HomeMy WebLinkAbout08-11-1992 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
31315 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, AUGUST 11, 1992
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Washburn at 7:05
p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Washburn.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
ABSENT: COUNCiLMEMBERS: NONE
Also present were: City Manager Molendyk, Assistant City Manager Rogers, City
Attorney Harper, City Treasurer Pape, Administrative Services Director Boone,
Public Services Director Tecca, Community Development Manager Shear, City
Planner Christen, Community Services Manager Sapp and City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
A. Presentation = Tae Kwon Do Team. (F:55.1)
Mayor Washburn called the Tae Kwon Do Team forward for recognition. He
explained that they had participated in the National Championships and
introduced the Masters and Coach. He presented team members Russell Turley
(Bronze Medalist - Forms) and Jacob Stone (Bronze Medalist - Sparring) with
Certificates of Merit. Coach Jan Dunham explained the 12th Annual United
States Junior Olympic Tae Kwon Don Championships and commended the
participants for their efforts and successes. Paul Nelson (Bronze Medalist
- Sparring) was not present for presentation.
B. Presentation = Little Leaaue All Stars Team. (F:56.1)
Mayor Washburn called the All Stars Team, Coach and Manager forward for
presentation. He presented certificates of recognition to Team Manager Bill
Fruin and Team members Tony Pesaneillo, Joe Tripp, Chris Bolton,
Brandon Fouts, Jared Freedman, Erron Maxey, Javier Gonzalez, Erik Goodson,
Sal De Salvatore, David Fruin and Erik Runfola. Coach Joe Gonzalez and team
members Joshua Foronda and Joe Remierz--were not present for presentation.
Manager Bill Fruin detailed the success of the Lake Elsinore Valley Little
League All Stars - Junior Level - 13 Year Olds and commended the adul.t
volunteers for their assistance to the team and the league.
PUBLIC COMMENTS - AGENDIZED ITEMS
Mayor Washburn advised that he had requests to speak which would be handled in
conjunction with the appropriate items. He asked if that would be acceptable
to the speakers. Hearing no comments to the negative he proceeded to the
Consent Calendar.
CONSENT CALENDAR
MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE
THE CONSENT CALENDAR AS PRESENTED.
PAGE TWO - CITY COUNCIL MINUTES - AUGUST 11, 1992
1. The following Minutes were approved:
a. Regular City Council Meeting - July 28, 1992. (F:44.4)
The following Minutes were received and ordered filed:
b. Planning Commission Minutes - July 1, 1992. (F:60.3)
c. Planning Commission Minutes - July 15, 1992. (F:60.3)
PUBLIC HEARINGS
21. Recoverv of Expenditures = Nuisance Abatement at 260 White Oak Drive.
(F:32.4)
City Manager Molendyk explained this item and indicated that the particular
concern on this property was a swimming pool which was not maintained
causing stagnant water and mosquitos.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:14 p.m. asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 7:16 p.m.
Mr. Dick Knapp, 29690 Dwan Drive, questioned the lack of Warrant Lists and
investment reports on the City Council Agenda. City Manager Molendyk
explained that there had been difficulties with the computer and staff was
unable to prepare those items in time for this agenda.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO
CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERUICES
DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER
ALL RELATED COSTS AND INTEREST ACCRUED THEREON.
22. Tentative Parcel M~a 27033 and Zone Chanae 91-7 Chane Business Park =
Mola Development. Ordinance No. 935. (F:110.2)(X:172.2)
City Planner Christen detailed this item and the Planning Commission
recommendations. He also detailed specific concerns of the Planning
Commission regarding walls and fences and the potential of Least Bell's
Vireo habitat. He explained that Condition #26 was added to insure that
the habitat presence is evaluated. He advised that the applicant might be
presenting an option on this matter as part of his presentation.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:20 p.m, asking those pERsons
interested in this item to speak. The following person spoke:
Matt Kaufman, representing the applicant, thanked staff for their work and
assistance on this project. He commended the staff for keeping the project
on track even with a number of staff changes. He explained that the
potential for Least Bell's Vireo habitat was recently raised.
He detailed a number of environmental reviews and explained that the area
is really not suitable for the Vireo and they have found no evidence that
the area is a habitat. He suggested an alternate condition, as an option
to address this matter, as follows:
"Within the next 30 days, applicant may, in lieu of the Spring Study,
choose to have a consultant, hired by the City and acceptable to Fish
and Wildlife Services, survey the site to substantiate whether the
site habitat is generally suitable for the vireo as well as whether
there is presently any evidence of Vireo nesting."
Mayor Washburn closed the public hearing at 7:26 p.m.
PAGE THREE - CITY COUNCIL MINUTES - AUGUST 11, 1992
Mayor Pro Tem Domiguez inquired how the site was determined to be a
potential habitat site. City Planner Christen explained that the potential
habitat was recently discovered by Flood Control during another project in
the area. Mr. Dominguez advised that he would be comfortable with the
consultant recommendation so it could be explored with Fish and Game.
Councilwoman Cherveny questioned Condition #51 regarding the Flood Control
Outlet and whether it would impact the Outflow Channel. Mr. Christen
clarified that this condition would allow for realignment if necessary.
Councilwoman Cherveny also inquired whether the traffic signal fees in
Condition #55 would be collected up front. Public Services Director
advised that they are generally collected when the maps are recorded.
Mayor Washburn questioned Condition #20 regarding the wall and the why a
block wall was being suggested in an industrial area; and if this was a new
requirement. Mr. Christen advised that the Planning Staff has
traditionally requested this however, the final plan might be a hedge,
wrought iron or some other type of screening. He explained that this could
be contested at a later date.
MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 0 WITH
COUNCILMAN ALONGI ABSTAINING TO APPROVE TENTATIVE PARCEL MAP 27033, ZONE CHANGE
91-7 AND MITIGATED NEGATIVE DECLARATION 92-3 SUBJECT TO THE FOLLOWING FINDINGS
AND CONDITIONS AND ADOPT ORDINANCE N0. 945.
THE MOTION WAS AMENDED WITH THE CONSENT OF THE MAKER AND SECOND TO APPROVE THE
REQUEST FOR FURTHER STUDY AT THE GOST OF THE APPLICANT.
Findinps _ Zone Chanae 91-7
1. This project is consistent with the Goals, Policies and Objectives of
the General Plan.
2. This request will bring the zoning for this portion of the project
area into conformance with the General Plan.
3. This request will not result in any significant adverse impacts on the
environment.
Findinas _ Tentative Parcel Ma~ 27033
1. The proposed subdivision, together with the provisions for its design
and improvement, is consistent with the General Plan. The proposed
subdivision is compatible with the objectives, policies, general land
uses and programs specified in the General Plan and any applicable
Specific Plan. (Government Code Section 66473.5).
2. The effects this project is likely to fiave upon the housing needs of
the region and needs against the public service needs of its residents
and available fiscal and environmental resources have been considered
and balanced.
3. The design of the subdivision provides to the extent feasible, for
future passive or natural heating or cooling opportunities in the
subdivision. (Government Code Section 66412.3).
4. Elsinore Valley Municipal Water District (EVMWD) has determined that
the discharge of waste form the proposed subdivision into the existing
sewer system will not result in a violation of the requirements as set
out in Section 13000 et seq. of the California Water code. (Government
Code Section 66474.6)
Conditions - Plannina Division
1. Tentative Parcel Map 27033 will expire two (2) years from date of
approval unless an extension of time is granted by the City of Lake
PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 11, 1992
Elsinore City Council in accordance with the Subdivision Map Act.
2. The Tentative Parcel 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. A precise survey with closures for boundaries and all lots shall be
provided, per City Ordinance.
4. Signage for this subdivision shall require City Permits.
5. The City's Noise Ordinance must be met during all site preparation
activity.
6. Applicant shall bond for all public improvements and grading for
subject development as required by the City Engineer and Chief Building
Official. Bonding shall be done by final map for all improvements and
grading.
7. Pay all applicable fees in force at time of issuance of building
permits.
8. Prior to final approval of Parcel Map 27033 the improvements specified
herein and approved by the Planning Commission and the City Council
shall be installed, or the bonds and agreement for said improvements,
shall be submitted to the City, and all other stated conditions shall
be complied with.
9. Building permits shall not be issued until proof of payment of school
mitigation fee is presented to City Building Division.
10. All of the improvements shall be designed by developer's Civil Engineer
to the specifications of the City of Lake Elsinore.
11. Comply with all conditions of the Riverside County Fire Department.
12. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (E.V.M.W.D.).
13. The applicant shall provide connection to public sewer for each lot
within the subdivision. No service laterals shall cross adjacent
property lines and shall be delineated on engineering sewer plans and
profiles for submittal to the E.V.M.W.D.
14. The developer shall submit plans to Southern California Edison for a
layout of the street lighting system. The cost of street lighting,
installation as well as energy charges shall be the responsibility of
the developer and/or the association. Said plans shall be approved by
the City and shall be installed in accordance with the City standards.
Meet all other requirements of Southern California Edison.
15. Meet all requirements of Southern California Gas Company.
16. Meet all requirements of General Telephone.
17. Al1 trailers used during construction, mailboxes and signage shall be
subject to Planning Division review and approval prior to installation.
18. Trailers or mobile homes utilized during the construction phase of
this project shall be subject to approval of the Community Development
Director.
19. Annexation to the City's Landscaping and Lighitng District is required
prior to approval of a Final Parcel Map.
PAGE FI~E - CITY COUNCIL MINUTES - AUGUST 11, 1992
20. A decorative block or masonry wall and/or alternative use of
landscaping subject to the discretion of the Desing Review Board, shall
be constructed around the perimeter of the subdivision. Precise
design, materials and location to be determined through Minor Design
Review process.
21. All development associated with this map requires separate Design
Review approval, the Master Sign Program to be submitted at the
development of the first parcel, in accordance with Section 17.82 of
the Municipal Code prior to building permit approval and shall be
subject to further environmental review and project conditions in
accordance with the provisions of the California Environmental Quality
Act (CEQA) Guidelines.
22. Prior to issuance of any grading permit or building permit, subdivider
shall sign and complete an "Acknowledgment of Conditions" and shall
return the executed original to the Community Development Department.
23. Conceptual and Final Landscape and Irrigation Plans for all project
slope areas and fire breaks shall be approved by the community
Development Director prior to issuance of building permits for any
phase of development. Improvements shall be installed prior to
Certificate of Occupancy. A71 landscape improvements shall be bonded
120% Faithful Performance Bond, and released at completion of landscape
requirements approval/acceptance, and bond 100% for material and labor
for one year.
24. All applicable standards established within Section 15.64 of the
Municipal Code shall be applied as long as this site retains a Zone A
classification according to the Flood Rate Insturance Maps (FIRM) as
determined by the Federal Emergency Management Agency (FEMA).
25. In the event that the alignment of the Lake Management Project's
Outflow Channel is altered and these changes related to this project in
any way, the applicant shall amend the tentative map to incorporate
said changes.
26. The applicant shall submit appropriate fees to the City for the purpose
of conducting a biological survey to determine the existence of
suitable Least Bell's Vireo Habitat on the project site. If the survey
determines that Least Bell's Vireo Habitat does not exist on site,
additional future analyses of Least Bell's Vireo Habitat will not be
required. However, if Least Bell's Vireo Habitat is found, the
applicant shall submit appropriate funds to the City to prepare a Least
Bell's Vireo spring survey of the site. The analysis and conclusions
contained in the spring survey shall be valid for a period of one year.
The applicant shall submit funds for preparation of the spring survey
within one year of design review approval. If the applicant does not
begin site grading and preparation during the one year life of the
spring survey, the applicant shall again submit appropriate funds to
the City to prepare another spring survey.
27. Per the Subdivisi<~n Map Act the final map shall be in compliance with
the tentative map.
28. The developer shall establish and recored CC&R's prior to issuance of
Certificate of Occupancy for the units. The CC &R's shall impose fees
to maintain all landscaping, parking areas, private streets, private
drainage facilities, and any other common amenities. CC&R's shall
also provide reciprocal easements for parking, access, circulation,
loading, landscaping maintenance, signage usage and maintenance in
favor of all lots, subject to the approval of the Community Development
Manager and the City Attorney. The CC &R's shall prohibit outside
storage and shall furnish information on any environmental hazards or
constraints to all future owners/lessees.
PAGE SIX - CITY COUNCIL MINUTES - AUGUST 11, 1992
Conditions = Engineerinq Division
29. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code prior to
final map approval.
30. Dedicate underground water rights to the City (Municipal Code, Title
16, Chapter 16.52.030).
31. Dedicate sufficient frontage along Chaney Street for an 88 foot
right-of-way (44 foot half-street) and along Minthorn Street for a 60
foot right-of-way (30 foot half-street).
32. All interior streets shall be 60 feet right-of-way with 40 feet curb to
curb and Street "C" shall intersect with Street "B" with a standard
knuckle.
33. Pay all Capital Improvement and Plan Check Fees (Municipal Code, Title
16, Chapter 16.34, Resolution 85-26).
34. Submit a"Wi11-Serve" letter to the City Engineering Department from
the applicable water district, stating that water and sewer
arrangements have been made for this project. Submit this letter prior
to final map approval.
35. Construct all public works improvements per approved plans (Municipal
Code, Title 12). Plans must be approved and signed by the City
Engineer prior to final map approval (Lake Elsinore Municipal Code
16.34).
36. Street Improvement plans and specifications shall be prepared by a
Civil Engineer. Improvements shall be designed and constructed to
Riverside County Road Department Standards, latest edition, and City
Codes (Lake Elsinore Municipal Code 12.04 and 16.34).
37. Applicant shall enter into an agreement with the City for the
construction of public works improvements and shall post the
appropriate bonds.
38. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Department for construction of off-site public works
improvements (Municipal Code, 7itle 12, Chapter 12.08, Resolution
83-78).
39. Applicant shall obtain all necessary off-site easements for off-site
grading from the adjacent property owners prior to final map approval.
40. Arrangements for relocation of utility company facilities (power poles,
vaults, etc.) out of the roadway or alley shall be the responsibility
of the property owner or his agent.
41. Provide fire protection facilities as required in writing by Riverside
County Fire Department.
42. On-site drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or conveyed
to a drainage easement.
43. A71 natural drainage traversing site shall be conveyed through site, or
shall be collected and conveyed by a method approved by the City
Engineer.,
44. Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer prior to approval of final map. Developer shall mitigate any
flooding and/or erosion downstream caused by development of site and
diversion of drainage.
PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
45. All drainage facilities in this tract shall be constructed to
Riverside county Flood Control District Standards. The strom drain
connections to Temescal Wash shall be approved by Riversdie County
Flood Control Project.
46. All compaction reports, grade certifications, monument certifications
(with tie-notes delineated on 3-i/2" x 11" mylar) shall be submitted
to the Engineering Department before final inspection of public works
improvements will be scheduled and approved.
47. Provide street lighting and show lighting improvements on street
improvement plans as required by the City Engineer.
48. The 100-year flood plain shall be indicated on the map.
49. Tract phasing plan shall be approved by the City Engineer. Bonding for
public improvements for each phase shall be approved by the City
Engineer.
50. Until Street "D" is completed, secondary access shall be provided by
dedicated public right-of-way subject to the approval of the City
Engineer and Riversdie County Fire Department. Minimum width of
secondary access shall be 30 feet. Once "D" Street is completed the
secondary access will be vacated.
51. The flood Control Outlet Channel right-of-way across this property
shall be dedicated to the City upon approval of the first phase of this
map.
52. Street "D" shall be connected to Silver Street and Silver Street shall
be improved to Minthorn Street. Silver Street shall be graded to
ultimate alignment and paved for two travel lanes (25 feet).
53. Developer may provide funds for the City to hire an assessment engineer
to form a benefit-reimbursement district to reimburse the developer for
improving Silver Street off site.
54. Applicant shall submit a geotechnical report evaluating liquefaction
potential, possible on site faulting and other secondary geologic
constraints.
55. Developer shall contribute their pro-rata share for the design and
construction for traffic signals for the following intersections:
Collier/Chaney 38%
Collier/Chaney 10%
I-15 south bound ramp/Central 8%
I-15 north bound ramp/Central 6%
Collier/Riverside 4%
56. 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.
57. All improvements plans and parcel maps 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 developer
to pay $1,000.00 per sheet for City digitizing.
58. All lot drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or conveyed
to a drainage easement.
59. Developer to provide No Parking and Street Sweeping signs for streets
within tract or pay a fee for installation by City.
PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 11, 1992
60. Developer shall install blue reflective pavement markers in the street
at all fire hydrant locations.
61. The owner shall provide the City with proof of his having filed a
Notice of Intent with the Regional Water Quality Control Board for a
Natural Pollutant Discharge System Permit prior to issuance of grading
or building permits.
62. All utilities except electrical over 12kv shall be placed underground,
as approved by serving utility.
ORDINANCE N0. 935
AN ORDINANCE OF THE CITY Of LAKE ELISNORE, CALIFORNIA, REZONING, SIX
ACRES FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO M-1 (LIMITED MANUFACTURING)
LOCATED AT THE SOUTHEAST INTERSECTION OF CHANEY AND MINTHORN STREETS
(ZONE CHANGE 91-7 - CHANEY BUSINESS PARK): MOLA DEVELOPMENT.
UPON THE FOLLOWING VOTE:
AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: ALONGI
23. Resolution No. 92-57 = TMC Communities - North Peak Annexation No. 54.
(F:20.2) - - -
City Planner Christen detailed this item and its location. He advised that
this annexation involves approximately 2,288 acres and this is the final
step in the annexation.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:33 p.m. asking those persons
interested in this item to speak. The following persons spoke:
Edith Stafford, 54 Elm Street, advised that she had received a notice on
this hearing and requested clarification of its location so she could
determine the impact on her property. Mr. Christen showed a map indicating
the location.
Burnham Peterson, advised that he owns property on E1 Toro Road and
questioned the impact of the annexation on his property. City Attorney
Harper clarified that the annexation is property completely owned by TMC
Communities.
Mayor Washburn closed the public hearing at 7:35 p.m.
Councilman Winkler requested determination from the City Attorney as to his
potential for conflict based on property ownership.
City Attorney Harper advised that the annexation has no impact on Mr.
Winkler's property, however he may be prohibited from voting on the final
project. He further advised that he would be providing a formal analysis
of the potential for conflict because material financial impacts could
occur.
Mayor Pro Tem Dominguez questioned the verbiage in the resolution
addressing detachment from Ortega Trails. Mayor Washburn further inquired
if the verbiage should be deleted since the LAFCO decision is pending on
this portion. City Attorney Harper clarified that the verbiage was not a
problem, because that would still carry the City's intent.
PAGE NINE - CITY COUNCIL MINUTES - AUGUST 11, 1992
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-57:
RESOLUTION N0. 92-57
A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDERING TERRITORY DESIGNATED ANNEXATION N0. 54, ANNEXED TO THE CITY OF
LAKE ELSINORE WITHOUT NOTICE OF HEARING AND CONCURRENT DETACHMENT FROM THE
ORTEGA TRAILS RECREATION AND PARK DISTRICT.
24. Determination of "Vicious" Do~c = 32480 Racouet Club ~. (F:18.1)
City Manager Molendyk explained that the Food and Agriculture Code Section
31503 et seq. provides that the determination that a dog is vicious and
subject to impoundment may be made pursuant to either a petition to the
Municipal Court or to the City with jurisdiction, subject to appeal to the
Municipal Court.
Willa Bagwell, Assistant Director of L.E.A.F. explained that there had been
several complaints from mid May to early July regarding vicious dogs at
this location; and in the beginning there were two pit bulls. Eventually
the owner removed one of the pit bulls with one remaining. She further
explained that the remaining dog is identified as Stomper who is 10 months
old and 85 pounds. The officers visited the residence and told the owner
that the animal must be confined and licensed. After warning to confine
the dog, it was allowed out and threatened one of the neighbors. She
further explained that on July 2, 1992, the dog was deemed dangerous and
guidelines were set d~wn to Mrs. Perry stating that the dog was to be kept
in a rear yard behind a substantial fence, on a chain which can withstand
repeated leaps and lunging, when in the front yard the dog must be leashed
and muzzled, "Beware of Dog" signs to be posted on fence, a hole under the
fence to be repaired and all gates were to remain padlocked. On July 19,
1992 the dog broke his chain and ran at the fence of the next door neighbor
who was in their yard. The neighbor then armed himself and called for
assistance. On July 21, 1992, she observed that the dog was attached to a
puppy chain attached to a P.V.C. sprinkler head, no signs had been posted,
the hole under the fence had not been fixed and neighbors had observed the
dog in the front yard without a muzzle. The dog was impounded and is being
boarded pending a decision by Council.
City Attorney Harper noted that the letters of complaint are included in
the staff report.
Mayor Washburn opened the public hearing at 7:43 p.m. asking those persons
interested in this matter to speak:
Randall McKinney, 32485 Racquet Club Way, explained that he has been at
that residence for several years and has had no conflict until this time.
He advised that he has been confronted by the dog in his own yard, his son
had been chased while riding his bike. He requested that the City Council
not allow the dog back into the neighborhood, due to his vicious behavior
and a lack of cooperation by the owners.
Joseph Lascoski, 3249d Racquet Club Way, stated that he lives next door to
the dog in question and his fence had been breached and he was threatened.
Although the neighbor had fixed the fence he stressed that he did not feel
safe letting his two children play in the back yard because he felt that
the dog could possibly make entry again and do injury to his children.
Dave Williams, 32505 Racquet Club Way, explained that he has had no
personal experiences with the pit bull, but stated his concern with the
potential hazard if the dog got loose. He further explained that he
concurs with his neighbors that the dog should be removed from the
neighborhood.
Michael Wehn, 32470 Racquet Club Way, explained that his family is the one
PAGE TEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
that has had the most problems with this dog and has had the dog break
through his fence on two occasions; and now he feels that he must arm his
home to protect his family. He further stated that the owner shows no
concern for the safety of the neighbors and it is his opinion that the
owner has trained the dog to be vicious.
Robert Perry (owner), 32480 Racquet Club Way, advised that his dog has
never bitten anyone and although the fence has been breached by his dog,
it is because the fence is not strong enough to contain the dog. He
further advised that the dog has not attacked anyone nor bitten anyone and
asked Council not to destroy his dog, as it has not been trained to be
vicious nor has it done anything to merit being destroyed.
William Gordon, 32500 Racquet C1ub Way, explained that he was the first to
have an incident with the dog and at the time the dog displayed vicious
behavior. He asked that the Council resolve this issue due to the fact
that the dog is not supervised or controlled.
Randy Huffman, 32470 Racquet Club Way, stated that his pets are kept in a
chain link dog run because he is in fear for their lives because of the
nature of this pit bull and fears the potential for injury to the children
of the neighborhood.
Mr. Perry re-approached the City Council with pictures of the fence and the
way that the dog was chained. He stated that he felt that the dog was
secure and that he ha~ met with the requirements of Animal Control.
Hearing no further comments Mayor Washburn closed the public hearing at
8:04 p.m.
Mayor Washburn reopened the public hearing at 8:04 to allow for further
comment from the public.
Mr. William Gordon stated that the dog is dangerous and that the pictures
displayed are not how the dog was restrained.
Ms. Bagwell stated that the dog was on a puppy chain that was hooked to a
sprinkler head the day before the dog was impounded.
Mr. When explained that the chain used was not what is shown in the
picture, the chain he has seen is a puppy chain and further explained that
the owner has threatened to do him harm if anything was to happen to his
dog. He further explained that he has seen Mr. Perry abuse the dog.
Ms. Bagwell explained that when the dog is on a leash with the wife the dog
is in control, but when the dog is with Mr. Perry the dog acts in a vicious
manner.
Hearing no further comments, Mayor Washburn closed the public hearing at
8:09 p.m.
Councilwoman Cherveny stated that her first concern is public safety and
stated that a family should feel safe in their own back yard. She further
stated that citizens should not be in fear for their childrens lives. She
stressed that she loves animals, but would not like to see a child brought
before Council that had been bitten.
CounciTman Winkler concurred with Councilwoman Cherveny.
Councilman Dominguez asked what was done with the other pit bull. Mr.
Perry explained that the other dog was returned to his brother. Mr.
Dominguez asked if there was a recommendation.
City Attorney Harper explained that Council can make a ruling from removing
he dog and placing it in another location to having the dog destroyed.
Ms. Bagwell recommended that the dog not be destroyed, because while at the
PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
shelter, the dog has been well behaved, but it is her recommendation that
the dog not be returned to the owner.
The City Attorney Harper explained that the first determination that needs
to be made is that the dog is determined to be vicious; then the second
determination is what is to be done with the dog and Council can make a
finding that L.E.A.F. can retain physical custody of the dog until they can
place it in a satisfactory situation. He further explained that the
declaration of vicious dog has a legal meaning as well and based upon the
testimony which declares that the dog has approached in a manner to
threaten then the dog is declared vicious.
Councilman Winkler asked if a determination to have L.E.A.F. take
custody is possible. City Attorney Harper confirmed that it could be done
that way.
Councilman Alongi explained that there are dogs who are known to be vicious
with men and vicious with women because of the way the animals are bred.
He further explained that he would not place this dog anywhere because the
dog will respond viciously with any man.
Mayor Washburn clarified that there are two determinations to be made, one
is to determine if the dog is vicious and the other is to determine what to
do with the dog.
MOVED BY DOMINGUEZ AND SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE THAT
THE PIT BULL DOG OWNED BY BOBBIE AND AVA PERRY, AT 32480 RACQUET CLUB WAY, BE
DECLARED VICIOUS.
Councilwoman Cherveny expressed her concern that if the dog was to be
placed in another home it would just be transfering the problem, as the
dog has already been taught to respond in a vicious manner with a man.
Ms. Bagwell stated that the doq has been observed by animal trainers and
has not displayed vicious behavior. She furthur stated that in the case
of a vicious dog, Animal Control usually asks that the animal be destroyed,
however, in this case, it is not their recommendation.
Councilman Alongi explained that the pit bull breed is unpredictable and
he feels that the dog should be destroyed.
Mayor Washburn asked how L.E.A.F. would determine what family the dog could
go to. Ms. Bagwell explained that if the dog is adopted, it would be by a
responsible person or family and an inspection would have to be made of
their fences and property. She further explained that the dog could still
be destroyed if a suitable owner is not found.
Councilman Winkler asked if the prospective family would be notified that
the dog had been found to be vicious by the Council. Ms. Bagwell confirmed
that they would be notified.
Councilman Dominguez asked what kind of an evaluation would be done after
the dog is placed, if it is. Ms. Bagwell explained that there would be
follow-up evaluations, after placement.
Councilwoman Cherveny asked how long L.E.A.F. would keep the dog before it
is destroyed. Ms. Bagwell explained that it would be a period of
approximately two weeks.
MOVED BY ALONGI, SECONDED BY CHERVENY TO HAVE THE DOG DESTROYED. MOTION
FAILED BY A VOTE OF 1 TO 4 WITH ALONGI CASTING THE VOTE TO APPROVE.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH
ALONGI CASTING THE DISSENTING VOTE TO RELEASE THE DOG TO L.E.A.F., NOT THE
ORIGINAL OWNER, FOR SUPERVISION AND FOLLOW UP.
PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 11, 1992
BUSINESS ITEMS
31. Buildinq Activitv Reoort = Julv, 1992. (F:32.2)
City Manager Molendyk highlighted this item.
MOVED BY DOMINGUEZ, SECONDED BY CNERVENY AND CARRIED BY UNANIMOUS VOTE TO
RECEIVE AND ORDER fILED THE BUILDING ACTIVITY REPORT FOR JULY, 1992.
32. Code Enforcement Activitv Re ort = Ju1v, 1992. (F:54.1)
City Manager Molendyk presented this item.
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO
RECEIVE AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR JULY, 1992.
33. Structure Abatement Activitv Report = Julv• 1992. (F:32.4)
City Manager Molendyk introduced this item.
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO
RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR JULY, 1992.
34. Set Public Hearinq Date of Auaust 25~ 1992, for the Followina:
a. Zone Code Amendment No. 92-1 - City of Lake Elsinore. (F:172.2)
b. Zone Code Amendment No. 92-2 - City of Lake Elsinore. (F:172.2)
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO
SCHEDULE THE PUBLIC HEARINGS AS PROPOSED.
35. Recoverv of Expenditures for the Abatement of Weeds, Rubbish, Refuse and
Dirt = Resolution No. 92-58. (F:166.1) -
City Manager Molendyk explained this item and detailed the total number of
parcels and cost involved.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-58:
RESOLUTION N0. 92-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH
ABATEMENT, CONfIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL
OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF
CALIOFRNIA, AND PROVIDING THAT THE COSTS THEREOf ON EACH PARCEL OF LAND
SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT
TO SECTION 39574 Of GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND
PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GVOERNMENT
CODE.
36. Lease of Buildin4 at 108 Librarv. (F:68.1)
City Manager Molendyk explained that this item was continued from the last
City Council meeting to allow for an inspection of this building. He
advised that it was inspected and the necessary improvements will cost
approximately $3,500 to 5,000. He recommended that staff be authorized to
proceed with the improvements and the rental cost be increased to off-set
those costs.
Mayor Washburn commented on the need to change the agreement to include the
proposed changes.
Councilman Alongi advised that he had discussed this item with Mr.
PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
Dominguez and because of the lessee's cooperation with the City he was
changing his stand and supporting this arrangement.
MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO
AUTHORIZE STAFF TO MAKE THE NECESSARY IMPROVEMENTS TO BOTH BUILDINGS; CHANGE
THE PER SQUARE F00T RENTAL COST FROM 40-CENTS TO 50-CENTS PER SQUARE FOOT TO
RECOVER FUNDS EXPENDED FOR IMPROVEMENTS AND AUTHORIZED THE MAYOR TO EXECUTE THE
LEASE AGREEMENT.
37. Request for Co-Soonsorshio & Waiver of Fees = Public Safetv Fair _ Vons
Grocerv Store. (F:127.2)
City Manager Molendyk detailed this request; and commented that staff feels
that the program has a lot of inerit. He explained that the City's
Co-sponsorship would be the provision of an officer with a car for the
fair; and a Community Services Department representative discussing water
safety. He also explained that Vons would still be required to provide a
certificate of insurance.
Councilman Alongi commented that this is the type of activity he would like
to see accommodated with waiver of fees, etc.; particularly when they
involve public safety.
Councilwoman Cherveny commented that the Public Safety Committee would have
liked prior knowledge of this item.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE
THE REQUEST FOR CO-SPONSORSHIP, WAIVE ALL RELATED FEES AND REQUIRE THAT VONS
PROVIDE A CERTIFICATE OF IvSURANCE LISTING THE CITY AS ADDITIONALLY INSURED IN
THE AMOUNT OF $1,000,000.
38. Extension of Time #2 for Tentative Tract Map 22904. Revision #6 - Can on
~ Develo~ment Coro• = Located at the Northerlv Terminus of Scenic Ridpe
Road Tuscan Hill Saecific Plan Area .(F:160.2)
City Planner Christen detailed this item and the prior consideration. He
further detailed the additional conditions which are proposed and advised
that with this extension of time, the map will expire on July 25, 1993.
Mayor Washburn requested the addition of Condition #59 requiring that the
developer shall insure that all promotional material will identify Lake
Elsinore as the location of the project. He further suggested that all
future maps include that verbiage.
MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO GRANT
THE 12 MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP N0. 22904, REVISION #6
BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL WITH THE INCLUSION OF CONDITION #59 AS PROPOSED BY MAYOR.
Findin4s
1. Substantial progress toward the development of this Tract Map has taken
place.
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 pruposed and conditioned is consistent with the Goals,
Policies, and Objectives of the General Plan.
Conditions - Plannina Division
1. Extension of time for Tentative Tract Map No. 22904, Revision #6 will
expire on July 25, 1993 unless an additional extension of time is
granted by the City of Lake Elsinore City Council in accordance with
PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
the Subdivision Map Act and Title 16 of the Lake Elsinore Municipal
Code.
2. The Tentative Tract Map shall comply wiht 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. The applicant shall provide connection to public sewer for each lot
within the subdivision. No service lateral shall cross adjacent
property lines and shall be delineated on engineering sewer plans and
profiles for submittal to the Elsinore Valley Municipal Water District.
4. A precise survey with closures for boundaries and all lots shall be
provided, per City Ordinance.
5. Applicant shall record CC & R's for the project prohibiting on-street
storage of boats, motorhomes, trailers and trucks over one (1) ton
capacity. CC & R's shall also include screening any ground base disk,
no roof-mounted or front yard satellite dish shall be allowed. The CC
& R's shall be subject to the approval of the Community Development
Director or his designee, prior to recordation of any deeds or
recording of the final map. Any revision of CC & R's shall be subject
to the approval of the Director of Community Development or his
designee.
6. House plotting, architectural drawings, floor plans, landscaping and
fencing plans shall require Minor Design Review approval prior to
issuance of building permits. Erosion control plans will be submitted
and approved prior to the issuance of grading permit. The erosion
control plans will include on-site and off-site mitigation.
7. Applicant shall meet all Condition of Approval prior to the issuance of
a Certificate of Occupancy and release of utilities.
8. Prior to issuance of any grading permit or building permit, subdivider
shall sign and complete an "Acknowledgment of Conditions" and shall
return the executed original to the Community Development Department
for inclusion in the case records.
9. Applicant shall submit and receive approval of landscape and irrigation
plans for model homes, back-up wall areas, street trees and slope
planting in accordance with the City Landscape Guidelines (April 1988
unless revised), prior to issuance of grading permits.
10. A71 signage for this project shall require appropriate City permits.
11. All trailers utilized during construciton, mail boxes, and signage
shall be subject to City Planning Review and approval prior to
installation.
12. Applicant shall meet all requirements of the Riverside County Fire
Department for fire protection.
a) Schedule "A" fire protection approved standard fire hydrants,
(6"x4"x2-1/2") located one at each street intersection and spaced no
more than 330 feet apart in any direction, with no portion of any lot
frontage more than 165 feet from a hydrant. Minimum fire flow shall be
1000 GPM for 2 hours duration at 20 PSI.
b) Applicant/developer shall furnish one copy of the water system plans
to the Fire Department for review. Plans shall conform to fire hydrant
types, location and spacing, and the system shall meet the fire flow
requirements. Plans shall be signed/approved by a registered civil
engineer and the local water company with the following certification:
PAGE fIFTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
"I certify that the design of the water system is in accordance with
the requirements prescribed by the Riverside County Fire Department"
c) Remove the cul-de-sac form the east end of Street "C" and extend the
street to the main collector road using minimum grade, alignment, turn
radii and intersection design consistent with tract design.
--OR--
d) Remove the cul-de-sac from the west end of Strteet "C" and extend
the road with minimum 24 foot paved section (with appropriate grade and
alignment) to a City maintained road.
e) Applicant to pay proportion of cost of establishment of a southeast
area fire station to ensure timely delivery of said station concurrent
with demand for services imposed by this project.
13. Applicant must meet all requirements of Elsinore Valley Municipal Water
District prior to granting the Certificate of Occupancy.
a) Pay water connection fee per Resolution No. 854 prior to Certificate
of Occupancy issuance.
b) Pay sewer connection fee per Resolution No. 954 prior to Certificate
of Occupancy issuance.
c) Submit hydraulic analysis for sewer line and facilities sizing.
d) Submit hydraulic analysis for water line and facilities sizing.
e) Design and construct water line along entire project frontage(s) to
Elsinore Valley Municipal Water District Standards.
f) Design and construct sewer line along entire project frontage(s) to
Elsinore Va11ey Municipal Water District Standards.
g) Sewer connections for this project shall be constructed
independently of adjacent projects, if required.
h) The water tank for the 1601 pressure zone to be constructed on lots
80 and 81 shall be constructed underground in order to screen it from
public view.
14. Prior to issuance of building permits, applicant shall provide
assurance that all required fees to the Lake Elsinore School District
have been paid.
15. All recommendations listed under Section 5.0 (pages 13-17) in the
Geotechnical Report dated December 2,3 1987, (Appendix "D" of the
Enviornmental AssE~ssment) shall be submitted to the Building Department
with any other reports required for grading plan check.
16. If during grading or construction for this project, any artifacts of
archaeological, paleontological, or cultural significance are revealed,
all such operations shall cease until such time as an appropriately
qualified individual or consultant has determined the significance of
said artifacts and/or their potential for removal.
17. Applicant to pay all per-acre mitigation fees toward the Habitat
Conservation pTan for the Stephens Kangaroo Rat and/or any other
endangered species which may be listed prior to recordation of the
final map.
18. All grading operat,ions to be scheduled out of the rainy season. All
exposed slopes to be reseeded following construction.
PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
19. Applicant to obtain Department of Fish and Game 1601-1603 Notification
prior to any construction or grading in drainage courses to determine
appropriate mitigation, if applicable.
20. All mitigation measures proposed in the technical appendicies for this
project (dated April 5, 1989) to be included as condition of approval
for this project.
21. All ground support air conditioning units, gas meters, electrical boxes
or other electrical or mechanical equipment incidental to development
shall be screened so that they are not visible from neighboring
property or public streets. (Solar energy collectors and apparatus
excepted).
22. All landscaping to be bonded 120%, Faithful Performance Bond, and
released at completion of installation of landscape requirement
approval/acceptance, and bond 100% for material and labor for one year.
Conditions = Enpineerinp Division
23. Construct all public works improvements per approved street plans
(Municipal Code, Title 12), which must be approved and signed by the
City Engineer prior to approval of final map (L.E.M.C. 16.34).
24. Public works improvment plans and specifications shall be prepare by a
Civil engineer and improvements shall be to Riverside County Road
Department Standards and City Codes (L E.M.C. 12.04 and 16.34).
25. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Department for construction of public works off-site
improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution
83-78).
26. Dedicate underground water rights to the City (Municipal Code, Title
16, Chapter 16.52.030).
27. Submit a letter of verification (will-serve) to the City Engineering
Department, from the applicable water district, stating water and sewer
arrangements have been made for this project and all sewer and water
easements shall be secured prior to final map approval.
28. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title
16, Chapter 16.34; Resolution No. 85-26).
29. All public works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code.
30. All compaction reports, grade certification, monument certification
(with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to
Engineering Department before final inspection of off-site improvements
will be scheduled and approved.
31. Provide fire protection facilities as required in writing by Riverside
County Fire Deparmtnet.
32. Provide street lighting and indicate on street improvement plans as
required by the City Engineer.
33. Enter into a subdivision agreement with the City for off-site
improvements and post appropriate bonds.
34. Contribute $200 for the City-wide Entry Sign Program.
35. Hydrology and Hydraulic study shall be submitted to the Engineering
Department for review and approval by City Engineer before final map
approval. Design flows shall include a bulk factor for debris.
PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
36. Developer shall mitigate any flooding and/or erosion downstream caused
by development of site or redirecting drainage, method to be approved
by City Engineer.
37. Downstream acceptance letters will be necessary from the downstream
property owners for outletting the proposed storm run-off on private
property.
38. Street "A" shall terminus with a standard cul-de-sac.
39. Desirable grade for local streets is 9%. The maximum grade of 15%
should only be used because of design constraints.
40. Secondary access shall be provided for Tract 22904. The secondary
access shall be from the westerly or easterly terminus of "C" Street.
The access road shall provide a 60 foot R/W with 40 foot curb to curb.
The access road shall meet Riverside County Road Department Standards.
With the present state of development in the area, the preferred
secondary access road should traverse through Tract 17413-3.
41. Provide for extension of "A" Street to Railroad Canyon Raod or show
evidence that Tract 20704 and 20705 will provide access to Railroad
Canyon Road.
42. Applicant shall provide a homeowner's association with CC & R's for
maintenance of the open space.
43. Developer shall provide an approved open space conservation easement
for the tracts open space with a fuel modification zone for a fire
break to be maintained by a homeowners association.
44. Developer shall agree to be annexed to a benefit assessment district
for the improvements of Railroad Canyon Road from I-15 to city limits.
45. Developer shall actively participate in a Mello Roos Community
Facilities District (CFD) for the expenses of fire, police and flood
control maintenance services. The CFD will also provide for the costs
of all infrastructure facilities that benefit this tract.
46. Developer shall agree to participate in a benefit assessment district
for the csots of the bridge across San Jacinto River at Summerhill
Drive and/or any other infrastructure improvements which benefit
project site.
47. All improvement plans and tract maps shall be digitized. At
certificate of occupancy applicant shall submit tapes and/or discs
which are compatible with City's ARC Information/GIS or developer to
pay $1,000 per sheet for City digitizing.
48. Developer shall provide No Parking and Street Sweeping Signs for
streets within tract or pay a fee for installation by the City.
49. Developer shall install blue reflective pavement markers in the street
at all fire hydrant locations.
50. No findings of substantial conformance with the approved tentative map
shall include the addition of any Single family lots above the 81
Single family lots approved by City Council on July 25, 1989.
51. Landscape plans submitted for project slopes, streetscapes, fire
department fuel modification zones, etc... shall be reviewed and
approved by the City's Landscape Architect. Landscape plans shall
include colored down drains for all slopes, and slope landscaping
provided that minimizes stark cuts such as clustered plant groupings
of ground cover, shrubs and trees. Landscape plans must be reviewed,
PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
approved and landscaping installed prior to a certificate of occupancy
for any lots.
52. All graded project slopes shall incorporate down drains located to the
sides of the slopes rather than in the center of the slope face
wherever feasible. Down drains located on slopes behind single family
lots shall be aligned, to the extent feasible, with property lines.
Evidence of technical infeasibility must be submitted in writing by a
registered professional engineer.
53. Prior to issuance of building permits the developer shall participate
in the formation of a Community Facilities Q.istrict for the
construction of adequate fire facilities to serve the site.
54. Any model complex shall provide for off-street parking, and one model
shall incorporate xeriscape landscaping with identifying signage.
55. Street trees shall be 24" box and be provided in accordance with the
City's adopted Landscape Guidelines.
56. Developer shall be subject to all Master Planned drainage fees and will
receive credit for all Master Planned drainage facilities construction.
57. 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.
58. The owner shall provide the City with proof of his having filed a
Notice of Intent with the Regional Water Quality Control Board prior to
issuance of grading permit.
59. Developer shall ensure that all promotional materials for this project
shall identify the location as Lake Elsinore.
39. Extension of Time for Tentative Tract Ma~ 25831 - The Clurman Com~anv.
Inc. _ Located within the Ramsaate Snecific Plan. (F:160.2)
City Planner Christen detailed this item and advised that due to economic
and market conditions, this project is in need of additional time. He
detailed the proposed additional conditions.
Councilman Alongi requested verbiage included in Condition #55 to allow the
City to trespass to maintain the property, if it is not maintained by the
applicant or homeowners association. City Attorney Harper clarified that
the City would reserve the rights to do maintenance and assess fees.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO
APPROVE THE EXTENSION OF TIME TO AUGUST 14, 1993, BASED ON THE FOLLOWING
FINDINGS AND SUBJECT TO THE fOLLOWING CONDITIONS OF APPROVAL, TO INCLUDE
CONDITION #60 REGARDING PROMOTIONAL MATERIALS IDENTIfYING THE LOCATION AS
LAKE ELSINORE.
Findinas
1. Substantial progress toward the development of this Tract Map has taken
place.
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.
PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
Conditions = Planninp Division
1. Extension of time for Tentative Tract Map No. 25831 will expire on
August 14, 1993 unlesss 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. This Tentative Tract Map shall be subject to the approval of a Specific
Plan Amendment adding this tract into the Ramsgate Specific Plan; and
establishing the Specific Plan Zoning.
4. The applicant shall comply with the approved Ramsgate Specific Plan, as
deemed by the Community Devleopment Manager.
5. Administrative Design Review shall be required of all residential
development prior to the issuance of a building permit. Design Review
will be required of all non-residential development.
6. Applicant shall record CC & R's for the tract prohibiting on-street
storage of boats, motor homes, trailers, and trucks over one-ton
capacity, roof mounted or front yard microwave satellite antenna. The
CC & R's shall be approved by the Community Deve7opment Manager prior
to recordation of Final Map.
7. The dimensions of all residential lots shown on the Final Tract Map
shall comply wiht the minimum standards established in the Ramsgate
Specific Plan.
8. Street names for all streets within the Tentative Map shall be approved
by the Community Development Manager.
Conditions = Enaineerin4 Division
9. Prior to the issuance of any grading permit or building permit, the
applicant shall sign and complete an "Acknowledgment of Conditions" and
shall return the executed original to the Planning Department for
inclusion in the case file.
10. Fence location and walls indicated on a grading or landscape plan and
consistent with the Ramsgate Specific Plan shall be approved by the
Community Development Manager or designee prior to the release of the
Certificate of Occupancy.
11. Grading and construction plans shall incorporate erosion control
measures as required by the building official.
12. Improvement plans, including sewer, water and drainage shall be
approved prior to the Final Map approval.
13. Grading Plans for this subdivision shall comply with the grading
objectives and gu~idelines established in the Ramsgate Specific Plan.
14. All public works ~•equirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code.
15. Pay all Capital Improvement and Plan Check Fees (Lake Elsinore
Municipal Code, Title 15, Chapter 16.34; Resolution No. 85-26).
16. Submit a letter of verification (will-serve) to the City Engineering
Department, form the applicable water district, stating water and sewer
arrangements have been made for this proejct and all sewer and water
easements shall be secured prior to final map approval.
PAGE TWENTY - CITY COUNCIL MINUTES - AUGUST 11, 1992
17. Intersecting Streets on the inside radius of a curve will only be
permitted when adequate sight distance is verified by the Registered
Engineer.
18. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Department for construction of public works off-site
improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution
83-78).
19. Provide street lighting and indicate on street improvement plans as
required by the City Engineer.
20. All lot drainage shall be conveyed to a public facility or accepted by
the adjacent property owners by a letter of drainage acceptance or
conveyed to a drainage easement.
21. Prior to the recordation of the Final Map, all public improvements
shall be designed and constructed or bonded for in accordance with
plans and specifications meeting the approval of the City Engineer and
the Chief Building Official as amended by the Ramsgate Specific Plan.
22. All utilities except electrical over 12 kv shall be placed underground,
as approved by the serving utility.
23. All compaction reports, grade certification, monument certification
(with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted
to the Engineering Department before final inspection of off-site
improvements will be scheduled and approved.
24. The Developer shall pay for "No Parking" and street sweeping signs.
25. Public works improvement plans and specifications shall be prepared by
a civil engineer and improvements shall be to Riverside County Road
Department Standards and City Codes (L.E.M.C. 12.04 and 16.34). As
amended by the Specific Plan.
26. All local streets as determined by the Community Development Manager
shall have sixty (60) feet right-of-way and forty (40) feet
curb-to-curb. Restricted to local double loaded streets (cul-de-sacs
and looped streets 1,000 feet or less) shall have fifty feet (50) of
right-of-way and thirty-six feet (36) curb-to-curb with a three (3)
foot utility easement on each side of the street.
27. Desirable grade for local streets is nine percent (9%). A maximum
grade of fifteen percent (15%) should only be used in design constraint
consideration.
28. Developer shall contribute to the City's Master Entry Way Sign Program
at a rate of $100. per every forty dwellings.
29. Developer shall obtain all necesary off-site easements for off-site
grading from the adjacent property owners prior to approval of Final
Map.
30. All drainage facilities in this tract shall be constructed to Riverside
County Flood Control District standards.
31. Provide Soils, Geology and Seismic reports including street design
recommendations prior to recordation of Final Map. Provide final soils
report showing compliance with preliminary and finish grade
certification.
32. Developer shall provide an approved open;space conservation easement
for the tracts open space with a fuel modification zone for a fire
break to be maintained by a homeowner's association.
PAGE TWENTY-ONE - CITY COUNCIL MINUTES - AUGUST 11, 1992
33. The developer shall be generally eligible for reimbursement agreement
from surrounding developments for the cost of off-site improvments
required of this project.
34. The fifty (50) foot Southern Claiforinia Edison (SCE) easement running
through the tract shall be landscaped with the approval of the
Community Development Manager and SCE. SCE generally limits
landscaping to that, which on the maturity, won't grow highter than
fifteen (15) feet in height and no trees or shrubs within twenty (20)
feet of the power pole or structure.
35. "L" Street in Tract 25479 shall be evaluated and approved by the
Community Development Manager to determine if it is appropriate for
extension into this tract prior to the approval of the final Tract
Map.
36. Applicant shall meet all Conditions of Approval prior to the issuance
of a Certificate of Occupancy and release of utilities.
37. Applicant shall meet all requirements of the Riverside county Fire
Department for fire protection.
38. Prior to issuance of building permits, applciant shall provide
assurance that all required fees to the Lake Elsinore School District
have been paid.
39. All structures shall be designed to incorporate all state and local
water conservation regulations, subject to the approval of the Chief
Building Official.
40. All buildings shall be constructed wiht the fire retardant roofing
materials as described irr Section 3203 of the Uniform Buidling Code.
41. Submit a schedule of public works improvements based upon the timing of
occupancy of the tract prior to final map approval.
42. All lots will be served with mail delivery units subject to the
approval of the Lake Elsinore Post Master, Community Development
Manager and Public Works Director.
43. The applicant shall agree to be a participant in the preparation of a
specific plan on the property north of this tract. This obligation
would be for the purpsoe of modifying the edges of this tract as may be
required to properly develop the neighboring properties. If the
Specific Plan is not initiated prior to the Certificate of Occupancy on
the final unit, tf~is obligation will be waived.
44. Trellis Lane shall be improved between this tract and Highway 74 with a
minimum of 2 paved lanes or as required of Tentative Tract Map 25479
should its recordation occur first, subject to the approval of the City
Engineer.
45. Dedicate underground water rights to the City (Municipal Code, Title
16, Chapter 16.52.030).
46. Hydrology and Hydraulic Study shall be submitted to the Engineering
Department for review and approval by City Engieer before final map
approval. Developer shall mitigate any flooding and/or erosion
downstream caused by development of site and diversion of drainage.
47. Prior to the Final Map recordation, a public work construction
agreement shall be entered into by the developer(s), owner(s) and the
City.
48. Applicant shall post required bonds for public works improvements
as established for the project by the City Engineer prior to final map
approval.
PAGE TWENTY-TWO - CITY COUNCIL MINUTES - AUGUST 11, 1992
49. With the development of this site, all storm facilities shall provide
tract and downstream property owners with 100 year storm flood control
protection.
50. Downstream acceptance letters will be necessary from the downstream
property owners for outletting the proposed storm run-off on private
property.
51. A71 improvement plans and tract maps shall be digitized. At
certificate of occupancy applicant shall submit tapes and/or,discs
which are compatible with City's ARC Information/GIS or developer to
pay $1,000 per sheet for City digitizing.
52. If this tract develops before the Ramsgate tracts, this applicant will
be responsible for providing two (2) paved access roads to their tract
as approved by the City Engineer.
53. Applicant shall contribute five percent (5%) towards the cost of design
and construction of the traffic signals per the circulation
recommendations by the traffic study by Kunzman Associates.
54. A portion of the Tract 25831 lies within an area which is part of the
Hydrology Study for the Ramsgate project. The applicant shall
coordinate with said study and construct facilities required to safely
collect and convey off-site tributary flows through the site by a
method approved by the City engineer.
55. Lot "A" as shown on approved Tentative Map shall be maintained by the
Homeowner's Association.
56. Developer shall install blue reflective pavement markers in the street
at all fire hydrant locations.
57. Developer shall be subject to all Master Planned drainage fees and will
receive credit for all Master Planned drainage facilities construciton.
58. 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.
59. The owner shall provide the City with proof of his having filed a
Notice of Intent wiht the Regional Water Quality Control Board prior to
issuance of grading permit.
60. Developer shall ensure that all promotional materials for this project
shall identify the location as Lake Elsinore.
40. Citv Center Develonment - Reauest for Financial Assistance - Oak Grove
Eauities = South & East of the Intersection of Railroad Canvon Road & Graoe
Street.
City Manager Molendyk explained that staff has been working with Milt
Freeman of Oak Grove Equities on a proposed commercial site of
approximately 190,000 square feet on 48 acres located south and east of the
intersection of Railroad Canyon and Grape. He also explained that this
site is adjacent to the proposed auto mall site and this developer is in
negotiations with Wal-Mart as their principal retail tenant. He further
explained that if the City Council and the Redevelopment accept the
recommendation then the City would ask for the guidance to go back to the
developer and firm up a more specific agreement to bring back in the near
future.
Special Projects Coordinator Wood explained that the request of the
developer is for the Agency and/or the City to pledge 100% site specific
tax increment and 50% of the sales tax that would be generated from the
PAGE TWENTY-THREE - CITY COUNCIL MINUTES - AUGUST 11, 1992
activities on the site, to be pledged to pay debt service on bonds that
would be issued for purposes of on-site and off-site improvements. He
estimated that the debt would be paid-off in a period of 12 to 15 years,
and after that 100% of the tax increment and sales tax would belong to the
City.
Councilman Winkler requested clarification that the projections show that
the City and the Redevelopment Agency stand to receive a net profit of
approximately $7 million over a ten year period. Mr. Wood confirmed this
information and advised that after the pay-off, the amount would nearly
double. Mr. Winkler questioned the impact of this project on future
commercial projects. Mr. Wood explained that this would generally help
stimulate growth in the vicinity and advised that a theater and major
grocery store are also proposed for this development.
Mayor Pro Tem Dominguez commented that he felt more information is needed
on this item and suggested that it be reviewed in a Study Session.
Councilman Alongi concurred that there should be a Study Session on this
item.
Councilman Winkler commented that he would not mind a Study Session on this
matter, but suggested ~uick action to facilitate this project.
City Attorney Harper suggested that if time is an issue, this item could be
set for an adjourned or special meeting to allow for immediate action.
Councilman Alongi advised that he has met with Mr. freeman and likes the
project, however, he would like to be more sure of the financing.
Councilwoman Cherveny commented that she would concur with an adjourned
meeting. She further commented that she is excited about the project with
the theater and Wal-Mart.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH
WASHBURN ABSTAINING TO ESTABLISH A SPECIAL MEETING AS SOON AS POSSIBLE.
41. Consideration of Donation of Steohen's Kanqaroo Rat Incidental Take
Acreape to the Citv of Temecula. (F:76.2)
City Planner Christen explained this request which was initiated at a
Riverside County Habitat Conservation Agency Meeting. He further explained
the needs of the City of Temecula and the City's current allocation
breakdown.
MOUED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DENY
THE REQUEST FOR REDISTRIBUTION OF THE SKR ALLOCATIONS AND SUGGEST THAT THE CITY
OF TEMECULA ARRANGE FOR INDIVIDUAL AGREEMENTS WITH MEMBER AGENCIES WHERE
POSSIBLE.
Councilman Alongi advised that as the City's representative to Riverside
County Habitat Conservation Agency, he would like a letter explaining the
City's position for presentation at his next meeting.
42. Amendment to the Municipal Code = Kee in of Exotic Animals - Ordinance
No. 933. (F:18.1)
City Manager Molendyk explained the prior consideration of this item and
the Committee who considered the proposed ordinance which was chaired by
Councilman Alongi. He presented that ordinance based on the
recommendations of that Committee.
MOVED BY ALONGI, SECONDED BY CHERVENY TO ADOPT ORDINANCE N0. 933:
Mayor Washburn explained that he had received a request from Holly
PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - AUGUST 11, 1992
Spencer's family that this item be continued until such time as they return
from vacation. He requested that since he was unable to attend the
committee meeting and some changes were made that he was not appraised of
he asked that the motion be denied and a new motion be entertained to
continue this item.
Councilman Alongi asked what items were in question.
Mayor Washburn explained that since the individuals are not here to discuss
the item this issue should be continued. He further explained that the
ordinance precludes persons who wouTd like to have the animal who do not
have allergies; and also does not include FFA or 4-H projects which could
include Pot-Bellied Pigs,
Councilman Alongi explained that FfA does not allow Pot-Bellied Pigs at
this time and this ordinance is geared to change the life style of people
in R-1 areas who would not appreciate having a pig in their area. He
further explained that people buy their homes by zoning and he felt
that the reason for the section regarding allergies it to make it fair to
those persons who cannot have a dog or cat and need some other type of pet,
but it is not fair to impose pigs on the enti,re population if there is not
a problem. He also explained there have already been cases in this state
of people abandoning their animals and stressed that this is one of the
major problems. Mr. Alongi stated that the immediate neighbors to the
Spencers have not been in favor of having a pig next door.
Councilman Winkler asked if there was a specific problem in waiting for two
weeks until the party involved can be present.
Councilman Dominguez commented that he felt that the people should have the
opportunity to be there.
Councilwoman Cherveny commented that at least a third of the cities in
Orange County prohibit. pigs and she felt that Council is trying to
accommodate this situation.
COUNCILMEMBERS ALONGI AND CHERVENY WITHDREW THEIR MOTION.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE
THIS ITEM TO THE NEXT REGULAR CITY COUNCIL MEETING.
MOVED BY ALONGI TO HAVE THIS ITEM HEARD AS A PUBLIC HEARING. MOTION DIED FOR
LACK OF A SECOND.
43. Establishment of Fees Soecific to Pot-Bellied Pi4s. (F:18.1)
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO
CONTINUE THIS ITEM FOR TWO WEEKS.
44. Request for Reconsideration of Parkinp Restrictions on Main Street _
Reauested ~ Councilwoman Chervenv. (F:112.1)
City Manager Molendyk explained this request for reconsideration and
advised that three votes would be required to allow for reconsideration of
this item.
Rick Warner, D.B.A. President, stressed the need for the City Council to
support the local business people and the growth of the downtown business
district. He further stressed the need to be sensitive to the merchants'
requests.
Councilman Winkler advised that he has met with Mr. Warner to consider the
sensitivity of this area and the reason this item has been brought up on
multiple occasions. He commented that he feels that asking for
reconsideration again at this point is too much. He further commented that
he would suggest denial of this request, but he would like to meet with Mr.
PAGE TWENTY-fIVE - CITY COUNCIL MINUTES - AUGUST 11, 1992
Warner and the Mayor and look at it again later. He also commented that he
might request reconsideration at a later date.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 2 WITH
ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO DENY THIS REQUEST FOR
RECONSIDERATION.
Councilwoman Cherveny commented to Mr. Warner that she would remain
sensitive to the needs of the Community.
Councilman Alongi commented that he feels a request by 90% has been
received and it is the responsibility of the City Council to respond to
requests of the public.
45. Lakeshore Drive _ No Pa_ rkina A~ Time Zones - Resolution No. 92-59.
(F:112.1) - -
Public Services Director Tecca explained this item which involves the
section of Lakeshore Drive from Robb Road to Machado Street. He indicated
that a big concern in this area is obstruction of visibility for the side
streets and pedestriar: area.
Councilman Alongi questioned areas where the City would suggest that this
parking relocate. Mr. Tecca suggested Collier Road, as a truck route, and
industrial areas, as this type of parking would be anticipated.
Councilman Alongi inquired whether Robb Road is a collector road. Mr.
Tecca advised that it is an arterial road. Mr. Alongi questioned signage
to alert the truck drivers of parking restrictions. Mr. Tecca advised that
it would be signed within 50-100 feet of the corner to prohibit overnight
parking.
Councilman Alongi stressed the need to make arrangements for truck parking
to allow areas off the right-of-way which will not obstruct the views. Mr.
Tecca explained possible alternatives.
Mayor Pro Tem Dominguez stressed the need to consider the area,
particularly with kids walking to school in the area and trucks starting up
early in the morning disturbing the residents.
Mayor Washburn commented that there are no sidewalks in this area making
it more hazardous
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-59.
RESOLUTION N0. 92-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of LAKE ELSINORE ESTABLISNING
NO PARKING ZONES ON LAKESHORE DRIVE.
46. Cjty Council Committee Assianment Discussion - Reauested ~ Councilman
Winkler. (F:44.1)
Councilman Winkler stated that he has concerns with the existing committee
system. He further stated that the Elsinore Valley Municipal Water
District has abolished their committee system and gone to more frequent
study session with mu~h success. He suggested that study sessions might be
the best way for Council to communicate their opinions to each other on the
variety of issues pre~ented for their consideration.
Councilman Winkler expressed particular concern and confusion with the
recent vote on the anr.ual implementation of the Street Lighting and
Landscaping Maintenance District. He stressed the point that the District
was detailed in the 1992/93 Fiscal Year Budget which was approved
unanimously. He further expressed concern that the lack of this District
PAGE TWENTY-SIX - CITY COUNCIL MINUTES - AUGUST 11, 1992
would cause a million dollar shift in the budget and could impact the
public safety portion of the budget. He stated that without this
assessment the City landscaping and parks would go dry and in order to
maintain them, and the City's investment, the monies would need to be
shifted from somewhere else in the budget. He further stated that because
of the Lighting and Landscaping District more money was available for
public safety.
Councilman Alongi stressed his respect for Councilman Winkler, but
clarified that during his campaign he stated that he would not vote for any
more bond issuances, assessment districts of Redevelopment Agency
assistance. He suggested that the parks need to be taken care of by the
developers. He expressed concern with the committee item and indicated
that this should have been discussed or more information provided for
Council consideration before it was brought to the table for discussion.
He requested an apology from Councilman Winkler.
Councilman Winkler explained that he felt that listing the item on the
agenda was fair notice. He again questioned the passage of the budget in
contrast to the neqative vote on the Lighting and Landscaping Assessment
District with no explanation as to why the issue received nay votes.
Councilman Alongi explained that he is working for the best interests of
the community.
Councilwoman Cherveny stated that she felt that the issues of committees
were not properly discussed.
Councilman Winkler stated that if any Councilmember had a problem with any
portion of the budget, then it should have been discussed at committee
level or at the time that budget was brought to Council on the Agenda. He
stated that if those concerns were addressed at that time the budget could
have been reevaluated.
Councilwoman Cherveny expressed her concern in regard to the tracking of
votes, and stated other Councilmembers should consider their own votes as
well. She pointed out the votes that were cast regarding the Ambassador
Hotel and the Downtown Parking issues which other Councilmember should
consider.
Councilman Alongi questioned the Mayor's committee appointments and the
number of committees each Councilmember sat on. He clarified that as a new
Councilmember he was learning and his decisions are based on his current
level of understanding.
PUBLIC COMMENTS = NON-AGENDIZED ITEMS
Robert Houts, 32946 Rose Avenue, President of Vista Del Logo and on the Board
of Directors for Southshore Homeowners Association brought up the question of a
letter from the City Council granting their launch rights from their property
when the City assumes control of the Lake. He stated that this letter had been
requested before and that there had been no action taken at this time. He
urged Council to produce the letter.
Mr. Peter Dawson, 18100 Grand Avenue, commented on the formation of a Lake
Advisory Committee, and the request that he sit on the committee to represent
lake front homeowners along with persons from other interested groups and
wished Council to know that he was looking forward to working on this committee
and felt that the interests of his groups and the interests of the City are
compatible.
Herlinda Alberti, 33120 Stoneman, Save Our Kids organization addressed Council
with her concerns for the youth of the community`and urged Council to provide
more activities for the youths.
Dan Hopkins, explained the goal of Save Our Kids and stated that their main
PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - AUGUST 11, 1992
function is to help provide an alternative environment for the youth to
experience and to show the youth that the community does care.
Edith Stafford, 54 Elm Street, questioned Council in regard to Robert's Rules
of Order and the rules that Council follows. City Attorney Harper explained
that the Council recognizes a combination of Robert's Rules as well as others
for meeting procedure. Mrs. Stafford explained that she felt that the City
Attorney should have called a point of order and further stated that the item
regarding committees was a trick item to trap some of Council.
Christine Hyland, 15191 Wavecrest Drive, questioned the Redevelopment Agency
loan for the building in which the Mayor is in and questioned the policy of the
City in regard to collections on loans. She further expressed her opinion in
regard to Mr. Strigotte's motives for the recall movement and questioned
Commissioner Brinley's right to make statements regarding the proponents of the
recall movement.
A1 Ewing, 114 1/2 Poe Street, asked the public to be patient with the recall
efforts and questioned members of Council in regard to their personal conduct.
Thomas B. McCutchen, expressed his appreciation of certain members of Council
and suggested proper use for Redevelopment Agency funds.
Arthur Chaskin, 18949 Grand Avenue, expressed his concern with the lack of
activity which is provided for youth and questioned the City in regard to
stopping the Assembly of God Church from providing free lunches at City park.
He also criticized the vote on the vicious dog issue.
Michael Warenski, 121 S. Pennsylvania, called for~ unity on Council and asked
for the meetings to be opened with prayer.
Joy Porthunder, 115 S. Spring Street, expressed her disappointment with the
Council and advised that she would not be attending any future City Council
Meetings.
Leon Strigotte, 216 Chaney, criticized the negative group in the audience and
questioned members of Council regarding their preparation for Council Meetings
and their understanding of the need for financing for necessary projects for
the City. He expressed his concern with the Community when all five
Councilmembers are subject to recall.
CITY MANAGER COMMENTS
City Manager Molendyk reminded Council of their upcoming Study Session on Law
Enforcement scheduled for Thursday, August 13, 1992. He advised that in an
effort to provide more local identity, the local police cars and uniforms have
been modified to more clearly identify the City of Lake Elsinore.
Mr. Molendyk thanked Mark Dennis and Janet Matson for their assistance in the
shift of Council meetings to the new location at the Elsinore Valley Municipal
Water District. He also thanked staff for their work in this move.
CITY COUNCIL COMMENTS
Councilman Alongi addressed the comments of Mr. Strigotte and advised that Mr.
Freeman was here because he (Mr. Alongi) had brought him here. He further
advised that Mr. freeman had not been allowed to submit his project until he
had met with him and talked about his theater proposal. He commented that Mr.
Freeman had discussed redevelopment and asked Mr. Strigotte how many low income
houses were built, how many streets were done; and stressed that those were the
purposes of redevelopment money. He further commented that Mr. Strigotte did
not know what he was talking about and suggested buying time to debate on local
television.
Councilwoman Cherveny presented the new City Economic Brochure and commended
Assistant City Manager Ro~ers for her efforts. She commented that this
PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - AUGUST 11, 1992
brochure entitled "A City in Transition" would be used for the City as well as
the Redevelopment Agency.
Councilwoman Cherveny advised that she was served this evening with her recall
papers. She commented that she was prepared to make a public statement that
she was against recall, particularly her own; she noted that Leon (Mr.
Strigotte) signed it, but found it interesting that Bill Starkey, who recently
spoke against recall at the podium, served it on her. She further commented on
the voting of this meeting and the number of unanimous votes. She advised that
the Public Safety Committee while it is still in force meets on the first
Tuesday of each month at 9:00 a.m. at City Hall and invited the publci to
attend to present concerns.
Councilwoman Cherveny thanked Elsinore Valley Municipal Water District for the
use of their board room and hoped for improved City/District relations.
Councilwoman Cherveny commented on the "Council bashing" of this meeting and
expressed disappointment, as she began with great hopes of participating on the
Council. She further commented on a Mayors and Councilmembers meeting which
she attended in Monterey and what she felt was an opportunity for team
building, however, it was not successful. She advised that she asked the City
Manager to coordinate a facilitator to come in and help the Council work
through some of the difficulties, but she has not yet received and answer back.
She commented on the impact of five councilmembers being recalled. She
addressed Mr. Strigotte's comment on Study Session and suggested that as the
former Mayor he should know that Study Sessions are public meetings. She
stressed that the Council action is done publicly. She apologized for the
conduct of the Council at this meeting.
Councilman Winkler addressed Councilwoman Cherveny's comment on Council
bashing, and commented on the number of times he has seen her criticize the
rest of the Council in the press recently. He suggested that she takes every
opportunity to criticize at least one other member of Council in the press, and
advised that he is very aware and very tired of it. He commented that he had
given her every opportunity and gone out on a lir~b in asking her to be the
R.D.A. Chair and on the finance committee. He further commented that upon her
election he wanted to put other issues aside and examine the Marks-Roos issues
for problems and obtain independent studies, however, he has not heard anything
about that. He also commented that the Council had gone through the budget
process and some tough decisions were made at that time, but he felt she had
backed out on other tough decisions; which he felt was two faced.
Councilwoman Cherveny suggested that Mr. Winkler should have read her campaign
brochure.
Councilman Winkler stated that some of the things that were discussed at the
budget session and approved with the Landscaping and Lighting District are now
being backtraked on. He further stated that he never heard anything on
Marks-Roos funds and Councilwoman Cherveny voted on them for Pardee when it
went through with a 5-0 vote. He also stated that he was willing to make the
tough decisions and then he read that Councilwoman Cherveny did not realize
that she was voting on an $8-1/2 million bond issued. He expressed his
willingness to stand behind his own tough decisions without backtracking. He
expressed concern with the rhetoric from Mrs. Cherveny; and with picking up the
paper to find comments about the rest of the Council and hearing that she is
the one who feels hurt. He advised that since he is aware that he usually
speaks after Mrs. Cherveny, he wanted the oppotunity to bring up his concerns
with the vote on the Landscaping and Lighting District under an agendized item
so she would have an opportunity to respond.
Councilman Dominguez advised that he and Councilman Alongi had attended a
Downtown/Main Street Conference in San Jose, the prior Wednesday-Friday; and
they found that for a Community the size of Lake Elsinore, our programs are way
ahead of cities the same size as well as much larger ones. He further advised
that other cities recognize Lake Elsinore and the progress the City is making
and they gave many favorable comments. He also advised that many of the
PAGE TWENTY-NINE - CITY COUNCIL MINUTES - AUGUST 11, 1992
programs others are trying to implement for downtown areas, Lake Elsinore has
already initiated.
Mayor Pro Tem Dominguez supported Councilman Winkler's recommendation regarding
Study Sessions. He suggested that Study Sessions will help make opinions know
and resolve issues.
Councilman Alongi concurred with Mayor Pro Tem Dominguez on the seminars in San
Jose; he found them interesting and enlightening. He commented to Councilman
Winkler that the bond issues previously addressed with Councilwoman Cherveny
realted to CFD 88-3 which was already in place. He further commented that this
vote was for continuing the program; and voting against it would have made no
difference, since it would have continued anyway. He also commented on the
tricks of the Council and people like Mr. Strigotte, to attempt to miss direct
and cause misunderstanding of what is happening.
Coucilman Alongi addressed the Mayor and Councilmembers Seminar in Monterey,
and advised that he anticipated that the Mayor would go and participate with
the new Councilmembers and they never saw him. He commented that the trip was
expensive and they should have had the leadership of the Mayor. He further
commented that possibly his company wasn't adequate and that he did not
appreciate this insult to his wife. He stated that he would never attend any
meeting that the Mayor is involved in, and suggested that the Mayor should step
down from the position of Mayor.
Councilman Alongi address Mr. Strigotte and the recall paper received this
date; he advised that he had worked eight years to be elected to Council and
spent some $20,000. He further advised that after losing his son eight years
ago it was not as important to see him present as to see Mr. Strigotte present.
He suggested that Mr. Strigotte prepare for a fight and that the statements on
the recall papers would better be addressed to Mr. Strigotte. He commented on
Mr. Strigotte's four years on the City Council and expressed particular concern
that there had not been a Police Department, the Lakeshore Bridge had not been
replaced, developers who were developing in the area should have paid, the loan
to K-Mart. He suggested taht it would have cost $l million for the bridge
which is no $4-1/2 million. He questioned the appropriateness of Mr. Strigotte
leading a recal. He also questioned the recent appointment of Planning
Commissioners and levels of experience. He stressed that the Mayor had not
advised the new Council of his proposed selection prior to the City Council
Meeting; nor was he advised of the Lake Advisory Committee. He commented on
his request to Mr. Winkler that he accept the position of Mayor to show that
the Council could work together, which was he did not accept. Mr. Alongi
further commented that the voters did not want Mayor Washburn, Will Buck or
Bill Starkey at the last election. He reiterated to Mr. Strigotte that he
would not give this job up for any one. Councilman Alongi then addressed
Donald Burnell and suggested that he spreads lies and rumors in the Community,
and is not to be trusted.
Councilman Alongi then addressed the pot-bellied pig ordinance and stated hat
he would make the decision based on what is good for the Community. He stated
that he would loose no sleep over the recall and if the signatures can be
obtained then he would deserve to be recalled. He advised that he would state
his opinion, whether or not that opinion is appreciated. He further advised
that he has spent many hours with the City Manager asking him for ways that he
can work with the Council, and stressed that to date his attempts to work with
the Council have not been met with cooperation. He indicated that the
community deserves a Council that works together and if the community feels
that he is interfering with the Council then they may recall him, however if
they feel that he is doing a good job then they may take the recall papers to
Wildomar.
Mayor Washburn stressed that we live in a democracy and the Council is a
democracy with a 3-2 vote being a majority rule, not a minority rule Council;
just like all the rest of the State and Federal organizations. He clarified
that he has called and spoken with Councilman Alongi and did sit with him at
the conference. He expressed concern that the newspaper artic;es and nega±ive
PAGE THIRTY - CITY COUNCIL MINUTES - AUGUST 11, 1992
comments hurt the community. He stressed that his primary concern is for this
Community and he does not aspire to higher office. He also stressed that he
has no axes to grind, only a vision for what is best for the City. He
challenged the City Council to focus on the betterment of the Community. He
addressed earlier comments regarding the need for a theater, and advised that
the City has been working very hard at getting one, however, the recession has
not assisted that effort. He detailed the prior communications toward the
development of a theater.
Mayor Washburn addressed the newpaper report with regard to his involvement
with delinquent payments on a loan; and advised that he did not sign those loan
papers for R.E.W.S., his ex-partner did. He further advised that the
delinquencies had occured after he left that partnership. He indicated that
this was not special favoritism. Mayor Washburn also addressed a recent letter
to the editor from Councilwoman Cherveny, and indicated that Councilwoman
Cherveny was not the only person who brought an increase in law enforcement in
this Community. He stressed the efforts of past Councils to increase these
hours as well, and indicated that even Councils to come will need to provide
more increases. He advised in relation to comments about Sizzler, that
economic development is the lifeblood of any community because it pulls tax
dollars. He also indicated that the assessment charged to Sizzler were the
responsibility of the Water District, not the City. He stated that the City
is moving forward and workign toward a better relationship with the Water
District and maybe future efforts can be better coordinated.
Mayor Washburn stressed that the largest economic development asset is the Lake
and he believes the right steps are occuring with the Lake. The Assembly Bill
has been approved by the Governor, and we are in a transition phase now. He
has selected individuals from throughout the community, who best represented
the business community both unincorporated land owners as well as businesses
within the City Limits of Lake Elsinore. And they will, be effective in helping
guide the Community through the transition phase and to put into place
recreational programs and events that will again capitalize the resource that
is the Lake itself. He stressed that a misspent resource right now is a lot of
attacking by the Councilmembers to other Councilmembers. He further stressed
the need to better focus energies.
City Attorney Harper requested a Closed Session to discuss pending litigation
with Gurrola and potential litigation.
THE CITY COUNCIL MEETING WAS RECESSED AT 10:39 P.M.
THE CITY COUNCIL RECONVENED AT 11:20 P.M.
CLOSED SESSION
THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT
AGENCY AT 11:20 P.M. TO DISCUSS PENDING LITIGATION WITH GURROLA AND MATTERS OF
PENDING LITIGATION.
THE CITY COUNCIL RECONVENED AT 11:55 P.M. NO ACTION TAKEN.
ADJOURNMENT
MOVED BY DOMINGUEZ, SECONDED BY
ADJOURN THE REGULAR CITY COUNCI
RT ES?:
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V;CKT KASAD, CITY CLERK
CITY Or LAiCE ELSINORE
WINKLER AND CARRIED BY UNANIMOUS VOTE TO
L ,:EETING AT 11:56 P.M.
,
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GA Y . WASHBUR~"MAYO
R
CITY OF LAKE EL$INORE