality Control Board for
Natural Pollutants Discharge System Permit prior to issuance of grading
permits.
76. Applicant shall bond for the cost of the storm drain system for Corydon
Street to the northwest boundary of Tract 19344-3 as part of the first
phase of future development.
52. Extension of Time Requests for Tentative Tract Maos 25074. 25075. 25076.
25077. 25078. 25079. 25080 and 24383 - Homestead Land Development Comoanv.
(F:160.2) -
City Manager Molendyk detailed this request.
MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO GRANT THE ONE YEAR EXTENSION OF TIME BASED ON THE FOLLOWING FINDINGS
AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL.
FINDINGS
1. The project will not have a significant impact on the environment.
2. The proposed projECt complies with the zoning standards for the M-1
and C-M district.
3. The proposal meets the City's subdivision standards.
4. The proposed subdivision will be consistent with the General Plan Land
Use designation for this site.
5. The proposed subdivision is consistent with the Findings established
within the State Subdivision Map Act requirements.
PLANNING DEPARTMENT CONDITIONS
NOTE: THE FOLLOWING CONDdTIONS APPLY TO ALL EIGHT TENTATIVE TRACT MAPS EXCEPT
AS OTHERWISE ANNOTATED BEFORE EACH APPLICABLE CONDITION AS FOLLOWS:
(74) applicable only to TT 25074
(75) applicable only to TT 25075
(76) applicable only to TT 25076
(77)' applicable only to TT 25077
(78) applicable only to TT 25078
(79) applicable only to TT 25079
(80) applicable only to TT 25080
(83) applicable only to TT 24383
PAGE TEN - CITY COUNCIL MINUTES - JULY 14, 1992
1. Tentative Tract Maps 25074, 25075, 25076, 25077, 25080 and 24383 shall
expire two (2) years from date of approval unless extended pursuant to
State and Local Law or recordation of final map occurs.
2. Applicant shall comply with development standards as outlined in the
appproved Specific Plan.
3. Final plotting and architectural drawings shall require minor design
review as required by the Tuscany Hills Specific Plan.
4. Applicant shall record CC & R's for the tract prohibiting on-street
storage of boats, motorhomes, trailers, and trucks over one-ton
capacity, roof mounted or front yard microwave satellite antennas.
The CC & R's shall be approved by the Community Devellopment Director
prior to recordation of final map.
5. All signage shall be consistent with the Sign Frogram contained in the
Specific Plan.
6. The dimensions of all residential lots shown on the Final Tract Map
shall comply with the minimum standards established in the Specific
Plan.
7. Street names for all streets within the Tentative Map shall be approved
by the Community Development Director.
(75)8. "H" Street shall be re-evaluated along with "A" Street in TT 25077 in
order to improve access off Summerhill Drive. Redesign shall be
approved by Engineering Department if design proves to be more
feasible.
(77)9. "A" Street shall be re-evluated to provide possible access somewhere
between Lots 164 and 167. Redesign shall be approved by City
Engineering Department.
10. Prior to the issuance of any grading permit or 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.
11. Fence locations and walls indicated on a grading plan and consistent
with the Specific Plan shall be approved by the Communiity Development
Director prior to the release of the first Certificate of Occupancy.
12. Grading and construction plans shall incorporate erosion control
measures as required by the Chief Building Official.
13. Improvement Plans, including sewer, water and drainage shall be
approved prior to the Final Map Approval.
14. Grading plans for this subdivision shall comply with the grading
objectives and guidelines established in the Specific Plan.
15. All Public Works required shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code at the
time a building permit is issued.
16. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title
15, Chapter 16.34; Resolution No. 85-26).
17. Submit a letter of verification "will-serve" letter to the City
Engineering Department, from the applicable water district, stating
water and sewer arrangements have been made for this project prior to
final map approval.
18. Construct all required off-site public works improvements per approved
PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 14, 1992
plans (Municipal Code, Title 12); plans must be approved and signed by
the City Engineer prior to final map approval.
19. Intersecting streets on the inside radius, of a curve will only be
permitted when adequate sign distance is verified by a registered
engineer.
20. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Departmnt for construction of public works off=site
improvements (Municipal Code, Ttile 12, Chapter 12.08 and Resolution
No. 83-78).
21. Provide street lighting and indicate on street improvement plans as
required by the City Engineer.
22. Annex to the City Landscaping and Street Lighting Distirct.
23. Prior to the recordation of the final tract map, all public
improvements shall be designed and constructed or bonded for in
accordance with plans and specifications meeting the approval of the
City Enginerr and the Chief Building Official as amended by the
Specific Plan.
24. All local interior double loaded streets shall be fifty foot (50')
right-of-way with ~thirty-six foot (36') curb-to-curb. Restricted
single-loaded local streets shall not be less than forty foot (40')
right-of-way with twenty-eight foot (28') curb-to-curb.
25. A complete hydrology and hydraulic report shall be submitted and
approved by the City Engineer prior to Final Map approval.
26. The storm drain system shall be designed to mitigate urban pollutants
from discharge into Canyon Lake and San Jacinto River as amended by
the Specific Plan.
27. Any natural drainage diverted or concentrated onto adjacent property
will require a letter of drainage acceptance form the affected property
owner.
28. No single-family lots shall front or access to collector streets or
higher volume streets.
29. Designated natural open space lots shall be offered for dedication to
the City and maintained to prevent any public hazard until such offer
is accepted. Operation and maintenance of open spece shall be provided
through the City of Lake Elsinore Landscape and Lighting Maintenance
District or a similar entity. The City may require that an appropriate
strip of land along the boundary of residential lots (consistent with
the Fire Management Program set forth in the Specific Plan) be
maintained by a homeowner's association. Access for maintenance to be
approved by the Gity Engineer prior to recordation.
30. All compaction reports, grade certifications, monuments certifications
(with tie-notes delineated on 8-1/2" x 11" mylar) shall be submittted
to the Engineering Department before final inspection of off-site
improvements will be scheduled and approved.
(78)31. "A" Street from "B" to "C" Street shall be increased to fifty feet
(50').
BUILDING/SAFETY DEPARTMENT
(75)32. Construction Phasing Plan will be submitted to Chief Building Official
(77) and approved prior to the issuance of building permits within
(79) references tentative tract maps.
PAGE TWELVE - CITY COUNCIL MINUTES - JULY 14, 1992
33. Applicant shall meet all Conditions of Approval prior to the issuance
of a Certificate of Occupancy and release of utilities.
34. Prior to the issuance of building permits a landscape and irrigation
plan shall be submitted and approved by the City. The plans shdll be
subject to the guidelines identified in the Specific Plan and Design
Guidelines for Tuscany Hills.
35. Applicant shall meet all requirements of the Riversdie County Fire
Deparment for fire protection as determined by the Community
Development Director.
36. Prior to issuance of building permits, applicant shall provide
assurance that all required fees to the Lake Elsinore Unified School
District have been paid.
37. All structures shall be designed to incorporate all state and local
water conservation regulations, subject to the approval of the Chief
Building Official.
38. All buildings shall be constructed with fire retardant roofing
materials as described in Section 3203 of the Uniform Building Code.
Any wood shingles or shakes shall have a Class "A" rating and shall be
approved by the Chief Building Official prior to installation.
39. Submit a schedule of public works improvements based upon the timing of
occupancy of the tract prior to final map approval.
(74)40. Residential lots of less than 5,000 square feet shall be subject to
the approval of the Planning Commission.
(79)41. The "C" Street intersection with Greenwald Avenue should be
re-evaluated and submitted for approval by the Community Development
Director prior to the recordation of Tract 25079.
42. All improvement plans shall be digitized. At Certificate of Occupancy,
applicant shall submit tapes and/or discs which are compatible with
the City's ARC/Info GIS system or the developer shall pay $1,000 per
sheet for City digitizing.
43. 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 the applicant shall obtain a grading permit and post
appropriate security.
44. Prior to issuance of grading or building permits, the owner shall
provide the City with proof of filing a Notice of Intent with the
Regional Water Quality Control Board for a National Pollutant Discharge
System Permit.
45. Developer shall provide the City with proof No Parking and Street
Sweeping Signs for streets within the tracts or pay a fee for
installation by the City.
46. Developer shall install blue reflective pavement markers in the street
at all fire hydrant locations.
53. Parkina Restriction on Main Street = Resolution No. 92-53. (F:112.1)
City Manager Molendyk gave an overview of this project and stated that
since the parking lot downtown has been completed parking availability in
the downtown area is no longer a problem. He further explained that should
the need arise due to downtown growth and development the two hour
limitation can be reinstated.
The following persons had requested to speak on this item.
PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 14, 1992
Mr. Rick Warner, President of the Downtown Business Association, 114 S.
Main Street, Ste. D, presented a letter from the Downtown Business
Association asking that the two hour parking restriction remain in force
and be enforced by the City. The letter commended the City on the new
parking lots and the three block renovation on Main Street, but stated that
they wished to retain the two hour parking restriction to keep the area
open for customers.
Rick Zweifel, Antique Emporium, presented a petition to City Council asking
that the two hour parking restriction remain in effect on Main Street. He
advised that of thirty-five shops in operation, twenty-eight signed the
petition, representing 80% of the shop owners.
Dolores Mayhall, 138 N. Main Street, identified the business owners who
park on Main Street from 9:00 a.m. to 5:00 p.m. and stated that there is
parking behind their businesses or in public parking lots. She further
stated that eliminating the two hour parking restriction on Main Street
this will open it up for business owners to use the public parking spaces
which should be used by customers.
Tom Hundshamer, 109 S. Main Street, Orange Credit Service, stated that his
business employs eighteen to twenty personnel and that if all the business
owners and employees Farked on Main Street there would be no room for
customers. He encouraged the Council to retain the two hour parking
restriction and opposed Resolution 92-53.
Councilman Dominguez explained that originally the two hour parking
restriction was established until the redevelopment of Main Street and the
parking lots were completed and now that those projects are complete it is
up to Council to make the decision in regard to the two hour parking
restriction.
Councilman Alongi stated that he would like tio see an amendment to the
Resolution 92-53 to have the two hour parking restriction remain on Main
Street from Prospect down to Heald and from the alley on Graham down to
Spring; Peck Street can be removed because of the new parking lot. He
further explained that. this would make two hour parking on Main Street and
Graham Ave. where the business is to keep it open for customers and remove
all the other restrict.ions.
Councilman Winkler asked if there was a two hour parking restriction prior
to the redevelopment of Main Street.
Councilman Alongi explained that there was a two hour parking restriction
on Main Street prior to the redevelopment of Main Street due to the lack of
parking facilities.
Councilman Winkler stated that the reason for the two hour parking
restriction on Main Street was due to a lack of parking facilities which
has now been resolved.
Councilman Alongi explained that the purpose of parking on Main Street is
to make it convenient for people to shop on Main Street. If the customer
has to drive around or• walk several blocks they will go elsewhere. He
further explained that the parking lots were for employee use and the
intent was to leave tt~e other parking places on Main Street open for
customers.
Councilman Winkler stated that the businesses should encourage their
employees to park in the parking lots instead of on the street.
MOVED BY ALONGI TO AMEND RESOLUTION N0. 92-53 TO RETAIN TWO HOUR PARKING
RESTRIC~IONS ON MAIN STREET FROM PROSPECT TO HEALD AND ON EAST GRAHAM STREET
(AT THE LOCATION OF THE ALLEY) T0 WEST GRAHAM STREET ANO SPRING. MOTION DIED
FOR LACK Of A SECOND.
PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 14, 1992
There was general discussion in regard to parking and if it is found that
parking limits are necessary this item can be brought back to Council for
further consideration and decision.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 1,WITH
ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT TO ADOPT RESOLUTION
92-53 RESCINDING RESOLUTION 87-38 REGARDING CERTAIN PARKING LIMITS ON MAIN
STREET, PECK STREET, GRAHAM AVENUE AND THE CITY HALL EMPLOYEES PARKING LOT, AS
FOLLOWS:
RESOLUTION N0. 92-53
A RESOLUTION OF THE CITY COUNCIL OF THE ICTY OF LAKE ELSINORE RESCINDING
PARKING RESTRICTIONS ON CERTAIN STREETS AND PUBLIC PARKING LOTS.
54. S ecial Events Permit Process = First Readina Revised Ordinance No. 934.
(F:151.1)
City Manager Molendyk explained that had reviewed this item previously and
sent it back to staff for further research and review in order to
streamline the process.
The following person had requested to speak on this matter.
Al Ewing, 114 1/2 N. Poe Street, explained that he felt that the
requirements for a Special Event Permit were unrealistic and encouraged
Council to change them, particularly with regard to insurance coverage.
Councilman Alongi explained that he had met with the City Manager and had
discussed several changes, one of which was the problem with insurance
which is addressed in Section 5.73.080 #2, second paragraph. Councilman
Alongi explained the other changes discussed as follows:
Section 5.73.040 Application for Special Events; Dance Permits
A. An application for a permit for a special event shall be
filed with the Community Services Director not less than
sixty (60) days nor more than ninety (90) days before the
date proposed for holding a special event. Such
application shall be signed by the applicant or the
applicant's authorized agent and shall be accompanied by a
non-refundable processing fee to the City of Lake Elsinore
in the amount established in Section 5.73. A preliminary
review can be done by the Community Services Director at
no cost to the applicant and if the Community Services
Director disapproves the event in a preliminary review,
and the applicant wishes to appeal the item to City
Council, a fee will be levied and will not be refundable.
G. The number and amplifying range of any sound amplifying
system to be used in connection with the event (per Lake
Elsinore Municipal Code Section 17.78 - Noise Control).
City Attorney Harper explained Section 5.73.080 - Surety and Insurance and
clarified the Hold Harmless Agreement. He further explained that if
someone wishes to disagree with the Special Events Committee they have the
right to appeal to City Council.
Councilman Alongi stated that he would like it placed on record that he is
opposed to staff making decisions in regard to insurance and felt that this
should be a decision made by the City Council.
Mayor Washburn explained that the whole purpose of this ordinance is to
make it easier for the public to acquire a Special Events Permit. He
further explained that by having staff handle the items will expedite
the matter and make it easier for the public to get through the system.
Councilman Alongi stated that the City Manager should have the authority to
PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 14, 1992
make decisions and this should not be delegated to other staff.
City Manager Molendyk explained that the insurance requirements is set at a
million dolTars due to the requirements of the Joint Powers Insurance
Authority to protect the City. If the activity is co-sponsored by the City
the issue of insurance does not apply.
City Attorney Harper addressed church related activities. He explained
difficulty in co-sponsoring events because of requirements for separation
of Church and State. He further explained that there are some events that
the City cannot co-sponsor for philosophical, political or religious
reasons that may not fit into a category that a million dollars insurance
is appropriate and that is why 5.73.080 second paragraph was written.
Councilman Alongi requested that 5.73.070 - Reconsideration of an
Application second paragraph be changed to read as follows:
Within seven (7) calendar days of the filing of a request
for reconsideration, the City Manager or Assistant City
Manager shall conduct such inquiry, investigation, or
review as he, in his discretion, deems appropriate and
proper under the circumstances and shall affirm, reverse,
or modify the Committee's decision.
Councilman Alongi also requested that the second paragraph of 5.37.080
Section 2 be deleted and in 5.73.090 Section C that 30 days be changed to
60 days.
Councilman Alongi suggested that 5.73.100 - Termination or Restriction of a
Special Event read as follows:
The City Manager or Assistant City Manager may
immediately terminate or restrict the conduct of a special
event if he determines that the public health or safety is
in imminent danger because of real or threatened disaster,
public calamity, riot, or other emergency.
MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE N0. 934 WITH
AMENDMENTS:
ORDINANCE N0. 934
AN ORDINANCE OF THE C1TY OF LAKE ELSINORE ESTABLISHING A SPECIAL EVENTS
PERMIT PROCESS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CHERVENY
ABSTAIN: COUNCILMEMBERS: NONE
55. Second Readinq _ Ordinance No. 932. (F:22.3)
MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE N0. 932:
ORDINANCE N0. 932
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF LAKE ELSINORE, LEVYING
SPECIAL TAXES WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT N0. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS).
UPON THE FOLLOWING ROLL CNLL VOTE:
PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 14, 1992
AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CHERVENY
ABSTAIN: COUNCILMEMBERS: NONE
PUBLIC COMMENTS _ NON-AGENDIZED ITEMS
City Attorney Harper commented on the Brown Act and indicated that the City
Council is required to hear only matters within its jurisdiction. He stressed
that matters relating to recall and its proponents are really not within the
jurisdiction of the City Council, however, the Council may choose to hear
comments from any one.
Mayor Washburn commented that as the Chairman he is empowered to maintain the
decorum of City Council Meetings. He stressed that slander, accusations and
attacks on staff are not appropriate subject matter.
Peter Dawson, 18010 Grand Avenue, commented on his request at the last City
Council Meeting that the Mayor attend homeowners association meetings in
Lakeland Village and provide updates on the future of the Lake. He advised
that Mayor Washburn had attended those meetings and he thanked him for his time
and courtesy. He also commented on a request to State Parks to allow them
launching rights on the Lake.
Margaret Downie, 15992 Grand Avenue, representing Landowners Mutual Company,
also thanked the Mayor for attending the meetings and enlightening the
residents on the Lake.
Frank Robie, Jr., commented on neighborhoods and challenged the Community to
work to improve the world. He also commented on local crime and suggested that
the residents have the ability to stop it. He stressed the need to enforce
existing laws.
Suzanne Walker, 16509 Joy Street, advised that she was representing a group of
concerned citizens on the North end of the Lake. She expressed concern with
the ongoing gang and crime problems in her area and suggested that
implementation and enforcement of curfew, more police officers and increased
youth activities are needed to curtail the existing problems. Mayor Washburn
suggested that Mrs. Walker contact Captain Daniels to address specific
problems and formation of a Neighborhood Watch program for this neighborhood.
Councilman Winkler suggested that the Council Public Safety Committee might
want to contact Mrs. Walker for input.
A1 Ewing, 114 1/2 Poe Street, commented on the City and his desire to take
responsibility for it. He expressed concern with Lake Management, poor
relations between business people on Main Street and the "non-existant"
recognition of civil rights. He requested that Mayor Washburn step down from
office and requested that the Community consider whether the other
Councilmembers should also step down. He suggested that the Council defend
themselves and their actions which have been questioned.
Thomas Inglis, 32995 Oleander Avenue, commented on crime, graffiti and law
enforcement response times. He also commented on the Mayor's attendance at the
homeowners association meetings in Lakeland Village. He indicated that the
Mayor should apologize because Mr. Inglis was asked to leave that meeting by
someone in the Mayor's presence. Mayor Washburn clarified that Mr. Inglis is a
resident of the County and the problems addressed are in the County area, and
suggested that Mr. Inglis speak with Captain Daniels.
Penny Baker, representing C.L.E.A.N., commented on the last City Council
Meeting and provided a definition of "RECALL". She also read a prepared
statement relating to prior City Council Meetings and comments which have
occurred in relation to the proposed recall and violations of Mr. Ewing's civil
PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 14, 1992
rights.
Chris Hyland, 15191 Wavecrest Drive, read the first amendment to the
Constitution relating to freedom of speech, press, etc. and related State
Constitution sections. She advised that she has been in contact with an
attorney in Sacramento. She indicated that the citizens of this Community
should be appalled at the removal of a speaker at the last meeting. She
suggested that the City Council reassess its attitudes at City Council
Meetinqs.
Edith Stafford, 54 Elm Street, stressed the importance of the City Attorney
keeping Council informed of the full rights of the public to address City
Council. She suggested that the Brown Act is only the beginnning of the
requirements on City Council. She further suggested that the Mayor was wrong
in his handling of Mr. Ewing, and indicated that the Mayor, City Attorney and
law enforcement could be held liable for this action. She commented that she
felt the Mayor had taken it upon himself to decide what the people should know.
She detailed conversations with an attorney in Sacramento and insisted upon
being kept informed.
City Attorney Harper clarified that there are no absolute rights fcr any one to
speak on any subject. He commented on the State Legislature and the
prohibition against the public addressing them.
CITY MANAGER COMMENTS
City Manager Molendyk thanked staff for their work on the July 4th progr~am.
CITY COUNCIL COMMENTS
Mayor Pro Tem Dominguez advised that he has received a number of positive
comments on the July 4th festivities.
Councilman Winkler agreed that the July 4th program had gone very well. He
commented that he was glad to see the Mayor meeting with the County residents
and offered his support for future discussions. Councilman Winkler expressed
concern with the Main Street issue considered this evening and encouraged
business owners to work with their employees to have them park in the lots and
allow room for customers. He suggested that this situation can be reviewed at
a later date and corrected if necessary. He thanked the Downtown Business
Association for its positive comments on the Main Street Improvements.
Councilman Alongi stressed his concerns with Main Street parking and hoped that
it could be changed at a later date. He commented on the recent discussions of
pot bellied pigs and advised that a Committee meeting was held and they are
working to resolve this complex issue; he apologized for the delay in
resolving this matter. Councilman Alongi advised that he and Mayor Pro Tem
Dominguez had driven around the Community and addressed streets which are in
need of repairs and requested further input from residents who see a need for
additional work. He thanked the Staff for the July 4th Celebration and thanked
the Sheriff and the Security for keeping it running smoothly.
Mayor Washburn thanked the staff for the July 4th event and commented that he
has received calls that it was an outstanding event and residents as well as
visitors enjoyed it very much. He also commented that the Car Show was an
excellant event. He commented on his meeting and his hope that he could build
the City's credibility and allow for cooperation between the City and County.
He advised that he would be appointing a Lake Advisory Committee of seven
members soon to address the future of the Lake and the pending transfer. He
also advised that he would be announcing a schedule of Town Hall Meetings.
City Attorney Harper advised that a Closed Session was needed to update Council
on litigation with Kunz Company and Gurrolla, as well as potential litigation.
THE CITY COUNCIL MEETING WAS RECESSED AT 8:58 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 9:15 P.M.
PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 14, 1992
CLOSED SESSION
THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE
REDEVELOPMENT AGENCY AT 9:15 P.M. TO DISCUSS POTENTIAL LITIGATION AND
LITIGATION WITH KUNZ COMPANY AND GURROLLA.
THE CITY COUNCIL MEETING WAS RECONVENED AT 10:09 P.M. NO ACTION TAKEN.
ADJOURNMENT
MOVED BY DOMINGUEZ, SECONDED BY WINKLER ND CARRIED BY UNANIMOUS VOTE OF THOSE
PRESENT TO ADJOURN THE REGULAR CITY COU L MEETING AT 10:10 P.M.
~ G~J~,~ =
GARY WASHBURN, MAYOR
CITY 0 LAKE ELSINORE
CLERK
CITY OF LAKE FLSINORE