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HomeMy WebLinkAbout05-28-1991 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAYi MAY 28r 1991 , . i i, ~-~_.~..' **~**~~****************~~******~***********~********************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:O1 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, 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 Basham and City Clerk Kasad. PUBLIC COMMENTS Dick Knapp, 29690 Dwan Drive, commented on upcoming consideration of Residential Projects 89-18 and 91-2 adjacent to Highway 74. He suggested potential future alignments for Highway 74 which would allow for the ultimate 110' right-of-way. Mayor Washburn commented that the suggestions had been noted by the Engineering Department representatives and would be reviewed. (F:138.2) Marge Rieder, 300 N. Ellis Street, advised that she is a resident of the Briarwood Mobile Home Park. She £urther advised that the park has recently changed hands and the residents have been notified that it will become a family park as of July 1, 1991. She expressed concern with the potential related drug and crime problems and presented a petition from the residents of the park requesting assistance from the City Council. (F:124.1) PRESENTATIONS/CEREMONIALS A, Presentation - Countv Growth Manaaement Vision Statement = A.~. Wilson, Executive Director, Western Riverside Council of Governmen~s. (F:140.13) A.J. Wilson invited the City Council to attend the Council of Governments Annual Meeting on Monday, June 3rd, and advised that Councilman Winkler has been nominated for next year's Chairman of the Council. ~r . ,i Mr. Wilson then detailed the history of the Western Riverside Council of .GOVernments and explained the reasoning at the time it"was organized. He also explained the task force which was formed to develop the organization's "Mission Statement", and commended City Manager Molendyk for his work on this project. He hiqhlighted the Mission Statement and requested ~hat Council provide any comments or input at their earliest convenience. PAGE TWO - CITY COUNCIL MINUTES - MAY 28~ 1991 CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 7. MOVED,BY WINKLER; SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - May 14, 1991. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - April 17, 1991. (F:60.3) c. Planning Commission Meeting - May 1, 1991. (F:60.3) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for April, 1991. (F:18.2) 3. Received and ordered filed the Investment Report for April, 1991. (F:12.5) 4. Ratified Warrant List for May 15, 1991. (F:12.3) 5. Adopted Resolution Nos. 91-39 thru 91-41, relating to the City-wide Lighting & Landscaping District. (F:22.2) RESOLUTION NO. 91-39 A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND ' REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR ~ PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. RESOLUTION NO. 91-40 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITAIN SAID CITY. RESOLUTION NO. 91-41 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. 6 Adopted Resolution No. 91-42 setting the Commercial Industrial Park Mitigation Fee. (F:114.1) RESOLUTION NO. 91-42, i A RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF LAKE ~ ELSINORE, CALIFORNIA, HEREBY AMENDING SECTION 4 OF RESOLUTION NO. 89.44, ADOPTED ON AUGUST 29, 1989, THE PARK CAPITAL IMPROVEMENT FUND, PURSUANT TO ORDINANCE N0. 572, REQUIRING THE DEDICATION OF LAND/OR THE PAYMENT OF FEES FOR THE ESTABLISH~ENT OF PAR~ ~ND REC~~ATION FA~ZL~TIES IN THE CITY OF LAKE ELSINORE. PAGE THREE - CITY COUNCIL MINUTES - MAY 28, 1991 8. Adopted Council Policy relating to Annexation Procedures. (F:20.1) 9. Approved Final Tract Map 24624-2 for Centex Homes; authorized the City Clerk to sign the map for recordation and accepted dedication of Underground Water Rights for recordation with the final map. (F:160.2) 10. Accepted Dedication for Street Right-of-Way on San Jacinto ; Drive and Water Rights for Commercial Project 89-1. (F:132.1) 11. Accepted Grant Deed for Property Adjacent to Robb Road for the Lakeshore/Robb Road Intersection Improvement Project. (F:132.1) 12. Approved public hearing of June 11, 1991, for the following: a. Brighton/Alberhill Ranch Specific Plan Amendment No. l; General Plan Amendment 91-1; Zoning iegulations and Amendment No. 1 to the Development Aqreement with Brighton Alberhill Associates. (F:150.2) ITEM PULLED FROM TIiE CONSENT CALENDAR 7. Business License Application _ Ice Cream Vendor. (F:34.1) City Manager Molendyk advised that pursuant to Council requests, staff is in the process of contacting references for the vendor, however, these contacts have not been completed. He recommended if Council chooses to approve the application, they do so contingent upon follow-up reference checking. Councilman Starkey commented that he is in favor of the hours this vendor intends to operate. He also commented on the applicant's letter advising he has been waiting for over a year for approval, and requested that staff process j applications and requests as soon as possible after receipt. Mayor Washburn suggested that Crime Prevention Officer Rubio meet with the vendor to address potential safety, enforcement and traffic control issues. He questioned the term of the license. Administrative Services Director Boone advised that it is for one year. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BUSINESS LICENSE APPLICATION FOR GOLDI ICE CREAM SUBJECT TO COMPLETION OF REFERENCE CHECKING. PUBLIC HEARINGS 31. Tentative Tract Map 26065: Annexation No. 58~ Zone Chanae 90-14 = Tozai, Inc. (F:160.2)(X:20.2)(X:172.2) Located on the north side of Running Deer Road intersection with Rolando Road. Continued from May 14, 1991. City Manager Molendyk highlighted the proposed project, and explained neighborhood concerns with the traffic flows in this area. He thanked Tozai, Inc. for working with staff to _ alleviate the concerns. Traffic Engineer Tecca detailed the ~ ~ existing traffic flows in the area, as well as the ~ alternatives considered for this plan. Councilman Buck commented on the impacts to residents of Mountain Avenue and the proposal to cul-de-sac Mountain Avenue. Staff confirmed that Mountain Avenue will be cul-de-sac'd and a new street created. City Manager Molendyk inquired whether the latest plan should PAGE FOUR - CITY COUNCIL MINUTES - P4AY 28, 1991 be reviewed by the residents before it is approved. Councilman Buck commented that he felt the residents concerns had been adequately addressed. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:42 p.m. asking those in faebr of this project to speak. The following persc.: spoke: Jesse James, President, Tozai, Inc., 3022 N. Hesperian, Santa Ana, supported the recommendations of staff and offered to answer questions. Mayor Washburn asked those is opposition to speak. Hearing r:.- one, the public hearing was closed at 7:43 p.m. Councilman Starkey questioned the ability to approve this plar. and assure the problems for Mountain Street are mitigated. Councilman Buck advised that from his meetings their problems have been resolved by this alternative. Councilman Dominguez further advised that this has been reviewed by the Public Works Committee two or three times. Mayor Washburn requested that Engineerincr look at future ideG'. traffic £low circumstances for all potential future tracts. Councilman Buck stated for the record that it is the desire o:: this Council to prevent Mountain Avenue ever becoming a thru street. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CAR~IED BY UNANIMOUS VOTI] TO CERTIFY NEGATIVE DECLARATION 90-32; ADOPT THE FINDINGS LISTED BELOW APPROVE TENTATIVE TRACT MAP 26065 SUBJECT TO THE FOLL04VINC CONDITIONS OF APPROVAL; ADOPT RESOLUTION NO. 91-4; ADOPT ORDINANC, N0. 910, AND ENDORSE ALTERNATIVE "C" AS THE ACCEPTABLE GENERAL PLAN COLLECTOR ALIGNMENT AND DIRECT STAFF TO PURSUE THE PROPOSED CONNECTION OF RUNNING DEER TO LINCOLN STREET. Findinas = Tentative Tract Ma~ 26065 1. The proposed subdivision, together with the provision f~.~; 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 Planning Commission has considered the ef£ects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 66412.3) 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 66473.1) 4. The Planning Commission shall determine whether the discharqe of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set out in Section 13000 et. seq, of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result in i i I PAGE FIVE - CITY COUNCIL MINUTES - MAY 28, 1991 or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps of the subdivision. (Government Code Section 66474.6) 5. Tentative Tract Map 26065 shall become effective at such time as annexation of the site to the City of Lake Elsinore is approved by the City Council and the Local Agency Formation Commission and recorded. ' 6. Subject to the attached conditions, the proposed project is not expected to result in any significant environmental impacts. Findinas - Annexation 58 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. Findinas - Zone Chanae 90-14 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan. 3. This request and its associated project will not have a significant impact on the environment. 4. This Zone Change establishes the necessary pre-zoning for this site. ~ Plannina. Division Conditions 1. Tentative Tract Map will expire two (2) years from date of the recording of Annexation 58 unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 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. 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. Street names within the subdivision shall be approved by the Planning Division. ~ 7. Al1 grading shall conform to the requirements of Section ~ 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 8. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. a) Delete. PAGE SIX - CITY COUNCIL MINUTES - MAY 28, 1991 b) Bonding shall be done by final map(s) for all improvements and grading. 9. Pay all applicable fees in force at time of issuance of building permits. 10. Prior.to final approval of Tract Map 26065 the improv~ments 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. 11. Prior to final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 12. Prior to final approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and recorded. 13. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 14. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 15. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 16. Comply with all conditions of the Riverside County Fire Department. ~ 17. Applicant must meet all requirement~ of Elsinore Valley Municipal Water District (EVMWD). 18. 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. 19. 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. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 20. Meet all requirements of Southern California Edison Company. 21. Meet all requirements of Southern California Gas Company. 22. Meet all requirements of General Telephone Company. 23. All trailers used during construction, mailboxes and ' signage shall be subject to Planning Division review and approval prior to installation. 24. Trailers or mobile homes utilized during the construction phase of this project shall be subja~t to ~ppraval of the Community Development Director. PAGE SEVEN - CITY COUNCIL MINUTES - MAY 28, 1991 25. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired), back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 26. 5ubdivider shall record CC & R's for the project prohib'iting on-street storage of boats, motorhomes, trallers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of occupancy for the units when developed in the future. 27. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. Al1 standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 28. Decorative block or masonry walls shall be required. Precise design, materials and location to be determined through Minor Design Review process. 29. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond l00% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 30. 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. 31. All residences shall be served by a sidewalk along lot frontage. 32. Finished slopes shall not exceed 1:2. Engineerina Department 33. 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. 34. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). 35. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution 85-26). 36. Submit a'~Will-Serve" letter to the City Engineering Department, from ~he applicable water district, stating PAVE EIi:HT ° CITY COUNCIL MINUTES - MAY 28, 1991 t;:.it water and sewer arrangements have been made for this px~~ject. Submit this letter prior to applying for bc :_lding permit. 37. Cc::zstruct all public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16.34). 38. 'Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78). 39. 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). 40. Desirable maximum grade for local streets is nine percent (9~). The maximum grade of fifteen percent (15%) should only be used because of design constraints. 41. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 42. 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. 43. Provide fire protection facilities as required in writing by Riverside County Fire Department. 44. Provide street lighting and show 1~_ghting improvements on street improvement plans as requir~d by the City Engineer. 45. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooc!ing and/or erosion downstream caused by development oi site and diversion of drainage. 46. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 47. Contribute $100.00 towards the City's Master Entryway Sign Program. 48. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 49. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 50. L~~t drainage shall be conveyed to a public facility or a~cepted by adjacent property owners by a letter of dt'r~inage acceptance or conveyed to a drainage easement. PAGE NINE - CITY COUNCIL MINUTES - MAY 2g, 1991 51. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1,000.00 per sheet for future digitizing. 52. All local streets shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. 53. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protection. 54. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 55. Developer shall contribute a total of $9,000.00 towards the design and construction of a traffic signals on Robb Road and Grand Avenue; Robb Road and Mountain or Runninq Deer Road. This development will increase traffic on Robb Road and Mountain at least 1% and 5% respectively and should contribute towards their construction. 56. Al1 adjacent property that have access to public right-of-ways which are abandoned as part of this map, shall be provided with approved public right-of-way access by dedication on this map. 57. Developer shall revise drainage to provide for a major portion of the tract to drain to Running Deer Road subject to approval of the City Engineer. Applicant shall work with developer of Tract 24856 to reconstruct Rolando for 1/2 of the street to drain into Orange Blossom Way of Tract 24856, if this is not feasible applicant shall contribute $15,000.00 for a pro-rata share of a storm drain on Rolando Street. 58. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 59. Annexation to the City~s Landscaping and Lighting District is required prior to approval of a Final Tract Map. 60. The proposed street at the north boundary of the tract shall be moved to be in alignment with the existing street right-of-way. RESOLUTION N0. 91-4 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. 58 - TOZAI, INC." ORDINANCE NO. 910 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 10.5 ACRES LOCATED NORTH OF RUNNING DEER ROAD AT ITS INTERSECTION WITH ROLANDO ROAD FROM R-R (RIVERSIDE COUNTY RURAL RESIDENTIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) (ZONE CHANGE 90-14; TOZAI, INC.). PAGE TEN - CITY COUNCIL MINUTES - MAY 28, :.991 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK~ DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Annexation 55 = Conductina Authoritv Hearina. (F:20.2) Approximately 20 acres generally located northeasterly along Interstate 15, southwest of Dexter Avenue, northwest of Second Avenue and southeast of Central Avenue. Resolution No. 91-43. City Manager Molendyk detailed the location of the proposed annexation and prior actions to date. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:48 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:49 p.m. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 91-43 AND AUTHORIZE THE CITY CLERK TO TRANSMIT CERTIFIED COPIES AND THE $250 FILING FEE TO THE LOCAL AGENCY FORMkTION COMMISSION FOR FINAL PROCESSING AND FILING WITH THE STATE BOARD OF EQUALIZATION. RESOLUTION NO. 91-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED ANNEXATION NO. 55, ANNEXED TO THE CITY OF LAKE ELSINORE. 33. Annexation 56 _ Conductina Authoritv Hearina. (F:20.2) Machado island area annexation area. City Manager Molendyk explained that Annexation No. 56 was initiated at the request of Riverside County Local Agency Formation Commission when the Marinita-Meeker Annexation was approved, because this area became an "island area" surrounded by the City. He also explained the requirements for annexation under the Cortese-Knox Local Government Reorganization act, and the Council's responsibility as "conducting authority". He further explained the Landscaping and Street Lighting Assessment District and that the area would be accepted "as is". City Attorney Harper explained that if there is less than 25% of the registered voters protest, then the Council may adopt a resolution ordering the annexation without an election, if in excess of 25~ of the registered voters protest than there must be an election and if the protests exceed 50% the matter is abandoned. The City Clerk reported that eight letters of protest had been received. City Attorney Harper stated that the City had received eight (8) written protests and there were three hundred and twelve (312) notices to voters in the territory to be annexed. PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 28, 1991 Mayor Washburn opened the Public Hearing at 7:54 p.m. asking those persons who wished to address Council to speak. The following people spoke: 1. Mr. Robert Brewer, 31870 St. Pierre Lane, questioned the zoning which is currently zoned for horses. City Attbrney Aarper explained that at the time of annexation whatever use the property is currently being used for will continue until such time as the property ceases to be used for that purpose. Mr. Brewer further questioned City Attorney Harper regarding the sale of property and whether a change could occur at that time. City Attorney Harper stated that it is the continued use that is pertinent and not the sale of property. If the property is being used as a meat market and sold and continues to be used as a meat market then that is what it is. If the use after the sale is not a meat market it will not be allowed again if it is not zoned for that use. Councilman Winkler stated that several of the developments have been required to develop equestrian trails in that area for the horse properties. Mr. Brewer questioned the opening of St. Pierre as a through street instead of a cul-de-sac as it is now. Mayor Washburn advised that no change is proposed. 2. Eugene Fines, 31857 St. Pierre Lane, questioned what the City has to offer the residents of the island area. Mayor Washburn stated that the annexation would give residents of that area local representation, local emergency servioe, more attention to planning concerns and local response to code enforcement issues. City Manager Molendyk reminded all persons present that this action was not requested by the City of Lake Elsinore but was imposed by the Riverside County Local Agency Formation Commission. He further stated that a number of these residents have been anticipating the annexation. Mr. Fines then questioned the amount of written protests received and asked how the procedure worked. City Attorney Harper clarified the legal process for protests. Mr. Fines questioned the zoning and use chanqe that could be made by the City. City Attorney Harper further clarified that a use is allowed to continue on a property regardless of zoning until the use is discontinued. City Attorney Harper stated for the record that there is an existing 1972 Act Lighting and Landscaping District on the properties. All that would happen is that the authority to administer the district would be transferred from the County to the City. 3. Mr. Alan Manee, Manee Consulting, spoke in favor of the " annexation. He further stated that they attended the L.A.F.C.U. meetings regarding this issue in September, 1990 for public input. 4. Ms. Gail Matson, 15057 Zieglinde Drive, stated that she was in opposition to the annexation and wanted to know PAGE TWELVE - CITY COUNCIL MINUTES - MAY 28, 1991 when the land use would be changed. City Attorney Harper stated that the land use is not going to be changed by the annexation. Ms. Matson questioned the Premier Tract and the retention of the equestrian trail. Council assured Ms. Matson that the equestrian trails would remain even if the tract were sold. ~ 5. Mr. Mike Reichard, 6405 Broadway, questioned the zoning of inedium-high density at Broadway and Machado. He expressed concern that this is not compatible with the properties behind it. City Attorney Harper commented that the County zoning was R-3 and the City's R-3 is generally less aensity than the County's. 6. Lydia Swank, Zieglinde, sta that there had to be 25% to further asked if it was too Attorney Harper stated that was sent by L.A.F.C.O. and requirements. ted that she was not aware protest the annexation. She late to file protests. City the form sent is the same as conforms to public notice Councilman Winkler further clarified the protest requirements. 7. Mr. Robert Ponce, 31297 Machado Street, stated that in September, 1990, this process started and everyone was aware of it and the public had an opportunity to make their comments at that time. Mayor Washburn, hearing no further comments, closed the Public Hearing at 8•31 p.m. Councilman Buck stated that he has a concern with the map regarding the R-3 zoning and wished to confirm the amount of dwelling units allowed and conform if the amount is lower. Councilman Starkey stated that everyone received a notice and was given an opportunity to protest this annexation. Councilman Winkler stated that if there had not been the neighborhood meetings where the area was given a change to state their views that he might have some reservations, but he felt that the public was given more than ample opportunity to protest. Mayor Washburn stated that he felt that this was a good annexation in as much as services and representation is more accessible to the residents. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE ANNEXATION N0. 56 - MACHADO/HAMI~2ERHEAD AND PRESENT RESOLUTION OF ANNEXATION AT NEXT REGULAR CITY COUNCIL MEETING ON JUNE 11, 1991. 34. Acauisition of Property for Collier Avenue. (F:156.2) Resolution No. 91-44. Engineering Manager O'Donnell reported that this item is to implement the adoption of a Resolution of Necessity to acquire - subject property by eminent domain. He further explained that this is being done for additional right-of-way, easements for slope and drainage and wetland mitigation. City Manager Molendyk detailed the total acreage for the PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 28, 1991 roadway vs. acreage for wetland mitigation. City Attorney Harper stated that out of the $500,000 total cost; approximately $300,000 is being spent on wetlands and $200,000 for actual roadway. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:48 p.m. asking those persons interested in this item to speak. The following persons spoke: 1. Alan Manee, Manee Consulting, representing Weldon Page, AP# 378-020-009, stated that he is not speaking in opposition to the action to acquire property, but would like the opportunity to address concerns to the Engineering Department regarding drainage, accessibility to property and the method of calculations for his client. Mr. Derrick Kantar, Glenn Lukos Associates, advised that he conducted the wetlands study and stated that appropriate wetlands are determined by three factors: (1) Hydrology, (2j soils characteristics and (3) vegetation. He further stated that the area already had existing wetland and therefore the ratio was raised to compensate. Mr. Molendyk questioned the ratio. Mr. Kantar stated that it is almost a three (3) to one (1). Mayor Washburn asked if the wetlands could be used for other activities for the public. Mr. Kantar stated that it could not be in active use by the public in order to preserve the integrity of the -, wetland. It can be used as a passive area for the public ~ with boardwalks through it so the public can enjoy seeing i the wetlands. 2. Mr. Dick Knapp, 29690 Dwan, questioned the acquisition and what it means. Mayor Washburn stated that the City was required to create new wetland areas (beyond what exists). City Manager Molendyk clarified that the agencies will not accept what is there, but rather the City had to create new wetlands. Mr. Knapp then asked who was paying for this. Mayor Washburn stated that the Redevelopment Agency is paying for it. Mr. Knapp asked if there was a contribution by the property owners. Mr. Knapp questioned the property owners contribution Mr. Molendyk explained that as part of the Outlet Center's Agreement with the Redevelopment Agency, the Redevelopment Agency is doing the improvements. 3. Mr. Fred Crowe, Keith Companies, 565 Chaney, stated that he would encourage the City to negotiate for the best possible deal to benefit the City. Mr. Kantar stated that the plans for>the wetland were done with the future in mind, so that when the City has future projects the mitigation will ba covered. PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 28~ 1991 4. Mr. Charles Schultz, Law Firm of Reed and Hillard, 3880 Lemon Street, Riverside, representing Mr. George Koliber, AP # 378-020-050 and 378-020-003; stated that his client did not received any notice of purchase of wetland and a substantial portion of his property is proposed wetland which the owner intended to develop. Mr. Schultz stated that he is expressing his client's opposition to the project. Mr. Kantar explained that the wetlands on the Outlet Center were mitigated on the outlet Center's property itself. He further explained that Mr. Koliber's property is proposed as a wetland mitigation site because the area already exists as a wetland and is in a FEMA floodway area. The choice was made to conform everything to existing wetlands and £loodway. Mr. Molendyk inquired whether the decisions were based on FEMA regulations which allow building in the Flood Plain, but not in a Flood Way. Mr. Kantar confirmed this. 5. Cappy Carpenter, 16755 Grand Avenue, objected to the expenditure of Redevelopment funds for private property for the wetlands. She suggested an alternative approach utilizing recently closed military bases for trade off property. 6. Jon Friedman, Long Beach Equities, AP# 389-200-013 as well as other property on Lake Street stated his concern regarding dedication of right-of-way for Collier and Nichols and stated that as part of recording the parcel map on their project the right-of-way is a part of it, they stated that they prefer not to have the land purchased because it will be deeded to the City with the Final Parcel Map. He further stated that his firm is in support of the project. Mayar Washburn, hearing no further comments, closed the Public Hearing at 9:14 p.m. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED WITH WINKLER ABSTAINITIG TO APPROVE RESOLUTION NO. 91-44: RESOLUTION N0. 91-44 A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PROPERTY FOR COLLTER AVENUE. BUSINESS/DIS~USSION ITEMS 51. Tract 19344 Extension of Time = CLL Builders. (F:160.2) A request to extend the nap an additional one year period. The subdivision is located North o£ Union Street between Skylark & Corydon Streets. Continued from May 14, 1991. City Manager Molendyk detailed the project and the amended conditions. Mayor Washburn commented that the new conditions seem to address the concerns. Councilman Winkler commented, for the current residents in this area, on the pending park for their neighborhood. MOVED BY BUC1{, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 28, 1991 TO APPROVE THE EXTENSION OF TIME FOR TRACT MAP 19344 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findinas 1. Suus£antial costs associated with the project flood contro~ channel improvement plans have been incurred by the Applicant, and the Applicant has provided staff evidence that they have maintained an on-going effort to complete processing the flood control plans with the County Flood Control District. 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. Conditions = Tract 19344 1. Approval Contingent upon certification by City Council of a Focused Environmental Impact Report. 2. Approval contingent upon approval of annexation request by the Local Agency Formation Commission (LAFCO). 3. A finding of conformity to the adopted General Plan. 4. Applicant shall record CC & R's for the Tract prohibiting on-street storage of boats, motorhomes, trailers, and trucks over one-ton capacity and roof-mounted, or front-mounted microwave antennas. 5. Meet all City codes and ordinances. 6. Applicant shall meet all requirements of Ordinance No. 572. 7. Applicant shall enter into an agreement with the Elementary and High School Districts to offset overcrowding. 8. All trees planted along streetscape must be a minimum of fifteen (15) gallon size. 9. Applicant shall submit to the Planning Division and Engineering Department a map showing all eight (8) phases of development. 10. Trailers utilized during the construction phase shall be approved by the Planning Division. 11. Applicant will utilize the highest Uniform Building Code values pertinent to seismic structural design, as per Senior Building Official and/or ICBO recommendations. 12. Applicant shall submit plans/specifications for six-foot (6') decorative block wall along project perimeter to Planning/Engineering Departments for review, as per map ~ item number 23. This item is subject to review and final , approval by Design Review Board. i 13. Meet County Fire Department requirements for fire protection. 14. Meet County Health Department requirements. 15. Meet Regional Water Quality Control Board requirements. PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 28, 1991 16. Applicant shall submit design elevations to the Design Review Board for approval. 17. Delete. 18. Participate in City-wide entry-signage program 19. All si~nage must be under permit. 20. All park and recreational facilities must be improved to standards and specifications of Recreation and Park District and/or City Council. 21. Provide transit facilities (i.e., covered bus stops) within said project as deemed applicable by Chairman of Lake Elsinore T.ransit System. 22. Participate in ]_:andscaping and Lighting District. 23. All slopes must be planted with erosion control vegetation to be approved by Planning Division. 24. Delete. 25. Require developer to dedicate five (5) acres for park usage and improve 2.7 acres of the five (5) acres. Improvement and location within the thirteen (13) acres to be at staff's discretion, as a condition of the final map. Remainder of the thirteen (13) acres, which is not park site, to be dedicated as a buffer zones. 26. The entry to be as proposed by the developer, a small moxiument . 27. Delete lots 305, 306, 307, 308, 309, 192, 193, 194 and 181, for creation of a buffer zone between the development and the airport. 28. Include a clause notifying buyers within the Tract of the development's proximity to an airport, to be recorded on eac:h lot. 29. Dedicate 20 (20) additional feet of right-of-way along Corydon Road. 30. Construct asphalt paving to City Standards from centerline to lip of gutter on Corydon Road. Tests must be provided to show that existing paving is to the City Standards and will support the traffic load represented by the City Engineer's traffic index. Obtain Riverside County permits as required. 31. Construct curb, gutter and paving on all proposed streets to the specifications of the City Engineer. 32. St~:eet plans and specifications to be prepared by a rec~istered Civil Engineer and will include signing and striping. As-built street, grading, utility and drainage im~:rovement plans are required. 33. Consent to sign an agreement to pay Traffic Safety Mitigation fee for future traffic signalization in the amount of $225.00 per lot or provide cash bond to guaLantee construction of one signalized intersection upori demand by the City on Corydon Road at either Palomar Street or Grand Avenue. Provide services of a trazfic engineer to study the need of a signalized PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 28, 1991 intersection at Corydon Road and Palomar Street. 34. Install six-foot (6') sidewalk adjacent to all curbs and gutters except eight-foot (8') width along the commercial frontage. 35. Construct curb, gutter, sidewalk and on-half street paving to ten feet (10') past centerline for the extension of Palomar Street to Corydon Road. City will assist developer in acquiring right-of-way by corresponding with the property owner. Developer must dedicate required right-of-way. the City is to assist the developer in acquiring the right-of-way. If the City and the developer are able to obtain this particular right-of-way, then the developer should at the development stage of other property, be responsible for his half of Palomar Street, as provided in the Subdivision Map Act and to conform with same. 36. Public improvements to conform with City Code requirements and City approved Riverside County Standard Drawings and Specifications. 37. Centerline of Union Street must align with centerline of existing Union Street southeast of Corydon Road. 38. All local streets which are not terminated in cul-de-sacs shall have 60-foot right-of-way with 40-foot wide curb-to-curb roadway. Cul-de-sac streets to be 56-foot right-of-way, with a thirty-six foot (36') curb-to-curb roadway. 39. Provide Class II or equivalent bike lane on Corydon Road as approved by the City Engineer. 40. Provide bus turnout and bus shelter on Corydon Road as approved by the City Engineer and the Lake Elsinore Transit System. 41. All grading must conform to City Ordinance No. 636 and the Uniform Building Code, Chapter 70. Erosion control planting and irrigation must be approved by the City Engineer. 42. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with preliminary and finish grade certifications. 43. Street trees shall be provided, type, size and placement shall be approved by the City Engineer. 44. Provide grading plan prepared by a registered Civil Engineer. All property lines shall be at the top of the construction slopes with the required Uniform Building Code setback requirements. 45. The northwesterly corner of this proposed Tract 19344 is below elevation 1270, the lowest corner being elevation 1261. Earth fill up to as high as 1276 is being proposed in this northwest corner of the tract to provide recreation and public facilities. City Ordinanoe No. 603 states in Section 2.3-1(3): "Review all development permits to determine whether the proposed development adversely affects the flood carrying capaaity of the area of special flood hazard. For PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 28, 1991 purposes of this ordinance, 'adverse affects~ means that the cumulative effect of the proposed development, when combined with all other existing and <znticipated development will not increase the wat~~r surface elevation of base flood more than one foot at a~iy point in the City of Lake Elsinore flood plain,° Paved parking areas and other minor sLructures associated with`recreation facilities are proposed below elevation 1270. City Ordinance No. 711 states in section three: "No person, firm or corporation shall construct any new non-residential structure within the City of Lake Elsinore with the foundation or basement lower than the elevation of 1270 mean sea level within the perimeter streets of Lake Elsinore consisting of Grand Avenue, Riverside Drive, Mission Trail and Corydon Road, except as specifically permitted by the City Council on a case-by-case review." Planning Commission and City Council must interpret the proposals shown on this Tentative Tract with consideration of these ordinance requi.rements and make appropriate findings. 46. The hill or rise near the center of this site is proposed to be removed and involves a maximum cut of fifty-nine (59) to sixty (60) feet. The grading ordinance Number 636 states in Section Two (A): "This ordinance shall provide for the preservation of the natural scenic character of the land, consistent with reasonable economic enjoyment of such property". The Planning Commission and City Council must make a finding that this proposed land development is consistent with the Ordinanoe requirements and changing of the topography is necessary, because of the unusual character of this site and necessary for the property owner to enjoy a substantial property right. 47. Install ornamental street lighting as approved by the City Engineer. 48. Comply with the requirements of Riverside County Flood Control report, dated July 2, 1984, and additional or alternative requirements of the City Engineer and the City Code. The City Engineer shall judge as to interpretation and application of flood control recommendations. 49. Submit hydrology and hydraulic studies, necessary master planning and detailed plans and profiles of the proposed flood control facilities to Riverside County Flood Control District and to the City Engineer for review and approval prior to Final Map recordation. Provide drainage easements as required by the City Engineer. 50. Construct box culvert(s) under Corydon Road and Union Street with inlet facility to the satisfaction of Riverside County Road Department, Riverside County Flood Control, and the City Engineer. 51. All major drainage facilities in this Tract shall be constructed to Riverside County'Flood Control District standards and agreement entered into with the District for construction, ownership and maintenance. PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 28, 1991 52. Provide for a drainage ditch and/or a retaining wall, along the southwest boundary of this Tract, of a decorative nature as approved by the City Engineer for added flood protection. The drainage channel along the southwest boundary of this Tract shall be provided with a ten foot (10') top width maintenance road. An irrevocable offer of dedication of an easement shall be given'by developer for this drainage facility. City will not accept the easement, but will leave underlying ownership and maintenance responsibility with the individual home owner. 53. Comply with the requirements of Elsinore Valley Municipal Water District, County Health Department and California Regional water Quality Control Board for sewage disposal. Provide letter from Elsinore Valley Municipal Water District pertaining to agreement regarding sewage disposal construction. 54. Developer to hook-up to regional sewer system. Install cleanouts behind the sidewalk on all sewer laterals as required by the City and/or Elsinore Valley Municipal Water District. Developer acknowledges that sewer lateral maintenance from the sewer main in the street to the property line is homeowner or Elsinore Valley Municipal Water District's responsibility. No occupancy will be granted until sewer service is available from Elsinore Valley Municipal Water District regional sewerage collection and treatment system. 55. Provide a will-serve letter guaranteeing water service from Elsinore Valley Municipal Water District. 56. Dedicate underground water rights and future water site to the City or its assignee. 57. Pay all applicable Capital Improvement Fund fees per Ordinance No. 572. 58. Pay all sewer fees as required by Elsinore Valley Municipal Water District. 59. Pay all Public Safety fees (police and fire) per Resolution No. 83-87. 60. Pay all School fees. 61. Prior to Final Map recordation, a subdivision agreement shall be entered into with the developer(s), owner(s) and the City. 62. Final Map shall show the following items with a prominent note: a) All geologic fault lines, b) 100-Year and 500-Year Flood Plain, c) Areas subject to flood hazards. 63. Provide Tract Phasing Plan for City Engineer's approval. Bond public improvements for each phase, as approved by the City Engineer. 64. Record a Notice of 100-Year Flood Hazard and waiver of City liability. 65. Applicant will contribute pro rata share toward fire fighting facilities serving the southeastern end of the PAGE LWENTY - CITY COUNCIL MINUTES - MAY 28', 1991 City. Amount not to exceed twenty-five thousand dollars ($25,000.). 66. Applicant to agree to join Assessment District for the San Jacinto Bridge. 67. A. A.district to be formed under the Lighting and Landscaping Act of 1982 (commencing with Section 22500 of the Streets and Highways Code) to pay for the annual cost of lighting, landscaping and parks which benefit the project, by the annual levy and collection of an assessment within the Project Area. B. A Community Facilities District to be formed under the Mello Roos Community Facilities Act of 1982 (commencing with Section 53311 of the Government Code) to pay for the cost of fire, police and storm water protection services, by the annual levy and collection of a special tax within the project area. The developer agrees to waive any right of protest under the Lighting and Landscaping Act of 1982. Furthermore, the developer agrees to vote affirmatively on the ballot proposition to k~e submitted at a special election incident to proceedings under the Mello Roos Community Facilities Act of 1982. 68. Developer shall complete construction of the 4.85 acre park site which includes the 2.7 acre active park and have it ready £or premaintenance acceptance by the Director of Community Services concurrent with the first Certificate of Occiapancy, excluding the model complex, for the next cor~structed phase. Provided the - City has funds, Developer shall share the cost and participate in the installation of turf hydroseeding and permanent irrigation of the remaining approximate 7.0 acre park site; otherwise, Developer shall install erosion control measures on-site in accordance with the previous parks agreement. 69. All improvement plans and tracts shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC INFO/ GIS or developer to pay $1,000 per sheet for City digitizing. 70. Developer shall provide "No Parking" and "Street Sweeping" signs for streets within the tract or pay a fee for installation by the City. 71. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 72. Tract building and grading permit phasing shall be in accordance with agreed upon sequence of development activities signed August 1, 1988. BUSINESS ITEMS 52. Second Readina = Ordinance No. 916, (F:170.6) Relating to Grant of Franchise - Jones Intercable of San Diego, Inc. MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT ORDINANCE N0. 916: PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MAY 28, 1991 ORDINANCE NO. 916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, GRANTING A FRANCHISE TO PROVIDE A COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE TO JONES INTERCABLE OF SAN DIEGO, INC. UPON THE FOLLOWTNG ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, NOES: COUNCILMEMBERS: WASHBURN ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk reminded Council of the Joint City Council/Planning Commission Study Session scheduled for Thursday, May 30 at 3:00 p.m. CITY COUNCIL COMMENTS Councilman Dominguez commented on Briarwood Mobile Home Park and the original intention that it be a Adult Park. He suggested that staff contact Mr. Lyle Hodges (former owner) to clarify. Councilman Starkey also commented on Briarwood Park and on the residents contacts with Assemblyman Clute's office and his efforts to pursue the concerns. Councilman Dominguez expressed concern with the Rodeo and the closure of Franklin Street. He felt the barricades were not placed pursuant to Council's direction and commented that he would not support closure of this street for future requests. Councilman Starkey commented on the success of the Rodeo with higher attendance levels and income than previous Rodeos. He also commented on the need for a larger facility for future Rodeos. Councilman Winkler requested that staff bring back recommendations for prewiring of commercial and industrial buildings by the end of June. He also reminded Council of the Annual Meeting of the Western Riverside Council of Governments. He expressed concern with the scheduling of the budget study session during the week rather than on Saturday. Mayor Washburn commented on a call received from Mr. Tom Arbor regarding a stolen water meter. He also commented on the success of the Rodeo and the need for additional parking on site. He suggested that the Chamber consider a full time Rodeo Director to assist with locating a new site. City Attorney Harper requested a Joint Closed Session to discuss pending litigation involving Lake Elsinore Associates, Jones Intercable and a property acquisition on Avenue 6. THE CITY COUNCIL MEETING WAS RECESSED AT 9:29 P.M. THE CITY COUNCIL RECONVENED AT 9:32 P.M. CLOSED SESSION THE CITY COUNCTL ADJOURNED TO CLOSED 5ESSION AT 9:32 P.M. FOR DISCUSSION OF THE ABOVE MENTIONED ITEMS. THE CITY COUNCIL RECONVENED AT 9:55 P.M. NO ACTION TAKEN. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - MAY 28, 1991 ADJOURNMENT MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:56 P.M. ~ ~~~~~~ GARY WASHBURN~ MAYOR CITY O LAKE ELSINORE A TEST: 1 ~~~v ~~~~~\ VICKI IiF 6AD, CI't'Y CLERK CITY OF LAKE EL•SINORE