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HomeMy WebLinkAbout11-10-1992 City Council MinutesMINUTES REGIILAR CZTY COUNCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY BTREET LARE ELSINORE~ CALIFORNIA TUESDAY~ NOVEMBER 10~ 1992 s***********a**********tr*******#*************t**********r*t~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. 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, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner ehristen, Special Projects Coordinator Basham, City Treasurer Pape and City Clerk Kasad. - PRESENTATIONS/CEREMONIALS A. Introduction of Miss Lake Elsinore Contestants. Mayor Washburn indicated that this would occur later in the meeting to allow all of the contestants to arrive. (F:108.4) B. Proclamation - United Wav. Mayor Washburn read a proclamation recognizing the United Way and the upcoming Telethon and presented it to Tom Thomas, Co- Chairman of this year's program. Tom Thomas accepted the proclamation and provided details on the Telethon to be held on November 22, 1992. (F:108.15) PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Washburn indicated that he had received one request to address Item #21 of this aqenda and deferred it to that time. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Town Ha11 Meeting Minutes - October 20, 1992. (F:44.4) PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 b. Joint Study Session Minutes - October 27, 1992. (F:44.4) c. Regular City Council Meeting Minutes - October 27, 1992. (F:44.4) 2. Received and ordered filed the Building Activity Report for October, 1992. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report for October, 1992. (F:54.1) 5. Received and ordered filed the Investment Report for September, 1992. (F:12.5) 6. Rejected and referred to Claims Administrator the Claims submitted by Shannon Eck (CL #92-26) and Alice Martin (CL #92-29), E. Faye Lucas (CL #92-31) and Nick Gremanis (CL #92-32j. (F:52.2) 7. Adopted Sales Tax Audit Resolution No. 92-78 giving Authorization to Release Information. (F:24.1) RESOLUTION NO. 92-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS. 8. Approved Final Tract Map 24213 - 1& 2 for Whiting Ranch and authorized the City Clerk to arrange for recordation with acceptance of dedications. (F:160.2) ITEM3 PULLED FROM CON3ENT CALENDAR 4. Structure Abatement Activit Re ort - October 1992, (F:32.4) Councilman Alongi inquired of Community Development Manager Shear with regard to the property at 30181 Riversdie Drive and whether the rennovation effort has been abandoned. Mr. Shear advised that they are proceedinq with their efforts and are currently trying to receive approval of water and sewer plans through the Water District. Councilman Alongi questioned the extent of the fire damage at this address. Mr. Shear detailed the damage. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR OCTOBER, 1992. PUBLIC HEARINGS 21. Murdock Alberhill Ranch General Plan Amendment 92-4• S ecific Plan Amendment Number 2 Environmental Im act Re ort Addendum and Develo ment A reement - Resolution Nos. 92-~2 & g2-~3 and Ordinance Nos. 942 and 943. (F:150.2)(X:83.2)(X:68.1) City Manager Molendyk highlighted this item explaining that it had been discussed extensively during a Study Session earlier this date. The City Clerk reported no written comments or protests. PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 10~ 1992 Mayor Washburn opened the public hearing at 7:13 p.m., asking those persons in favor of this item to speak. The following person spoke: Ilene Miles, Assistant Vice-President, Murdock Alberhill Ranch, advised that they have been working with the City for -- over three years and are now anxious to proaeed. She thanked the City staff for their assistance in planning an acceptable project. She showed slides and detailed the project and amenities to be provided. Mayor Washburn asked those persons in opposition to this item to speak. Hearing no one, the public hearing was closed at 7:21 p.m. MOVED BY CHERVENY TO APPROVE THE DEVELOPMENT AGREEMENT WITH SECTION 4.1.7 AMENDED TO INCLUDE THE $210 DAG FEE PER UNIT, WITH $140 T0 GO TO THE GENERAL FUND AND $70 EARMARKED FOR PUBLIC SAFETY. Mayor Washburn requested that the matters be taken in the order noted for action. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOIIS VOTE TO ADOPT RESOLUTION NOS. 92-72 AND 92-73, BASED ON THE FOLLOWING FINDINGS. RESOLUTION NO. 92-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE-ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT 89-2 AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. RESOLUTION NO. 92-73 A RESOLIITION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR -0F 1992. FINDINGS - GENERAL PLAN AMENDMENT 1. The proposed General Plan Amendment would establish a land use and allow density more in keeping with the subject property's location, access and site characteristics. The proposed amendment will not significantly alter the land uses and intensity of the general plan. The General Plan Land Use Element currently provides an illustration of the precise land uses approved for the project site, through the adopted Alberhill Specific Plan. The illustration indicates that the Specific Plan Area will contain residential, commercial, institutional and open space land uses. The proposed amendment will maintain the same land uses in revised locations consistent with the proposed Specific Plan. 2. The proposed General Plan Amendment is consistent with the surrounding land use designations. The proposed General Plan Amendment, which proposes to PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 dllow the development of residential, consistent with and similar to the surrounding residential and Specific Plan Areas designated by the General Plan. The proposed Specific Plan proposes no land uses adverse to the project site or surrounding land uses. MOVED BY CHERVENY, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 942, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS. ORDINANCE NO. 942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, APPROVING AMENDMENT NUMBER 2 TO SPECIFIC PLAN 8g-2 AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE FINDINGS - SPECIFIC PLAN 1. The location and design of the proposed development shall be consistent with the Goals and Policies of the City~s General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted. The proposed Specific Plan is consistent with the Goals and~ Policies of the General Plan, since the proposed project takes into consideration the uses permitted, surrounding land uses and existing and proposed circulation system. Additionally, a concurrent General Plan Amendment is being processed to ensure consistency in land uses and policies is maintained. 2. The proposed location shall allow the development to be well- integrated with or adequately buffered from its surroundinq whichever may be the case. The proposed location is well integrated and located to its surroundings since, the proposed project will be adjacent to similar residential, commercial, institutional and open space uses which have already received Specific Plan approval. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely without causing undue congestion upon adjoining streets. A traffic study has been completed, which addresses all of the anticipated circulation system improvements necessary to adequately handle the project's expected traffic volumes. There will be no significant congestion during build out or at completion of the project. PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately services by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The proposed,project provides a phasing schedule for the development of adequate public facilities on an as needed basis tied to the build out of project phases. Additionally, the proposed project will provide sites for the development of parks, open space areas, and schools. 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Specific Plan contains design guidelines for the long term development of the project such as a phasing schedule ot the overall project, logical location of land uses, and necessary circulation improvements to facilitate production of an attractive, efficient and stable development of the project. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non-significance, or in the case where impacts remain, a statement of ov2rriding considerations must be adopted to justify the merits of project implementation. An addendum Environmental Impact Report to the Alberhill FEIR 89-2 has been prepared to address the minor technical revisions associated with the proposed projeot. The Alberhill FEIR addressed all the significant impacts and developed mitigation measures reducing impacts to a level of insignificance. A statement of overriding considerations was adopted for impacts not reduced to a level of insignificance. CONDITIONS - SPECIFIC PLAN AMENDMENT 989-2 AMENDMENT NO. 2 1. All errata sheets, typographical errors and other corrections shall be incorporated within thirty (30) days following City Council approval. Twenty (20) copies of the corrected document shall be delivered to the City by the end of the thirty (30) day period. The final document shall note on its cover that it is the Specific Plan as approved by the City Council with all corrections having been incorporated. 2. The applicant shall comply with all applicable standards of the water purveyor with respect to the distribution and use of reclaimed water. 3. Prior to the issuance of any building permits all City and County Fire Department standards shall be satisfied. 4. Developer will convey to the City the Community Park site prior to issuance of the first Certificate of Occupancy for the project. Developer will construct certain facilities (including without limitation, grading, irrigation, PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 hydrdseeding, landscaping, recreational equipment and facilities). Developer will not be required to spend more than $1,500,000 for all of the Community Park (adjusted by the Engineering News Record Construction Cost Index). Prior to opening of the model units in Planning Area 2, the developer will dedicate to the City the Neighborhood Park. The developer's sole requirement with respect to the Neighborhood Park site is to dedicate such site, in a rough graded condition pursuant to the Development Agreement. 5. For any commercial development for the proposed Specific Plan Area, over 333,50o square fee, the developer must prepare a traffic study and provide appropriate mitigation. 6. Prior to the approval of the first tentative map, applicant shall have entered into a school impact mitigation agreement with the school district. City shall have considered the adequacy of the school facilities or available means of financing school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved by the City. 7. When submitting tentative or vesting tentative tract maps they shall include information showing the proposed drainaqe system along with supporting hydrology studies for review and approval by the City Engineer. Prior to or concurrent with the submittal of any tentative or vesting tentative tract maps, the applicant shall submit to the City Engineer and Community Development Manager acoustic studies prepared pursuant to City standards showing that the development will be sound atteriuated against present and projected noise levels to meet the City~s interior noise standards. The final acoustical analysis shall calculate the impact exposure levels and specify mitigation measures necessary to bring the project into conformance with City noise standards and policies in effect at the time of project review. The final acoustical analysis shall be prepared by an expert in the field of acoustics. Concurrent with the submission of the first tentative or vesting tentative map, the applicant shall submit, for review and approval by the Planning Commission, a circulation phasing plan for the entire project, providing the phasing of the street improvements and the appropriate supporting traffic studies. Applicant has prepared to the City~s satisfaction,.a Traffic Study for the project which addresses the cumulative impact of recent nearby developments at the current Specific Plan Amendment level of detail and current conditions. 10. Concurrent with the review of all tentative maps, the City of Lake Elsinore Community Services Director shall review and ensure that all required trails and bike ways approved within the Murdock Specific Plan are adequately reflected ont he tentative maps prior to approval. 11. Developer shall incorporate all applicable design guidelines PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 described in the Specific Plan and any other guidelines subsequently approved into the design of all individual tentative maps submitted. 12. Developer shall comply with all applicable EIR mitigation measures as identified in the Alberhill FE2R 89-2 and Addendum EIR. 13. Developer shall participate in the City of Lake Elsinore City wide Landscapinq and Street Lighting District pursuant to Resolution No. 88-27 or similar lighting and maintenance district if approved by City Council. 14. All landscaped slopes adjacent to public right-of-way, over 5 feet in vertioal height, not a part of and not adjacent to Lake Street, Nichols Road, Terra Cotta Road, Temescal Canyon Road and Collector A, or other collectors within the project shall be maintained by a homeowners associations or property owner. 15. DELETED. 16. Prior to the issuance of any final map, a master landscape and streetscape plan, including medians, shall be reviewed and approved by the Planning Commission. The following landscape and streetscape desiqn considerations shall be incorporated into the plans: * Screening parking areas by berms or landscaping * Establish a theme palette for Lake Street, Nichols Road, Terra Cotta Road, Temescal Canyon Road and "A" street. * Public transit stops shall be incorporated in order to establish appropriate location points with the approval of the Riverside Transit Authority. * Drought-resistant vegetation shall be used in landscaping whenever possible to reduce the demand for irrigation water. * Identification of responsibility for the maintenance of all landscaping improvements within the public right-of-way. * All street intersections shall be designed to meet traffic safety standards pertaining to line of sight setback of walls, trees and other landscape features to the satisfaction of the City Engineer. * Ownership and identification of responsibility for the maintenance of all open space within the project including natural areas and slopes. 17. The developer shall provide its fair share of affordable housing within the multi-family zones of the Specific Plan Area. Such affordable housing shall be available to persons in the low and very low income ranges, as determined by the County of Riverside Median Average at the time building permits are issued for housing. Such affordable housing shall be not less than 150 or greater than 20~ of the total number PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 of ~ulti-family residential dwelling units actually constructed by the Developer. Developer may provide its fair share of affordable housing by providing the aforesaid number of units at one or more location within the City, acceptable to the City Council. 18. Prior to the issuance of any building permits for residential or commercial land uses the applicant shall submit to the Planning Commission for review and approval a Master Sign Program for all on-site signs, which shall include but not be limited to commercial identification signs, on-site residential and commercial directional signs, and project area convenience signs. The sign program shall provide text and exhibits in a bound format containing all relevant sign criteria including but not limited to sign construction material, colors, height, letter style. 19. Prior to Certificate of occupancy for any Commercial project that could employ 100 or more persons, the applicant shall submit a Trip Reduction Plan (C). Said C shall be reviewed and approved by the City Traffic Engineer. All applicable development shall incorporate facilities and/or programs in their development plans sufficient to attain a twelve (12%) percent work related trip reduction from expected number of trips related to the project as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers (ITE). Trip reduction shall be calculated in accordance with standards established by the Southern California Association of Governments (SCAG) and/or the South Coast Air Quality Management District (AQMD). The plan shall address the following measures, taking into consideration the nature, type and use of the commercial development being proposed. a. Preferential Parking for the Vehicles. b. Bicycle Parking and Shower Facilities c. Information Centers for Transportation Alternatives. d. Rideshare Vehicle Loading Areas. e. Vanpool Vehicle Accessibility. f. Bus Stop Improvements. g. On-Site Child Care Facilities. h. Local TSM and Road Improvements. i. Facilities to Encourage Telecommuting. j. Contributions to support Regional Facilities Designed to Reduce vehicle trips and miles travelled. k. On-site amenities such as Cafeterias and Restaurants, Automated Teller Machines, and/or other services that would eliminate the need for additional trips. 1. Work Alternative Schedules/Flex Time. PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 20. To the extent any habitat resources planned for removal, preservation, creation, or enhancement are subject to the jurisdiction of the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, the U.S. Fish and Wildlife Service, or the State Department of Fish and Game pursuant to Section s1601-1603 of the California Fish And Game Code, copies of all permits issued by such agencies (404 and 1603) and conditions attached to the permits shall be submitted to the Community Development Manager for review prior to the removal of any such habitat. 21. Developer shall comply with the City's approved landscaping standards in effect at the time of approval of this Specific Plan with respect to the landscaping in medians, parkways, expanded parkways and adjacent slopes to be maintained by the City or Landscaping Maintenance District. Landscaping and irrigation plans shall be approved by the Public Works Manager and City's Landscape Architect. 22. Concurrent with the submission of the first tentative map, the applicant shall submit a phasing plan for the entire project that shows the location and order in which the residential infrastructure including the streets, schools and parks necessary to support the residential development being constructed. 23. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Community Development Manager. 24. No residential development shall front onto collector streets. 25. Except as otherwise provided in the Specific Plan or as otherwise approved by the City Engineer, roadway standards for Lake Elsinore relating to the minimum local street radii, maximum cul-de-sac length, maximum grade and minimum sidewalk width must be followed. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 943, BASED ON THE FOLLOWING FINDINGS. Councilman Alongi requested clarification of the motion with regard to police and fire. Councilman Winkler indicated that he would not be willing to specifically designate funds in this process. Mayor Washburn advised that he felt the staff did a good job in working with the applicant and suggested that the economics of dealing with the general fund should be a separate consideration and he would prefer to not set a precedence of earmarking funds. He explained that he understands the concern, but would look to reviewing this matter in the budget process. Councilwoman Cherveny explained that she is trying to curb the poor planning of public safety in the past. She further explained that her motion did not preclude the use of the $140 for public safety as well. Mayor Washburn commented further on the allocation of funds. PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Couricilman Winkler stressed that DAG fees are additional monies from the developer over and above the construction of the homes. He further stressed that he is uncomfortable with guessing how much to set aside for specific purposes, even though he is not opposed to public safety. Councilwoman Cherveny further explained that she has difficulty with Section 4.1.6 designating funds for a Municipal Swimming Pool, when there is no action to designated funds for public safety. She suggested that this would be a positive step to show efforts to increase the public safety. Councilman Alongi concurred with Councilwoman Cherveny and requested that the motion be changed, because he does not feel that funds should be designated for recreational facilities, without designating funds for public safety. COUNCILMAN WINKLER OFFERED AN AMENDMENT TO HIS MOTION, WITH CONCURRENCE OF THE SECOND, TO AMEND SECTION 4.1.6 TO READ THAT "THE CITY MAy ALSO UTILIZE THESE FUNDS FOR ANY OTHER LAWFUL PURPOSES". ORDINANCE N0. 943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH MURDOCK ALBERHILL RANCH. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Councilwoman Cherveny indicated that she was in support of this project, however she noted that she felt it was a failure of the Council to provide for future services. Councilman Alongi also indicated that he was in support of the project, however he was disappointed in this vote. FINDINGS - DEVELOPMENT AGREEMENT 1. The proposed development aqreement is consistent with the City of Lake Elsinore General Plan. The proposed Development Agreement is consistent with the General Plan. The proposed agreement does not propose any addition, deletion or modification which will deviate from the Goals and or Policies of the General Plan. 2. The proposed Development Agreement is consistent with any applicable specific plan, zoninq policies and regulations. The proposed development Agreement is consistent with the proposed Murdock Alberhill Specific Plan Amendment. The purpose of the development Agreement is to implement the provisions of the revised Murdock Alberhill Specific Plan. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 22. City Manager Molendyk detailed this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:35 p.m. asking those in favor of this item to speak. The following persons spoke: • Bill Grimes, J.F. Davidson, representing Dyer-Wynn, spoke in support of the staff recommendations and offered to answer any questions from Council. Mayor Washburn asked those in opposition to this item to speak. Hearing no one, the public hearing was closed at 7:36 p.m. Councilman Alongi commented on the low density in the area and expressed concern with increasing the density and changing the lifestyle of the residents. He further commented that this type of action opens the door to further changes and increases. Mayor Pro Tem Dominguez commented that the City generally annexes the property with the County zoning nntil a zone change is requested. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND WINKLER ABSTAINING TO ADOPT RESOLUTION NOS. 92-79 AND 92-80, BASED ON THE FOLLOWING FINDINGS. RESOLUTION NO. 92-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 52 (REVISED)"" AND ITS CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT - HOMESTEAD LAND DEVELOPMENT (HUNSAKER)/DYER-WYNN. FINDINGS - ANNEXATION NO. 52 REVISED 1. The proposed annexation area is entirely within the City's Sphere of Influence. 2. The proposed annexation area is contiguous to the City of Lake Elsinore. 3. The project will not result in any significant adverse impacts on the environment. RESOLUTION NO. 92-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1992. , ~.~.~...~~.~n.oo.G) ~P:1/L.L) . PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 FINDINGS'- GENERAL PLAN AMENDMENT 92-1 1. The approval of the requested designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health safety and welfare. 2. Granting of the requested desingations will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property~s location, access and constraints. 4. The proposed change will not result in any significant adverse impacts on the environment. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 946, BASED ON THE FOLLOWING FINDINGS. ORDINANCE NO. 946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAI(E ELSINORE, CALIFORNIA, PREZONING 140 ACRES TO 120 ACRES OF R-R RURAL RESIDENTIAL AND 20 ACRES OF R-1 SINGLE-FAMILY RESIDENTIAL. THE SITE IS BOUNDED BY SCENIC CREST DRIVE TO THE NORTH, THE RAMSGATE SPECIFIC PLAN AREP, TO THE WEST AND SOUTH AND THE TUSCANY HILL SPECIFIC PLAN AREA TO THE EAST (ZONE CHANGE 92-2; HOMESTEAD LAND DEVELOPMENT (HUNSAKER)/ROBERT DYER/LINDA WYNN). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER FINDINGS - ZONE CHANGE 92-2 1. This project is consistent with the Goa1s, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the project area into conformance with the Genral Plan and the proposed General Plan Amendment. 3. This zone change establishes the necessary pre-zoning for this site. 4. This request will not result in any significant adverse impacts on the environment. BUSINESS ITEM3 31. Warrant List - October 30, 1992. (F:12.3) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST OF OCTOBER 30, 1992, AS PRESENTED. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 32. Parkina Prohibition on Lakeshore Drive - Resolution No 92 81. (F:112.1) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT RESOLUTION NO. 92-81. Councilman Alongi commented on this parking restriction and requested that a curb or other barrier be placed at this location to ensure that it is observed, indicating that he feels enforcement will be difficult. Mayor Pro Tem Dominguez indicated that he felt this item should be expedited and approved as presented. Councilman Alongi further stressed the need to prevent people from parking at this location. Public Services Director Tecca advised that it was the intent of staff to place a sign at each end of the stretch, however, it would be possible to make that a red curb to deter parking. Council concurred that red curb would be adequate. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. (F:156.1 City Manager Molendyk highlighted this item and explained this years allocations for street improvements and drainage improvements. MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE AWARD OF CONTRACT IN AN AMOUNT NOT TO EXCEED $25,000 TO THE KEITH COMPANIES FOR EASEMENT ACQUISITION AND DOCUMENT PREPARATION, DESIGN SURVEY AND AERIAL PHOTOGRAMMETRY, AND FOR THE MISCELLANEOUS STREET IMPROVEMENTS AND STORM DRAIN PROJECTS; AND APPROVE THE AWARD OF A CONTRACT TO BSI CONSULTANTS, INC. IN AN AMOUNT NOT TO EXCEED $49,334 FOR PROVIDING ENGINEERING DESIGN SERVICES FOR THE MISCELLANEOUS STREET IMPROVEMENTS AND STORM DRAIN PR07ECT5. Councilwoman Cherveny commented on recently approved curb and gutter work in these areas and inquired whether work had been scheduled to avoid tearing up recent improvements. Mr. Tecca clarified that this project will not touch the curbs and gutters. Councilwoman Chervney suggested that the plans be reviewed with the Elsinore Valley Municipal Water District to anticipate overlapping projects. Councilman Alongi questioned the portion of the project at the entrance to Lakepoint Park and whether it would include a left-turn at this location and whether the improvments would carry through to the adjacent Elsinore Village. Mr. Tecca confirmed both points. Councilman Alongi addressed Item #9 regarding Matich Street on the list inquiring whether it would be full pavement or just chip-seal and recommended full pavement and that it be moved up on the list. Councilman Alongi questioned the plans for improvement of Campus Way. Mr. Tecca showed the design and explained the proposed improvements, and explained that it will be full pavement with curbs and gutters to be added later. Councilman A~ongi inquired when the construction would begin on these projects. PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Mr. Tecca indicated that they should be under construction in 60 to 90 days. Mayor Washburn clarified that there had been a subsidiary motion to improve with full pavement on Matich Street which would need to be addressed before the main motion. MOVED BY ALONG2, SECONDED BY CHERVENY AND CARRIED BY UNP,NIMOUS VOTE TO IMPROVE MATICH STREET WITH FULL PAVEMENT. THE FOREGOING MAIN MOTION TO APPROVE CONTRACTS CARRIED BY UNANIMOUS VOTE. 34. Bids for Demolition of Hazardous Structures - 411 N. Lan staff Street. (F:32.4) City Manager Molendyk detailed this item. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO AWARD ABATEMENT CONTRACT FOR THIS PROPERTY TO HUNT'S WRECKING COMPANY, Councilman Alongi questioned the time span before this building would be torn down. Mr. Shear advised that Air Quality notification has occured work could begin as early as Friday, November 13th or Monday, November 16th. Councilman Alongi questioned the need to proceed with asbestos removal after the buildinq has been burned. He expressed concern with overcharging the property owners for abatement, and particularly asbestos removal. He suggested finding a way through Air Quality Management to prevent this expense where possible. Mr. Shear clarified the requirement for asbestos inspection in buildings abated"after 1978. He further clarified that on this project a significant amount of sidirrg is still in place and this is the area where it is felt asbestos still might exist. City Manager Molendyk commented that staff would be happy to have Air Quality representatives come out and review the situation. He also suggested that this may be a topic for workshop discussion at a later date. Mr. Shear advised that Air Quality has been contacted and they are willing to come out. Councilman Alongi questioned the ability to see invoices to show where the materials are disposed of and what the cost is to the contractor. Mr. Shear advised that the shipping information is generally received, however, he has not seen associated costs. Mayor Washburn inquired Mr. Alongi's concern was merely getting the best deal for this property owner. Mr. Alongi advised that he was concerned with getting the right deal. He further advised that he wants to be sure the contractor is doing the job requested. City Attorney Harper clarified the need to accept the lowest responsible bid. He further clarified that while the City can request additional background material on bids, it is difficult to determine overcharging. PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Mayor Pro Tem Dominguez expressed concern with the time involved in getting buildings such as this removed because of the hazard involved. City Attorney Harper clarified the due process required for this type of action and indicated that the City is already proceeding very quickly on its abatements and there is continuous conversation as to how the process can be shortened further. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. (F:95.2) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR THE MADISON STREET AND GARFIELD STREET LANDSCAPE AND IRRIGATION TO SUMMIT GRADING AND PAVING IN THE AMOUNT OF $55,208.60. Mayor Pro Tem Dominguez requested Suspension of the Orders of the Day to allow for placement of Item #36 on this agenda relating to funding assistance to the Downtown Business Association for the Christmas Parade. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO SUSPEND THE ORDERS OF TIiE DAY TO ALLOW ADDITION OF ITEM #36. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO PLACE THE REQUEST FOR $4,000 FROM THE BUSINESS IMPROVEMENT DISTRICT ACCOUNT FOR FEES FOR THE CHRISTMAS PARADE. 36. Christmas Parade - Reauest for Fundina. (F:151.1) City Manager Molendyk expalined this item and advised that there is a current balance of approximately $6,800o in the BID District account of which they have requested $4,000 for the Parade. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE USE OF $4,000 FROM THIS FUND FOR THE CHRISTMAS PARADE. City Manager Molendyk requested the further suspension of the orders of the day to add an item pertaining to the establishment of Council work sessions. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO SUSPEND THE ORDERS OF THE DAY TO ALLOW THE PLACEMENT OF AN ADDITIONAL ITEM. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD AN ITEM PERTAINING TO ESTABLISHMENT OF COUNCIL WORK SESSIONS TO THE AGENDA. 37. City Council Work Sessions. (F:44.1) City Manager Molendyk explained the difficulties in scheduling City Council study Sessions and agreeing on topics and meeting PAGE SIXTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 times. He further explained that this proposal would be to hold workshops on Alternate Tuesdays from 3 to 5 p.m. at City Hall and if a quorum was not achieved, the discussion could still occur. City Attorney Harper clarified that there is really no difference between a Study Session and a Work Session, in that agendas and notices are still required. Councilman Winkler questioned the ability to hold a Study Session without a quorum. He inquired whether the change proposed is really just a change in time and location. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO HOLD CITY COUNCIL WORK SESSIONS ON THE ALTERNATE TUESDAYS OF COUNCIL MEETINGS FROM 3 TO 5 P.M. IN CITY HALL. Councilman Winkler inquired whether this would be only the lst and 3rd Tuesdays with the 5th Tuesdays excluded. WITH THE APPROVAL OF THE MAKER AND SECOND THE MOTION WAS AMENDED TO EXCLUDE 5TH TUESDAYS WHERE APPLICABLE. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PUBLIC COMMENTS - NON-AGENDIZED ITEM3 Dave Montoya, resident of Quail Drive, expressed concern with ongoing drug problems in the Nashland/Joy Street area. He also expressed concern with gunshots in the neighborhood and their possible relationship to a recent verified shooting. He stressed the need for increased patrols and visibility to help fight the problems. Roger LeClerc, 29470 Turnbull Road, commented on the upcoming Sports Card Show and his rejected application to participate. Ae indicated that this is the second year his application has been rejected based on his resistance to signing the requested waivers of liability. He commented on the nature of card shows and stressed the need for security. He requested that the Council obtain him the permission to participate. Herlinda Alberti, Operation SOK, thanked City Attorney Harper for his reference letter and his generous donation to their efforts. She reminded Council and the Community that any assistance will be greatly appreciated. She stressed their particular need to find a meeting facility. Rick Estes, 31714 Riverside Drive, addressed his comments at the last City Council Meeting and presented approximately 45 pages of signed petitions requestinq increased police patrols and visibility in the area between Riverside Drive and Machado Street, and Lakeshore Drive and Grand Avenue. He detailed some of the comments received in connection with the petitions submitted and summarized the concerns presented. Tom Hundshamer, President, Elsinore Valley Chamber of Commerce, detailed upcoming Chamber events and invited the Community to participate. The events included: a Kids Rodeo Day on Saturday, November 14th, the Miss Lake Elsinore Pageant on November 21st, a PAGE SEVENTEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 special Christmas Mixer on December 10th and the Christmas Parade on December 5th. Bob Houts, resident of Lakeland Village, again addressed property/launch rights for the residents of Lakeland Village. He summarized their six months of attendance at City Council meetings and expressed concern that they had not yet received satisfactory answers to their requests. CITY MANAGER COMMENTS City Manager Molendyk addressed the comments of Mr. Montoya and Mr. Estes and advised that the City is aware of problems in the Machado/Joy Street area. He further advised that patrols in that area have been increased on the weekends and a aar has been designated to that area. He also advised that staff is pursuing a meeting with the property owners on Nashland to work on resolutions to the existing problems. He commented that additional information on this area will be coming to the Council in the near future. Captain Daniels confirmed that additional officers are working that area to address some of the specific concerns as has been done successfully in other areas of the City. City Manager Molendyk commented on the storm drainage problems of recent years and advised that most of those problems have now been resolved at the West end of the lake. He advised that grading and erosion control have been completed in preparation for the rainy season, as well as the preparation of the sandbag supply at the City yard. _ CITY COUNCIL COMMENTS Councilwoman Cherveny commented on: 1) The Farmers Fair held at Elsinore West Marina last weekend. Feels the event will grow. Encouraged Community Attendance. 2) Letter received by City Council regarding the Human Services Center and the possibility that the Family Services Association may be pulling out of the Center and possibly other as well. She expressed particular concern with this in light of recent financial assistance approval. 3) The transition to the new trash collection containers and program. Requested that CR & R representative make a presentation at the next City Council Meeting to update the public. She also advised that the next City wide Clean up day would be on December 12, 1992. 4) Sign Raising Ceremony for the Rancon center at Collier and Central on November 19th. 5) Sheriff~s Department Activity Report and whether the Council could receive this report monthly by districts. 6) Upcoming street and drainage improvements and the ability of the property owners to obtain private property improvements at the time these projects are done. 7) Operation SOK and their need to find a meeting place of their own. PAGE EIGHTEEN - CITY COUNCIL MINUTES - NOVEMBER 10~ 1992 8) After'school program for consideration on the next City Council Agenda; approximate cost $64,000. 9) Concerns of Mr. Houts and the Lakeland Village residents, on the Lake Edge Specific Plan; will be obtaining more information on this item. Councilman Winkler commented on: 1) Comments of Mr. Estes and stressed that these concerns are shared by many in the area; also noted that a Neighborhood Watch program is in place in the Joy Street area. Contact with the Nashland property owners is also underway to solve some of the problems. Requested copy of the petition presented this evening. 2) Workshop Schedule discussed earlier, would suggested that information be provided on Law Enforcement and the Redevelopment Agency Budget for a workshop as soon as possible. 3) Another pending issue beinq the Parks and the utilization of City Parks in the future. Will be askinq Council to discusss giving preference to City only teams for applicable City fields. He explained the shared nature of some City parks. He stressed the impact of new residents on the existing facilities. He suggested that this type of program be implemented on 1993 or 1994, particularly in light of recent changes with the Ortega Trails Recreation and Park District. Councilman Alongi commented on: 1) Amber Ridge Sewer problems; concerned with rumors around town that he and Councilwoman Cherveny are holding up this process. He assured residents that he is interested in them, but Elsinore Valley Municipal Water District has responsibility for sewers and in turn, solutions to their problems. He advised that he would like to assist them with loans and a repayment plan in place, however he is not in favor of a give-away program. 2) His concern for police protection. He stressed the need for new developments to put money up front to facilitate enforcement in new areas. He suggested the funding for two police officers for the first year. 3) Need for Operation SOK to obtain the appropriate non-profit designation to assist their program. Hasn't lost sight of this project. 4) Problems with the Sports Card Show; questioned the situation. Community Services Director Watenpaugh explained the previous years shows. He further explained the standard waiver approved by the City Attorney and explained the potential for theft and other problems with this type of event. City Attorney Harper explained the private sale nature of a card show and emphasized the potential for theft and fraud and the related potential for liability. 5) The work of H.O.P.E, in the Community; they fed 22 families this date. He suggested that the Community support this organization where possible. PAGE NINETEEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1992 Mayor Pro Tem Dominguez commented on this evening's approval of funding for the Christmas Parade and explained his feeling that if there is to be a parade, it should be done right. Mayor Washburn commented on: 1) The efforts of S.S. Burger Basket to provide free Thanksgiving Dinners to those in need. He explained that this will be their second year to provide dinners and they will be served from 11 a.m. to 4 p.m. on Thanksgiving. 2) Police protection concerns of the City Council. Explained previous discussions regarding Community financial support of police services, and the lack of Community support for this program. 3) Concerns of Mr. Houts, he doesn't feel the needs of the County residents are being overlooked. He explained that the document is just now being circulated for review and further opportunities for input will follow. 4) Previous discussions with the Board of Realtors regarding an ordinance to require annual property inspections to help ensure that property standards are maintained to help curtail related crime activity. 5) Monthly crime reports which are received from the Sheriff's Department, suggested Councilwoman Cherveny provide more information on what she would like to see. A. Introduction of Miss Lake Elsinore Contestants. Mrs. Aggie Goodacre introduced this year's Miss Lake Elsinore Contestants and Mayor Washburn presented each of the girls with a plaque and a City pin. She encouraged the Community to attend the pageant scheduled for Saturday, November 21, and advised that tickets are available through the Chamber of Commerce. Mayor Washburn wished the girls luck in the pageant. THE CITY COUNCIL MEETING WAS RECESSED AT 9:24 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:45 P.M. CL03ED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITA THE REDEVELOPMENT AGENCY AT 10:45 P.M. TO DISCUSS MATTERS OF PENDING LITIGATION WITH O.M.G., ADAMS ADVERTISING AND KUNZ CORPORATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:20 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY VOTE TO ADJOURN THE REGULAR CITY A TEST:r ~L ~ VICKI KASAD, CITY CLERK CI~~t UF LAKE ELSINORE W KLER AND CARRIED BY UNANIMOUS C~ CIL MEETING AT 11:21 P.M. ~ ~~ G~ ~~ ARY . WASH~; M~,~OR CITY F LAKE ELSINORE.