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HomeMy WebLinkAbout04-23-1985 City Council Minutes MINUTES 233 REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY. APRIL 23. 1985 * * * * * * * * * * *'* * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER ~ The regular meeting of the City Council was called to order by Mayor Valenzuela at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Vermillion o o M W m ~ ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: KNIGHT, MATSON. STRIGOTTE, VERMILLION, VALENZUELA NONE Also present were: City Manager Molendyk, Assistant City Manager Norton, City Attorney Harper. City Engineer Cu1p, Community Development Director Corcoran, Finance Director Barrick. Personnel Director Schoolcraft, RDA Administrator Modesti and City Clerk Money. PUBLIC COMMENTS 1. Don Burnell, Corydon Road, Lake Elsinore, suggested the city consider color-coding park signs. 2. Robert Green, 18044 Lakeshore Drive, Lake Elsinore, commented on the Lakeshore --- Overlay Ordinance which requires persons, even family members, using 1akeshore property, to be accompanied by the property owner. He suggested the ordinance be amended to allow property owners to list other persons entitled to use the property, with proper identification. CEREMONIALS A. Proclamation - 'Private Property Week' Mayor Valenzuela read a proclmation declaring the week of April 28 through May 4, 1985 as 'Private Property Week' in the City of Lake Elsinore and presented the proclamation to Rick Estes, President of the Lake Elsinore Valley Board of Realtors. B. Certificate of Appreciation - Lake Elsinore Sportsman Association. Inc. Ron Bryning, Commander of the Neighborhood Watch Patrol, accepted a check for one-thousand dollars ($1,000) from the Association, which was donated for use by the Neighborhood Watch Patrol and Disaster Preparedness. Mr. Bryning presented a Certificate of Appreciation to Ron Gearhart and Ken Norton, representing the Lake Elsinore Sportsman Association. CONSENT CALENDAR --- The following items were removed from the Consent Calendar for further considera- tion and discussion: Item Numbers 4. 6 and 17 were moved to the Business Item portion of the agenda. Item Numbers 7, 10. 12 and 18. MOVED BY STRIGOTTE. SECONDED BY VERMILLION AND CARRIED TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes: a) Approved minutes of Council Study Session on March 6. 1985. b) Approved minutes of regular Council Meeting on April 9, 1985. 234 Page two City Council Minutes Apri 1 23, 1985 CONSENT CALENDAR - Continued. 2. Received and filed Animal Control Activity Report - Month of March, 1985. 3. Approved Resolution No. 85-24 - recommending location of correctional facility in the Blythe area. RESOLUTION NO. 85-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE STATE OF CALIFORNIA AND THE CALIFORNIA YOUTH AND CORRECTIONAL AGENCY THE LOCATION AND DEVELOPMENT OF A CORRECTIONAL FACILITY IN THE BLYTHE AREA. - 5. Approved allocation of Eighteen-Thousand-Eight-Hundred-Forty-Eight Dollars and Ninety-Six Cents ($18,848.96) from budgeted surplus for Disaster Pre- paredness. 8. Endorsed letter to Senator Robert Presley in support of Senate Bill 75 which eliminates joint liability for damages awarded to a plaintiff to cover losses that are not out-of-pocket, such as pain and suffering. 9. Approved Selection "A" as design of City entrance monument signs. 11. Approved request of the friends and family of Rudy Valenzuela to make improvements to the horshoe pits at City Park as a memorial to Mr. Valenzuela. 13. Accepted Public Improvements for Parcel Map Number 19335 and ten percent maintenance bond for one year period in the amount of Seven-Thousand-Seven Hundred-Eighty-Two Dollars and Twenty-Seven Cents ($7,782.27). Authorized the City Clerk to release the Irrevocable Letter of Credit No. 1004. 14. Received and filed progress report regarding standard agreement for deferral of public improvements. 15. Authorized the City Engineer to solicit formal bids for the construction of the Lincoln Street storm drain improvements from Lincoln Street to the Leach Canyon Channel and authorized the City Clerk to publish the notice inviting sealed bids. 16. Authorized staff to solicit for proposals for engineering services to develop a master plan of drainage for the downtown area. - 19. Approved Resolution Number 85-26 establishing fees for lot mergers. RESOLUTION NO. 85-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FIXING FILING FEES FOR TENTATIVE MAPS, FEES FOR FINAL CHECKING UNDER FINAL MAP AND FEES FOR IMPROVEMENT PLAN CHECKING AND INSPECTION CONSTRUCTION FEES AS PROVIDED FOR UNDER THE LAND DIVISION ORDINANCE, BEING ORDINANCE NUMBER 529. 20. Approved request for issuance of building permit to construct a 161 x 161 gazebo at 54 Elm Street, by Edith Stafford. 21. Approved Resolution Number 85-27 prohibiting parking on Graham Avenue for purposes of safety. _ RESOLUTION NO. 85-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROHIBITING PARKING ON GRAHAM AVENUE FOR PURPOSES OF SAFETY. 22. Approved request of the Downtown Business Association to submit application to join the Riverside County Credit Union. - o o (Y) w OJ <t - - Page three City Council Minutes Apri 1 23, 1985 235 CONSENT CALENDAR - Continued. 23. Rejected and referred Claim No. 85-7 - Hershell Aron. 24. Rejected and referred Claim No. 85-8 - Dennis Younger. 25. Rejected and referred Claim No. 85-9 - Robert Graybehl. 26. Approved the date of May 28, 1985 for public hearing of: a. Conditional Use Permit 85-3 b. Tentative Tract Map 20734. ITEMS REMOVED FROM CONSENT CALENDAR 7. Donation Request for IIDessert at Eight". At Councilman Knight's request, Pam Brinley explained that the 'Friends of the Park' is an organization consisting of youth and adults who support recreation in the community and are co-sponsoring the IIDessert at Eightll function this year. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE REQUEST AND AUTHORIZE DONATION OF SEVEN-HUNDRED-FIFTY DOLLARS ($750.00) TO \IFRIENDS OF THE PARKII IN SUPPORT OF THIS YEAR'S PRODUCTION OF IIDESSERT AT EIGHT\I. 10. Scheduling of City Park. Mr. Molendyk explained that the existing agreement with the Recreation and Park District authorizes the District to schedule all City parks with the exception of Main Street City Park. Staff recommends that City Park be added to the schedule of facilities which they will schedule. He also stated that the District would schedule the park and gazebo for special functions, on a non-exclusive basis, to be reviewed in one year. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE AMENDMENT TO EXHIBIT IIBII OF THE AGREEMENT WITH LAKE ELSINORE RECREATION AND PARK DISTRICT, TO INCLUDE SCHEDULING OF CITY PARK. 12. Proposal for the construction of prefabricated metal building and the re-sheathing of mechanic's building at City Yard. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO TABLE THIS ISSUE UNTIL THE MEETING OF MAY 14, 1985. AYES: MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: KNIGHT 18. Award of Contract for street construction services. MOVED BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO ACCEPT THE BID AND APPROVE AGREEMENT WITH G.J. PAYNE COMPANY, SUBJECT TO CITY ATTORNEY REVIEW AND APPROVAL,WITH THE MAYOR'S CONCURRENCE, FOR VARIOUS STREET CONSTRUCTION SERVICES. PUBLIC HEARINGS 31. Conditional Use Permit 85-1 - Proposal to convert an existing single- family residence into a pre-school day care center. Mr. Corcoran reported that the applicant, Michael Maltby, is proposing to locate the subject project approximately ninety feet north-westerly of Riverside Drive and Richard Street, to accommodate a total of forty-five (45) children. Planning Commission recommends approval of Conditional Use Permit 85-1 subject to forty-one (41) conditions with modifications. The City Clerk reported no written comments or protests. 236 Page four City Council Minutes Apri 1 23, 1985 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 85-1 - Continued. Mayor Valenzuela opened the public hearing at 7:28 p.m. asking those in favor of Conditional Use Permit 85-1 to speak. The following persons spoke: 1. Richard Murphy, 29362 Swan Avenue, Lake Elsinore, stated that this project was started over a year ago and has undergone several revisions. Applicant is willing to comply with all necessary conditions and he urged Council approve the project. 2. Patricia Maltby, owner and director of the pre-school, asked Council to approve the original conditions and for a three year period instead of one year. She stated that they have revised the parking area and en- larged the playground area. She asked that the curb, gutter and street improvement be deferred until the business is showing a profit. Mayor Valenzuela asked those in opposition to Conditional Use Permit 85-1 to speak. Hearing no one, the public hearing was closed at 7:34 p.m. Council discussed safety requirements such as left-turn pocket or a crash barracade to separate the school from Riverside Drive. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO APPROVE CONDITIONAL USE PERMIT 85-1, FOR A PERIOD OF THREE YEARS WITH ANNUAL REVIEW AND SUBJECT TO FORTY-ONE PLANNING COMtHSSION CONDITIONS AND RECOMt1ENDATIONS, AS FOLLOWS: 1. All access is to be taken off of Richard Street. The entrance on River- side Drive is to be gated with access restricted to service vehicles. 2. Approval shall be for a period of three (3) years with annual review. 3. All State and County requirements concerning open space, seating space and bathroom space for day care centers are to be met prior to occupancy. 4. All parking area is to be paved and striped. 5. All signs are to be approved by the Planning Division. 6. Issuance of a Negative Declaration. 7. Meet all County Health Department requirements. 8. Meet all County Fire Department requirements. 9. Meet all City codes and ordinances. 10. Applicant shall submit landscaping/irrigation plan and include play area. 11. All landscaping areas shall have permanent sprinkler and drip irrigation systems. 12. Eliminate the divider at the entrance on Richard Street. 13. Position parking stalls Nos. 4, 5 and 6 at 45 degree angles, and place a median (611 high curbs, landscaped) to the left of parking stall IIDII. 14. Erect a 6-foot high chain link fence across the center of the middle parcel. The front portion is to be used as a playground and the rear portion is to be used for circulation. Perimeter walls in the park area, shall contain wrought iron fencing, not to exceed six feet (61) in height. The wall area housing the play area shall be of a fencing to retard children from climbing over the play area into Riverside Drive area and that all surrounding perimeter cyclone fences, at the rear property, shall have redwood slats for screening. - - ..... 237' Page five City Council Minutes Apri 1 23, 1985 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 85-1 - Continued. 15. Place a median in the rear portion of the center lot to provide for a coherent circulation plan for people entering and leaving subject site. 16. Provide a minimum of ten (10) parking spaces. 17. The total number of children allowed with the current plot plan shall be forty-five (45). - 18. Applicant shall provide a painted drive boundary and directional arrows to control on-site circulation. A stop sign shall be erected at the exit point on Richard Street. 19. Applicant shall provide circulation, parking and retaining walls and dividers as indicated on the plot plan as revised by Planning Division. The plot plan should show that ellipsoid object for circulation shall be circular in its size, not ellipsoid in nature. o o (Y) w m <t 20. Engineering conditions are applicable if building permit or other permits are required from the Building Department. 21. Install curb and gutter thirty-eight (38) feet from centerline on Riverside Drive. 22. Construct paving to City and Ca1trans standards, from curb to centerline on Riverside Drive using a Traffic Index of 8.5. A twelve-foot (12') width of paving on northerly side of centerline exists and appears adequate but tests must show that paving exists to city standards. 23. Construct six-foot (6') wide sidewalk on Riverside Drive. 24. Arrange with Southern California Edison Company to provide a street light 1uminaire on the power pole sixty feet (60') easterly of this proposed site. 25. Work with the city to participate in a Lighting and Landscaping District. 26. Provide sewer service as required by the City of Lake Elsinore, Elsinore Valley Municipal Water District, the Regional Water Quality Control Board and the County Health Department. If a new sewer lateral is to be extended into the site, or a new connection made to the existing lateral, a c1eanout must be installed at the property line. - 27. Provide a will-serve letter for water service which includes a statement that the fire flow required by the County Fire Department is available to the fire hydrant. 28. Provide fire protection facilities as approved in writing by the County Fire Department. There are presently no fire hydrants near the app- licant's property. 29. - 30. 3l. "32. 33. 34. Obtain encroachment permit from Ca1trans for improvements on Riverside Drive. Plans and specifications for all off-site improvements shall be prepared by applicant's Civil Engineer for approval by the City. Plot plan shall show how drainage shall be handled on the site and shall be approved by the City Engineer. Pay Capital Improvement fees as required by Ordinance No. 572. Pay Public Safety fee required by Resolution No. 83-87. Dedicate underground water rights to the City or its assignee. 23~age six City Council Minutes April 23, 1985 PUBLIC HEARINGS - Continued. 31. Conditional Use Permit 85-1 - Continued. 35. If this site is to be used with the two (2) adjacent lots, a lot merger must be processed. 36. Construct paving on Richard Street as required by Special Permit 83-1. 37. There shall be no parking, loading or unloading on Riverside Drive. 38. Prior to completion of Phase I, the applicant must widen paving on Riverside Drive to provide for a twelve-foot (121) wide left-turn lane onto Richard Street. The length of the pavement widening shall be as required by the City Engineer and Caltrans. A permit and plan approval will be required by Caltrans. 39. The gravel walkway shall be changed to cement walkway. 40. If allowed and approved by Caltrans, erect IISLOW - SCHOOL ZONEII sign with flashers in both directions. - 41. All conditions to be met prior to occupancy. AYES: MATSON, STRIGOTTE, VALENZUELA NOES: KNIGHT, VERMILLION MOVED BY MATSON, SECONDED BY VALENZUELA, TO DEFER CURBS AND GUTTERS AND PAVE RICHARD STREET WITH ASPHALT, SUBJECT TO REVIEW IN ONE YEAR. AYES: MATSON, VALENZUELA NOES: KNIGHT, STRIGOTTE, VERMILLION 32. Tentative Tract Map 19344 and Draft Focus Environmental Impact Report - Lakeside Estates, Ltd. - Ken Buchannan. Mr. Corcoran reported that Tentative Tract Map 19344 is a proposal to subdivide seventy-five (75) acres into three-hundred-ten single-family residential lots and five (5) acres for commercial land use, located west- erly of intersection of Union Street and Corydon Road. - On May 8, 1984, the Lake Elsinore City Council approved a request to annex eighty (80) acres of land into the City of Lake Elsinore and adopted Resolu- tion No. 84-21 consenting to the commencement of annexation proceedings and formally designated those lands as Lakeside Estates - Annexation No. 35. Project proponents have tentatively received approval rom the Elsinore Valley Municipal Water District for a IIwill-servell letter and propose to incorporate a mound system to handle wastewater. as an interim measure until sewer service is available in June, 1986. Other concerns include the proximity of Skylark Airport to the proposed development. primarily, the safety of future residents of this development. Planning Commission recommends approval of Tentative Tract Map 19344, subject to sixty-six (66) conditions as modified and certification of the Draft Environmental Impact Report, subject to recommendations, as the Final Environ- mental Impact Report. _ The City Clerk read a letter from Mr. Ronald Karge, Aviation Director of the Department of Aviation of the County of Riverside, stating th~t residen- tial development so near an airport almost invariably leads to conflicts and could eventually cause the closure of the airport. Mayor Valenzuela opened the public hearing at 7:51 p.m. asking those in favor of Tentative Tract Map 19344 to speak. The following persons spoke: Page seven City Council Minutes April 23, 1985 239 PUBLIC HEARINGS - Continued. ---- 32. Tentative Tract Map 19344 - Continued. 1. Lloyd Zola, 1055 North Euclid, Ontario, project engineer, addressed the following aspects of the development, park dedication, the airport, Palomar Street extension, grading of the site, provision of drainage facilities, sewage disposal, entry statement, bridge assessment and police and fire service. 2. Jerry Dallas, CH2M Hill, 1301 Dove Street, Newport Beach, commented on the Airport, runway realignment, noise levels, safety factors and flight paths. o o M W m ~ 3. Robert Seagrist, Professional Engineer and Certified Soil Tester, employed by RSE Scientists and Engineers, Madison, Wisconsin, explained the proposed mound system and stated that Tentative Tract Map 19344 was suitable and would accommodate this type of system as an interim disposal measure. 4. Don Burnell, Corydon Road, Lake Elsinore, stated he would like to see this development at the end of the lake and feels that the Airport is in the wrong location. 5. Ken Buchannan, developer of Tentative Tract Map 19344, urged approval of the mound system since sewer service will not be available until June, 1986. Also, the County is interested in the mound system as a test case and possible useage of this system in certain County areas. ---- 6. William Rohr, Associate Public Health Engineer for Riverside County, stated that the County is interested in observing the mound system on this project to ascertain if this is a viable alternative for sewage disposal in areas which have shallow ground water and poor soil. The County is in favor of the mound system on this project. 7. Earl Pemberton, Machado Pines, Lake Elsinore, stated he did not know if he was in favor or in opposition to this development but was concerned with the problem of the Airport. He was concerned with the flights from the Lake Elsinore airstrip which are too low and in violation of Federal law. When the Airport was approved some years ago, they did not allow for funding to maintatn City personnel to assure proper flite procedures, noise abatement and compliance with the law. He reminded Council of the problems experienced at the Santa Monica Airport in the past. Lake Elsinore is a rapidly developing City and City officials should be concerned with the safety of the citizens. He urged Council consider closing the Skylark Airport. ---- Mayor Valenzuela asked those in opposition to Tentative Tract Map 19344 to speak. Hearing no one, the public hearing was closed at 7:33 p.m. Council discussion addressed the Airport runway alignment, findings of the Airport Advisory Committee which were mainly concerned with noise and City liability incurred through law suits involving future property owners. Park dedication was also discussed, clarification of location of 13.5 acres proposed by the project engineer for park dedication, with five acres within the 13.5 dedicated for parks, 2.7 acres of the five acres to be improved and the remainder of the 13.5 acres dedicated as a buffer zone between the development and the Airport. Additional issues discussed were the mound system, bridge assessment dist- rict, inclusion of the development in a Mello Roos Facilities District, dup~ication of conditions 17 and 39. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED TO AMEND CONDITION NUMBER 27, DELETE PLANNING COMMISSION WORDING, AS FOLLOWS: "DELETE LOTS 305, 306, 307, 308, 309, 192, 193, 194 AND 181, FOR CREATION OF A BUFFER ZONE BETWEEN THE DEVELOPMENT AND THE AIRPORT". AYES: MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: KNIGHT ,240page ei ght City Council Minutes Apri 1 23, 1985 PUBLIC HEARINGS - Continued. 32. Tentative Tract Map 19344 - Continued. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED TO REQUIRE DEVELOPER TO DEDICATE FIVE (5) ACRES FOR PARK USEAGE AND IMPROVE 2.7 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. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED TO AMEND THE MOTION TO REQUIRE THE REMAINDER, WHICH IS NOT PARK SITE, TO BE DEDICATED AS A BUFFER ZONE. AYES: MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: KNIGHT MOVED BY ~~TSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO INCLUDE CONDITION NUMBER 67, FORMATION OF A LIGHTING AND LANDSCAPING DISTRICT AND A MELLO ROOS COMMUNITY FACILITIES DISTRICT. MOVED BY MATSON, SECONDED BY STRIGOTTE TO DELETE ANY REFERENCE TO ON-SITE SEWAGE DISPOSAL. DEVELOPER ONLY TO HOOK-UP TO REGIONAL SEWER SYSTEM. AYES: MATSON, STRIGOTTE, VALENZUELA NOES: KNIGHT, VERMILLION MOVED BY STRIGOTTE, SECONDED BY MATSON TO DENY TENTATIVE TRACT MAP 19344. AYES: MATSON, STRIGOTTE NOES: KNIGHT, VERMILLION, VALENZUELA MOVED BY VERMILLION, SECONDED BY KNIGHT TO APPROVE TENTATIVE TRACT MAP 19344 AND ENVIRONMENTAL IMPACT REPORT, WITH CHANGES IN CONDITIONS AS SUBMITTED BY THE DEVELOPER. AYES: KNIGHT, VERMILLION NOES: MATSON, STRIGOTTE, VALENZUELA MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED TO APPROVE TENTATIVE TRACT MAP 19344 AND CERTIFY DRAFT ENVIRONMENTAL IMPACT REPORT, SUBJECT TO SIXTY-SEVEN PLANNING COMMISSION CONDITIONS WITH RECOMMENDATIONS, PLUS COUNCIL AMENDMENTS, AS FOLLOWS: 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. - - - ~ o o M W m ~ ~ ~ 241 Page nine City Council Minutes April 23t 1985 PUBLIC HEARINGS - Continued. 32. Tentative Tract Map 19344 - Continued. 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 designt 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 reviewt as per map item number 23. This item is subject to review and final approval by Design Review Board. 13. Meet County Fire Department requirements for fire protection. 14. Meet County Health Department requirements. 15. Meet Regional Water Quality Control Board requirements. 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 signage 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.t covered bus stops) within said project as deemed applicable by Chairman of Lake Elsinore Transit System. 22. Participate in Landscaping 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 useage and improve 2.7 acres of the five (5) acres. Improvement and location within the thirteen (13) acres to be at staff's discretiont as a condition of the final map. Remainder of the thirteen (13) acrest which is not park sitet to be dedicated as a buffer zone. 26. The entry to be as proposed by the developert a small monument. 27. Delete lots 305t 306t 307t 308t 309t 192t 193t 194 and 181 t for creation of a buffer zone between the development and the airport. 28. Include a clause notifying buyers within the Tract of the develop- ment's proximity to an airportt to be recorded on each lot. 29. Dedicate twenty (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. 242 Page ten City Council Minutes April 23, 1985 PUBLIC HEARINGS - Continued. 32. Tentative Tract Map 19344 - Continued. 31. Construct curb, gutter and paving on all proposed streets to the specifications of the City Engineer. 32. Street plans and specifications to be prepared by a registered Civil Engineer and will include signing and striping. As-built street, grading, utility and drainage improvement 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 guarantee construction of one signalized intersection upon demand by the City on Corydon Road at either Palomar Street or Grand Avenue. Provide services of a traffic engineer to study the need of a signalized intersection at Corydon Road and Palomar Street. 34. Install six-foot (61) sidewalk adjacent to all curbs and gutters except eight-foot (81) width along the commercial frontage. 35. Construct curb, gutter, sidewalk and one-half street paving to ten feet (101) 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 (361) 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 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 certification. 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 eleva- tion 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. - - - - o o (Y) w (D <I: - - Page eleven City Council Minutes April 23, 1985 243' PUBLIC HEARINGS - Continued. 32. Tentative Tract Map 19344 - Continued. 45. Continued. City Ordinance No. 603 states in Section 2.3-1 (3): IIReview all development permits to determine whether the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this ordinance, 'adverse affects' means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of base flood more than one foot at any point in the City of Lake Elsinore flood plain. Paved parking areas and other minor structures associated with recrea- tion 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 revi ew. II Planning Commission and City Council must interpret the proposals shown on this Tentative Tract with consideration of these ordinance requirements 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 Ordinance 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. 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 . 244 Page twe1 ve City Council Minutes April 23, 1985 PUBLIC HEARINGS - Continued. 32. Tentative Tract Map 19344 - Continued. 52. Continued. 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 c1eanouts 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 deve1oper(s), owner(s) and the City. 62. Final Map shall show the following items with a prominent note: a. All geologic fault lines, b. lOa-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 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. - - o o (Y) w CD <t - - Page thirteen City Council Minutes Apri 1 23, 1985 245 PUBLIC HEARINGS - Continued. 32. Tentative Tract Map 19344 - Continued. 67B. Continued. 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 be submitted at a special election incident to proceedings under the Mello Roos Community Facilities Act of 1982. COUNCIL RECESSED AT 9:34 P.M. COUNCIL RECONVENED AT 9:47 P.M. BUS INESS ITEMS 4. Change of Election Date and Consolidation of General Municipal Election with County - Ordinance No. 745. The City Clerk reported that Government Code Section 36503.5 adopted in 1981 allows the City Council to change the date of the General Municipal Election from April of even-numbered years by enacting an Ordinance requiring its election to be held on the same day as the statewide general election, Novem- ber of even numbered years, or the day of school district elections, November of odd-numbered years. She outlined several advantages to consolid- ation and recommended Council adopt the proposed ordinance changing the date of the next General Municipal Election from April, 1985 to November 4, 1986, the day of the statewide election. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO DENY RECOMMENDATION TO CHANGE THE DATE OF THE GENERAL MUNICIPAL ELECTION. 6. Jubilee Committee - 1988 Centennial At the request of Mayor Valenzuela, the City Clerk read a letter from Mr. T.W. Grove, Jubilee Treasurer, requesting ten-thousand dollars ($10,000) be set aside for the 1988 Centenia1. He also requested that a new committee to be known as "Centennia1 Committee For 188111, be formed, consisting of at least one Council person. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO FORM A CO~1MITTEE TO BE KNOWN AS "CENTENNIAL COMMITTEE FOR 188111. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPOINT COUNCILMAN STRIGOTTE AS CHAIRMAN OF THE "CENTENNIAL COMMITTEE FOR 188111. 17. Revision to the One-Hundred-Year Flood Plain Elevation of Ordinance No. 603. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED TO TABLE THIS ORDINANCE UNTIL SUCH TIME AS THE FINAL FEMA REPORT IS ADOPTED. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: NONE ABSTENTIONS: VERMILLION 51. Ordinance No. 746 - Adding Chapter 50, Adopting the 1984 Edition of the State of California Vehicle Code, and Chapter 60, Regulating Parking for Vehicle Sell Purposes in Commercial Zones, to the Lake Elsinore Municipal Code. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE FIRST READING OF ORDINANCE NUMBER 746, UPON THE FOllOWING ROLL-CALL VOTE: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE 246 Page fourteen City Council Minutes April 23, 1985 BUSINESS ITEMS - Continued. 52. Vasquez Agreement - City Park. Mr. Molendyk reported that the City entered into an agreement in October, 1983, with Mr. Pedro Vasquez, providing for the lease of a building at City Park and allowing a concession in exchange for a percentage of the gross profits and complete maintenance of City Park. There is a need to clarify certain aspects of the agreement and also, Mr. Vasquez has requested consideration of an amendment to the agreement, allowing him to pay a fixed ... monthly lease amount with annual review and/or adjustment. The Finance Director prepared a report with the following recommendations: 1. Verification that all concession payments to the City have been receipted. 2. Verification that Certificate of Insurance has been received by the City. 3. Consideration of amendment to agreement for a flat monthly lease with annual review and/or adjustment. The following amendment to the agreement was recommended: Section 5, Paragraph B - To pay City $150.00 per month for lease of building described in Paragraph 2 above, with annual renegotiation of lease amount from date of adoption. All lease payments will be due and payable on the first of the month and delinquent if not paid by the tenth of the month. MOVED BY STRIGOTTE TO APPROVE STAFF RECOMMENDATIONS AND AMEND SECTION ___ FIVE, PARAGRAPH 'B1 OF THE AGREEMENT TO INCLUDE A TEN PERCENT PENALTY TO BE CHARGED IF NOT PAID BY THE TENTH OF THE MONTH. MOTION LOST FOR LACK OF SECOND. Council and staff discussed the terms of the contract, city responsibility and Mr. Vasquez's responsibility, as well as the dollar value of the improve- ments made to the park and the savings in maintenance costs to the City. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO AMEND SECTION FIVE, PARAGRAPH IB' OF THE AGREEMENT WITH PEDRO VASQUEZ PER STAFF RECOMMENDATION WITH THE FOLLOWING ADDED: IF PAYMENT IS DELINQUENT, NOT PAID BY THE TENTH OF THE MONTH, A TEN PERCENT PENALTY WILL BE ADDED. CITY TO RENEGOTIATE PAYMENT TERMS IN ONE YEAR. CITY MANAGER COMMENTS 1. Mr. Molendyk reported that recently he was contacted by a representative of the Lions Club regarding donation of playground equipment for City Park. He requested Council direction to follow-up and negotiate for this equipment. He was directed to work with the Lions Club. 2. Mr. Molendyk announced there will be a meeting of the Riverside County Board of Supervisors on April 30, 1985, regarding the landfill site. The County has requested that Council representatives attend or a letter be written stating which site will be supported. Mayor Valenzuela and Mayor Pro Tern Strigotte confirmed that they would attend this meeting. 3. Community Development Director has requested a date be set for a study session on Title 17. Council concurred to postpone setting a date until after they receive the final draft of Title 17 and have time to review. ... - o o (Y) w CD <J: - - 247' Page fifteen City Council Minutes Apri 1 23, 1985 CITY COUNCIL COMMENTS Councilman Knight 1. Asked the status of the water well. The City Engineer reported that the well is not in production yet due to vandalism which caused a fracture in one of the lines. The contractor is repairing at this time and Mr. Culp will report back to Council regarding when the work will be completed. Councilman Matson 1. Commented on businesses around the lake which provide boat launching. In the past, these business owners have purchased tickets from the State Park for $2.00 and sold them to boaters for $3.00, realizing $1.00 for themselves. This year, the $2.00 price is printed on the tickets, eliminating the oppor- tunity for the business to realize anything for their service. He requested the City Manager follow-up with the State Park. Councilman Strigotte 1. Announced he attended a meeting with the County of Riverside on earthquake and disaster preparedness. He suggested the Mayor appoint an in-house committee to deal with disaster preparedness for the city. 2. Requested the City Engineer prepare a cost breakdown for Sulphur Street. 3. Suggested the blockades along Lakeshore need to be finished and the restrooms need to be screened. 4. Reminded staff that when a Counci1member requests information, a copy of the information should be provided to all Counci1members. Mayor Valenzuela 1. Commented that the State Park sells tickets in advance to businesses for boat launching. If the tickets are all sold on Saturday, these businesses cannot purchase more over the weekend and boats are going out on the lake on Sunday without tickets. She requested the City Manager follow-up with her on this matter. ADJOURNMENT MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 10:29 P.M. ATTEST: ~~t~