Loading...
HomeMy WebLinkAbout02-09-1988 City Council Minutes 120 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 9, 1988 ****************************************************************** CALL TO ORDER - The Regular Meeting of the City Council was called to order by Mayor Strigotte at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Gilbert, City Attorney Harper, Administrative Services- Director Barrick, Community Development Director Miller, Assistant to the city Manager Rogers, Assistant City Engineer O'DQnne11 and City Clerk Kasad. PUBLIC COMMENTS 1. Gary Arnold, 709 Bradford, Placentia, commented on the Brown Act and what he felt were near violations of that act at prior meetings ,of this Council. 2. Patricia Lovitt, 111 W. Graham, commented on the L.E.A.F. organization's efforts and encouraged Council support of their proposal to provide animal control services. - 3. Hilda Barnhart, representing the Golden Spectrum organization, presented an addendum to the Memorandum of Understanding, relating to hold harmless requirements, for consideration under business items this evening. CEREMONIALS/PRESENTATIONS None. CONSENT CALENDAR Mayor Strigotte pulled Item #17a and advised that it had been listed prematurely and would be brought back at a later date. MOVED BY WINKLER, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. January 26, 1988 - Regular City Council Meeting. The following Minutes were received and filed: b. January 5, 1988 - Planning Commission Meeting. - c. January 19, 1988 - Planning Commission Meeting. ~ ~ c..o '" w en <( ,-..., - 121 Page Two - city council Minutes - February 9, 1988 2. Received and filed Animal Control Activity Report for January, 1988. 3. Received and filed Building Activity Report for January, 1988. Received and filed structure Abatement Activity Report for January, 1988. 5. Ratified Warrant List for January, 1988. 4. 6. Rejected and referred to the City's Insurance Carrier the Claim submitted by Roxanne Lemon. 7. Rejected and referred to the City's Insurance Carrier the Claim submitted by Sean Mark Deon DeCosta. 8. Rejected and referred to the City's Insurance Carrier the Claim submitted by Randall Paul Gray. 9. Received and filed the 1986-87 city of Lake Elsinore Annual Comprehensive Financial Report. 10. Approved Supplemental Agreement for the use of Community Development Block Grant Funds (LEPAC), and authorized the Mayor to execute the agreement and authorized staff to support rapid implementation of this program. 11. Awarded Contract for city Park Concession Stand Improvements to Temaran Incorporated in the amount of $10,740.00, and authorized the Mayor to execute the Contract. 12. Approved Final Tract Map 19344, accept Subdivision Agreement and Park Agreement, accept dedication of Roads and Parklands but reject maintenance of Parkland until improved, and authorized execution of appropriate documentation. 13. Accepted Quitclaim Deed for Water Rights Commercial Project 87-8 from Lytle Creek Partners. 14. Accepted Quitclaim Deed for Water Rights for Single Family Residence at 21060 Malaga from Charlotte Shapcott. 15. Accepted Quitclaim Deed for Water Rights in Tract 15020 Phase 2 and 3 from Bryant Financial Corporation. 16. Accepted Quitclaim Deed for Water Rights in Residential Project 87-3 from Rodney & Pam Pence. 17. Approved date of February 23, 1988 for public hearing of: a'. RESCHEDULED. b. Specific Plan 87-1 = Jordan Architects, Inc. (Brian Weeiss) A proposal to amend the existing General Plan designation of Low Density Residential and existing Zoning District of "R-l" Single-Family Residential to Specific Plan Area on approximately seven (7) acres to allow professional office land uses which conform to specific design criteria. c. Recovery of expenditures for the demolition of the structure condemned and razing completed on February 4, 1988 at 20701 Cereal Street. 122 Page Three - City Council Minutes - February 9, 1988 PUBLIC HEARINGS 31. Zone Change 87-10 - Camelot Property Counselors, Inc. A request to change the zoning designation from C-l (Neighborhood Commercial) to C-2 (General Commercial) on 17.69 acres located at the northeast corner of Mission Trail and Malaga Road with a portion abutting Casino (Vista Del Lago) Drive. Ordinance No. 829. Community Development Director Miller advised that this Zone Change was being requested in connection with Commercial Project 87-13 for the new K-Mart. .... The City Clerk reported no written comments or protests. Mayor Strigotte opened the public hearing at 7:08 p.m. and asked those in support of the proposed Zone Change to speak. Leonard O'Byrne, President of Camelot Property Counselors, Inc., advised that they are in concurrence with all findings and conditions suggested by staff. Mayor Strigotte asked those in opposition to speak. Harv Dykstra, 21700 Cedar Street, Wildomar, read the following letter into the record: City of Lake Elsinore: Regarding Zone Change 87-10 (Camelot Property Counselors) . As a nearby property owner, I am very supportive of the proposed K-Mart project at the Mission Trail and Malaga Road location. However, I hope some potential problems can be mitigated by the developer, through the assistance of the City of Lake Elsinore. ..- First, such a project will create a great deal of auto, truck, and pedestrian traffic in the neighborhood. I am sure the city has accounted for this in the design of Mission Trail, but I am concerned with the conditions on Malaga Road and Casino Drive. For adequate safety, I believe both Malaga Road and Casino Drive need to be widened and provided with sidewalks and crosswalks. Second, the adjoining neighborhood, from Mission Trail to the freeway, while not presently within the city limits, is within the city's sphere of influence and as such, has been zoned on the city's General Plan for medium density residential. A project such as the K-Mart shopping center will undoubtedly create pressure toward development of this adjacent area. The area is presently without sewer service and has been noted for a high degree of leach field failures. I would hope the city could instigate the extension of sewer lines into the area so that quality development can take place. Without sewer service, I am afraid that such a highly visible area would be the site of more and more used mobile homes and other low quality housing. ..- Third, as you are aware, the Sahara Dunes Casino is presently situated on the same property as the proposed K-Mart shopping center. The Sahara Dunes, being a large development in and of itself, is surprisingly not hooked up to sewer service. Large pumping trucks clean out their ,-- ~ w ~ w m ~ ~ ~ 123 Page Four - city council Minutes - February 9, 1988 tanks two, three, or more times per day. I don't believe this is appropriate or safe in the parking lot of a large urban-type shopping center. In as much as the property is owned by the same person, I would hope the city could see fit to require the connection of the Sahara Dunes to sewer service. Thank you, Harv Dykstra Ron Ferrier, 32206 Lakeview Terrace, expressed concern with regard to traffic circulation and traffic safety and requested that Council be sure that these are mitigated prior to approval. Nick Notas, representing the Casino advised that they have no problems with the planned K-Mart development. Gladys Baldwin, resident at Valley View/Olive, further expressed concerns with the traffic safety in the area of the proposed development and requested careful consideration by Council. Mayor Strigotte closed the public hearing at 7:14 p.m. Community Development Director Miller advised that a traffic study had been completed in connection with this project and a number of requirements, such as a new traffic signal, medians and ingress and egress improvement were added to the commercial project to mitigate potential proplems. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 87-38, ADOPT FINDINGS LISTED BELOW: Findinqs 1. The proposed change of zone would expand the amount of C-2 (General Commercial) land in the area providing a greater variety of permitted land uses which is not considered to be detrimental to the health, safety, comfort, and/or general welfare of the Community. The Zone Change will not be injurious to property and/ or improvements in the immediate area or within the city. 2. The expansion of this C-2 (General Commercial) zoning District, upon the subject property is consistent with the General Plan for the site. APPROVE ZONE CHANGE 87-10/ AND ADOPT ORDINANCE NO. 829. ORDINANCE NO. 829 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 17.69 ACRES LOCATED AT THE NORTHEAST CORNER OF MALAGA ROAD AND MISSION TRAIL FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 87-10 - CAMELOT PROPERTY COUNSELORS, INC.) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NONE NOES: COUNCILMEMBERS: 124 Page Five - City Council Minutes - February 9, 1988 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Recovery of Expenditures for the Demolition of 780 Lakeshore Drive. Community Development Director Miller advised that this is a required step to be able to assess the property owner for the costs incurred by the City. ..- The City Clerk reported no written protests or comments. Mayor Strigotte opened the public hearing at 7:19 p.m. asking those interested in this project to speak. Bob Powers, representing the property owner, advised that the owner, Mr. Tobin was sick and requested that this item be continued until he could be present. ,Mayor Strigotte closed the public hearing at 7:20 p.m. Councilman Matson suggested that the applicant contact the City Attorney for possible resolution of the matter. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH VERMILLION CASTING THE DISSENTING VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL PERTINENT COSTS AND INTEREST ACCRUED THEREON. BUSINESS/DISCUSSION ITEMS 51. Commercial Project 87-13 - Camelot Property Counselors, Inc. ... Request to approve development of a 156,000 square foot commercial shopping center on approximately 20 acres, located at the northeast corner of Malaga Road and Mission Trail with a portion of the site abutting Casino Drive (Vista Del Lago), in the C-2 (General Commercial) Zoning District. Community Development Director Miller advised that this Commercial Project was tied in with the Zone Change approved earlier this evening. He detailed the sidewalk and street improvements which would be required of applicant. Councilman Matson advised that he felt this was a good project and that the concerns expressed by the public had been throughly addressed. Mayor Strigotte questioned Condition #68 with regard to the required median, he wanted to be assured that this would be a landscaped median; and Condition #63 with regard to wording. Community Development Director Miller advised that this would be a landscaped median similar to the new one on Railroad Canyon Road: and Condition #63's wording had been taken directly from the Resolution. Councilman Vermillion questioned th~ required three exits and if they would have turning restrictions. Community Development Director Miller advised that the main entrance/ exit would have full ingress and egress availability, however, the other two would be restricted to right turn only access. . ... "..... ~ c.o ~ w CD <! - - 125 Page six - City Council Minutes - February 9, 1988 Councilman Dominguez suggested that the word "landscaped" to Condition #68 to assure that the medians would be landscaped. He further suggested that residents in the area contact their county supervisors to request that traffic circulation in the County portion of this area be studied for improvement. MOVED BY MATSON, SECONDED BY VERMILLION AND CARRIED BY UNANIMOUS VOTE TO AFFIRM NEGATIVE DECLARATION 87-10, ADOPT THE FINDINGS LISTED BELOW: Findinqs 1. Subject to the attached conditions, the proposed project is not expected to result in any significant adverse environmental impact. 2. The project, as approved, complies with the Goals and Objectives of the General Plan and the General Commercial Zoning District. 3. The project, as approved, complies with the design directives contained in section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the property in accordance with the Objectives of Chapter 17.82.060 and the General Commercial Zoning District. AND APPROVED COMMERCIAL PROJECT 87-13 SUBJECT TO THE FOLLOWING CONDITIONS. Conditions 1. Approval of Commercial Project 87-13 is subject to approval of Zone Change 87-10. 2. Design Review approval for K-Mart will lapse and be void unless Building Permits are issued within one (1) year from the date of City Council approval. 3. All conditions of approval, except as modified herein, shall be fully implemented within the project design in all phases and/or strictly adhered to. 4. The project shall be constructed in substantial conformance with submitted revised development Plans date stamped January 4, 1988, except as modified by conditions herein. 5. All required off-site improvements, including street lighting, shall be completed in accordance with improvement plans approved by the City Engineer prior to release of utilities and issuance of Certificate of Occupancy. 6. Applicant shall comply with all applicable City Codes and Ordinances. 7. Applicant shall comply with City Noise and Grading Standards during construction phases of development. 8. Plot plan approval is granted for Phase, I. Phase II is 126 Page Seven - City Council Minutes - February 9, 1988 shown in concept only and shall be subject to full design review approval with regard to building elevations, floor plans, site and grading plans, and parking. All aspects of Phase III shall require additional Design Review once a design concept is proposed. 9. Free-standing buildings, "B", "C", "D", of Phase I shall require Design Review approval of the elevations and specific site plans. - 10. Applicant shall record a parcel map that is consistent with the phasing plans of the center. 11. The project shall connect to sewer. 12. Trash enclosures shall be constructed per City Standards as approved by the Community Development Director. 13. Applicant shall paint the curb red and shall stripe a Class II bikeway to Cal Trans standards along Mission Trail to the satisfaction of the City Engineer. 14. Bicycle racks shall be provided adjacent to major commercial uses and fast food restaurants. Placement, design and quantity shall be indicated on the final Landscaping Plan, and subject to the approval of the Director of Community Development. 15. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. - 16. All exterior lighting sources shall be shielded and directed on-site so as to not create glare onto neighboring property and streets, or allow illumination above the horizontal plane of the fixture. Except for minimumally required security lighting, all exterior lighting shall be placed upon timers such that these lights turn off and remain off one (1) hour after closing to the following evening. This shall include building and parking lot lighting systems. 17. No outdoor storage shall be allowed for any tenant, unless completely screened with solid screening from public view to the satisfaction of the Community Development Director. 18. All remaining buildings within the center shall incorporate similar or compatible architectural treatment as indicated upon the K-Mart structure. - 19. All loading doors, and trash compactors shall be screened from adjacent properties or streets. This screening shall include a combination of decorative block walls and landscaping subject to review and 127 Page Eight - City Council Minutes - February 9, 1988 approval of the Community Development Director or his designee. Proposed restaurant uses shall comply with the parking standards provided in Title 17, and provide a parking analysis for the entire center to determine parking compliance. 21. Construction generated dust and erosion shall be contained in accordance with the provisions of the Municipal Code and using best construction practices. Interim erosion control measures shall be taken 30 days after rough grading, as approved by the Chief Building Officials. 20. - 22. ~ CD 23. " W aJ 24. c:x: 25. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat manner at all times. On-site surface water run-off shall not cross the sidewalks. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. Drainage from the garden center shall not flow directly into the storm drain system, this shall be to the satisfaction of the Chief Building Official and the City Engineer. - 26. The toe of any slope shall not be within two-feet (2') of any property line. 27. Surface drainage from Phase III shall be diverted to down drains and not sheer flow over the slope behind Phase I. 28. Any proposed metal mailboxes shall be treated to blend with the center's design theme. A detail shall be included in the building plans, subject to the approval of the Postal Service and the Director of Community Development. 29. Meet all State handicap requirements. Relocate one (1) handicap stall from building "B" to the front parking area of K-Mart. 30. Parking stalls shall be double-striped with four-inch (4") lines two-feet (2') apart. 31. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 32. The parking stalls provided to the rear of K-Mart shall contain at least 50% standard size parking stalls. These stalls should be designated form employee parking, and commitment for security lighting in the employee parking lot shall be provided to the satisfaction of the Community Development Director. - 33. All compact parking spaces shall be clearly marked "compact cars only". 34. All internal intersections shall have painted stop signage on the asphalt and to meet the satisfaction of the Community Development Director. 128 Page Nine - City Council Minutes - February 9, 1988 35. Brick pavers or decorative paving other than Bomanite shall be incorporated at the drive aisle for pedestrian crossing at the entrance of the K-Mart to the satisfaction of the Community Development Director. 36. All ingress/egress drives shall provide decorative pavers or stamped concrete. The northern most driveway on Mission Trail shall be reduced to one lane ingress and one lane egress. A center landscape median shall be provided between the lanes of all driveways on Mission Trail. - 37. All landscaping and irrigation shall be installed within the affected portion of any phase at the time a Certificate of Occupancy is requested for any building. 38. Applicant shall submit a Final Landscape Plan that includes planting and irrigation specifications in addition to the following items, to be approved by the City's Consulting Landscape Architect and the Community Development Director or his designee. a) Temporary turf or groundcover and irrigation shall be installed on all vacant building pads not under construction within 30 days after final grading. b) The Final Landscape Plan shall include screening of all transformers, backflow or metering devices and other ground mounted equipment. c) All planting areas shall be separated from paved areas with a six-inch (6") high concrete curb. d) Planting within fifteen-feet (15') of ingress/egress points shall be no higher than thirty-six inches .. (36"). e) Interior planter island shall be five-feet (5') wide and at least ten-feet (10') long and planted with an appropriate parking lot shade tree to provide a tree for every ten (10) stalls on each row. Irrigation and ground cover shall be provided. f) Provide for twenty-four-inch (24") box trees adjacent to the K-Mart building. Applicant shall provide proof on the Building Plans that the building footing will not interfere with such plantings. h) All cut or fill slopes in excess of three-feet (3') shall be planted and automatically irrigated as follows: 1. 100% coverage with a ground cover of a permanent variety. 2. 40% coverage or 25 shrubs per 1,000 square feet which ever is greater; 70% to be one (1) gallon in size, the remaining five (5) gallon. ... 3. Two (2) trees per 1,000 square feet or one (1) tree per 30 lineal feet, which ever is greater; 75% to be five (5) gallon in size, the remaining fifteen (15) gallon. 4. On the south elevation replace the slower growing trees, such as Crepe Myrtle, with faster - ~ (0 'ri W CD <t - - 129 Page Ten - City Council Minutes - February 9, 1988 growing trees such as Canary Island Pine. 39. Splitface block shall be used at the front elevation of K-Mart and as the pillar element of the garden center, also the south elevation as depicted on the exhibit. 40. All roof mounted equipment shall be at least six-inches (6") lower than the parapet wall or top of equipment well and shall be painted to match the building. Freeway visibility of roof top equipment will be addressed to the satisfaction of the Community Development Director. Evidence of compliance shall be included in building plans. 41. Materials and colors depicted on the materials board, date stamped 12-10-87, shall be used unless modified by the Community Development Director. 42. No exterior roof ladders shall be permitted. 43. All exterior downspouts shall be painted to match the building, and shall be channeled under the sidewalks. 44. At the time of grading operations, the construction and landscape superintendent(s) shall meet with city staff to review conditions and discuss inspection and final building release procedures. 45. Meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to EVMWD and shall incorporate all district conditions and standards. 46. Meet all requirements of the Riverside County Health Department. COUNTY FIRE DEPARTMENT CONDITIONS 47. Meet all requirements of the Riverside County Fire Department: a) The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance No. 546. b) Provide or show there exists a water system capable of delivering 6500 GPM for a 3 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site. c) A combination of on-site and off-site super fire hydrants, on a looped system (6"X4"x2-1/2x2-1/2), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. d) Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/ approved by a registered civil engineer and the 130 Page Eleven - City Council Minutes - February 9, 1988 local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. e) Comply with title 19 of the California Administrative Code. f) Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. .... g) Certain designated areas will be required to be maintained as fire lanes. h) Install portable fire extinguishers with a m1n1mum rating of 2A-IOBC. Contact certified extinguisher company for proper placement of equipment. i) Install a complete fire sprinkler system in all buildings 12,000 square foot or larger. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. j) Install a supervised waterflow fire alarm system as required by the Uniform Building Code. k) Applicant/developer shall be responsible to provide or show there exists conditions set forth by the Fire Department. 1) Final conditions will be addressed when building plans are reviewed in Building and Safety. .... Enqineering Department Conditions 48. Dedicate underground water rights to the City prior to issuance of building permit, document can be obtained in the Engineering Department. 49. Sign agreement and cooperate with the City in forming a Lighting and Landscaping District (Resolution 86-26, 86-27, 86-36); document can be obtained in the Engineering Department. 50. Hydrology and hydraulics study shall be submitted to the Engineering Department for review and approval. 51. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2 xlI" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 52. Submit a letter of verification to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to applying for encroachment permit. 53. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 54. Work done under encroachment permit for off-site improvements shall be delineated on street improvement .... ~ ~ w ~ w m ~ ~ ~ 131 Page Twelve - City Council Minutes - February 9, 1988 plans and be approved and signed by the City Engineer prior to issuance of grading permit. 55. Public Works Improvement plans and specifications shall be prepared by a civil engineer and include signing and striping plans and must be approved before issuance of grading permit. 56. Post required bonds for public works improvements as established by the City Engineer. 57. Meet all requirements of Chapter 12.08 of the Municipal Code regarding encroachment permits. 58. Meet all requirements of Chapter 16.34 of the Municipal Code regarding public improvements for buildings and subdivisions. 59. Meet all requirements of Chapter 15.72 of the Municipal Code regarding grading. 60. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 61. Meet all requirements of Resolution No. 77-39 regarding capital improvement fees and engineering plan check fees for other than subdivisions, Chapter 13.20 and 16.56. 62. Meet all requirements of Resolution No. 83-12 regarding installation of improvements as a condition of building permits. 63. Pay all pUblic safety fees for land use projects subject to discretionary approval (Resolution 83-87). 64. Coordinate with T & S Development Company in the installation and upgrade of the traffic signal on Mission Trail, including contributing for costs of upgrading. 65. Southern and northern driveway's ingress/egress on Mission Trail shall be limited to right-turn in and right-turn out only. Applicant shall install additional exit land at the signal main driveway to the center. 66. Accept and provide for drainage from culverts under Casino Drive on-site. 67. Acquire slope easements upon abutting property necessary for construction subject to approval of City Engineer. 68. Design and construct a landscaped median on Mission Trail along property frontage subject to approval of the City Engineer prior to completion of the first building. 69. Install a catch basin" and street improvements on Malaga Road prior to completion of the first building at Phase II. 70. Design a traffic signal at Mission Trail and Malaga Road and transition alignments on Mission Trail south of Malaga Road at Phase I, subject to approval of the City Engineer. contribute 50% of construction cost for the traffic signal prior to completion of the first building, Phase II. 132 Page Thirteen - City Council Minutes - February 9, 1988 71. Construct full street improvements along Mission Trail, prior to completion of the first building in Phase I. 72. Construct all street improvements on Casino Drive, prior to completion of the first building in Phase III. 73. Check and verify that the existing thirty-six inch (36") corrugated metal pipe crossing Mission Trail has capacity for K-Mart site drainage. If not, additional drainage system will need to be installed subject to City Engineer approval. Verify that twenty-four inch (24") storm drain pipe in Mission Trail at Malaga Road is outleting at approved location, and that drainage is accepted and provided for by downstream property owners. .... 74. Provide bus stop facility on Mission Trail to be approved by Lake Elsinore Transit System (L.E.T.S.) and the City Engineer. 75. Contribute $50,000 deposit toward widening of San Jacinto River Bridge at Lakeshore Drive, if bridge is funded from another source at time of building permit issuance, deposit will be refunded. 76. The applicant shall cause to be recorded an irrevocable reciprocal parking, circulation and landscape maintenance easement in favor of all lots, subject to the approval of the Director of Community Development. In addition, CC & R's shall be approved by the City Attorney and Director of Community Development which enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. .... 77. There should be some sort of provision for pedestrian access from the Casino/Hotel to the project site, provided access agreement can be obtained, if not this can be waived by the Community Development Director. 78. If reciprocal access can be obtained from the Stater Brothers Shopping Center then that shall be provided, but if not it can be waived by the Community Development Director. 52. General Plan Land Use and Circulation Element Revisions _ Schedulinq of Workshops and Hearinqs. Alan Manee, Consultant, advised that this is only a tentative schedule and based on various factors it could change. Council discussion centered on the last meeting date for the current Council and the need to complete all proceedings with either the old Councilor the new Council, not half and half. Councilman Winkler suggested the Council approve the schedule for the Committee meetings, the workshops and Planning Commission hearings and then return to Council for direction once the ultimate schedule is determined. Council concurred. .... 53. Review of Gradinq Plan for Jim Maqill = Property located at Iowa Street and Lakeshore Drive in g C-l Zone. Community Development Director Miller advised that this item - ~ to ~ W CD <I: - - 133 Page Fourteen - City Council Minutes - February 9, 1988 is being considered by Council because if falls in the Lakeshore Overlay Area and requires Council direction. He further advised that this request is to use fill dirt to raise the level of the property and includes no proposal for development. Mr. James Magill, 23221 Continental, Canyon Lake, detailed the prior considerations on this request by the City Council, as well as his hope to build a real estate office and possibly an office building. He then detailed this request which would be for allowance to build a retaining wall and back fill to obtain the minimum 100 year flood level. Community Development Director Miller commented on the prior Council policy which allowed back fill in this area to utilize only dirt which is already located in the floodplain area, which is not the intention of Mr. Magill. He further advised of F.E.M.A. guidelines which require an engineering study to determine the final impact on the flood elevation of the Lake. Mr. Magill advised that he is not planning on obtaining fill dirt from within the floodplain area, because there is none available without lowering the level of someone else's property. Council discussion related to F.E.M.A. guidelines, applicability of Mr. Magill's plan to the future plans, and the ultimate impact of this type of project on the future Lake Management Plan. Councilman Matson expressed the need for strict regulations for this type of request and suggested that staff bring more detailed information back to Council so they can establish a policy for making decisions of this type can be made based on sufficient information. MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DENY THE REQUEST OF MR. MAGILL WITHOUT PREJUDICE, PURSUANT TO THE FINDINGS LISTED BELOW; AND DIRECT STAFF TO RETURN WITH MORE DETAILED INFORMATION FOR USE IN ESTABLISHING A DECIDING POLICY. Findinqs 1. A structure may be permitted on the subject parcel without the placement of fill material on the site subject to compliance with appropriate Codes and City Council approval. 2. Placement of fill on the subject parcel has cumulative and incremental impacts which could contribute to an increase in flood levels around the lake. 3. No specific building or use of the property is being proposed at this time and use of the property consistent with appropriate Codes is permitted subject to required reviews and approvals. BUSINESS ITEMS 54. Senior Activities (Golden Spectrum). Assistant City Manager Gilbert advised that staff, the office on aging and the Golden Spectrum representatives have been working to establish a plan for managing senior programs. He further advised that this M.O.U. would provide 134 Page Fifteen - City Council Minutes - February 9, 1988 a starting point for this effort. He further advised that the addendum presented by Hilda Barnhart added a provision for a hold harmless clause. City Attorney Harper commented that this was just an informational item to obtain Council direction and the clause highlighted by the addendum would be included in a final contract when it has been completely worked out. Councilman Matson questioned some of the wording in the M.O.U. requested clarification particularly with respect to the scheduling and use of the facility. - Hilda Barnhart, representing Golden Spectrum, commented on the organizations willingness to work with the City to consolidate all Senior Citizen's Programs into one. She clarified that the scheduling mentioned only related to Senior programs and had nothing to do with the scheduling for the Community Center. Council concurred to return this item to staff for resolution of the concerns mentioned. 55. Ordinance No. 826 = Second Readinq. Relating to Adoption of the County Fire Protection Ordinance. ORDINANCE NO. 826 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING BY REFERENCE THE RIVERSIDE COUNTY FIRE PROTECTION ORDINANCE 546 AND ADDING TO CHAPTER 15.42 OF THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE FIRE CODE. - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 56. Ordinance No. 827 = Second Readinq. Relating to Standards for Gasoline Dispensing Establishments. ORDINANCE NO. 827 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.38.090 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO STANDARDS FOR GASOLINE DISPENSING ESTABLISHMENTS. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - ~ (.D rf W CD <( - - . 135 Page sixteen - city council Minutes - February 9, 1988 CITY MANAGER COMMENTS City Manger Molendyk advised that there would be a Town Hall Meeting on February 24, 1988 at 7:00 p.m. for discussion relating to the Trial Special Assessment District approved by Council at the January 12 City council Meeting. CITY COUNCIL COMMENTS Mayor Strigotte questioned when the Mission Trail traffic signal in front of T & S Development's Shopping Center. Assistant City Engineer O'Donnell advised that there were some difficulties in obtaining the necessary equipment for the signal. City Manager Molendyk suggested that staff provide an update at the next meeting. CLOSED SESSION None. ADJOURNMENT MOVED BY MATSON, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:09 P.M. A'\TES'1' : 0~~;~~. ~ ~ . VICKI LYN KASAD, CI~ CLERK CITY OF E ELSINORE