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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 ******************~**********************************************~************* 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