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HomeMy WebLinkAbout09-24-1991 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 24, 1991 ****+**~************~********************************************* CALL IO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by member of the audience Robert Ponce. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, ABSENT: COUNCILMEMBERS: WINKLER 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 and City Clerk Kasad. PUBLIC COMMENTS Dick Knapp, 29690 Owan Drive, commented on recent articles in The Press Enterprise pertaining to the serial killings. He suggested that efforts be made to eliminate the sources by getting the prostitutes off the streets. Mayor Washburn advised that there was another item on this agenda dealing with public safety as a whole. City Manager Molendyk commented on recent law enforcement activities and requested that Captain Reynolds comment as well. Captain Reynolds commented on the tragedies currently occurring in Lake Elsinore and society as a whole. He stressed the public side of finding solutions to this dilemma. He also stressed the current level of service, which is the result of City Council's commitment of the last three years. He advised that in that three year period the Sheriff's contract has been doubled to address increasing crime problems. He also commented on the serial killings and work done in other cities with no resolution. He expressed confidence that the current effort could very well provide resolution of the problem. Captain Reynolds also addressed recent newspaper articles relating to the Street Sweeping citation program and explained that the officer involved is a Community Service Officer, specifically used for this type of program and not a"Patrol Officer". He advised that the "gang operation" addressed by the media, had been successful in ways other than arrests made that day; which was done at no additional cost to the City of Lake Elsinore. He also advised that there is an "800" hotline number for information relating to the serial killer. COUNCILMAN WINKLER ARRIVED AT 7:10 P.M. PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 PRESENTATIONS/CEREMONIALS A. Proclamation - Escrow Month. Mayor Washburn read a Proclamation recognizing Escrow Month and presented it to Kim Strong from Contemporary Escrow. Ms. Strong thanked the Council for this recognition. B. Proclamation = Cents for Seniors make Sense. Mayor Washburn read the Proclamation and presented it to Councilman Will Buck on behalf of Golden Spectrum. Councilman Buck thanked the City Council for their ongoing support of Golden Spectrum and explained the penny drive, which will be used to supplement senior activities and provide activities for seniors who could not otherwise afford to participate. CONSENT C LA ENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 17. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. I. The following Minutes were approved: a. City Council Meeting - September 10, 1991. The following Minutes were received and ordered filed: b. Planning Commission Meeting - August 21, 1991. c. Planning Commission Meeting - September 4, 1991. 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for August, 1991. 3. Received and ordered filed the Building Activity Report for August, 1991. 4. Received and ordered filed the Investment Report - August 31, 1991. 5. Ratified Warrant List for September 16, 1991. 6. Approved Establishment of A Disadvantaged Business Enterprise (DBE) Program and Adopted Resolution No. 91-74. RESOLUTION N0. 91-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND APPOINTING A DBE LIAISON OFFICER AND ESTABLISHING DBE GOALS. 7. Approved National Pollutant Discharge Elimination System (NPDES) Storm Water Oischarge Permit Implementation Agreement. 8. Adopted Resolution No. 91-75 and authorized the Administrative Services Director to submit Claim for funds under the Transportation Development Act of 1971 (Article 4). PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 RESOLUTION N0. 91-75 A RESOLUTION OF THE CITY COUNCIL OF TNE CITY OF LAKE ELSINORE SIGNIFYING ITS INTENTION.TO SUBMIT A CLAIM fOR FUNDS UNDER THE TRANSPORTATION DEVELOPMENT ACT OF 1971 AND AUTHORIZIN6 THE ADMINISTRATIVE SERVICES DIRECTOR TO COMPLETE ALL DOCUMENTS TO SUPPORT CLAIMS FOR FUNDS. - 9. Directed Staff to negotiate with R.T.A. representatives to work out the necessary funding, staffing and operational arrangements necessary to comply with the intent of the J.P.A. for the merger of Lake Elsinore Transit System with R.T.A. 10. Approved advance, if necessary, of up to 5600,000 to Community Facilities District 88-3 (West End). Such advance, plus interest at the rate of City/RDA earnings from the State Local Agency Investment Fund, to be retained from the bond proceeds of CFD 88-3 Series B Bonds. 11. Approved Memorandum of Understanding with the Public Employees Association of Riverside County, Inc: for the 1991/92 Fiscal Year. 12. Awarded Contract for West End Community Facilities District - Line "C" and "C-1" Storm Drain to Utah Pacific for Reinforced Concrete Pipe portion in the amount of $1,812,114.00 & Floyd Johnston Construction for the Cast-in-Place Pipe portion in the amount of $1,351,983.50. 13: Awarded Contract for Improvements at the Intersection of Lakeshore Drive & Robb Road to R.A. Ruiz Construction in the amount of $305,181.70. - 14. Concurred with Redevelopment Agency Action to Approve the ' Proposal of the Chambers Group for the EIR for the Eastlake 5pecific Plan, and authorized staff to enter into an agreement. (Concurrent action on this item carries a vote of 4 to 0 with Winkler abstaining.) 15. Granted Easement to Southern California Edison Company for a sixteen foot wide utility easement to provide electrical service to overhead lighting in Terra Cotta Park and Terra Cotta High School outdoor facilities. 16. Approved Final Tract Map 24624-3, 4& 5 and authorized recordation. ITEM PULLED ~ CONSENT CALENDAR 17. Lake lsinore Animal iends ontract Revisions/Fundina. Mayor Washburn advised that he pulled this item because of concerns raised by the local veterinarians. City Manager Molendyk advised that discussion has occurred and L.E.A.F. feels this has been resolved. City Attorney Harper advised that he has discussed the matter with L.E,.A.F.'s attorney and understands that an agreement has been reached. Community Services Director Watenpaugh advised that he has '. spoken with both parties and some concern still exists with '' one paragraph of the agreement and discussions are continuing to resolve it. City Attorney Harper commented that the approval be conditioned on the pending agreement. Mayor Washburn concurred with the conditioning and advised that he is concerned with the level of cooperation. City Attorney Harper clarified that while Councilman Winkler's PAGE EOUR - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 partner is the attorney for L.E.A.F., that position is without compensation and there is not a conflict in voting. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFf RECOMMENDATIONS WITH CONDITIONING THAT THE PENDING AGREEMENT BETWEEN L.E.A.F. AND THE VETERINARIANS BE COMPLETED. STAFF RECOMMENDATIONS ALLOWS FOR ADDITIONAL FUNDING AS FOLLOWS: lst Quarter E5,000 2nd Quarter ~5,000 3rd Quarter E6,500 4th Quarter a6,500 PUBLIC HEARINGS 31. Thomas rot ers Cornoration (Kentuckv Fried C icke one han e 90-8 Revised: Conditional Use Permit ~ Revised and Commercial Pro'ect 90-11 Revised. Mayor Washburn explained staff's recommendation. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:29 p.m. asking those people interested in this item to speak. Hearing no one, the public hearing was closed at 7:30 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO DEEM TNE ABOVE MENTIONED APPLICATIONS EXPIRED AND REMOVE THEM FROM THE AGENDA. 32. Tuscanv Oaks TMP E~II 91-1: General Plan mendment 91-4: Zone Chanae 91-6: Tentative Tract Map 25171 Revised and Tentative Tract Map 26459. A request to certify EIR 91-1; to change the zoning from R-R (Maximum 0.5 dwelling units per acre) to R-I (Maximum 6 Dwelling Units per Acre), and to subdivide 169.1 Acres into 355 Single-Family Lots plus 8 Open Space Lots, located approximately two miles easterly from Interstate 15 and State Route 74 Junction, just southerly and easterly of Wasson Canyon. City Planner Christen detailed the background of this project and explained the circulation system for the project. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:31 p.m. asking those in support of the project to speak. The following person spoke: Lawrence Buxton, Courton & Associates, representing the applicant, detailed the history of this plan and its location. He also detailed the proposed traffic circulation plan and reduction in grading requirements. He presented a letter from the adjacent property owner in support of the project. Mayor Pro Tem Starkey questioned the ultimate population of this development. Mr. Buxton estimated 1,000 and detailed the proposed traffic corridor system to defray the traffic. Mr. Starkey was in favor of the proposed traffic corridor plan. City Manager Molendyk complimented the applicant on the proposed frontage road treatment. PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:44 p.m. Councilman Buck advised that he is happy with the new plan. Mayor Washburn and Councilman Winkler both advised that they have potential conflicts and would be abstaining from vote. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 3 TO 0 WITH WINKLER AND WASHBURN ABSTAINING TO CERTIFY ENVIRONMENTAL IMPACT REPORT 91-1 AND ADOPT RESOLUTION N0. 91-76; APPROVE GENERAL - PLAN AMENDMENT 91-4 AND ADOPT RESOLUTION N0. 91-77; APPROVE ZONE CHANGE 91-6 AND ADOPT ORDINANCE N0. 924; AND APPROVE TENTATIVE TRACT MAP 25171 REVISED AND TENTATIVE TRACT MAP 26459 SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS: Findinas = Environmental m act Reoort i. The final EIR has been completed in compliance with CEQA. 2. The final EIR was presented to the.decision making body of the lead agency and that the decision making body reviewed and considered the information contained in the Final EIR prior to approving the project. 3. Proper Findings have been prepared pursuant to Section 15091 of the California Environmental Quality Act (CEQA) on the impacts that have been eliminated or reduced to a level of insignificance. 4. Statement of Overriding Considerations has been - prepared pursuant to Section 15043 of CEQA on impacts that have not been reduced to a level of insignificance. findinas _ 6eneral Plan Amendment 9~ 1. The amendment to the Circulation EJement of the General Plan meets the Goals, Policies and Objectives of that element and is internally consistent with all other elements of the General Plan. 2. The amendment provides a better overall circulation system for the City of Lake Elsinore. Findin4s = one Chan4e 91=6 1. The Zone Change is consistent with the General Plan which states clustered single-family development may also be encouraged within the Low Density Residential designation to minimize grading requirements and impacts to environmentally sensitive areas, ' 2. The R-1 designation is a better tool than the R-R designation to implement the General Plan Goals and Policies. Findinas _ Tentative Tract Map 25171 Revised and Ma~ 26459 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 specified in the General Plan (Government Code Section 66473.5). 2. The City Council has considered the effects of it 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 (6overnment Code Section 66473.1). 4. The City Council shall determine by certification and/or letter from the governing sewer disposal agency, EVMWD, whether the discharge 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 wasted discharge would result in or add to a violation of said requirements, the Planning c.ommission may disapprove the Tentative map or maps of the subdivision (Government Code Section 66474.6). 5. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City of Lake Elsinore Subdivision Ordinance. RESOLUTION N0. 91-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIfYING ENVIRONMENTAL IMPACT REPORT 91-1 FOR GENERAL PLAN AMENDMENT 91-4; ZONE CHANGE 91-6; TENTATIVE TRACT MAP 25171 REVISED AND TENTATIVE TRACT MAP 26459. RESOLUTION N0. 91-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT Of THE LAKE ELSINORE 6ENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1991. ORDINANCE N0. 924 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 169.1 ACRES LOCATED APPROXIMATELY TWO MILES EASTERLY FROM INTERSTATE 15 AND STATE ROUTE 74 JUNCTION, JUST SOUTHERLY AND EASTERLY OF WASSON CANYON FROM R-R (MAXIMUM 0.5 DWELLING UNITS PER ACRE) TO R-1 (MAXIMUM 6 DWELLING UNITS PER ACRE) (ZONE CHANGE 91-6 - TUSCANY OAKS/TMP. UPON THE fOLLOWING ROLL CALL VOTE: AYES; COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER, WASHBURN PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 Plannina Division Conditions - Tract 25171 Revised and Tract 26459 Tentative Tract Map 25171 Revised and Tentative Tract Map 26459 are approved subject to the approval of General Plan Amendment 91-4 and Zone Change 91-6. Tentative Tract Map 25171 Revised and 26459 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. Signage for this subdivision shall require City Permits. 4. Prior to the recordation of any final tract map, applicant shall have entered into a school impact mitigation agreement with the school district, or prior to recordation of any final tract map the project shall have been included within the formation of CFD 91-1 to be formed by School District at its cost, or annexed to CFD 91-1 subsequent to its formation. City shall have considered the adequacy of the 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. 5. Street names within the subdivision shall be approved by the Planning Division. 6. Bicycle lanes and bus turnouts are to be provided - subject to the requirements of the Community Services Director or his designee. 7. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Planning Manager. 8. 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 EVMWD. 9. Trailers or mobile homes utilized during the construction phase of this project shall require bond and be subject to approval of the Planning Manager or designee, prior to issuance of grading permit. 10. The developer shall establish a Homeowners Association prior to Final Map to manage and impose fees to maintain all slopes, common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreationa7 facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Planning Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 11. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Planning Manager and the City Attorney, 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. 12. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. The model complex must provide off-street parking and one model must incorporate xeriscape landscaping with identifying signage. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 13. Interim and permanent erosion control measures are required. The applicant shall bond 120& for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 14. 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. 15. All project mitigation measures, as specified by the adopted EIR and its mitigation monitoring program is required to be implemented into the project in accordance with the times specified in the mitigation monitoring program as amended by these Conditions of Approval. 16. A noise analysis to determine noise impacts of proposed Elsinore Ridge Road is required prior to Final Map. 17. Developer shall participate in a Mello-Roos financing District or other financing mechanism for the Railroad Canyon - Interstate 15 fire station facility. Proof of participation is required prior to final Map. 18. Additional environmental review in accordance with CEQA guidelines is required prior to Final Map approval for the construction of any off-site roads. 19. Prior to final map an agreement between State Fish and Game and the Army Corps of Engineers for section 1600 and 404 permits shall be obtained for impacts to the blue line watercourse and Mulefat Scrub habitat. 20. Prior to issuance of grading permits shall pay any required Stephen's Kangaroo Rat fees of the species habitat conservation program. 21. A focused spring survey to determine sensitive plant species prior to final map is required. Future mitigation may include avoidance (site redesign), transplanting, purchase of occupied habitat, propagation programs etc..., and/or as recommended by PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 State Fish and Game. If redesign is required it shall come back to the Planning Commission. 22. A focus survey for the San Diego Horned Lizard and Orange Throated Whiptail prior to final map is required. Surveys for this species shall focus on ridge tops and canyon bottoms. Mitigation shall be that required by the California Department of Fish and Game. 23. Developer shall participate in any AB 939 City adopted Ordinances for solid waste reduction. Areas shall be set aside within the tract for recycling drop off areas prior to issuance of final map. Desian/Aesthetic Imoact Mitigation 24. Subject to a Geotechnical Report, consideration shall be given to cut slopes exceeding 2:1 slopes that minimize the number of 30 foot benches required. All slopes shall be contour graded subject to the approval of the Community Development Manager or his designee. All down drains wherever possible shall be diagonal along the face of slopes or colored concrete shall be used. A landscaping plan that minimizes stark cuts such as clustered plant groupings of ground cover, shrubs and trees shall be used./ The planting pallet shall be reviewed by a biologist or native plant horticulturist in conjunction with the Riverside County Fire Department and the City's Landscape architect for the purpose of incorporating Riversidean Sage Scrub species. Improvements shall be installed prior to Certificate of Occupancy. 25. The parkways of Elsinore Hills Drive, Elsinore Ridge Road, East Cambern Loop and the loop street within Tract 24659 shall be landscaped in accordance with adopted City Public Right of Way landscape guidelines, and include a combination of ground cover, shrubs and trees. All street trees shall be minimum of 24" box. Improvements shall be installed priow to Certificate of Occupancy. 26. "Prior to issuance of grading permit, the applicant shall pay required fees to the City for implementation of the Mitigation Monitoring Program". 27. All streets with reversing curves shall be separated by a tangent, length of tangent to be approved by the City Engineer. 28. The minimum horizontal radius for local street shall be 300 feet including East Cambern Loop. 29. Eliminate "H" Street off site in Tract 26459. Make "B" and "C" Streets loop streets on Tract 26459 30. Lots 186, 187 and 188 in Tract 26459 shall.be letter lots. 31. Lots 171, 172, 173, 174 and 175 in Tract 25171 shall be lettered lots. 32. All major manufactured slopes exceeding 30-feet in height shall be contour graded. PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 33. All major manufactured slopes exceeding 30-feet in height shall provide room for bench drains. 34. The rear property line for all lots with rear yard slopes shall be moved two feet (2') away from the top of the slope. 35. A landscape maintenance easement shall be recorded prior to Final Map for the maintenance of all large sloped areas within individual lots., The maintenance of these slopes shall be the responsibility of the HOA. The developer shall install all landscaping in common areas and in common maintenance areas. 36. All major slopes outside the right-of-way for Elsinore Hills Road shall be maintained by HOA. The City may, at its option, decide to maintain these slopes after reviewing the tract landscape plans. 37. Lots 17 and 18 on Tract 26459 shall be within the tract boundary. Enaineerina Aepartment Conditions 38. 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. 39. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 40. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution 85-26. 41. Submit a"Will-serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval 42. Construct a11 off-site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to final map approval. 43. 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). 44. 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). 45. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 46. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) shall be the responsibility of the property owner or his agent. PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 47. Provide fire protection facilities as required in writing by Riverside County Fire Department. 48. Provide street lighting an show lighting improvements plans as required by the City Engineer. 49. Submit Hydrology and hydraulic study for review and approval by City Engineer prior to approval of final map.. Developer shall mitigate any flooding and or erosion downstream caused by development of site and diversion of drainage, subject to City Engineer approval. 50. A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 51. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protection. 52. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 53. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 54. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 55. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 56. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 57. Map shall provide for all local stress to have sixty foot (60') right-of-way with forty foot (40') curb-to-curb. Restricted local streets (cul-de-sacs) shall have fifty-foot with a three foot (3') utility easement on each side. 58. Desirable grade for local streets is nine percent (9%). The maximum grade of fifteen percent (15%) should only be used because of design constraints. 59. Al1 utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 60. Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal.Code. 61. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 62. Minimum horizontal curve radius for secondary streets shall be 1,000 feet. PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 63. Applicant shall participate in an Assessment District for the design and construction of the Wasson Canyon Road Circulation system prior to final map approval. If an Assessment District is not formed this applicant will be responsible for providing two (2) paved access roads to his tract as approved by the City Engineer. 64. Appl.icant shall cooperate with developers to the north and east for the design and construction of Elsinore Hills Drive an Elsinore Ridge Road Connection to Camino Del Norte, Cambern and Ramsgate. 65. The Geology Report submitted for the subdivision shall include: a) Identification of all faults to define potential hazards. b) Stability of man made slopes under either static or dynamic conditions. c) Differential settlement of engineered fills of significant thickness, as determined by geologist. 66. All existing utility easements thru tract which interfere with development shall be relinquished prior to final map approval. 67. If right-of-way or easements are abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-ways. 68. All open space and slopes except for public parks and schools and Flood Control District facilities, outside the public right-of-way will be owned and maintained by either an home owner's association or private property owner. 69. Developer shall contribute a pro-rata share for the design and construction for the proposed traffic circulation improvements recommended and as shown on Exhibit "S" in Traffic Study prepared by Kahn, Kain and Associate in October 1990 prior to Final Map. 70. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/Gis or developer to pay ~1,000 per sheet for city digitizing. 71. If public improvements are to be constructed in phases, than a phasing plan must be approved by the City Engineer prior to building permits. 72. A National Pollutant Discharge Elimination System permit will be required of construction activity, underway or commencing after November S, 1991, that would disturb five or more acres. The permit is to be obtained from the Regional Water Quality Control Board having jurisdiction. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Board prior to issuance of grading or building permits. 73. Eliminate the indication of grading to accommodate stub road, but retain the easement right on east PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 Cambern Road. 33. Buildina Securitv Provision Ordinance. Adding Chapter 15.28 to the Lake Elsinore Municipal Code. Ordinance No. 925. City Manager Molendyk detailed the reasons for this ordinance and commented on the original direction to provide pre-wiring for new construction. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:48 p.m. asking those in favor of this Ordinance to speak, No one spoke. Mayor Washburn asked those in opposition to this Ordinance to speak. Hearing no one, the public hearing was closed at 7:49 p.m. Mayor Washburn reminded the audience that if an ordinance such as this one does not work perfectly, it can be amended at a later date. Councilman Winkler commented on previous City Council discussions relating to alarm systems. He advised that a consultant and the B.I.A. have reviewed the ordinance for appropriateness and feasibility. He further advised that this is an effort to be proactive in crime prevention. Councilman Buck supported this Ordinance and advised that he installs alarm systems in all of his developments and to date there have been no break-ins. He commented that the cost of an alarm system is not prohibitive to this effort. MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT ORDINANCE N0. 925: ORDINANCE N0. 925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADDING CHAPTER 15.28, BUILDING SECURITY PROVISIONS TO THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCLLMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNGILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Public Hearina for Determination of 'cious Doq. City Attorney Harper reported that the Food and Agriculture Code Section 31602 provides that City Council may make a determination that a dog is vicious, subject to impoundment and destruction. In order to do so it is necessary to hold a ~ public hearing and have evidence presented and an opportunity for the dog owners to respond and ultimately the Council to make a determination that the dog is or is not vicious. The City Clerk reported no written comments or protests. Mayor Washburn opened the Public Hearing at 7:55 p.m. and asked Diana Hofman, Animal Control Officer to testify. PAGE fOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 Ms. Hofman stated that she has been familiar with the dog since it was three months old. The dog was raised with a female dog which was vicious and Mrs. Von Victor did have: the older female put to sleep when the dog prevented U.S. Mail service on the entire block. Over the course of the last two years this dog "Sinbad" has had three bite incidents and each one has incurred an impoundment and quarantine period. At the time of each quarantine Ms, Hofman has talked with Eric Von Victor regarding the advancing seriousness of the situation. The dog appears to have real problems at times and she further stated that in the future she cannot assure Council that the dog will not inflict further injuries. Where the dog is being housed is a high density neighborhood and as a result she stated that she had made requirements of the Von Victors that they keep the dog totally enclosed in a kennel when it is kept outside of the house, keep him on a leash and muzzled when in public and carry liability insurance. Ms. Hofman stated that in each case of the bites the medical expenses of the victims have not been met by the Von Victors nor have they been offered. She concluded that in such a serious case she felt that she had no other option but to recommend that the dog be destroyed. Mayor Washburn stated that this type of item has never been before Council and that it is not an easy issue. Mrs. Von Victor stated that her dog is very good with her children and she cares a great deal about him and did try to comply with the conditions set by Ms. Hofman, but the insurance proved to be too costly. Mayor Washburn closed the Public Hearing at 8:02 p.m. Mayor Washburn questioned the staff report which addressed the fact that the dog was a risk to the Community and the area in which the animal lives is high density. He further called for clarification in regard to the Food and Drug Administration Code. City Attorney Harper clarified that under the Code, Council's action would be to order the dog impounded and destroyed. Councilman Starkey stated that if the conditions set by Ms. Hofman were followed that this item would not be before Council at this time and the animal would not continue to attempt to bite people. He further stated that he loved dogs, but that the citizens must be protected. Councilman Dominguez concurred with Councilman Starkey and further stated that Council will have to address this issue more and more with the population growth in the City. Councilman Buck agreed with the rest of Council and commented that it is only natural for a child to run from a big dog and if that causes the dog to attack then it would be his recommendatlon to take the dog away. Councilman Winkler stated that this is probably one of the most unpleasant chores that Council has had to deal with, but felt that staff's recommendation was the only option. Mayor Washburn commented that this issue greatly disturbed him and he would like to see the dog sent away, but based on the past circumstances he could see no other options. Councilman Starkey questioned how Mrs. Von Victor would feel C PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 if it were her children that were being chased and bitten by someone else's dog. Mayor Washburn stressed that they were given numerous opportunities to resolve this issue. Ms. Hofman stated that the last time the dog was quarantined the Von Victors were conditioned to have an enclosed kennel before the dog would be released. They borrowed an enclosed kennel from a neighbor and when the neighbor moved the kennel went with him. It was not until an incident created by the children letting the dog out of the house, when it chased a mother and her child that she became aware that they no longer had an enclosed kennel. Ms. Hofman further stated that she had previously approached the Von Victors in regard to letting her place the dog in a working place where the natural abilities of the dog could be used. Mr. Von Victor rejected this idea. She further stated that by Mr. Von Victors own admission he had released the dog from the shelter twice before. Ms. Hofman stated that with great reluctance she would recommend that City Council order the dog destroyed under the Food and Agriculture Code Section 31602. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF RECOMMENDATION TO DETERMINE THE VON VICTOR'S DOG TO BE VICIOUS AND NAVE THE ANIMAL DESTROYED ACCORDING TO FOOD AND AGRICULTURE CODE SECTION 31602. BUSINESS/DISCUSSION ITEMS 51. Temoorarv Activitv Reoort OA 91-11 _ Bun ee Fever Inc. & lan Manee. A request to extend the Bungee Jumping Operation approved by OA-91-8 Revised for an Additional 90 days. Located within Spyglass Ridge at the terminus of Main Street and Camino Del Norte adjacent to the Interstate 15 Freeway. City Manager Molendyk detailed this request for extension of permit, and advised that the operation has run smoothly thus far. He also advised that the access road has been improved and to the best of his knowledge no other problems or concerns exist. Alan Manee, representing Bungee Fever, Inc., commented that they have been treated very fairly in this new endeavor and appreciate the opportunity to operate in the City of Lake Elsinore. Councilman Buck commented on the dust factor and suggested use of a water truck or oil on the road to prevent this. Mr. Manee commented that they are planning for additional road improvements, but interim solutions are also being considered. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO APPROVE OA 91-11 SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Conditions of Anoroval _ Bunaee Jum°inq OA 91-11 No later than 15 days from the date of the final action on this case by the approval body or issuance of building permits, whichever occurs first, the applicant shall pay all fees required by the City for the processing of this case. PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 2. This extension shall be null and void if the consent of all the property owners whose property is used to extend the new access road from Camino Del Norte to the project site is not received by the Community Development Manager prior to September 27, 1991. Prior to the issuance of building permits and or the commencement of operations, whichever comes first, the applicant shall provide to the Director of Planning evidence that liability insurance for the proposed activity has been secured for the 90 days of operation and that the City is named as an additional insured party, as a required by the City Risk Manager. Prior to the issuance of building permits and or the commencement of operations, whichever comes first, the applicant shall secure temporary electrical permits from the Building Department for the inspection of all electrical equipment and arrange for a full on-site inspection. Prior to the issuance of building permits and or the commencement of operations, whichever comes first, the applicant shall provide proof to the Director of Planning that the following facilities will be provided on-site. * Two twenty (20) lb AB rated fire extinguishers. * A thirty (30) foot clear, bare to ground, fire break around the entire jumping/parking area. * A first Aid Station for emergency use. * A portable cellular phone for emergency communication. * Five (5) 30 gallon trash containers. * A separate restroom for each sex. 6. Prior to the placement of any temporary office trailer/structure, the applicant shall submit site, elevation, and floor plans to the.Director of Planning for review and appraval. 7. Prior to the commencement of operations, the applicant shall provide proof to the Director of Planning, that the applicant has met all County of Riverside Health Department requirements for food and beverage service. This Temporary Activity Permit shall be valid for a period not to exceed 90 consecutive days beginning September 28, 1991 and expiring on December 27, 1991. 9. Prior to commencement of operations, the applicant shall provide proof to the director of Planning, that all parking spaces have been cleared and chalked. All parking spaces shall be rechalked as needed, but no less than once a week. 10. All operations and activities shall take place during daylight hours commencing at 8:00 a.m. 11. Prior to the commencement of operations, the applicant shall post surety in the amount of two thousand dollars (E2,000) to ensure that the temporary trailer is removed from the site and the site is restored to the condition, previously existing. PAGE SEVENTEEN - GITY COUNCIL MINUTES - SEPTEMBER 24, 1991 12. Prior to the issuance of any building permit and or commencement of operations, whichever comes first, the applicant sha1T submit to the Director of Planning; documentation illustrating that the proposed activity will be adequately screened from all streets and the freeway. 13. The sale, possession and consumption of alcoholic beverages at this activity shall be prohibited for the duration of the 90 day period. The applicant shall take all reasonable precautions to enforce this condition. If the condition is not enforced the permit shal} be revoked. 14. Prior to the placement of any type of sign on-site advertising this activity, the applicant shall submit to the Director of Planning for review and approval plans indicating the size, materials and location of any proposed sign. 15. The applicant shall provide an individual waiver of liability in a form acceptable to the City Attorney. 16. No further extensions for this application shall be requested nor approved after the expiration of this permit. 17. A Conditional Use Permit (CUP) shall be required for any further operation of the Bungee Jumping activity beyond December 27, 1991. The applicant shall apply for the Conditional Use Permit and allow staff sufficient time to process the application. Failure to do so shall cause temporary and/or permanent closure of the activity. 52. S ecial Taxes for Public Safetv. City Manager Molendyk reported that expressed earlier, there has been a and Council to meet the public safe There is a need for more police and proposed study by BSI would analyze for the next ten (10) years. as Captain Reynolds tremendous effort by Staff ty needs of the Community. fire personnel and the the needs of the community Mr. Molendyk explained that the current level of service is twenty-nine percent of the General Fund budget and the proposal suggests that we carry twenty-five percent for future allocation out of the General Fund for fire and police protection. The proposed special assessment would make up the difference to maintain the necessary levels of service. Mr. Molendyk further explained that as the commercial development increases the need for the assessment would be reduced. He also explained that the authorization of a special tax to assist in providing police and fire protection requires an election and takes effect upon approval of a two-thirds majority of the voters. Mr. Molendyk commented that the report addresses police more than fire because there has not been a study session with the Fire Department to address future needs. Mr. Molendyk further stated that there will be a considerable increase in fire protection which will be needed with costs increasing accordingly. He explained that presently the City is being served by the County of Riverside and the California Division of Forestry and the costs are being taken care of by a County Wide Fire District, but as the Community grows the County tax will not be adequate to keep up with the level of service necessary to serve the City. PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 City Manager Molendyk detailed staff's recommendations. Mayor Washburn questioned the voting requirement in regard to the two-thirds figure. City Attorney Harper clarified that it was two-thirds of the votes cast. Mayor Washburn stated that with the growth of the Community and the need to control crime, it is the voter's responsibility to vote in the assistance to provide the increases in the necessary fire and police services. Mayor Washburn further stated that he realized that senior citizens may not be able to afford the assessment, but he suggested that it be addressed the same as the Lighting and Landscaping Assessment District. He stressed the need for the residents to support this issue and support the increase in police and fire protection services. It is the responsibility of the citizens and not the City Council alone. Councilman Dominguez advised that he would like to see what it would cost to have a City Police Department versus the County Sheriff's contract. Mayor Washburn stated that a cost study to compare services was done about a year ago and it was not feasible to have a City department. City Manager Molendyk clarified that this study deals with personnel costs only, not capital items. City Attorney Harper stated that it is important that there be a tax study to meet the election time line. How the money is spent can be determined during the development of the report. He further explained that the monies are not obligated to be spent on the Riverside County Sheriff's Department contract, but could be used for a City department. There was General Discussion by Council regarding City police Department vs. contract with the Sheriff's Department. Councilman Buck clarified that the money is not for the building of facilities, but rather the funds being discussed, are for personnel and limited equipment. Mr. Buck asked the City Attorney whether Redevelopment Agency funds could be used for police funding. City Manager Molendyk responded that Redevelopment Agency Funds are for Capital Improvement projects not for maintenance and operation, He further stated that the funds could be used for a financing mechanism such as for the initial construction of a facility. City Attorney Harper stated that some things can be justified as necessary to the facility, but the most important question is whether the funds are used for a Redevelopment Agency purpose or a General Fund purpose. Councilman Buck asked if tonight's direction could be to have the public vote on whether they want a City police department or just increa,ses to the police budget. City Attorney Harper clarified the proposed action, and explained that the City Council can at a later date include this question on the ballot. Councilman Winkler stated that this issue has already been decided by the voters and now addresses funding for the police protection. The study is to inform the public of what it will PAGE NINETEEN - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 cost to provide the necessary protection. He explained that five years ago there was a referendum brought before the voters and the question of whether they wanted their own police department was rejected and the issue of whether to pay for police was narrowly defeated. He stated that he wants to see this issue taken to the public without confusion for a clear decision to be made by the voters. Councilman Winkler commented that during his years as a Councilman and as Mayor law enforcement has been a high priority. He further commented that the constraints the City experiences are in the ability to spend for law enforcement even if the City eliminates all other spending, because the funds are not available. He also commented that it is up to the voting public to address this issue and if they really want improved police protection they should fight for it. Councilman Winkler stated that the City has had a consistent increase in police protection because we have had a greater commercial base. He stated that in the next five years he can see where the assessment may no longer be necessary, because of the future commercial growth which will broaden the tax base and eliminate the need for the assessment but, at this time there is a need for increased police protection now. Mayor Washburn explained that even if the City stopped the 4th of July events and other City activities the funds available would not even provide for one full officer. Councilman Dominguez advised that he realizes that there have been studies in the past, but he is addressing the problem right now and he feels that it is time to address the local police issue based on the needs of the community. Mayor Washburn stated that he is trying to separate the two issues and the engine that drives funding police officers is money and this is a vehicle which would generate capital beyond what the General Fund is providing at this time. This assessment would be utilized to create more protection and security. Mayor Washburn further stated that if this issue did not need to go to the public for a vote he would vote the assessment in right now because of the need, but it must go to the voters. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 1 WITH DOMINGUEZ CASTING TNE DISSENTING VOTE TO CONCUR THAT THE SPECIAL TAX FOR POLICE SERVICE IS NECESSARY AND CONCUR WITH THE APRIL, 199Z ELECTION TIME FRAME; AUTHORIZE THE CITY MANAGER TO EXECUTE PROPOSAL WITH BSI TO PROVIDE SPECIAL TAX CALCULATIONS OF TOTAL COSTS; REQUEST ESTABLISHMENT OF STUDY SESSION FOR FIRE SERVICES AND AUTHORIZE APPROPRIATE BUDGET AMENDMENTS. 53. Ordinance No. 926 - First Readina. Relating to City Parks & Beaches - Rules and Regulations. City Manager Molendyk explained that this is a revisi.on of some of the exiting park rules, as requested by citizens who have noticed disturbances at some of our local beaches. Councilman Dominguez questioned item C. under Section Three and requested the item be amended to read "No Dogs Allowed". This would be for the benefit of public safety and welfare. He further requested that there be item J. stating "Fishing Allowed in Designated Areas Only". Mayor Washburn questioned the banning of dogs completely. PAGE TWENTY - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 Councilman Dominguez suggested that LEAF could be the enforcement agency to keep dogs from City Parks and beaches. Mayor Washburn stated that he does exercise his dog and he feels that if he wants to go through the parks he should be permitted to do so and would not like to see dogs banned from the parks and beaches. Mayor Washburn further stated that the clean up should be up to the owner. He would have no objections to.dogs being limited to certain areas. Councilman Starkey commented that most people don't clean up after their dogs and keep them under control. City Manager Molendyk stated that there have been incidences where there have been biting victims, and in some beach areas there are "No Dogs Allowed". Community Services Director Watenpaugh offered to pursue the enforcement issue in parks with L.E.A.F. MOVED BY OOMINGUEZ TO APPROVE ORDINANCE N0. 926 WITH SECTION THREE "C" AMENDED TO READ'"NO DOGS ALLOWED" AND AN ADDITIONAL SECTION "J" TO READ "fISHING ALLOWED IN DESIGNATED AREAS ONLY". MOTION DIED FOR LACK OF A SECOND. MOVED BY WASHBURN, SECONDED BY WINKLER TO ADOPT ORDINANCE N0. 926 WITH THE ADDITION OF ITEM "J" WHICH WILL READ "FISHING ALLOWED IN DESIGNATED AREAS ONLY": ORDINANCE N0. 926 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 8.40.010 AND ADDING SECTION 8.40.040 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE CLOSURE TIMES AND RULES AND REGULATIONS FOR CITY PARKS AND BEACHES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Mayor Pro Tem Starkey inquired of Public Services Director Tecca whether the proposed grading on Le Gaye Street would alleviate prior concerns with runoff into Huntsman Mobile Home Park. Mr. Tecca commented on all of the storm drain work proceeding in this area and expressed hope that it would be complete before it is really needed. Mayor Pro Tem Starkey also commented on the United Way Walk-a-Thon which went from four walkers last year to 29 this year with 11 walking around the lake and the balance walking in lakepoint Park. This event collected approximately $1,500. He also reminded the public of the United Way Telethon on Saturday, September 28, 1991. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - SEPTEMBER 24, 1991 Mayor Washburn congratulated the participants on the success of the walk-a-thon and emphasized the work of the Telethon. City Manager Molendyk advised that the "hotline" numbers regarding the serial killings are (714) 674-7651 OR 1-800-950-2444. Mayor Washburn commented on the potential for a wet winter and requested that staff pursue the clean-up of the Outflow Channel. City Attorney Harper advised that he met with the Mayor and D.B.A. representatives and will be bringing an ordinance for the next - meeting regarding dissolution of the Business Improvement District. THE CITY COUNCIL MEETING WAS RECESSED AT 9:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:28 P.M. LLOSED SESSION THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 9:28 P.M. TO DISCUSS PENDING LITIGATION WITH LAKE ELSINORE ASSOCIATES AND WITH EVMWD. THE CITY COUNCIL RECONVENED AT 11:20 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY BUCK, SECONDED BY OOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETIN6 AT 11:21 P.M. ~ ~~~~ GARY ASHBURN, MAYOR CITY LAKE ELSINORE CLERK CITY OF LAKE ELSINORE