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HomeMy WebLinkAbout05-08-1984 City Council Minutes 374 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER r The Regular Meeting of the City Council was called to order by Mayor Valenzuela at 7:31 p.m. PLEDGE OF ALLEGIANCE .... The Pledge of Allegiance was led by Council member Knight. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NONE Also present were: City Manager Trevino, City Attorney Nazarek, City Engineer Culp, City Planner Corcoran, Assistant to City Manager Norton, RDA Administrative Assistant Modesti, Finance Director Barrick and City Clerk Money. PRESENTATIONS AND PROCLAMATIONS Mayor Valenzuela read a proclamation in honor of Municipal Clerk's Week and proclaimed the week of May 13 through 19, 1984 as 'Municipal Clerk1s Week' to be observed in the City of Lake Elsinore. CONSENT CALENDAR , I The following items were removed from the Consent Calendar for further consider- ~ ation and discussion: Item Nos. la, lOb, 10c and 11. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. Minutes b. April 11, 1984 - Adjourned Council Meeting c. April 24, 1984 - Regular Council Meeting 2. Approved Resolution proclaiming Mayas INeighborhood Watch Month'. RESOLUTION NO. 84-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOGNIZING THE MONTH OF MAY AS 'NEIGHBORHOOD WATCH MONTH' AND COMMEMORATING THE EXCELLENT VOLUNTEER ASSISTANCE THAT HAS MADE LAKE ELSINORE'S NEIGHBORHOOD WATCH PROGRAM A SUCCESS. 3. Animal Control Activity Report - April, 1984 - Received and Filed. 4. Building Division Monthly Activity Report - April, 1984 - Received and Filed. 5. Approved Warrant List - April, 1984 - Warrant Nos. 01197 through 01438, non-inclusively, in the total amount of $298,902.03. 6. Approved Resolution supporting Lake Elsinore Management Study. Mr. Trevino reported that he had received a letter from Ron Campbell, General Engineering Manager of Elsinore Valley Municipal Water District, urging all members of the Lake Elsinore Task Force to submit a resolution supporting PL 84-984, Lake Elsinore Management Study. ~ 375 Page two City Council Minutes May 8, 1984 CONSENT CALENDAR - Continued. 6. Resolution Supporting Lake Elsinore Management Study - Continued. ~ RESOLUTION NO. 84-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ENDORSING THE PL 84-984 LAKE ELSINORE MANAGEMENT STUDY AS PREPARED BY ENGINEERING SCIENCE FOR THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION. 7. Approved request to use Gediman Park by Elsinore Business and Professional Women's Club on May 26, 1984 from 8:00 a.m. to 12:00 Noon. ~ ~ ~ .~ o o 8. Request from Downtown Business Association to sell beer at the Chuckwagon Days Event, at City Park, on May 19 and May 20, 1984, referred to City Attorney for review. 9. Approved deferral of public improvements and execution of lien agreement at 17441,17445,17449 and 17453 Ryan Avenue - William S. Buck. 10. Claims for Damages a. Claim No. 84-4 - Robert Steel - Rejected and Referred to Insurance Carrier. b. Claim No. 84-8 - Dennis Mitchell Davis - Rejected and Referred to Insurance Carrier. 12. Set for Public Hearing - June 12, 1984 a. Zone Change 84-3 - Approved b. Jone Change 84-4 - Approved c. Zone Change 84-5 - Approved d. Zone Change 84-6 - Approved 13. Approved Notice of Completion - Library Addition - Mediterranean Construction. ITEMS REMOVED FROM CONSENT CALENDAR l.a. Minutes - April 6, 1984 - Special Council Meeting Mr. Strigotte stated that during this meeting, Jim Anderson of Water Quality Control, specifically addressed the sewer refund agreement. He requested these minutes be amended to reflect Mr. Anderson's statements. MOVE~BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF APRIL 6, 1984, SUBJECT TO INCLUSION OF MR. ANDERSON'S COMMENTS. 10. Claims for Damages b. Claim No. 84-5 - Anna Palumbo c. Calim No. 84-7 - Jaime Serrano Mr. Strigotte questioned the need to refer small claims such as these to the Insurance Adjustor or City Attorney. He suggested, in the future, complete information be submitted to Council for approval or denial, without incurring any additional expenses to the City. Mr. Nazarek stated Council has this perogative and suggested a meeting with the Insurance carrier to establish procedures. Mr. Trevino will follow-up. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO REJECT AND REFER CLAIM NOS. 84-5 AND 84-7 AND DIRECT CITY MANAGER TO FOLLOW-UP WITH INSURANCE COMPANY. 11. Set for Public Hearing - May 22, 1984 a. Conditional Use Permit 84-5 Mr. Strigotte stated the legal description of the property involved is incorrect. He requested it be corrected prior to the May 22 meeting. '376 Page three City Council Minutes May 8, 1984 11. Set for Public Hearing - May 22,1984 a. Conditional Use Permit 84-5 - Continued. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO SET DATE FOR PUBLIC HEARING OF CONDITIONAL USE PERMIT 84-5, SUBJECT TO CORRECTION OF LEGAL DESCRIPTION. Mr. Strigotte also commented that he had received a letter from the Chamber of Commerce requesting use of the city water truck and road grader for use in preparing the Rodeo Grounds. Consensus: Direct City Manager to cooperate and assist Chamber of Commerce in their request for use of city equipment. ..... PUBLIC HEARINGS 31. Conditional Use Permit 84-2 - Gene-Mar Towing - Gene Klimowicz - Establishment of a Tow Truck Parking and Impound Area. Mayor Valenzuela announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 84-2 and asked staff to identify the project and give staff recommendations. Jim Corcoran reported that Conditional Use Permit:,84-2 proposes locating a ~owing operation and temporary storage of vehicles in an existing paved lot which has been utilized as a boat storage and repair yard. Project is located at the Southeast corner of Lakeshore Drive and Fraser Drive. Planning Com- mission recommends approval of Conditional Use Permit 84'-2 subject to twenty- one (21) conditions, as amended, with the addition of Condition 6.a. Loren Cu1p, City Engineer, reported the Engineering Department has found that the app1icant1s property does create a descontinuity in the projected ultimate right-of-way for Fraser Drive, and that public traffic has occupied and used a portion of the applicant's property for thoroughfare. The following options were recommended for Council consideration: 1. Require applicant to dedicate footage to provide twenty-five (25) feet of half-street right-of-way, with corner cutback at Fraser Drive and Lakeshore Drive. 2. Authorize the City Attorney to investigate and initiate the right-of-way acquisition through judicial process. 3. Authorize staff to negotiate with the applicant for the purchase of the additional right-of-way. ..... The City Clerk reported no correspondence has been received regarding this project. Mayor Valenzuela opened the public hearing at 7:52 p.m. asking those in favor of Conditional Use Permit 84-2 to speak. '" I", Jo~, Longoin, 16791 Lakeshore Driwe_~ o\imerof the property, ~addressed Council, distributed maps and discussed conditions of approval recommended by Planning Commission, many of which he was not in agreement with. Mayor Valenzuela asked those in opposition to Conditional Use Permit 84-2 to ..... speak. No one asked to speak. Mayor Valenzuela closed the public hearing at 8:07 p.m. Discussion Council discussion followed regarding the recommended conditions, specifically certain fees required and the dedication of street right-of-way on Fraser Drive. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO CONTINUE CONDITIONAL USE PERMIT 84-2 AND DIRECT APPLICANT TO WORK WITH STAFF TO CLARIFY CERTAIN CONDITIONS. 377 Page four City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 84-4 - Butterfield Equities - Request to Allow Temporary Commercial Facility to Remain an Additional Five Years on Property Located at 16856 Lakeshore Drive. <r ~ ~ ~ ~ ~ Mayor Valenzuela announced this was the time and place for a public hearing pursuant to the application of Conditional Use Permit 84-4 and asked staff to identify the project and give staff recommendations. Jim Corcoran reported that on September 28, 1982, Council approved a request from applicant for a waiver of a Conditional Use Permit and approved a tem- porary facility to be constructed utilizing four (4) trailers, totaling 2880 square feet of gross floor area (Commercial Project 82-5 - Butterfield Savings and Loan), subject to applicant relocating the temporary structure in eighteen (18) months. The proponents desire to continue utilization of existing tem- porary structure and submitted Conditional Use Permit Application 84-4, requesting an additional stay of their temporary facility for a period of five (5) years. Subsequently, the Planning Commission approved Conditional Use Permit 84-4 subject to twelve (12) conditions amended as follows: 1. Conditions placed on Commercial Project 82-5 will remain in effect with the exception of Condition No.1. 2. Conditional Use Permit shall be effective for a period of twenty-four (24) months with six (6) month review. 3. A finding of conformance to the General Plan. 4. Issuance of a Negative Declaration. 5. No additional dedication required. 6. Eight-foot (81) wide sidewalk shall be installed on Riverside Drive and Lakeshore Drive. A six-foot (61) wide sidewalk shall be installed on Wisconsin Street. The $9,500 cash bond will be released when the work is completed and accepted. 7. Cooperate with the City of Lake Elsinore in'forming a Lighting and Landscaping District. 8. Applicant to pay equitable share for Traffic Signal Mitigation fee for Riverside Drive/Lakeshore Drive signal in the amount of $20,000. Defer and bond for these fees. 9. Pay Public Safety fees, as follows: Police - $.15 per square foot of building area. Fire - $.05 per square foot of building area. 10. Dedicate subsurface water rights to the City of Lake Elsinore or its assignees. 11. Pay Drainage Mitigation fee of $8,000. Defer and bond for these fees. ~ 12. Capital Improvement fees have been paid. City Clerk reported no correspondence has been received regarding this project. Mayor Valenzuela opened the public hearing at 8:20 p.m. asking those in favor of Conditional Use Permit 84-4 to speak. Mayor Valenzuela asked those in opposition to Conditional Use Permit 84-4 to speak. Paul Baccus, 15658 Lakeshore Drive, commented that five years was too long to consider this a temporary structure. Mayor Valenzuela closed the public hearing at 8:22 p.m. !B7B Page five City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit 84-4 - Butterfield Equities - Continued. Council discussion centered around the length of time of the application and deferral of drainage mitigation fees and traffic signal mitigation fees. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO EXTEND CONDITIONAL USE PERMIT 84-4 FOR SIX (6) MONTHS, WITHOUT ANY ADDITIONAL COST ... INCURRED FOR IMPROVEMENTS. Doug Gustafson, representing Butterfield Equities, requested continuance of Conditional Use Permit 84-4. MOVED BY STRIGOTTE, SECONDED BY VERMILLION AND CARRIED UNANIMOUSLY TO RE-OPEN THE PUBLIC HEARING AT 8:27 P.M. Mr. Gustafson stated the applicant had worked closely with staff on the proposed application. He requested Council continue this matter in order to work further with staff. Mayor Valenzuela announced the public hearing was closed at 8:29 p.m. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO RE- AFFIRM ORIGINAL MOTION TO EXTEND CONDITIONAL USE PERMIT 84-4 FOR SIX (6) MONTHS, WITHOUT ANY ADDITIONAL COST INCURRED FOR IMPROVEMENTS. 33. Tentative Parcel Map 19767 - Centennial Engineering - Proposal to Subdivide 5.21t Acres into Three Lots - Located on Mission Trail, Northeast of Inter- Section of Mission Trail and Campbell Street. Mayor Valenzuela announced this was the time and place for a public hearing pursuant to the application of Tentative Parcel Map 19767 and asked staff to identify the project and give staff recommendations. Jim Corcoran reported that applicant proposes to subdivide 5.21~ acres into three (3) lots to facilitate development along Mission Trail. Tentative Parcel Map will create smaller lots of 1.25 acres, 1.54 acres and 1.83 acres respectively. Existing lot limits large scale development and is more conducive to small parcel development. - The Planning Commission recommends approval of Tentative Parcel Map 19767 subject to the following twenty-four (24) conditions with modification to Condition No. 10: 1. A finding of no significant impact upon the environment. 2. Issuance of a Negative Declaration. 3. Meet all requirements of County Fire Department. 4. Comply with all County Health Department requirements. 5. A lOa-foot right-of-way and off-site improvements exist along Mission Trail which is in conformance with the General Plan. 6. An BO-foot right-of-way exists along Casino Drive. The General Plan requires 100 feet (major classification), but General Plan Amendment 83-4 ... reduced this right-of-way to 80 feet (modified secondary) with 64 feet curb to curb. No additional right-of-way is required. 7. Install curb and gutter 32 feet from centerline for Casino Drive. Required at Building Permit stage. (Council Deferred). 8. Provide 8 foot commercial sidewalk along Casino Drive. Provide standard driveways located as approved by City Engineer. Required at Building Permit stage. (Council Deferred). 379 Page six City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. '(1" Xl t-- ""':) ~ ~ 33. Tentative Parcel Map 19767 - Centennial Engineering - Continued. Recommended Conditions of Approval - Continued. 9. Construct asphalt paving to City standards from centerline to curb line on Casino Drive (Traffic Index = 7.5). Some paving exists on Casino Drive. Tests must show that existing paving is to City standards and will support the traffic index. The paving is to be required at Building stage. 10. The existing 14-foot center width of paving on Mission Trail is deteri~ orating. Completely reconstruct this 14 foot width if tests (Traffic Index = 8.0) indicate this is needed in the opinion of the City Engineer. Sand-seal the remainder of the existing paving from curb line to street centerline. To be required at building permit stage. Provide Class II bicycle lane. 11. Provide grading plan and certificate of survey at building stage. 12. Provide street lighting and trees for both Mission Trail and Casino Drive frontages at building stage. 13. Provide soils and geological reports with final report and grading certification to include pavement design at building stage. 14. Provide a plan to be approved by the City Engineer for receiving, chan- neling, and discharging into Mission Trail the storm water run-off onto applicant1s property from the drainage pipe under Casino Drive. Required at building stage. a} Applicant must sign a drainage acceptance letter to the satisfaction of the City Attorney to eliminate any City liability before the Final Map records. b) Drainage into the street must be under the sidewalk and directed downstream as approved by the City Engineer at building stage. c} Pay to the City $10,000 to construct a storm drain pipe and drain inlet(s} in Mission Trail to carry storm water to a point of disposal. This fee to be paid at building stage in proportion to area of lot. d) Provide flood hazard review letter from Riverside County Flood Control and Water Conservation District. 15. Plans and specifications for public improvement work shall be prepared by a Civil Engineer at building stage at time of first lot development. 16. Applicant shall meet all the requirements of the Subdivision Map Act and City Codes. 17. Applicant to assist the City in forming a Lighting and Landscaping District. - 18. Provide sanitary sewer service as approved by the City, the County Health Department, and the Regional Water Quality Control Board. Provide a letter of agreement to participate in the regional sewage collection, treatment and disposal system. 19. Provide written assurance that County Fire Department requirements have been complied with for fire protection and hydrant locations at building stage. 20. Provide to City a will-serve letter for water from Elsinore Valley Municipal Water District. .. :8BO Page seven City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. 33. Tentative Parcel Map 19767 - Centennial Engineering - Continued. Recommended Conditions of Approval - Continued. 21. Dedicate subsurface water rights to the City of Lake Elsinore. 22. Pay Traffic Signalization Assessment fee of $12,716.96 as determined ... by City Council Resolution No. 83-19. Pay at building permit issuance: Parcell = $ 3,440.75 (1.25 acres) Parcel 2 = $ 4,238.99 (1.54 acres) Parcel 3 = $ 5,037.23 (1.83 acres) $1 2,71 6.96 23. Pay Public Safety fees as determined by City Council Resolution No. 83-4 at $ .30 per gross floor area, to be paid as condition of building permit . 24. Pay Capital Improvement fees as determined by City Council Resolution No. 77-39. To be paid as condition of building permit: Sewer Street Park Storm Drain - $ 420.00 per 20 fixture units. - $ .03 per square foot of lot area. - $ .01 per square foot of lot area. - $ .02 per square foot of lot area. The City Clerk reported no correspondence has been received regarding this project. Mayor Valenzuela opened the public hearing at 8:32 p.m. asking those in favor of Tentative Parcel Map 19767 to speak. George Shay, 34691 Calle Rosita, Capistrano Beach, owner of the property, stated there is a deed restriction on this.property, relinquishing the right of ingress and egress to or from the freeway adjoining this land. . These rights were relinquished to the State of California in 1955. Mr. Shay re- quested Condition No.8, requiring 8-foot sidewalks and driveways along Casino Drive, be deleted. - Gil Baird, Centennial Engineering, 37736 Encanto Drive, Sun City, expressed concerns regarding improvements along Casino Drive. Requested Conditions 6, 7, 8, 9 and 12 be deleted. George Alongi, 629 Mill Street, stated, where property does not enjoy ingress and egress, developer should not have to pay for improvements. Mayor Valenzuela asked those in opposition to Tentative Parcel Map 19767 to speak. No one asked to speak. Mayor Valenzuela closed the public hearing at 8:38 p.m. Council discussed various conditions of approval which were recommended. MOVED BY VERMILLION, SECONDED BY MATSON TO DELETE CONDITIONS 7, 8, 9 AND THAT PORTION OF 12 WHICH REFERS TO CASINO DRIVE. AYES: VERMILLION NOES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA (MOTION FAILED). MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE PARCEL MAP 19767 SUBJECT TO TWENTY-FOUR (24) RECOMMENDED CONDITIONS, DELETING CONDITIONS 7 AND 8, WITH THE STIPULATION THAT IF THE APPLICANT, BU ILDER OR OWNER OF THE PROPERTY REQUESTS ACCESS ON CASINO DRIVE AND IT IS GRANTED BY CAL TRANS, THEN CONDITIONS 7 AND 8 ARE TO BE MET. - 38 ~I Page eight City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. 34. Tentative Parcel Map 19924 - Proposal to Subdivide 178 acres into Four Parcels. Mayor Valenzuela announced this was the time and place for public hearing pursuant to application of Tentative Parcel Map 19924 and asked staff to identify the project and give staff recommendations. Jim Corcoran reported that Tentative Parcel Map 19924 is located southeasterly of Central Avenue, between Allen Street and Trellis Avenue. This is part of a larger project known as Ramsgate. J) ~ f:'.o I~ ~ o The City Clerk reported no correspondence has been received regarding this project. Mayor Valenzuela opened the public hearing at 8:58 p.m. asking those in favor of Tentative Parcel Map 19924 to speak. Doug Gustafson, representing Butterfield Development, asked for a continu- ance of Tentative Parcel Map 19924. Mayor Valenzuela asked those in opposition to Tentative Parcel Map 19924 to speak. Paul Baccus, 15658 Grand Avenue, stated he was not opposed to the subdivision but does oppose the City allowing developments which do not providecpen : space for recreation. MOVED BY KNIGHT, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO CONTINUE PUBLIC HEARING OF TENTATIVE PARCEL MAP 19924 TO MAY 22, 1984. 35. Tentative Parcel Map 19925 - Butterfield Surveys - Proposal to Subdivide .46 Acres into Three Lots - Located Southerly Corner of Lincoln Street and Machado Street. Mayor Valenzuela announced this was the time and place for a public hearing pursuant to application of Tentative Parcel Map 19925 and asked staff to identify the project and give staff recommendations. Jim Corcoran reported that applicant proposes to subdivide .46t acres into three (3) contiguous lots with 6480 square feet per each lot which will facil~tate residential development. The Planning Commission recommends approval of Tentative Parcel Map 19925, subject to twenty-seven (27) con- ditions as amended from the original thirty (30) conditions and recommending deletion of Conditions 4, 13 and 30:- The City Clerk reported no correspondence has been received regarding this project. Mayor Valenzuela opened the public hearing at 9:03 p.m. asking those in favor of Tentative Parcel Map 19925 to speak. Sonny Davidson, Cross Hill Drive, Canyon Lake, owner of the property, stated he is in favor of the proposal but objected to some of the costly conditions, specifically Condition No. 20 - sewer fees. Mayor Valenzuela asked those in opposition to Tentative Parcel Map 19925 to speak. Al Wilsey, 15015 Lincoln, commented that the density is too high on minimum square footage lots. He feels the minimum square footage in the R-l zoning should be 7200 square feet instead of 6000 square feet, to conform with the County requirements. Mayor Valenzuela closed the public hearing at 9:08 p.m. ~B2 Page nine City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. 35. Tentative Parcel Map 19925 - Continued. Council discussion followed. MOVED BY STRIGOTTE, SECONDED BY MATSON TO APPROVE TENTATIVE PARCEL MAP 19925, 'SUBJECT TO TWENTY-SEVEN (27) RECOMMENDED CONDITIONS,. KEEPING CONDITION THIRTY (30), WHICH BECOMES CONDITION NO. 28 AS FOLLOWS: -- 1. Finding of no significant impact upon the environment. 2. Issuance of a Negative Declaration. 3. Comply with all requirements of the Subdivision Map Act and City Codes. 4. Comply with all County Health Department requirements. 5. Meet all requirements of County Fire Department. 6. Staff is proposing that only an 88-foot right-of-way along Machado Street be required to provide for a 64 foot roadway. This width would be com- patible with existing conditions, including the existing dedication and improvements proposed for Tentative Tract 19402 on the opposite side of Machado Street. Staff will propose in the First General Plan Amendment in 1984, that Machado Street corridor be reduced from a 100-foot to an 88-foot right-of-way with a 64-foot roadway. No additional dedication is needed along Machado Street. The existing street right-of-way on the southeast side of the centerline of Machado Street is 44 feet. The General Plan identifies Machado Street as a major street corridor requiring 100 foot right-of-way and 76 feet roadway. Approximately 40% of the frontage along Machado Street between Lakeshore Drive and Grand Avenue has already been developed with 88 foot right-of-way and a 64-foot wide roadway. 7. The existing street right-of-way on Lincoln Street is 88 feet, the General Plan does not classify Lincoln Street, and it does not list a required right-of-way width. No additional right-of-way is required along Lincoln Street frontage of this Tentative Tract Map. 8. Dedicate street right-of-way for a corner cut-off in conformance with City standards. ..... 9. Construct curb and gutter 32 feet from street centerline on Machado Street. A proposed General Plan Amendment will reduce the roadway from 76 feet to 64 feet. (Defer and require as a condition of building permit). 10. Curb and gutter exists 12 feet from the centerline of the 88-foot wide right-of-way along Lincoln Street, which provides an existing roadway width of 44 feet. Replace curb if the radius is not to City standards. Relocate handicapped ramp per City Engineer's discretion. 11. Construct paving on Machado Street to City standards from centerline to new gutter to accorrnnodate traffic wheel loads, appropriate"'to City standards. . The existing paving to the centerline of the street must be replaced unless tests show that the existing paving is, or can be, upgraded to City standards. (Defer and require as a condition of building permit). ... 12. Construct a meandering five-foot wide sidewalk separated from curb and standard driveway (defer and require as a condition of building permit). Trees to remain on Lincoln Street. On Machado Street -'curb with sidewalk adjacent to the curb. 13. Provide street lighting as required by the City Engineer. 14. Cooperate with the City in establishing a Lighting and Landscaping District. 3~:} Page ten City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. LJ l"- l:'- '''":} ~ o 35. Tentative Parcel Map 19925 - Continued. Conditions of Approval - Continued. 15. A drainage letter from the Flood Control District, dated March 20, 1984, recommends denial until adequate flood control facilities are installed. Staff is proposing that if Council desires to approve this Tentative Parcel Map, the following conditions be imposed: a) Construct a forty-two (42) inch block wall of a design approved by the City Engineer, on the property line of Parcell for flood protection. b) Provide a driveway for Parcel 1 adjacent to Lot 2 or near back property line on linco1n Street, to provide maximum protection to lot 1. c) All homes to have finish floor level elevated to two (2) feet above top curb. d) Pay to the City a drainage impact mitigation fee of $1,000.00 per lot. Defer and require as a condition of building permit on any of the lots. e) Record an agreement with the City to relocate the three (3) foot high drainage diversion wall to the northeast side of the 25-foot wide drainage easement, if required by the City for installation of future drainage facilities. f) Proposed drainage facilities be reviewed by the Riverside County Flood Control and Flood Control concerns considered before final approval by City Engineer. g} Provide a three (3) foot maximum height deflection wall at 45 degree angle to the rear of lot line of Parcel Number 1, from the property corner to the sidewalk. 16. Provide a grading plan to the City for approval prior to recording a final map. If necessary, for drainage, provide an irrevocable offer of dedication of a drainage easement along the rear property lines. 17. Sign a document agreeing to participate in a future assessment above $],000~~0 (as per'Condition N6. 16 d.). ,) 18. A sewer exists to the southwest tract boundary on Machado Street and along the lincoln Street frontage. Extend the sewer in Machado Street to serve the lots as required by the City Engineer. Provide cleanouts at property line. (Defer and provide as a condition of building permit. Pay up to $1,950.00 per living unit in addition to sewer connection fees. 19. Provide a water service availability letter. 20. Dedicate underground water rights to the City of lake Elsinore or its assignee. 21. Provide fire hydrant facilities as required in writing by the County, Fire Department. (Defer and require as a condition of building permit). 22. Pay to the City, Traffic Safety Mitigation fees for traffic signals of $300.00 per lot. (Defer and require as a condition of building permit). 23. Provide Class II Bike Lane (Defer until street construction). 24. Plans and specifications for public improvements shall be prepared by a Civil Engineer, including street signs and striping. (Defer and re- quire as a condition of building permit). 384: Page el even City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. 35. Tentative Parcel Map 19925 - Continued. Conditions of Approval - Continued. 25. Pay Capital Improvement fees as follows: Sewer - $ 420.00 per lot. Street $ .03 per square foot of lot area. Park - $ .10 per square foot of lot area. Storm Drains - $ .02 per square foot of lot area. 26. Pay Public Safety fees as follows: - Police Fire - $ 250.00 per residential unit. - $ 150.00 per residential unit. 27. Record an agreement indemnifying and holding the City harmless against storm water run-off damage to applicant.s property. 28. Provide written clearance from Riverside County Flood Control. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION 36. Multi-Family Mortgage Revenue Bonds - Grand Avenue Project. Mr. Nazarek reported this is an application from Barclay.s Inland Empire, for consideration of issuance of $5,000,000 in mortgage revenue bonds for the purpose of financing a multi-family structure on Grand Avenue. Under Federal and State law, cities and counties are both authorized and encouraged to undertake proceedings to provide financing of multi-family housing in order to meet housing needs in their community at lIaffordable pricesll. The mechanism to provide this type of funding is through the issuance of mortgage revenue bonds, authorized under the Health and Safety Code of the State of California as well as laws and regulations of the Internal Revenue Service. Proceeds from the sale of these bonds are used to generate revenues so that structures may be built on private property and the bond proceeds become the source of the money for the mortgages on the property which in turn are secured, in this case, by the rental payments made by the occupants. Under both state and federal law, the issuance of these bonds does not constitute a debt of the City and the City does not pledge any of its assets or other resources to the payment of the debt. The debt is secured by the mortgages and the rental payments under the mortgages. If this project is approved, it, will: generate, in the first year after compl etion, tax increment to the Redevelopment Agenc~ in the amount of $50,000 per year and will count toward this City's obligation to provide low to moderate income housing which is a criteria of the Redevelopment Plan. (20% of Redevelopment monies must be set aside for low to moderate income housing). - Mayor Valenzuela announced this is the time and place fixed for the public hearing to consider the project and the proposed financing pursuant to the requirements of Internal Revenue Code Section 103 (k) (2). The City Clerk reported that notice of the hearing has been given in the manner and form as required by law and that the necessary affidavits of publication are on file in the office of the City Clerk. Mr. Nazarek stated the financing is being conducted under Chapter 7 (com- mencing with Section 52075) of Part 5 of Division 31 of the Health and Safety Code of the State of California, and the project includes a require- ment for occupancy by lower income households at affordable rents. The City Clerk reported no written protests have been received. - 3M~) Page twelve City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. 36. ' Multi-Family Mortgage Revenue Bonds - Grand Avenue Project Mayor Valenzuela opened the public hearing at 9:14 p.m. and asked those in opposition to this project to speak. The following persons spoke: 1. Milo Sa1o, 14125 Grand Avenue 2. Bill Love, 17461 Bromley 3. George Alongi, 629 Mill Street 4. Paul Baccus, 15658 Grand Avenue 5. Lee Allen, 270 Avenue 9 6. Barbara Roberts, 17183 Shrier Drive 7. Brian Johnson, 15216 Terrace Drive 8. Richard Knapp, 29690 Dwan Drive 9. Adam Natalie, 16919 Bell 10. Bob Mobley, 115 N. Riley ~ t-e ~ '-:> - .--c ~ Mayor Valenzuela asked those in favor of this project to speak. The following persons spoke in favor: 1. Howie Torn, 610 W. Graham, Partner in Barclay's Inland Empire 2. Dick Murphy, 29362 Swan Avenue 3. Everett Manfredi, 31040 Riverside Drive 4. Nancy Shafer, 123 South Main Street 5. Mark La Porte, 610 W. Graham, General Partner in Barclay's Inland Empire 6. Gregg Ross, 3820 Ulla Lane MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO CLOSE THE PUBLIC HEARING AT 10:14 P.M. Mr. Nazarek stated if Council wishes to proceed it would be necessary to adopt Resolution approving Bond Counsel and Underwirter. The adoption of this resolution will ,autho.rize the employment af band caunsel and farma1 appaintment af the underwriter far the prapased financing. Also., adapt Resa1utian autharizing the issuance and sale af Multi-Family Martgage Revenue Bands and appraving dacuments related thereto.. In additian, Cauncil must apprave an Indemnity Agreement and autharize executian by the Mayar an behalf af the City. Cauncil discussed amendments to. the band dacuments. The fol1awing changes were agreed upan: Resalutian 84-20 - Change wards 'City Manager' to. 'City Cauncil I thraughaut. S~ecia1 Caunse1 Agreement - Sectian 4 - Add warding to. clarify any cast af lltigatian be barn by Barclay's Inland Empire, nat the City. Indemnity Agreement - Delete secand 'WHEREAS'. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO APPROVE RESOLUTION NO. 84-19. RESOLUTION NO. 84-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPOINTING BOND COUNSEL, AUTHORIZING EXECUTION OF AGREEMENT FOR BOND COUNSEL SERVICES AND DESIGNATING UNDERWRITER FOR TAX-EXEMPT MULTIFAMILY MORTGAGE REVENUE BONDS. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION Mr. Nazarek stated that apprava1 af Resalutian No.. 84-19 also. appraved the Special Caunsel Agreement, subject to. amendment to. Sectian 4. 3B6 Page thirteen City Council Minutes May 8, 1984 PUBLIC HEARINGS - Continued. 36. Multi-Family Mortgage Revenue Bonds - Grand Avenue Project - Continued. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED TO APPROVE RESOLUTION NO. 84-20, SUBJECT TO CHANGING THE WORDS ICITY MANAGER' TO ICITY COUNCIL'. RESOLUTION NO. 84-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED .- $5,000,000 PRINCIPAL AMOUNT OF CITY OF LAKE ELSINORE MULTIFAMILY MORTGAGE REVENUE BONDS (GRAND AVENUE PROJECT) 1984 SERIES A, APPROVING RELATED DOCUMENTS AND OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION - MOVED BY KNIGHT, SECONDED BY MATSON AND CARRIED TO APPROVE INDEMNITY AGREEMENT, SUBJECT TO DELETION OF THE SECOND IWHEREASI. AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO ADJOURN TO EXECUTIVE SESSION AT 1JO:39 P.M., TO DISCUSS POSSIBLE IMPROPER ACT OF AN EMPLOYEE ANDi E~1PLOYEE QUALIF ICAT IONS. COUNCIL RECONVENED AT 11:32 P.M. - with no action taken. BUS INESS ITEMS ~ 51. R~quest to Store Earth Fill Inside Lake Perimeter Roads - Haskell. Loren Culp reported a letter had been received from Mr. Haskell requesting permission to store earth fill on property located between Mission Trail and the Lake. Property is located westerly of Mission Trail near Corydon Street. Staff recommends approval of request subject to: 1. Providing of a bonded agreement approved by the City Attorney and City Engineer. 2. Fill to be placed in conformance to grading plan approved by the City Engineer, Senior Building Inspector, with applicant providing necessary topographic surveying. It is requested that Council provide guidance to staff regarding length of time the fill can remain on lot. Council discussion followed regarding the length of time dirt is to be stored, the need to address Ordinance 711 to bring it into conformance with the County, need to address lake perimeter area and stockpiling of material allowed in M-l Zoning only. MOVED BY STRIGOTTE, SECONDED BY KNIGHT TO APPROVE REQUEST TO STORE EARTH FILL INSIDE LAKE PERIMETER ROADS BY M.W. HASKELL. MOTION WITHDRAWN. MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO TABLE THIS REQUEST FOR FURTHER STUDY. - 387 Page fourteen City Council Minutes May 8, 1984 BUSINESS ITEMS - Continued. 52. Resolution of Intent to Annex - "Annexation No. 35 - Lakeside Estates Annexation" Two Parcels Totaling 80 Acres - Located Westerly of the Intersection of Corydon Road and Palomar Street. Jim Corcoran reported that on May 1, 1984, the Planning Commission reviewed and recommended approval of Ken Buchanan's request for annexation of 80t acres into the City of Lake Elsinore. Buchanan Development Inc. is represen- ting Lakeside Estates Limited, owners of subject property to be annexed. The annexation proposal lies adjacent to the City's southwestern corner of the City Limits, within the City's Sphere of Influence. Lake Elsinore's General Plan Land Use Map designates this area as Public/Semi-Public. Applicant has filed a General Plan Amendment 84-7 to redesignate this area to Low Density Residential (0-6.0 dwelling units per acre). ~ ~ t-.. '""::) ~ - ....... MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE RESOLUTION NO. 84-21. RESOLUTION NO. 84-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 35 -- LAKESIDE ESTATES ANNEXATION. II 53. Resolution of Intent to Annex - IIAnnexation No. 36 - Tomlinson Annexation - Three Parcels Totaling 43 Acres Located Southerly of the Intersection of Grand Avenue and Riverside Drive. Jim Corcoran reported that on May 1, 1984, the Planning Commission reviewed and recommended approval of Tomlinson Enterprises' request to annex approxi- mately 43 acres located southerly of the Intersection of Grand Avenue and Riverside Drive, to the City of Lake Elsinore. Subject area is contiguous to the City's southerly City Limit boundary and lies within the City's Sphere of Influence. Mr. Vermillion stated that until there is a study completed showing the ratio of commercial to residential development, he will vote against any further residential development. . MOVE~ BY KNIGHT, SECONDED BY STRIGOTTE AND CARRIED TO APPROVE RESOLUTION NO. 84-22. RESOLUTION NO. 84-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 36 -- TOMLINSON ANNEXATION II . AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION 54. Right-of-Way Demensions - Grandview Gardens Re-Subdivision, Westerly of Ortega Highway and Southerly of Grand Avenue - Adjacent to Macy Street. Loren Culp requested this item be pulled from the Agenda. This matter had been resolved by Staff. MOVED BY STRIGOTTE, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO REMOVE THIS ITEM FROM THE AGENDA. '388 Page fifteen City Council Minutes May 8, 1984 BUSINESS ITEMS - Continued. 55. License Application to Conduct Cardroom Activity - Robert Parker. Mr. Trevino reported receiving a letter from Mr. Giardinelli, representing Mr. Robert Parker. Mr. Parker is requesting the opportunity to address Council regarding the possibility of obtaining a cardroom license in the City of Lake Elsinore. At this time there are two (2) licenses available and both are held by Mr. Nick Notos. Mr. Parker contends that since only one license is active, the other should be available. - All available information regarding this matter has been turned over to the City Attorney for review. Staff is requesting Mr. Nazarek render a legal oppinion at this time. Mr. John Giardinelli, representing Robert Parker, stated all that was being requested at this time is an application. MOVED BY MATSON, SECONDED BY STRIGOTTE AND CARRIED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO REFER TO CITY ATTORNEY FOR REVIEW AND RECOMMENDATIONS AND DIRECT CITY MANAGER TO PROVIDE MR. PARKER WITH AN APPLICATION. REPORTS AND RECOMMENDATIONS Loren Culp reported that the current work being done on Main Street, spreading of sand, is being done in order to prepare the surface for the permanent asphalt cap which will be scheduled as soon as possible. Mr. Matson Mr. Matson reported that he and Mr. Strigotte have been meeting with representa- tives of EVMWD regarding the Sewer Transfer Agreement and the Developer Reimburse- ment Agreement. He distributed copies of a draft reimbursement agreement, requesting review of proposed changes to Section 8. Since the agreement was - approved in concept a few weeks ago, all that was needed to proceed was a con- sensus of Council which he requested by Friday, May 11, 1984. Mr. Matson stated they hoped to complete review of the Sewer Transfer Agreement at the Committee meeting of May l~ so that it could be placed on the next Council Agenda. Mr. Strigotte 1. Need to abate abandoned houses. Requested staff follow-up. 2. Study Session has been scheduled with the Park and Recreation District, Monday, May 14, 1984 at 7:00 p.m. 3. Requested progress reports from staff on Reports and Recommendations from prior Council meetings. 4. Need feasibility study regarding stop sign at Lakeshore and Machado Streets. 5. Requested staff look into refurbishing of basketball courts at Yarborough Park. 6. Requested Public Comments be placed on next Agenda. 7. Little League has the opportunity to host the District and All-Star Tournaments. Still need a pitcher's mound and one bank of lights in left field at Swick Park. Mr. Vermillion 1. Requested staff prepare a ratio study of Commercial vs. Residential development.... 2. Requested staff review, with LAFCO, the possibility of de-annexation of Railroad Canyon Road. 3. Reported he has completed the engineering study on the Outflow Channel. He discussed technical details of the project and stated the cost would be approximately $3,500,000. Council needs to determine how to fund this project. Mrs. Valenzuela suggested Mr. Vermillion work with staff and place this on an upcoming Council Agenda. A) r-- t"- .-:> ~ ~ :i~~ Page sixteen City Council Minutes May 8, 1984 REPORTS AND RECOMMENDATIONS - Continued. Mayor Valenzuela appointed representatives to the following committees: l. Lake Management Committee - Leon Strigotte and John Matson 2. Sewer Committee - Leon Strigotte and John Matson 3. Publ ic Safety Committee - Leon Strigotte 4. Outflow Channel - Robert Vermillion 5. Downtown Business Association - Larry Knight 6. Economic Development Committee - John Matson 7. Airport Feasibility & Commercial Development - Airport Area - Robert Vermillion 8. Civic Community Projects - Larry Knight (Including City Park, Senior Citizens and Swick Park) 9. Chamber of Commerce - Larry Knight (through December, 1984) ADJOURNMENT MOVED BY STRIGOTTE, SECONDED BY MATSON AND CARRIED UNANIMOUSLY TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 12:28 P.M., TO MONDAY, MAY 14, 1984, AT 7:00 P.M. ATTEST: