Loading...
HomeMy WebLinkAbout1993 CC Minutes EX��B1T MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 5, 1993 CALL TO ORDER The Study Session was called to order at 3 :07 p.m. by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ ABSENT: COUNCILMEMBERS: WINKLER, WASHBURN Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Community Development Director Watenpaugh, Public Services Director Tecca, Special Projects Coordinator Basham, Special Projects Coordinator Wood, Engineering Manager O'Donnell and City Clerk Kasad. DISCUSSION ITEMS City Manager Molendyk indicated that if Council would concur, he would like to add one item of discussion to this agenda, being "Budget 1992-93" . MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD ITEM NUMBER THREE TO THIS AGENDA AS REQUESTED. City Manager Molendyk noted that future Work Sessions should be advertised as joint City Council/Redevelopment Agency Meetings. MAYOR WASHBURN ARRIVED AT 3: 10 P.M. 1. General Plan Clean-up/Circulation Element. City Planner Christen distributed and detailed an outline of the work completed to date on this project. He advised that it is anticipated that all of the elements and the E.I.R. should be submitted to the City for final review by mid- January. City Planner Christen explained that the Housing Element prepared in 1990 has never been accepted by the State as they had requested a number of corrections/changes. - Councilwoman Cherveny inquired what the problems had been with the Housing Element. Mr. Christen indicated that he is not sure of the specific items without the information in front of - him. City Manager Molendyk indicated that the corrections are in progress, however they amount to a clean-up of the final document to reach compliance with State requirements. PAGE TWO - STUDY SESSION MINUTES - JANUARY 5, 1993 COUNCILMAN WINKLER ARRIVED AT 3: 17 P.M. Mayor Pro Tem Dominguez further inquired into the problems with the Housing Element submitted previously. Mr. Christen indicated that they were detailed to the City and the document is currently being rewritten. Councilman Alongi requested a list of the problems indicated by the State. Councilwoman Cherveny pursued the problems further. Mr. Christen indicated that they were State technicalities. He further indicated that a number of cities are not in compliance and in some cases legal steps are being taken to require compliance. He stressed that the City is taking the necessary steps for State approval. He commented that it is anticipated that the final set of General Plan documents should be presented to Council by mid-year. Mayor Washburn requested clarification as to whether the Specific Plans such as the Baker Street area would be included in these final documents. Mr. Christen indicated that some of these projects will be included however a number of them will be scheduled as amendments later to allow this document to be completed. Councilwoman Cherveny requested that if these documents are not ready for presentation to the City Council by mid-year they be so notified, as this is the type of item that might otherwise fall through the cracks. i Public Services Director Tecca explained the process for development of the Circulation Element of the General Plan. He further explained that the plan as developed includes the most recent revisions of the land use plan based on the projections for build-out in the year 2015. Mayor Washburn requested clarification as to whether this is based on build-out in 2015 or planned in stages. Mr. Tecca confirmed that this is based on the current projections for the 2015 build-out. Public Services Director Tecca also explained the preparation of the Traffic Volume Map, A.M. Peak Hour Map and P.M. Peak Hour Map. He pointed out the additions in this plan over the 1990 plan. He noted that contrary to previous belief the I-15 is not the main traffic generator of the corridor, rather routes that cross the I-15. City Manager Molendyk addressed the progress on this plan and questioned the progress of other cities. Mr. Tecca indicated that Lake Elsinore is a little ahead of other cities, but most cities are utilizing similar methods. Mr. Molendyk stressed that this work is the state of the art at this time. Mayor Washburn commented on the impact of the Lake on the -- circulation in this community. Mr. Tecca commented that the streets being planned and PAGE THREE - STUDY SESSION MINUTES - JANUARY 5, 1993 constructed at this time will need to last for the next 20 to 40 years, and noted that the projections for the downtown area at build-out would require nine lanes of traffic. Mayor Washburn commented on the future need and the avenues to pursue with the development community in anticipation of those needs. He stressed the need to consider the draw of development and in turn revenue to the City now versus the need to plan and develop for the year 2015. Mr. Christen indicated that it would be advisable to allow development while maintaining the necessary right-of-way widths. Mr. Tecca indicated that while the right-of-way should be maintained now, the improvements can be completed later. Mayor Pro Tem Dominguez commented on the impact of changing City Council's on the long term planning efforts; pointing out areas where variable setbacks exist. City Manager Molendyk commented on the needs which have previously been neglected. He stressed the need for Council direction in this general plan process. He commented on Lakeshore Drive and questioned the future width and configuration. Mr. Christen indicated that this plan contemplates a four lane split level road. Mr. Tecca detailed traffic movement and alternatives for level of service on Lakeshore Drive. Councilwoman Cherveny questioned the ultimate placement of Lakeshore Drive. City Manager Molendyk pointed out the priorities for this project including acquisition of property, and inquired when this action would begin. Mr. Tecca indicated that it is dependant on when funding is available. He further indicated that the rating of Strickland has been increased to allow for it to carry some of the traffic anticipated for Lakeshore Drive. He detailed the widths proposed for the completed project. Councilwoman Cherveny questioned the impact of Lakeshore Drive improvements on the existing houses. Mr. Tecca indicated that the two level portion is planned for the section from 300' east of four corners to approximately Chaney Street. Mayor Washburn indicated that Acacia Street is on the books between the Lake and the existing property owners. Mayor Pro Tem Dominguez indicated that Acacia Street may have been abandoned. City Manager Molendyk indicated that the Lake Edge Specific Plan would better address this issue. Mayor Washburn questioned the balance of jobs to housing in the General Plan as presented. Mr. Christen indicated that this issue has been addressed, but he is not sure of the statistics. Mayor Washburn questioned analysis of the fiscal impacts. Administrative Services Director Boone indicated that once these reports are in place, the fiscal impacts can be addressed. City Manager Molendyk indicated that this will require consideration of the road fee program. PAGE FOUR - STUDY SESSION MINUTES - JANUARY 5, 1993 Councilman Alongi questioned the ability of property owners to pull permits based on future City plans. Mr. Tecca indicated that this is being considered and in some cases the City may need to buy the lots. City Attorney Harper stressed the difficulty in preventing owners from submitting plans based on ultimate City plans. He further indicated that the development applications should be processed and if necessary acquire at a later date. Councilman Alongi questioned the process if an owner should choose not to sell. City Attorney Harper indicated that the property could be condemned if necessary. Councilman Alongi further questioned the situation if the required right-of-way dedications make the lot undevelopable, and whether the City would be required to acquire the property. Mr. Harper indicated that to date that decision has been avoided, however the Council would be asked to decide such an issue in the near future. Further discussion ensued on the merits of acquiring the property up-front and the alternatives; as well as the need to limit or allow additions to existing property in spite of the future plans. 2 . Lake Edge Specific Plan. City Manager Molendyk reminded Council that this plan is based on the stipulations from the State for the transfer of the Lake. He stressed that this plan is not final and explained the public meeting and hearing schedule. Joanna Craft, Ballew & Associates, explained that this plan is being done based on a mandate from the State for the transfer of the control and ownership of the Lake. She further explained that this is a joint effort by the City and County to consolidate the Land Uses and growth plans; with the County having designated the City as the lead agency. She also explained that the County controls 55% of the property and the City controls 45% of the property. She indicated that the plan is now ready for presentation to the Lake Advisory Committee and release for public review. She also indicated that the concerns and questions of Lakeland Village representatives have been addressed. She detailed the proposed land uses around the lake perimeter. City Manager Molendyk commented on the difficulties in developing this plan due to some of the long time existing land uses and setbacks. Ms. Craft indicated that this plan attempts to limit the number of strip commercial centers. She clarified that the existing commercial uses would remain, however further developments would be regulated. She further indicated that possibly small narrow lot owners would be encouraged to accumulate multiple lots to allow for a larger development. She stressed that this document is a guideline for future development, not an actual development plan. Councilwoman Cherveny requested clarification of the comment that this is the plan the City would like to see and PAGE FIVE - STUDY SESSION MINUTES - JANUARY 5, 1993 questioned the County's direction. Ms. Craft indicated that this plan is following the County zoning, but the City would control the development standards. Councilwoman Cherveny questioned whether this document has been reviewed by the County. Ms. Craft indicated that it has been reviewed by County staff. She further indicated that a number of the questions and concerns from Lakeland Village residents have been addressed. Mayor Pro Tem Dominguez inquired whether the 45% control by the City includes the State park. Ms. Craft indicated that it does, as this property is currently in City Limits. Mr. Christen further indicated that these percentages are based on acreage. City Manager Molendyk requested clarification as to whether this plan contemplates 1240' or 1249' elevation. Ms. Craft indicated that it is based on 12401 , although other elevations are mentioned with regard to management of the Lake. Councilman Alongi questioned the "greenbelt" area on the City side and whether it is to be in front of private property which currently exists. Ms. Craft indicated that the diagram indicates the edge of the road. Councilman Alongi further questioned the launch rights issue for these property owners. City Manager Molendyk indicated that they would be afforded the same rights as the County residents until he properties are ultimately acquired. Mayor Washburn clarified the full process for implementation of this plan. City Attorney Harper clarified that the purchase of properties rendered undevelopable is not a foregone conclusions. Mr. Christen indicated that it may be necessary to work around some properties initially. Discussion ensued regarding the timing of this implementation, the location of the 1265' elevation, and the potential for building homes on piers. Councilman Alongi questioned the approval process for County residents. Ms. Craft indicated that the County would need to approve the subdivision, but the City would have jurisdiction over the design. Further discussion ensued regarding the ability to administer between the City and the County. City Manager Molendyk commented that based on discussions with the previous County supervisor the City is the lead agency, but he would not foresee the need for residents to go through a dual process. City Attorney Harper clarified that the County would need to approve the subdivisions. Mayor Washburn indicated that potentially the County would adopt the City's standards. Mr. Christen confirmed that the City is the lead for this project, however the County would ultimately adopt City standards. Councilman Alongi questioned the hearing process and whether County residents would approach the City or the County. Mr. Harper indicated that they could approach either or both agencies. Councilwoman Cherveny questioned the ability of the County to change the City's standards. Mr. PAGE SIX - STUDY SESSION MINUTES - JANUARY 5, 1992 Harper indicated that County staff has concurred that this should be a mutual decision. Councilman Alongi questioned the provision of this document to the County. Mr. Christen indicated that they had been provided a draft, but not this latest revision. Ms. Craft indicated that this document is ready for submission to the public for review and will be available at City Hall and the Library for review and copying. Mr. Christen indicated that the E. I.R. would be following in the near future. Mayor Washburn noted that this process has cost the City approximately $120, 000 to date. City Manager Molendyk clarified that this is an expense of the process for transfer of the Lake. Councilwoman Cherveny inquired whether the Water District had been provided a copy of this report. Staff indicated they had not, but would be. Councilman Winkler inquired why the area behind the levee had not been detailed in this document and whether it was part of the plan. Ms. Craft indicated that this was the Eastlake Specific Plan area. Mr. Winkler questioned the amount of recreation facilities in the Eastlake Specific Plan. Ms. Craft clarified this issue. Mr. Winkler questioned the transfer document from the state and the public access requirements it stipulates. City Manager Molendyk clarified the public access requirement and the need to show the Eastlake recreational facilities for the State. Councilwoman Cherveny inquired why these had not been included. Mr. Christen indicated that the Eastlake M.O.U. post dated this document but could be included. Mr. Basham indicated that the transfer agreement requires that the existing facilities be maintained, but he is not aware of specific requirements. Mayor Washburn indicated that the City would be required to provide facilities to meet the state requirements. Councilwoman Cherveny questioned the restricted development areas and whether they are public access areas. Ms. Craft advised that these areas are anticipated to be public recreation areas. Councilwoman Cherveny questioned what public access roads would be available to the Lake. Mr. Dominguez indicated that Lindsey, Lewis, Chaney, Davis and maybe Poe have previously gone clear through to the Lake. 3 . Budget 1992-93 . City Manager Molendyk indicated that the City will be realizing a gain of one time dollars from PERS Credit and Booking fees totaling $549,000 less the $156, 000 State impact for fiscal year 1992-93 with a balance of approximately $393 , 000. He further indicated that budget adjustments in the amount of $48, 200 have already been approved by the Council t PAGE SEVEN - STUDY SESSION MINUTES - JANUARY 5, 1993 including the County Centennial participation, Sales Tax Data Base Program, After School Drop-In Program, LEMA Budget request and Special March, 1993 Election. He presented a proposal for increased funding for the Code Enforcement Program in the amount of $350, 000 to allow a more pro-active approach. Administrative Services Director Boone detailed the negotiations with regard to Booking Fees and indicated that the final decision is that presented. City Manager Molendyk commented that this is a one time source of money and the request had been received from Code Enforcement to provide additional enforcement. Community Development Manager Shear explained the costs associated with Nuisance Abatement and advised that there are currently 52 cases currently under abatement for this year. City Manager Molendyk clarified that these would be individual contracts on an hourly basis for the remainder of this budget year. Mr. Shear indicated that he already has qualified individuals available to contract these services. Councilwoman Cherveny questioned why the $350,000 could not be used for Police Officer overtime for the balance of the year. She suggested using this overtime to beef-up the patrol function. Councilman Winkler commented that this might be difficult with the necessary lead time for start up. Councilwoman Cherveny clarified that she would direct this toward overtime for existing officers. City Manager Molendyk clarified the dollar figure requested and explained that this program would work in conjunction with law enforcement activities. He suggested possible alternatives for the money distribution such as $75, 000 toward police officer overtime; or leaving the $175,000 for nuisance abatement and ignoring structure abatement. He commented that the need to deal with unsafe buildings would still exist whether these funds are allocated or not. Councilwoman Cherveny questioned what would have happened if this money was not gained. City Manager Molendyk indicated that this in staff's opinion was the best alternative, as it did not require going into reserves. Mayor Washburn stressed the success of this program to date and the long term impact it has on neighborhoods. He indicated that he would like to continue the program, but at this point it is a question of dollars. Councilwoman Cherveny concurred that the program is working, but questioned the ability of staff to work within a budget. City Attorney Harper reminded Council that this is for discussion only, with no decisions to be made today. City Manager Molendyk indicated that it was not fair to say staff is not budgeting properly, because this is a one time PAGE EIGHT - STUDY SESSION MINUTES - JANUARY 5, 1993 money situation. He further indicated that Council has requested additional items be addressed by this program which would otherwise require going into reserves. Mr. Molendyk also commented that discussion has occurred with regard to a quicker pay back alternative than liening the property. He again indicated that there are possibilities for splitting up this money. Mayor Pro Tem Dominguez questioned the ability to place time limits on the liens. Councilman Alongi indicated that RDA loans for tearing down buildings should be handled as a loan with monthly payments rather than waiting 10 or 15 years for payback. He questioned the possibility of the Sheriff's Department working closely with a security agency to provide additional eyes for law enforcement in problem areas. City Manager Molendyk questioned the amount needed to finish the abatements underway and suggested that the balance of these funds could go toward security. City Attorney Harper indicated that possibly this security could be a safety patrol like a paid Neighborhood Watch program. Community Development Manager Shear indicated that the abatement underway will be approximately $100, 000 for Structure Abatement and $150, 000 for Nuisance Abatement. Councilman Alongi inquired whether this program could squeak by with $200, 000 for the balance of the year; and further inquired whether it was necessary to address the nuisance abatement involving the tree trimming. City Manager Molendyk questioned the minimum for legally required abatements. Mr. Shear indicated that this would be approximately $150,000. Councilman Winkler indicated that he would like to see the entire $350, 000 used for tearing down buildings. He suggested that this would allow a pro-active approach to enforcement. He indicated that he has met with a property manager in the Nashland area and wants to pursue possible solutions in this area. He further indicated that he would like to have feedback from the Sheriff's Department as to the impact of this money on the law enforcement efforts. He stressed that he keeps hearing that the abatement process is helping their efforts in the Community. He stated that he feels the money would be better used for abatement. Councilman Alongi indicated that he doesn't disagree, however, the City is stuck with the problem element until the abatement process is complete. Mayor Washburn commented on recent meetings with Captain Daniel and discussions regarding a business watch program, indicating that if programs such as that could be helped he would consider funding. City Manager Molendyk indicated as a result of this meeting he would pursue abatement needs, the Business Watch Program and supplemental Security; and try to bring the information to one of the next work sessions. Councilwoman Cherveny inquired whether this could be brought PAGE NINE - STUDY SESSION MINUTES - JANUARY 5, 1993 to a regular Council meeting. City Manager Molendyk indicated if Captain Daniel concurs regarding supplemental security and Council approves his recommendations, then staff could proceed with the bid process based on an established level of service. City Manager Molendyk noted that the latest RDA Budget figures had been distributed for Council's information and offered to answer questions. City Attorney Harper indicated that he needed a brief Closed Session regarding pending litigation with Kunz and with Parker. THE STUDY SESSION WAS ADJOURNED TO CLOSED SESSION AT 5: 00 P.M. TO DISCUSS PENDING LITIGATION WITH KUNZ CORPORATION AND WITH PARKER ENTERPRISES, INC. THE STUDY SESSION WAS RECONVENED AT 5: 12 P.M. NO ACTION TAKEN. ADJOURNMENT THE STUDY SESSION WAS ADJOURNED AT 5: P.M. Y11-2) ARY WASHBURN, MAYOR CITY F LAKE ELSINORE -- A .TEST: VICKI RA SAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CH.ANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 12, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Cherveny. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator Basham, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Project H.O.P.E. (F: 122 . 1) Mayor Washburn read this Proclamation and presented it to Pastor Butensohn on behalf of H.O.P.E. , INC. Pastor Butensohn thanked the Mayor and City Council for this recognition and detailed the efforts of the program and the assistance provided to date. PUBLIC COMMENTS - AGENDIZED ITEMS Request was received to address Item #35. Mayor Washburn advised that this item would be considered during the Redevelopment Agency Meeting and requested that the comments be heard at that time. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4 . MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. I. The following Minutes were approved: a. City Council/E.V.M.W.D. Board Joint Work Session - December 15, 1992 . (F: 44 . 4) PAGE TWO - CITY COUNCIL MINUTES - JANUARY 12, 1993 b. Regular City Council Meeting - December 22, 1992 . C. City Council Work Session - January 5, 1993 . 2. Received and ordered filed the Building Activity Report for December, 1992. (F: 32.2) 3 . Received and ordered filed the Code Enforcement Activity Report for December, 1992 . (F:54 .1) 5. Ratified Warrant List for December 30, 1992 . (F:12. 3) dates. Approved public hearing of January 26, 1993, for the following: a. Annexation 52 Revised - Homestead (Hunsaker)Dyer-Wynn. - (F:20.2) ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activity Report - December, 1992. (F:32 .4) Councilman Alongi addressed two properties on this list and questioned the notification to property owners for 501 N. Main Street and the delays in the abatement process on 30181 Riverside Drive. Community Development Manager Shear indicated that notification had been properly completed and the delays on this particular property were due to design work underway on water and sewer line plans. Mayor Pro Tem. Dominguez questioned the inclusion of the Ambassador Hotel building in the abatement program, indicating that this is a historical building in the Community. He requested that it be removed from the abatement process. Councilman Alongi indicated that the Ambassador Hotel was not under abatement as they had pulled permits to rehabilitate the building. Mayor Washburn inquired whether these permits were current. Community Development Manager Shear advised that there were rehabilitation permits pulled for this property, however the permits have expired and the building has been i boarded up. Mayor Washburn questioned the City's declaration of this building as a historical landmark and suggested that it would be a loss to the Community if it is demolished. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR DECEMBER, 1992. PUBLIC HEARINGS 21. Western Riverside Council of Governments Air Ouality Implementation Plan - Resolution of Participation No. 93-1. (F: 108.13) City Planner Christen explained this item and the requirements for this Plan and a Transportation Management ordinance which has already been adopted by this Council. He highlighted the six point program established by this plan. He advised that Jim Birkhead from WRCOG was present to address any questions about the Plan. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:20 p.m. asking I i E 4 1� I PAGE THREE - CITY COUNCIL MINUTES - JANUARY 12, 1993 those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7 :21 p.m. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-1. RESOLUTION NO. 93-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS INTEGRATED AIR QUALITY IMPLEMENTATION PROGRAM. BUSINESS ITEMS 31. SB 2557 Booking Fees Negotiations - Sheriff's Contract. (F: 127.2) Administrative Services Director Boone detailed the impact of SB 2557 and explained the litigation and negotiations which have occurred in recent weeks. He explained that the negotiations are now complete with findings that the booking fees are due beginning January 1, 1993 , and will not be retroactive. He further explained that a contract amendment with the Sheriff's Department is necessary and a one-time PERS credit will be accepted. He advised that the total one-time savings from this item will be approximately $447,000. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE CONTRACT AMENDMENT ENCOMPASSING THE LANGUAGE AS IT RELATES TO BOOKING FEES. 32 . United Way Agreement - Human Services Center Additional Funding. (F: 108 . 15) City Manager Molendyk summarized this item which relates to previous consideration and discussion with the local United Way Program representatives. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE THE UNITED WAY AGREEMENT AS PRESENTED. Councilwoman Cherveny inquired how many agencies are currently using the Human Services Center. Manager of Special Projects Watenpaugh indicated that there are currently ten agencies utilizing the center with the two that have left continuing to provide referrals. Councilwoman Cherveny questioned the budget for these funds. Manager of Special Projects Watenpaugh indicated that this $12 , 000 is the money not provided through this year's C.D.B.G. funding. He further indicated that other sources are being investigated for the next fiscal year to handle any additional shortfalls. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33 . Recovery of Expenditures - Structure Abatement at 411 North Langstaff Street. (F: 32 .4) City Manager Molendyk explained this item and detailed the costs proposed to be recovered. I ' - -PAGE FOUR CITY COUNCIL MINUTES JANUARY 12, 1993 i MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL TAX ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 34 . Neighborhood Watch Program Signage. (F: 127. 2) I City Manager Molendyk highlighted this report and explained that the question regarding funds for signs had arisen and this item was an attempt to obtain Council policy direction. Councilman Alongi proposed that Council contribute a maximum of $300 for each Neighborhood Watch area to assist with start- up signage costs. He explained other associated costs such as stickers, information packets, hats, and other visibility items to promote the programs. Councilman Winkler requested clarification of this contribution. Councilman Alongi clarified that the City would contribute $300 to each area with the balance of the costs borne by the residents. Mayor Pro Tem Dominguez indicated that he had no problem with assisting with the signs, but questioned the cost of signs. City Manager Molendyk advised that the costs averages about $200 per area; and clarified the varying size of the Watch areas and the costs borne by the residents. He further indicated that these signs are usually installed by City staff. Mayor Washburn indicated that he has received similar requests and commented on the traditional approach to these signs and the resulting level of involvement. He concurred that the City should assist in the cost of start-up to new Neighborhood Watch areas. Councilwoman Cherveny indicated that she would want the assurance that the signs would say City of Lake Elsinore. Mayor Washburn suggested that the language be worked out with Staff. Councilman Alongi suggested that the City should take the lead in the design and have the signs made up with the appropriate verbiage. Mayor Washburn suggested that Deputy Rubio and Captain Daniel be included in the discussions regarding the design. Mayor Pro Tem Dominguez commented that this program is more than a matter of $300; he stressed the different needs in different areas and questioned the expenditure of funds. f City Manager Molendyk clarified that Deputy Rubio is working with the neighborhoods and has recently requested six signs through Public Works and she is monitoring the situation. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE UP TO $300 PER NEIGHBORHOOD WATCH UNIT FOR PLACEMENT OF SIGNS AND INSTRUCT STAFF TO WORK WITH PUBLIC WORKS AND THE SHERIFF'S DEPARTMENT TO DETERMINE APPROPRIATE VERBIAGE FOR THE J SIGNS. 35. City Center Development - Financial Package - Owner Participation Agreement with Oak Grove Eguities & i i i PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 120 1993 Disposition- and Development Agreement with Walmart Stores. (F:68. 1) (X: 134.7) City Manager Molendyk requested that this item be discussed as part of the Redevelopment Agency Meeting. I � MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONSIDER THIS ITEM AS PART OF THE REDEVELOPMENT AGENCY MEETING. 36. Second Reading - Ordinance No. 949 - Relating to Zone Chancre 92-5 - William and Rosalyne Hall. (F:172.2) MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 949 : ORDINANCE NO. 949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 87 ACRES LOCATED AT THE NORTHWESTERN CORNER OF CENTRAL AVENUE (STATE HIGHWAY 74) AND INTERSTATE 15 FROM GENERAL COMMERCIAL, FREEWAY BUSINESS, AND BUSINESS PARK (RIVERSIDE COUNTY DESIGNATION) TO C-2 GENERAL COMMERCIAL (ZONE CHANGE 92-5: WILLIAM AND ROSALYNE HALL) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, requested the Mayor Washburn resign to save the cost of the Special Recall Election. Joy Porthunder, 115 S. Spring Street, commented that if the Recall effort had not been started there would be no cost for the election. Sue Bowen, 167 N. Torn Ranch Road, commented on the last City Council Meeting and Councilman Alongi's response to her comments. She further commented on what she believed to be inaccuracies stated during that meeting with regard to Massachusetts Street hook-ups and the "risk" of buying a home on a septic system, indicating that if the system works properly it is not a risk and if it does not there is a responsibility on the part of the developer. She stressed that this system was inspected by both City and County inspectors and found to be acceptable. She commented on her beliefs during the last election and addressed Mr. Alongi's campaign material encouraging the public to check the facts and know who they are voting for or against. Donna Seiler, 175 N. Torn Ranch Road, thanked the City Council for its support of the Amber Ridge Sewer System assistance and stressed the needs of the residents indicating that she is ready to be- hooked-up. PAGE SIR - CITY COUNCIL MINUTES - JANUARY 12, 1993 Peter Dawson, 18010 Grand Avene, commented on the recent Lake Study Committee meeting and addressed the letter of intent with regard to lake front property owners rights. He thanked the Mayor and City Council on behalf of the residents for their support in this first step toward the final agreement and looked forward to meeting to finalize the agreement. Bob Houts, resident of Rose Avenue, thanked the City Council for the letter of support and commented on the efforts of the last nine months. He also thanked the Council for their continuing efforts to cooperate and reach a resolution. CITY MANAGER COMMENTS City Manager Molendyk reminded the City Council and the Community of the upcoming workshop on January 19th at 3 :00 p.m. at the Lake Community Center regarding Rent Control. City Manager Molendyk commented on the pro-active approach by City staff to the recent and upcoming rains, and detailed the additional staff hours and sandbags provided. He provided the phone number being used for residents needing sandbags or assistance. CITY COUNCIL COMMENTS Mayor Pro Tem Dominguez commented on the following: 1) Flooding problems in the "Hammerhead" annexation area at Lakeshore/Machado, requesting a report from Public Services Director Tecca. I Public Services Director Tecca advised that he had been in contact with the Riverside County Flood Control District, and the funding provided by Proposition F for Storm Drainage in this area had been shifted to the Outlet Channel and this drainage had project had been shelved. He explained the potential for other funding sources to assist and the difficulties which might occur in obtaining them. He further explained that Ken Edwards of the Flood Control District had been seeking additional funds for this project and indicated that it remains a priority for the District. 2) Recall of Mayor Washburn, indicating that he is against recall and in support of Mayor Washburn. He detailed his acquaintance with the Mayor over a long period of time and stressed his involvement in the Community and his service to the Community. He declared his support of the Mayor and cautioned the community against recall which are motivated by personal rather than political conflicts. He questioned the potential replacement in the event the recall is successful. Councilman Winkler commented on the following: I 1) Recent rain storms and the problems at Lakeshore/Machado. He stressed the areas of improvement such as LeGaye Street and indicated that he sees significant improvements over the last few years. 1 2) The Lake Advisory Committee Meeting stating he was glad to hear it was felt to be positive. He requested that E.V.M.W.D. - be officially invited to all of these meeting in the future. i i PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 12, 1993 He stressed the progress in communications between E.V.M.W.D. and the City and stressed the need to insure that this communication continues. 3) Letter to the Editor indicating concern that the City has made no effort to annex the Lakeland Village area. He highlighted prior discussions and the opposition to being annexed on the part of some of the residents. He stressed the need for the residents to agree to this type of action prior to the City proceeding. 4) Recall of Mayor Washburn, relating back to negotiations with the Water District and the role of leadership exhibited by the Mayor in those meetings. He further commented that -in spite of their differences on some matters, he is in full support of the Mayor. Councilwoman Cherveny commented on the following: 1) Sierra Circuit Rodeo Finals and extended her thanks to Western Classic Productions for their efforts. He commended them for their excellent work in organizing the event. 2) Planning Commission Vacancy, reminding the Community that the deadline for applications is Friday, January 15, 1993, encouraging residents to become involved. 3) Rent Control Workshop to be held on January 19th from 3 to 5 p.m. at the Lake Community Center. Councilman Alongi commented on the following: 1) Sierra Circuit Rodeo and the jacket presented to him. He further commented on the praise he heard from the participating Cowboys. He indicated that he would weather the same problems in organizing the event based on the success. 2) Amber Ridge Sewer System, addressing Mrs. Bowen and apologizing that he did not mean to express anger at her, but at the situation. He stressed the period of time over which the problems have existed with no resolution and his concern that the funds are coming from residents who do not live in this tract or suffer these problems. He clarified his comments which were questioned by Mrs. Bowen and reiterated that he feels these funds should come from a source other than the Redevelopment Agency. He further addressed the comments he received from Mr. Bowen following the last Council meeting. 3) Recent rumors, advising that he would not comment with regard to support or opposition to the recall of Mayor Washburn; only proceed to work the same way no matter what the results. He also indicated that all of his property ownerships have been properly disclosed and he is in compliance. He further indicated that he is not a partner to Mr. Sam Jiron, but he does believe in the project he has proposed. { Mayor Washburn commented on the following: 1) Lake Edge Specific Plan which has been released for public review, highlighting the content of the document and. explaining the public review process. PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 12, 1993 2) Outlet Channel, indicating that the Riverside County Flood Control District has begun acquiring the necessary properties for the project. Construction is not anticipated to begin in June of 1993 . 3) Business Watch Program, announcing the first meeting to be held on Thursday, January 14th at 10 a.m. at Elsinore West Marina. He indicated that this meeting will target businesses in the Four Corners/Riverside Drive area. 4) Sierra Circuit Rodeo, commenting that it went well in spite of the rain. He thanked the Chamber of Commerce, the City of Lake Elsinore and Western Classic Productions for working together to make this event occur. He hoped for improved communication to continue in the future between these organizations. 5) Redevelopment Agency Pass-through Agreements with E.V.M.W.D. , explaining the responsibility of the Water District in utilizing these funds. He suggested that the District take a hard look at the Amber Ridge Project for use of these funds. 6) Code Enforcement Program, advising staff of an abandoned Volkswagen shell on Collier Road. THE CITY COUNCIL MEETING WAS RECESSED AT 8: 15 P.M. THE CITY 'COUNCIL MEETING WAS RECONVENED AT 8: 25 P.M. A Videotape of the recent rains and storm water cresting Canyon Lake Dam was shown presenting statistics of water flow and rainfall. THE CITY COUNCIL MEETING WAS RECESSED AT 8 : 27 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9 : 28 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY TO DISCUSS MATTERS OF POTENTIAL LITIGATION AND PROPERTY ACQUISITION RELATING TO THE LAKE AT 9:29 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9 : 50 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINK R AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY CO IL MEETING AT 9:50 P.M. G Y WASHB , MAYOR CIT F LAKE ELSINORE A EST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 26, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERDENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator Wood, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS CEREMONIALS A. Presentation - Trauma Intervention Program. (F: 127 . 1) Mayor Washburn commented on recent discussions concerning this program, suggesting it might be a program the City would be interested in getting involved in and introduced Kathy Peery, representing this program. Mrs. Peery presented a videotape detailing this program and commented on the local efforts. She advised that this program is already used in the City through the Sheriff's Department and the California Department of Forestry. Mayor Washburn inquired how many volunteers were currently participating in this program. Mrs. Peery indicated that the Murrieta/Temecula group has 32 active volunteers. Mr. Peery commented on his contact with the program in his work as a firefighter. Mayor Washburn directed staff to work with the Sheriff's Department to make this program work for the Community. B. Presentation - CR & R U date. (F: 153 . 1) Mayor Washburn commented on the number of calls received regarding the implementation of this new program and introduced David Fahrion, representing CR & R to explain the program. PAGE TWO - CITY COUNCIL MINUTES - JANUARY 26, 1993 v David Fahrion explained that this program is in the middle of its transition period and requested the patience of City residents. He further explained that this program was implemented to meet the requirements of Assembly Bill 939 and detailed the reductions required. He also explained that in most cases two of the three containers have been delivered and the green container should be delivered in the near future, after delays in manufacturing them are overcome. He advised that all trash will be collected until February 12th, but after that use of these containers will be necessary. He also advised that a week for collection of old trash cans will be scheduled in the near future. He further advised that they will also be providing the street sweeping services to the City and emphasized the need to recognize the no parking hours posted for this service. He also stressed that most collection days have changed and encouraged the residents to become familiar with the new days. Mayor Washburn commented on a meeting between himself, Councilwoman Cherveny, City Staff and CR & R representatives, in which a number of the difficulties were addressed. He questioned the time frame for receipt of the green containers. Mr. Fahrion indicated that the containers should be received by February 12 . Mr. Fahrion also commented further on the recycling portion of the program indicating that permits are in place for handling of the blue container at the Perris facility. He stressed that these materials will not be going to a landfill and will help stabilize rates for collection. He further explained that when the green containers are collected they will be transported to a composting facility in Corona and the processed compost will be available for use in facilities such as parks at reduced costs. Councilwoman Cherveny requested that Mr. Fahrion provide information on the planned contest for development of an appropriate logo. Mr. Fahrion explained that a contest will be held for Elementary School students to compete in developing a logo for placement on the Black containers. He further explained that CR & R would be providing bonds for 1st, 2nd and 3rd place. Mayor Pro Tem Dominguez questioned the handling of pick-ups in alleys. Mr. Fahrion advised that they would need to contact residents in those areas to determine an appropriate means of collection. He also commented on a one-way street situation, for which they were working on a solution. Mayor Pro Tem Dominguez questioned the distribution of waste between the barrels and suggested the placement of stickers on each barrel for clarification. Mr. Fahrion explained that this would be difficult, because the texture of the containers is not conducive to stickers. Mayor Washburn stressed that this program is being undertaken because of the mandatory requirements placed on cities by Assembly Bill 939 . Mayor Washburn quizzed the audience on the distribution of trash between the barrels. Councilman Alongi questioned previous discussions pertaining PAGE THREE - CITY COUNCIL MINUTES - JANUARY 26, 1993 to suspension of billings while rentals are vacant. Mr. Fahrion indicated that this would still be the intent. C. Presentation - Update on Lake Clean-up &„ Elevation. (F:92 . 1) Ranger Jim Lehman, representing the State Park, advised that the current Lake level is 12471 , up from a level of 1229 .8 on January 1, 1993 , for an increase of approximately 18 feet. He further advised that the current depth of the lake is between 25 and 27 feet. He also advised that the lake had been closed due to the debris and rain run-off and had been further restricted to the bacterial level caused by up stream contamination. He indicated that the clean up should be complete in the next three weeks and depending on the Health Department determinations open to the public again. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 2 and 22 of this agenda and deferred to consideration of those items. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 2 . MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - January 12 , 1993 . (F:44 . 4) 3 . Ratified Warrant List for January 15, 1993 . (F: 12 . 3) 4 . Approved Community Services Department Modifications and the addition of Site Coordinator I to the existing General Employee Classification List. (F: 64 . 1) ITEM PULLED FROM THE CONSENT CALENDAR 2 . L. E.A. F. Animal Control Actiyity_Renort - December, 1992 . (F: 18 . 2) Councilman Alongi commented that one of L.E.A.F. 's trucks had broken down and they had since obtained a van. He further commented that additional funds are needed to make it operational, and encouraged community support. Mayor Washburn offered the floor to Molly Goldman, who had requested an opportunity to speak. Ms. Goldman withdrew her request. i Mayor Pro Tem Dominguez indicated that he understood that L.E.A.F. was also serving the cities of Canyon Lake, Murrieta and Temecula, and inquired whether this report reflected totals for those communities. Manager of Special Projects Watenpaugh indicated that this report reflected on. City of Lake Elsinore statistics. t_ PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 26, 1993 Mayor Washburn commented on the need for equipment and expanded facilities recently discussed and directed staff to work with the Executive Director of L.E.A.F. to review the contract interface between communities and determine their levels of participation in these needs. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR DECEMBER, 1992 . PUBLIC HEARINGS 21. Annexation No. 52 - Homestead Hunsaker Robert Dyer & Linda Wynn. (F: 20. 2) Resolution No. 93-2, finalizing Annexation No. 52 . The site is bounded by Scenic Crest Drive to the North, the Ramsgate Specific Plan Area to the West and South, and the Tuscany Hills Specific Plan Area to the East. City Manager Molendyk highlighted this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 52 p.m. asking those persons in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to this item to speak. Hearing no one, the public hearing was closed at 7:52 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO ADOPT RESOLUTION NO. 93-2 . RESOLUTION NO. 92-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS ANNEXATION NO. 52, ANNEXED TO THE CITY OF LAKE ELSINORE AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT. APPEAL 22 . Appeal of Design Review Committee (DRC) Decision for Denial of an Enclosed Outdoor Eating Area Application at 111 North Main Street (Main Street Bakery) . (F:21. 1) City Manager Molendyk advised that this item had been appealed at the request of Councilwoman Cherveny and explained the proposal. Csaba Koltai, applicant, explained his proposal and expressed concern that his request had not been understood, in that he intended to place the enclosure and remove it every day. He also presented a diagram of his proposal. He noted that he would not interfere with any planned special events. He stressed his ongoing efforts to improve his business and participate in the downtown improvements for the community. He also noted that his restaurant had been rated one of the ten best in the County. PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 26, 1993 Rick Zwiefel, 101 S. Main Street, requested that the City Council uphold the determination of the Design Review Committee, noting the prior actions of this applicant. He stressed that approval of this request would be discriminatory with regard to use of the public right-of-way. Mayor Washburn indicated that he had reviewed the minutes of the Design Review Committee consideration of this matter. He further indicated that there are presently two tables outside this business and he feels this matter is one of taste and personal preference. He also indicated that he did not agree with the outcome of the Design Review meeting. Councilwoman Cherveny added that the enhancement would add much to the decor on Main Street and look better than antiques placed in the right-of-way. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE THIS APPEAL OVERTURNING THE DETERMINATION OF THE DESIGN REVIEW COMMITTEE. Mayor Pro Tem Dominguez commented on the chain used to cordon off this area, indicating that it was to be ornamental, and noted that this was not known at the Design Review consideration. Mayor Washburn clarified the motion and question the ability of the applicant to prohibit people who are not patrons from utilizing the tables and chairs. City Attorney Harper confirmed that this could be prohibited as long as the public right of way is still passable. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH COUNCILMAN ALONGI ABSTAINING. BUSINESS ITEMS 31. Presentation of Fiscal Year 1991-92 Annual Audit & Financial Report. (F: 24 . 1) Administrative Services Director Boone explained the content of this report, which was prepared within legal guidelines for preparation. He highlighted the increased general fund reserves and refunds on Redevelopment Agency bonds. He thanked the Finance Department Staff for their efforts in this process and for the implementation of new software. He advised that the cost of this audit had been $30, 900 and that it was prepared by Peat Marwick. He further advised that more detailed information requested should be produced in the next 2 to 3 weeks. He also advised that the management letter should be distributed next week. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE 1991-92 ANNUAL AUDIT AND FINANCIAL REPORT. 32 . Bids for Demolition of Hazardous Structures- 501 N. Main Street - Hunt's Wrecking Co (F: 32 . 4) City Manager Molendyk explained this item and explained that the abatement procedures are being reviewed to find ways to speed up the process. City Attorney Harper further explained that there are continuing discussions of this issue, however n PAGE SIX - CITY COUNCIL MINUTES - JANUARY 26, 1993 Y it is important that in speeding up the procedure there is allowance for due process to prevent liability on the part of the City. MOVED BY CHERVENY, SECONDED BY ALONGI TO AWARD CONTRACT TO HUNT'S WRECKING COMPANY. Councilman Alongi requested a Work Session on the abatement program, with input on ideas for a quicker process. He suggested that when the owners are notified of the need to abate, they should also be notified of the availability of funds. City Attorney Harper commented that this would not be a problem, but as a practical matter the owners are informed of the potential for this assistance. Mr. Harper further commented on potential problems in shortening the process because of statutory requirements. Councilman Alongi requested that the work session address potential alternatives. City Attorney Harper indicated that this matter could be agendized for the next meeting to set appropriate policy. Mayor Washburn commented on the need to implement the process as soon as possible. He further commented on the budgeting for this program and the ability to speed up the cost recovery process. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33 . Community Facilities District 91-2 - Summerhill - Redem tion of Bonds - Resolution No. 93--3 . City Attorney Harper explained this item, which involves an excess of funds and allows a call for the bonds which were not necessary allowing for a reduction in the debt. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 93-3 . RESOLUTION NO. 93-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE REDEMPTION OF BONDS AND AUTHORIZING AND DIRECTING ACTIONS IN CONNECTION THEREWITH. 34 . Extension of Time for Tentative Tract Ma No. 25830 Hunsaker & Associates located North of the Tuscany Hills areas and Greenwald Avenue. City Manager Molendyk highlighted this item. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ONE YEAR EXTENSION OF TIME BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Substantial progress toward the development of this Tract Map has taken place. PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 26, 1993 2 . Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3 . The project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS 1. Tentative Tract Map will expire two (2) years from the date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4 . Signage for this subdivision shall require City permits. 5. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7 . All grading shall conform to the requirements of Section 6. 1.1 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 8 . Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. a) Bonding shall be done by phases and not by final map(s) on grading. b) Bonding shall be done by final map(s) for all other improvements. 9 . Pay all applicable fees in force at time of issuance of building permits. 10. Class II bicycle lane to be provided along Greenwald Avenue. 11. Prior to final map approval of Tract 25830 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 12 . Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall 'conform to the minimum dimensional standards of the R-1 Zoning District. PAGE EIGHT - CITY COUNCIL MINUTES -, JANUARY 26, 1993 13 . Prior to Final Tract Map approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and recorded. 14. Prior to Final Map approval, applicant shall obtain off- site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 15. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 16. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 17 . Comply with all conditions of the Riverside County Fire Department. 18 . Applicant must meet all requirements of. Elsinore Valley Municipal water District (EVMWD) . 19. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 20. The developer shall submit plans to Southern California Edison for a layout of the street lightinG system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and Shall be installed in accordance with the City Standards. 21. Meet all requirements of Southern California Edison Company. 22 . Meet all requirements of Southern California Gas Company. 23 . Meet all requirements of General Telephone. 24 . All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 25. DELETED. 26. Bond for drip or sprinkler irrigation system for common areas, as required by the Director of Community Development. 27. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. 28 . Landscaping and lighting shall be maintained by Landscaping and Lighting Maintenance Assessment District or Homeowners Association(s) . PAGE NINE - CITY COUNCIL MINUTES - JANUARY 26, 1993 29. If a homeowners association is to be established it shall,manage and impose fees to maintain all slopes or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners associations documents and all documents to convey title to the homeowners associations. 30. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 31. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC& R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 32 . House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in affect at the Minor Design Review submittal shall apply for this project. 33 . A decorative block or masonry wall shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 34 . Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Analysis of impacts of fills and cuts greater than sixty-feet (60' ) shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 35. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 17 . 82 of the Municipal Code prior to building permit approval and shall be subject to PAGE TEN - CITY COUNCIL MINUTES - JANUARY 26, 1993 further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 36. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 37. DELETED. 38. All residences shall be served by a sidewalk along lot frontage. 39 . DELETED. 40. Prior to commencement of any grading or construction on- site permits shall be obtained from State Fish and Game, if required. 41. Prior to commencement of any grading or construction on- site, permits shall be obtained from the Army Corps. of Engineers, if required. 42 . All project mitigation measures, listed within the Mitigated Negative Declaration 90-14, shall be incorporated into project design and development. 43 . Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. 44 . DELETED. 45. The applicant shall apply for and be grated an amendment to the Habitat Conservation Plan (HCP) boundaries. A 10 (a) Permit, which allows for an incidental taking of the Stevens Kangaroo Rat, shall be issued to the applicant prior to the submittal of a of a Final Tract Map for this development. Engineering Department Conditions 46. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to Final Map approval. 47 . Dedicate underground water rights to the City (Municipal Code, Title 161 Chapter 16. 52; . 030) . Document can be obtained from the Engineering Department. 48 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution 85- 26) . 49 . Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating the water and sewer arrangements have been made for this PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 26, 1993 project. Submit this letter prior to applying for building permit. 50. Construct all public works improvements per approved plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . 51. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution 83-78. 52 . Street Improvements plans and specifications shall be prepared by a City Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest editions, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 53 . Desirable grade for local streets is nine percent (9%) . The maximum grade of fifteen percent (15%) should only be used because of design constraints. 54 . DELETED. 55. Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 56. DELETED. 57. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 58. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of Final Map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 59 . All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 60. Contribute $345 . 00 towards the City's Master Entryway Sign Program. 61. DELETED. 62 . Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 63 . Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 64 . All tracts and engineering shall be digitized by PAGE TWELVE - CITY COUNCIL MINUTES - JANUARY 26f 1993 developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate f Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000 per sheet for future digitizing, excluding the title sheet. 65. No residential lot shall front or have access to Greenwald Avenue. 66. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 67. All local streets shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. Restricted local double loaded streets (cul-de-sacs and looped streets 1, 000 feet or less) shall have fifty (50) of right-of-way and thirty-six (36) feet curb-to-curb with a three (3) foot utility easement on each side of the street. 68 . With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 69. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 70. Applicant shall contribute $27, 000 for nine (9) future traffic signals on Highway 74 and $15, 000 for fire (5) traffic signals on Summerhill Drive, on and off ramps at Interstate 15 and Railroad Canyon Road. This development - will increase traffic at these intersections at least two percent (2%) and should contribute two percent (2%) towards construction. 71. Applicant shall coordinate drainage facilities with Tuscany Hills project in particular Tract 25074. Tract 25830 lies within hydrology study area of the Tuscany Hills project. 72 . DELETED. 73 . If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 74 . The sidewalk and parkway portion of the public right-of- way along Greenwald shall incorporate meandering sidewalks and enhanced treatments. The landscape plan shall be approved by the Director of Community Development. 75. The entry points at "A" Street and "D ' Street shall incorporate landscape entry treatments utilizing enhanced landscaping materials. The landscape plan shall be approved by the Director of Community Development. 76. Applicant shall comply with the provisions of Section 15 . 72 . 040, General Criteria. PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 26t 1993 77 . Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all master Planner drainage facilities constructed. 79. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 80. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutants Discharge Permit prior to issuance of grading permit. 35. Extension of the Section 10 (a) Incidental Take Permit for the Steven's Kangaroo Rat SKR . City Manager Molendyk explained that this is a procedural action for extension of the existing permit. He suggested that Councilman Alongi provide input in that he has represented the Council on this issue. Councilman Alongi indicated that he disagreed with this item, however, it is a legal requirement. Mayor Washburn indicated that this permit is held jointly with a number of other cities and plans are also underway for a multi-species plan. Councilman Alongi indicated that one of the problems is that the K-Rat is also identified for the multi-species permit. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE EXTENSION OF THIS PERMIT AND AUTHORIZE EXECUTION OF THE NECESSARY DOCUMENTATION. 36. Outdoor Activity Permit 93-1 - Chamber of Commerce Annual Winter Carnival (February 1,1-14 1993 . City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE OUTDOOR ACTIVITY PERMIT 93-1 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilman Alongi indicated that he was under the impression that once the C.U. P. was removed, the Chamber would no longer need to apply for each event. Community Development Manager Shear advised that his understanding was that the new process was not fully adopted and the existing ordinance would still apply. City Attorney Harper confirmed that the draft ordinance was still being reviewed, however, indicated that he was not certain how that ordinance would affect this item. PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 26, 1993 Councilman Alongi suggested that the Chamber apply for a C.U.P. to avoid individual applications. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS 1. The proposed Outdoor Activity Permit is a temporary use and is a Class 4 (e) exemption under the California Environmental Quality Act (CEQA) . 2 . Adequate conditions and safeguards pursuant to Section 17 . 98 . 050 of the Lake Elsinore Municipal Code have been incorporated into this approval of the Minor Temporary Outdoor Activity Permit to insure that the use is carried out in a manner envisioned by these findings for the term of the temporary use. 3 . The proposed temporary use will not be detrimental to the general health, safety, or welfare of persons residing or working within the neighborhood or the proposed use or the City, or injurious to property or improvements int he neighborhood or City. CONDITIONS 1. Prior to the start of any grading, the applicant shall obtain all necessary grading permits from the City. 2 . Prior to the commencement of operations, the applicant shall submit all binders of Liability Insurance naming the City of Lake Elsinore as additional insured. 3 . Prior to the commencement of operations, the applicant shall obtain all applicable building and electrical permits from the City for the inspection of all structures and electrical equipment. 4 . Prior to the commencement of operations, and no later than February 10, 1993 , the applicant shall call the Building Division for a full site inspection. 5 . Prior to the commencement of operations, the applicant shall comply with the following requirements: a. Meet all applicable Health Department requirements. b. Obtain all required health permits for food service by February 19, 1993 . C. Provide grease holding and disposal method to the County Health Department by February 10, 1993 . d. Clean and screen food booth by February 10, 1993 . e. Provide adequate drinking water facilities for the public by February 10, 1993 . f. Provide adequate public restroom facilities for both male and female by February 10, 1993 . PAGE FIFTEEN - CITY COUNCIL MINUTES - JANUARY 260 1993 6. Prior to the commencement of operations, the applicant shall install improved lighting at both sides of the crosswalk and provide additional lighting to the parking lot across the street by February 10, 1993 . 7 . Prior to the commencement of operations, the applicant shall clear and chalk the paring aisles and emergency lane by February 10, 1993 . 8. Prior to the commencement of operations, the applicant shall submit plans illustrating parking aisles and provisions to maintaining traffic flow. 9 . Prior to the commencement of operations, the applicant shall post "No Alcohol" signs in all parking areas. 10. Prior to the commencement of operations, the applicant shall indicate the location of the First Aid Station/Information Booth. 11. Prior to the commencement of operations, the applicant shall submit information to the City by February 10, 1993 , that a security agency will provide at least ten (10) employees, and that there will also be volunteers for traffic control and these personnel will be issued orange vests. In addition, these personnel are to be informed of the basic operations of the parking layout and Traffic Control Plan. 12 . Prior to the commencement of operations, the applicant shall clear and grade the carnival area of all rocks and ensure that all electrical cords are covered. 13 . Applicant shall maintain a cellular telephone for emergency use (temporary telephone booth) . 14 . Parking shall be prohibited on both sides of Franklin Street adjacent to the event. Temporary "No Parking Any Time" signs shall be posted on barricades placed not more that 150 feet apart between a point approximately 1, 000 feet west and east of the entrance. These are to be maintained for the duration of the event. 15. The entrance to the parking lot, or lots, shall be clearly marked so that all motorists will know where to enter and exit the parking lot. 16. If the open area across Franklin Avenue is to be used for parking, the Franklin Avenue side is to be roped off so that pedestrians are funneled to cross only at the crosswalk. If a large number of pedestrians are generated at any time, some sort of attendant traffic control will be required to stop vehicles when pedestrians need to cross the road. 17 . All signs and barricades are to be provided, installed and removed by the applicant. Removal shall occur no later than the following day after the event. 18. The applicant shall remove all trash and debris that results from the event, and from the street right-of-way on Franklin Avenue and on Casino Drive. PAGE SIXTEEN —CITY COUNCIL MINUTES . - JANUARY 26, 1993 v 19 . Grading of the rodeo ground shall be minimal and no alteration of the existing contours shall be permitted. 20. Prior to the commencement of operations, the applicant shall comply with the following provisions: a. Provide access for emergency vehicles. 1. A designated 12-foot fire land around the perimeter of the carnival grounds shall be maintained at all times. 2 . Provisions must be made for the ingress and egress of emergency vehicles to and from the rodeo grounds due to the possibility of vehicular traffic backing up disabling emergency vehicles to access. 3 . All brush, weeds, litter and similar combustibles shall be cut and removed from all parking areas no later than February 19, 1993, and a thirty- foot (301 ) wide disked area shall be provided around the entire perimeter of all parking areas. 4 . Prior to the commencement of operations, the applicant shall request a fire safety inspection conducted by the County Fire Prevention staff. 21. Upon approval of the Minor Temporary Outdoor Activity permit, the applicant shall present proof that he/she has complied with all conditions herein contained to the Planning Division no later than 3 : 30 p.m. , February 10, 1993 . 37. City-Wide Off-Site New Residential Directional signs. City Manager Molendyk explained this item and the work to this point. He stressed that this is an effort to eliminate the clutter on weekends with developers placing signs in medians, planters, etc. He further explained that these signs will be placed in 33 locations throughout the City and showed a rendering of the sign format. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE THE SIGN PROGRAM AND LOCATIONS AS PRESENTED. Councilwoman Cherveny commented on her prior involvement with the Community Development Corporation and their efforts toward this type of a program. She suggested that the developers be required to sign an agreement that they will not place individual signs. She indicated that she felt this would be a wonderful program. Cheryl Robbins, representing B. I.A. , explained the participation in this type of signs, and indicated that the developers are willing to comply. She explained the cost variable between this program and individual signs with this program costing much less. Councilwoman Cherveny questioned the commitment by the PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 26, 1993 developers. Ms. Robbins indicated that they are in support of this program and monitoring will occur. Councilman Alongi inquired whether this would be a mandatory program for developers. Ms. Robbins indicated that it was only mandatory if they wanted to use signage. Councilwoman Cherveny inquired whether the local developers had been contacted. Ms. Robbins indicated they had been contacted. Councilman Alongi questioned in the removal of illegal signs by Code Enforcement. City Attorney Harper clarified that nothing changes except the signs are much less expensive. He commented that this has been a very popular alternative in other communities. Councilman Alongi questioned the need to change the sign ordinance to require participation. City Attorney Harper advised that staff will continue to review the sign ordinance. Community Development Manager Shear further advised that paper signs are currently illegal, and any found can be removed. Councilman Alongi commented that the signs are going up every weekend and questioned the ability to prohibit signs. City Attorney Harper stressed that they are currently prohibited and the code allows for fines. Community Development Manager Shear explained that if paper signs are found posted and the developers are part of this program, the City can ask that B. I.A. remove those developers from the master signage. City Attorney Harper also noted that the Council can direct that these cases be prosecuted more rigorously. Mayor Washburn questioned the success of this program in other cities. Ms. Robbins indicated that the response is good and generally when contacted developers are willing to participate. Mayor Washburn questioned the ability to add signs for new projects. Mr. Shear indicated that this could be done administratively. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 38. Removal of Golden Spectrum Advisory. Board and Development of Criteria for Establishment of a Senior Citizens Advisor Committee. City Manager Molendyk explained the formation of Golden Spectrum and their use of City facilities at Lakepoint Park. He further explained the proposed advisory committee and its participants. Councilwoman Cherveny commented that she had served as an advisor to this board. She explained that this was a housekeeping item based on previous direction. She also explained that NAACP, AARP and Golden Spectrum representatives would all hold positions on the advisory committee. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO REMOVE GOLDEN SPECTRUM AS THE ADVISORY BOARD AND PROVIDE DIRECTION TO STAFF FOR FORMATION OF THE ADVISORY COMMITTEE. PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY 26, 1993 Mayor Washburn commented on the previously approved projects with C.D.B.G. funding and indicated that once final approval was obtained these projects would proceed. He stressed that the monies are still in place for these projects. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, addressed Mayor Washburn and Councilmembers Dominguez and Winkler regarding removal of Councilwoman Cherveny from the Chairmanship of the Redevelopment Agency, suggested that they were only considering it because they knew it would be a 3 to 2 vote. Sue Bowen, 167 N. Torn Ranch Road, commented on what she felt to be misinformation regarding the City's ability to fill the lake, during the efforts to obtain signatures for the recall. She apologized to Mayor Washburn for believing the comments she heard. She expressed concern with support of Councilmembers Alongi and Cherveny because of promises during the campaign, indicating they should be ashamed of their actions. Ericka Matthies, 403 W. Graham, addressed the recall efforts against Mayor Washburn explaining she had intended to remain neutral on this issue. She stressed the need for a City Council to work together and use conflict properly. She addressed the recall buttons worn by Councilmember Alongi and Cherveny and commented that in her opinion it was unexcusable. She questioned how these efforts could be good for the Community. Frances Whitney, General Manager, Elsinore West Marina, thanked Mayor Washburn on behalf of herself, her friends and associates for his efforts in the Community. She offered her support to him in fighting the recall. She also expressed gratitude to Councilmembers Dominguez and Winkler for their work in the Community. Earl Doyle, 321 Michele Drive, thanked Councilmembers Alongi and Cherveny for their first nine months of service to the Community. He indicated that he has learned more in the last nine months than in the last four years. He noted that items have been pulled and explained for public information, which was very helpful. He thanked Councilmembers Alongi and Cherveny for . representing the entire Community. He requested that Mayor Washburn explain the definition of a 'Moose cannon" . Leon Strigotte, 216 Chaney Street, addressed comments about t'good old boys" and special interests. He advised that he feels the same people keep making the comments. He commented on the similarity between members of this Council and Stalin or Hitler. He stressed the increased sales tax and general revenue which has occurred after the last few years. He further stressed the improved parks, roads, etc. over the same few years. He commented that he is tired of half-truths and lies. Bob Houts, 32946 Rose Avenue, commented on the Lake Edge Specific Plan and a meeting held on January 15th. He commented on the difficulty in providing input to the City with the limited access PAGE NINETEEN -, CITY COUNCIL MINUTES -- JANUARY 26, 1993 to copies of this document. He stressed the need for site plans and drawings to clarify this information. He advised that a group of citizens is organizing a group to review the documents and invited residents to attend. Joy Porthunder, 115 Spring Street, supported Mayor Washburn and stressed the need for the Council to work together. Ray Knight, 16504 Mango Wa commented on the potential Y, p teal for disaster that existed with the amount of rain recently received. He further commented that due to the foresight of the previous Council and improvements provided the disaster didn't happen. He thanked Mayor Washburn and . City Manager Molendyk for their appearance on King 3 and their efforts to keep the residents informed and help to ease their minds. Chris McColley, 29072 Palm View, supported Mayor Washburn, explaining that she has been a resident for four years. She commented that while she had not always agreed with the City Council, she did not feel the recall should focus on lack of agreement on certain issues. She encouraged residents to become fully informed before voting on this issue. She questioned the persons being recommended to replace Mayor Washburn in the event the recall is successful and questioned their qualifications. Lois Knight, 16504 Mango Way, supported Mayor Washburn indicating that he had proved his leadership ability. She suggested that the residents wake-up and discover the proponents of the recall and their plans for the Community. Sonya Matthies, 20345 Grand Avenue, expressed concern with the recall effort. She stressed the efforts of Mayor Washburn to obtain the Lake for the Community, to spray to eliminate odor, to work with the Lake Elsinore Management Authority to obtain the aeration system, and to obtain approval of AB 1697. She indicated that she felt Mayor Washburn had done more than his share to work for the community. She stressed the need for the Council to work together. CITY MANAGER COMMENTS City Manager Molendyk reminded Council of the Study Session to be held on February 2, 1993 . City Manager Molendyk addressed the comments of Mr. Knight and detailed the infrastructure improvements over the last nine years. He also commented on the most recent storms and efforts to assist Canyon Lake. He detailed the efforts of City staff over the worst four days and thanked police, fire, public works staffs for their efforts to assist. He further thanked the County Emergency personnel for their support. He also thanked King 3 , Elsinore Ready Mix, Park Plaza, Al Wilsey and other businesses for their assistance and support through the storms. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on the following: 1) Thanked staff for the extra hours they worked to assist during the rains. PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 26, 1993 V 2) Announced that there would be a Business Watch meeting for the Town Square Shopping Center on January 27, 1993 at 9 : 00 a.m. at Judy's Teriyaki; and encouraged all business owners to attend. 3) Reminded the Community of the Public Hearing/Special Meeting regarding Walmart to be held, Tuesday, February 2 , 1993 , at 5 : 00 p.m. in City Hall, noting that the location might need to be changed. 4) Congratulated Rick and Lynn Zwiefel for their success with the street fair in the downtown area, and announce that another fair will be held in March. 5) Reported that she and Councilman Alongi had attended a meeting with the Mayor of Perris regarding an anti-gang task force indicating that there were ideas which the City should consider using. 6) Commented on previous comments by Councilmembers Dominguez and Winkler and the lack of neutrality on the part of the City Council. She further commented on her acquaintance with Mayor Washburn and what she felt to be childish actions pertaining to post cards, telephone books and the new City Councilmembers. She also commented that during her term on the City Council there had been no leadership or attempts to build a cohesive team, only examples of how to do things wrong. She noted examples of the actions since April including appointment of Planning Commissioner Neff, vote to refund $90, 000 to Woodcrest Development, denial of request to earmark funds in the Murdock/Alberhill Agreement for public safety, approval of request for tax revenues by Leonard O'Byrne, and charging fees for use of parks by County residents. She noted that the 2, 700 people signing recall petitions against Mayor Washburn couldn't all be wrong. Councilman Winkler commented on the following: 1) Councilwoman Cherveny's comments regarding Commissioner Neff, noting that he is a recent resident of the west end of the City, with every Planning credential possible including Harvard. He stressed that he had never met the man before, but was very impressed by his qualifications. 2) Councilwoman Cherveny's comments about working with the City Council, noting that she had gone to the press on five different items to attack the Mayor and other Councilmembers. He further noted that he did not remember Mayor Washburn using the press to criticize other Councilmembers. 3) Annexations, noting that Councilmembers Alongi and Cherveny had indicated that the City didn't need any more annexations; further noting the annexations for which they had since voted. He questioned the service to the Community in these actions. 4) The areas on which all five Councilmembers agree, noting the Eastlake Project, the North Peak Project and the City Budget. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JANUARY 26, 1993 5) The Budget, noting that he sat back and waited for Finance Committee to bring back recommendations, most of which he went along with. He stressed that he felt this was an effort to work together. 6) The issues dividing the Council noting the Housing Issue which is a priority to Councilman Alongi. He stressed that the balance of projects between Councilmembers is not always an appropriate policy if only for the sake of agreeing. He noted the comments he had received from developers and real estate people with regard to the proposed low income housing project. He further stressed his concerns with the already high crime and infrastructure problems in this area. He advised that he held a letter from EVMWD stating there is inadequate sewer structure in that area. He further noted the statements about "no gingerbread" which related to this project and emphasized his efforts to develop and maintain high development standards for the Community. 7) Previous differences in opinion between Councilmembers and the appropriate and inappropriate ways to work around those differences. 8) Mr. O'Byrne's project, and the similarities to and differences from the Rancon Project, noting a six month delay in the Rancon Project because they missed the window for a theater. 9) Overreaction of Councilmembers Alongi and Cherveny, noting specific uses of City Staff and City Stationary; negotiations for the Lake Transition, noting that it is not final and could still be messed up. He noted the position of Redevelopment Agency Chairwoman indicating he was concerned with the public recall support, politicking and representation of the City to the other agencies involved in the transfer. Mayor Pro Tem Dominguez commented on the following: 1) Noted that his concerns with the recall were presented at the last City Council Meeting; and reminded the Community that he was elected to represent them to the best of his ability. Councilman Alongi commented on the following: 1) Statements by Ms. Matthies, indicated that he agreed 100%, and commented that he does not feel good about his position on the recall. He further indicated that the Lake transition will not be free. 2) Leon Strigotte, indicating he is a supporter of false statements. Mr. Alongi challenged Mr. Strigotte to prove the statements he has made, and noted Mr. Strigotte's - recent election losses. 3) Discussions with Sue Bowen. 4) Information provided by Councilman Winkler, and suggested PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JANUARY 26, 1993 that he follow through on programs noting that the letter received from EVMWD had been about a different location. 5) The low income housing project and the related "frills", indicating he disagreed with the project for Heald and Ellis the way it was designed, but the designed had been worked out with the City Manager and Assistant City Manager. He stressed the amenities comparable to Tuscany Hills including the roofs, stucco exterior, dual glazed windows, cement, curbs, gutters, sidewalks and landscaping. He agreed with Mayor Washburn, that the City does not need any more slums. 6) Redevelopment Agency fund misuses and abuses, noting Amber Ridge and Walmart. He noted the vacancies on Main Street, in Brookstone and at Albertsons indicating the small businesses don't want to see assistance given to big businesses. 7) Councilman Winkler' s comments, noting he was removed from the position on the Design Review Committee, and the Main Street sewer issue came up after his removal. 8) Mail--outs, indicating that Mayor Washburn used City envelopes and postage to mail a letter written from a County resident notifying of a meeting mailed to the County residents. 9) Lake Edge Specific Plan questioning the greenbelt on the City side and not on the County side. He stressed that he was elected to represent the City residents, no the County residents. 10) Annexations, noting the only annexation he opposed was the one on Greenwald. 11) Addressed low income housing explaining the definition of Blight, and noting the 1990 study and statistics regarding income levels for low income housing. He further noted the differences between rented property and owned property, stressing the pride of ownership. 12) Preference for City residents to use parks, noting that it is acceptable to charge the adults, but not the children, no matter where they live. 13) Public Safety, questioning the level of satisfaction with the current rate of crime. 14) Manipulative voting by the Council, noting that a lot of the votes are political. He stressed the responsibility of the Mayor and the difficulty of the position. 15) Efforts during the recent rains noting that he was out with his truck helping with sandbags and getting wet while the Mayor was warm and dry at King 3 Studio. He also noted the increased lake level from the storms and his support at this time of the aeration system. 16) Abuses of the Redevelopment Agency funding, commenting specifically on the change in plans which disapproved the PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JANUARY 26, 1993 previously approved low income housing project. 17) Support of the recall based on the above mentioned issues and his willingness to call if off, if the Council would work as a team; noting that he wished he had been involved in the recalls for Councilmembers Dominguez and Winkler. 18) His efforts on Main Street to comply when the plans changed for Main Street in multiple ways. Mayor Washburn commented on the following: 1) Announced the Community Development Block Grant Meeting to receive input on use of the funds, on Thursday, January 28, 1993 . 2) Comments from Council regarding the storms and flooding, indicating that he was involved with programming on King 3 for 13 hours in addition to assisting with the rescue of five teenagers from the San Jacinto River. 3) Public Safety concerns indicating that he feels the Council has always worked aggressively to increase the service where possible and he doesn't feel any Council would not try to increase where possible. He further commented on citizen input and participation through Neighborhood Watch and Business Watch programs, indicating that more officers is not always the answer. He further addressed the Murdock project and his belief that setting a precedence to earmark monies from the Development Agreement would not be appropriate. 4) Walmart, indicating that he has spoken with other Chambers of Commerce and found them to be pleased with the success in their communities. He noted increased activity and jobs and commenting that certain difficulties will be encountered by all businesses large or small due to the recession. 5) Design Review Committee, noting that Councilwoman Cherveny had stepped down from this committee and Councilman Alongi had stepped in, with no formal action. 6) Mail outs, indicating he does mail to the County, particularly the senators and congressmen. He stressed the need to communicate with the County residents such as the Southshore Homeowners Association to obtain their participation on the Lake transfer. 7) The Lake, noting the misunderstandings relating to ownership of the Lake during the periods when it dried up and fish died. He further noted that the City's opportunity to finally own it is within reach. 8) The politics of the City Council indicating that more politics than government has taken place. He addressed the Councilmembers public support of the recall indicating he felt it to be inappropriate. He stressed the need to work for the good of the Community. PAGE TWENTY-FOUR - CITY COUNCIL MINUTES -- JANUARY 26, 1993 .y 9) The Council Policy Manual noting the areas for which policies were never adopted. He addressed the Code of Ethics section and appropriate dealings with the press. He further addressed the section pertaining to disciplinary procedures and reprimands. He also addressed what he believed to be inappropriate actions by the Council. 10) Suggested that the Council prepare a letter of censure or reprimand to Councilman Alongi for an unauthorized press release. City Attorney Harper advised that he had need for a closed session THE CITY COUNCIL MEETING WAS RECESSED AT 10: 34 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11: 15 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY TO DISCUSS MATTERS OF PENDING LITIGATION WITH GURROLA AND PARKER AT 11: 16 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:40 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:21 P.M. GARY WASHBURN, MAYOR CITY OF LAKE ELSINORE AT EST: SAD, CITY C ERK CITY OF LAKE ELSINORE MINUTES JOINT SPECIAL MEETING CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 21 1993 CALL TO ORDER The Joint Special Meeting was called to order by Mayor Pro Tem Dominguez at 5: 00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI , CHERVENY, WINKLER, DOMINGUEZ ABSENT: COUNCILMEMBERS/BOARDMEMBERS: WASHBURN Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator Wood, Director of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. MAYOR PRO TEM DOMINGUEZ TURNED THE CHAIRMANSHIP OF THIS MEETING OVER TO REDEVELOPMENT AGENCY CHAIRMAN WINKLER. PUBLIC HEARING 1 . City Center Development - Owner Participation Agreement with Oak Grove Equities and Disposition & Development Agreement with Walmart. Resolution No. 93-4 . (F: 134 . 7) City Manager Molendyk explained this item and detailed the location and request for funding. He further explained that if sales taxis to be used the preference would be toward and arrangement where the first $200, 000 comes to the City, the second $200, 000 goes toward retiring the debt, and after that equally split between the City and the applicant. He also explained that the surplus dirt from this location will be used at a number of locations throughout the City and the rock will be used in the San Jacinto River Channel. Special Projects Coordinator Wood presented a packet of letters from the Chambers of Commerce of a number of other cities that already have Walmart in their community, noting that most comments are very favorable. He stated that he has reviewed all of the deals in the surrounding areas and the arrangement negotiated to date appears to be the best of all of them. The City Clerk reported no written comments or protests. Chairman Winkler opened the public hearing at 5: 08 p.m. , asking those persons interested in this item to speak. The following people spoke: Phil Williams, P.O.Box 519, Lake Elsinore, advised that he was representing some of the businesses in the Community and read PAGE TWO - JOINT SPECIAL MEETING - FEBRUARY 2, 1993 the names from a petition he had circulated. He indicated that while they were not against Walmart, they are against the use of sales tax to repay the loans. He requested that if this is agreed to, the same consideration be given to the other businesses in the City. He addressed the packet of letters presented by Mr. Wood, indicating that in his understanding, the City of Redlands is somewhat disappointed in their Walmart, as the revenue was far less than expected and another Walmart was constructed in the vicinity. He stressed the budget constraints the City is already facing, and that the businesses only want to be treated equally. He further stressed that existing businesses are struggling to compete with the Outlet Center and survive the construction work on Mission Trail and its impact on the Christmas buying season. He also stressed the existing number of vacant commercial buildings in the City. Ben Butterfield, Manager of Sav-on, advised that he has been with this company for 42 years and in the City since 1981, but stressed that he has not been involved in City politics before. He expressed concern with the impact of Walmart on the existing businesses and emphasized the current commercial vacancy rate. He detailed a situation in Ridgecrest where the Sav-on closed after the opening of Walmart. He further advised of a 20/20 news report that Walmart was using child labor and falsifying records to cover themselves. He commented that he doesn't feel the community is large enough to support Walmart. Tom Hundshamer, Chamber of Commerce President, advised that he had done an informal phone survey of businesses which showed 60% in support of Walmart, 35% in opposition to Walmart and 5% with no opinion. He noted that comments were received such as "o.k. as long as they pay their own way" , "will hurt small retailers" , "good for business", "more jobs". He further advised that he had also called chambers of commerce in other cities including Hemet, Corona, Banning, Perris, indicating that the comments in the communities where the stores are open have been positive. He listed the businesses polled. Dick Knapp, commented that the people polled by the Chamber of Commerce were not representative of the types of businesses that would be impacted. He suggested that had that group been polled the opposition would be more like 90%. Wayne Clement, expressed concern with the use of tax dollars to compete with existing business. He indicated that all small business people in the City will be impacted. Dolores Mayhall, 138 N. Main Street, advised that she would not be directly impacted by Walmart, but her customers will be hurt. She further advised that many people do want Walmart, but they feel Walmart should pay like all of the other businesses. Dolores, Bookkeeper for Seers Lumber, commented that she feels Walmart would not be welcome in the City. She questioned the benefits provided to Walmart employees. Mark Ostoich, representing Walmart, advised that they provide a complete, competitive benefit package. Dolores indicated that their employees are paid well and she sees no need for a Walmart. PAGE THREE - JOINT SPECIAL MEETING - FEBRUARY 2, 1993 Mr. Gatlin, representing Walmart and Oak Grove Equities, addressed comments from this meeting. Regarding the Redlands store, he advised that most stores are at least five miles apart, based on trade area figures; he also noted that the sales taxes were not as high as expected because the entire center did not open at once. Regarding the possibility of a store in Temecula, he noted that the infrastructure is already in and they have an agreement that a portion of the sales tax has been earmarked to pay back for the infrastructure. Regarding the comment that 60% of the businesses will go out, he indicated a few stores might go out, but they were most likely marginal businesses before Walmart came to town. He stressed that Walmart, K-Mart and Target all have similar impacts in this regard. He stressed that the potential exists that they would not locate in the City and the City would loose all of the potential sales tax to Wildomar or another area. He detailed the $4 million in requested assistance. He stressed that Walmart found the location and approached to City to make it work. He stressed that "going somewhere else" is not the answer, as five miles down the road would not make a difference. He also noted that Walmart will need to hit $20 million in sales to recoup their own investment in the project and they will strive to do so. Rick Zwiefel, 101 S. Main Street, commented that he has watched the previous Redevelopment Agency Board function and spend money on Main Street. He further commented that he has seen them do nothing to maintain their investment. He indicated that a number of businesses are moving out of the Outlet Center. He questioned the ability of Mayor Washburn to vote on this issue based on previous dealings with this project. Chris Hyland, expressed concern with bringing "discount houses" into the community. She suggested that all of the residents don't spend money in discount houses. Edith Stafford, expressed concern with spending Redevelopment Agency funds on Walmart, K-Mart, etc. , noting that she feels the Board continuously spends money for projects that do not return anything to the fund. She further expressed concern with the amount of money being spent on Consultants and Studies. She suggested that it should be spent on more viable projects with reasonable returns. She stated her objection to the way the City does business. Dick Knapp, questioned the mini mall at the intersection of Railroad Canyon, and suggested an alternate location which would be flatter for development. He questioned who is benefitting from this project. The public hearing was closed at 5: 43 p.m. Chairman Winkler questioned the option of using tax increment. Administrative Services Director Boone detailed earlier budget discussions this date and the possible cuts which may be taken and noted that Walmart sales tax would allow the City to recoup the money anticipated to be lost. He suggested an alternative might be use of tax increment from Project Area II . PAGE FOUR - JOINT SPECIAL MEETING - FEBRUARY 2, 1993 City Treasurer Pape requested clarification of the anticipated income from Walmart. Special Projects Coordinator Wood advised that the fiscal impact report shows tax increment and sales tax of $10 million in the first 10 years, based on statistics at the time of the study. He noted that this report appeared to be very conservative. Chairman Winkler questioned tax increment further inquiring whether more could be retained in the City after the State adjustments. City Attorney Harper clarified that it is expected that the State will not be able to take the funds committed to bonded indebtedness. He indicated that if tax increment is committed to this use it would appear to be less touchable by the State. City Attorney Harper inquired whether the tax increment method could fund the debt service. Mr. Wood advised that the tax increment would be in excess of $200, 000 per year. Boardmember Cherveny questioned how much would be required per year. Mr. Wood clarified in general terms. Mr. Harper indicated that depending on the direction from the Board, it might be appropriate to take the debt service out of tax increment to free up sales tax. Mr. Wood further clarified that the pay back will not start until the first store opens. Boardmember Cherveny advised that she has spoken with the applicant, as well as several businesses in the Community, and stressed the need for a well rounded approach. She commented that she thinks Walmart would be great for the community, but agreed with the business owners that it is not a good idea to use sales tax. She suggested that she would support tax increment over cutting into the sales tax. She also suggested that other sites might also work. She stressed that based on what she has heard sales tax is the only thing the City has left to operate. She questioned the tax increment option further. Chairman Winkler addressed the proposed location for Walmart and stressed that this location and the intersection of I- 15/Hwy 74 are really the only key commercial areas left. He stressed the improvements made through Pardee on Railroad Canyon Road. He commented that he also does not like to use sales tax either, but sometimes it is necessary. He noted that Redevelopment Agency funds have been used previously to help entice the Outlet Center, K-Mart and Rancon. He further noted that Redevelopment Funds have been spent on Main Street and will assist those businesses in the long run. He suggested that it is important to take aggressive action and try not to turn down a retailer at a key location. He concurred that it would be better to use tax increment so sales tax is not lost, but allow for sales tax as a back-up. He questioned the ability to develop a formula for this approach. City Attorney Harper advised that it would be necessary to redraft the agreement and return for further consideration. Mr. Gatlin, representing the applicant, requested a two week continuance to allow for re-evaluation of the situation. He also noted that they found this to be a key location, as it will draw from Canyon Lake and Temecula. PAGE FIVE - JOINT SPECIAL MEETING - FEBRUARY 2, 1993 City Attorney Harper commented that most of the fees for which assistance is being requested go to the Water District, not the City. Mr. Gatlin further commented that the sales tax option was pursued because it is more self-regulating and encourages efforts to gain higher sales. Chairman Winkler inquired whether a continuance to February 9th would be adequate. Mr. Gatlin indicated he was not sure this would be adequate. Boardmember Cherveny requested that all future meetings on this subject be regular rather than special. City Manager Molendyk suggested that this item be continued for three weeks to allow for agendizing. Chairman Winkler indicated that he would support the package as is if the tax increment will not work. City Attorney Harper asked that the public hearing be reopened prior to continuance. Boardmember Dominguez advised that he has no problem with the project, but noted as a small businessman, location is 75% of the business. He noted previous concerns with competition between markets which really did not become issues. He stressed that this location was chosen by Walmart after much analysis. He commented that he doesn't feel this project will put anyone out of business, only provide competition. Boardmember Cherveny requested clarification of Mr. Dominguez 's position on the use of sales tax. Mr. Dominguez indicated he would support the package as presented. Boardmember Alongi advised that if this item is continued, at the next meeting he would like a new elevation showing where the dirt will go and information as to whether the Corps of Engineers has been consulted on the sites. He also inquired whether the City would be charged for the rock from the site and how much would be lost by small businesses, noting he wants information from businesses which have related services and products. He stressed that the improvements to be provided are strictly to service Walmart and do not serve the entire community. He inquired whether the City's bonded indebtedness is forgiven by the State. He noted that K-Mart was a good investment and was paying off very well for the Community. He expressed concern in competing with K-Mart after the Redevelopment Agency assisted them. He stressed the need to assist smaller businesses. He suggested more developments like Rancon which used a CFD with repayment through Redevelopment Agency funds. He indicated that the Outlet Mall is marginal because they have not done what they anticipated. He further indicated that Main Street was done to create an image for City Hall. He agreed that the location was a good choice for Walmart and agreed with Boardmember Cherveny that it is not fair to ask that the Redevelopment Agency pay to prepare a site to build on for the developer. PAGE SIX - JOINT SPECIAL MEETING - FEBRUARY 2, 1993 City Attorney Harper clarified the bonded indebtedness and the potential cuts at the State level in the upcoming budget. He also clarified that a CFD is an alternative, however he was uncertain as to Walmart's position on this type of District. Boardmember Cherveny questioned the potential of a CFD. Mr. Wood indicated that this was a possibility for infrastructure, but the applicant prefers to advance the money and be paid back over a period of years. Boardmember Cherveny requested that the final agreement include a "continuous operation" clause to ensure that they would remain in the building for the full term of the agreement. Mr. Gatlin indicated this tends to be a self regulating situation. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REOPEN THE PUBLIC HEARING AT 6: 20 P.M. AND CONTINUE THIS ITEM FOR THREE WEEKS TO FEBRUARY 23, 1993 . BUSINESS ITEM 2 . Appointment of Planning Commissioner. (F: 60.2) Councilman Winkler indicated that this appointment was to be done by the Mayor with Council concurrence, and since the Mayor was caught in traffic and unable to attend, it needed to be postponed. Councilwoman Cherveny indicated that she had reviewed the applications received and suggested the Mr. Schiffner would be a good Commissioner. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE JOINT SPECIAL MEETING AT 6:2-5 P.M. FRED DOMI 6�rZUE , MA OR PRO TEM CITY OF LAKE ELSINORE AT EST: UASAD, L'IT'1. CLERK CITY OF LAKE ELSINORE MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY WORK SESSION CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 21 1993 CALL TO ORDER The Joint City Council/Redevelopment Agency Work Session was called to order by Mayor Pro, Tem Dominguez at 3 : 05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, CHERVENY, WINKLER, DOMINGUEZ ABSENT: COUNCILMEMBERS/BOARDMEMBERS: WASHBURN Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, City Planner Christen, Community Development Manager Shear, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. DISCUSSION ITEMS -- 1. State Budget Overview. (F: 36. 1) 2 . Impact on Local Government. City Manager Molendyk introduced Doug Ayres, Management Services, Inc. , indicating that he would provide information on the potential shifts in State budgeting over the next few years and alternatives for generating new revenues. Doug Ayres congratulated the City Council for being in the top 1/3 of the cities in the State and looking forward to anticipate cuts and find solutions to them. He presented his credentials as a point of reference and commented on the economies of the Federal and State deficits and their impacts on local government. He noted that Proposition 13 had paralyzed the political systems. He stressed the limited public works accomplished under the last four governors and the resulting lack of credibility of elected officials. He further stressed that the State is in a survival mode because of the term limits and the new found competition from local governments. He indicated that speculation on the Governor's upcoming budget shows it to be approximately $10 billion out of balance. He further indicated that it is anticipated that the legislature will probably allow an additional 1/2 cent of sales tax and take the rest of the property tax and vehicle in-lieu fees over the next few years. He further noted that the State will most likely have access to most funds excluding third party debt. He indicated that the economy will not materially improve in the near future, however it will improve in the long term. Mr. Ayres suggested if local governments are to survive the current economic times, steps should include, 1) secure short term revenue sources, 2) rebuild credibility by continuing to provide the services, 3) make special benefit recipients pay full cost, and 4) PAGE TWO - JOINT WORK SESSION MINUTES - FEBRUARY 21 1993 maintain quality staff to address the future. He stressed the need to require payment for services over and above those provided to the general public. City Manager Molendyk reminded Council of the cuts already passed down by the State this year and stressed the need to restructure local government. Councilman Winkler commented on the work done in 1986 to restructure the fees for the City and assumed that these have been appropriately updated. He questioned, based on this information, where the City should go from here. Mr. Ayers indicated that detailed analysis of general benefit versus special benefit services would need to be done and based on that the Council would need to make hard decisions, including non- resident/resident fees and other revenues such as utility user taxes. Councilman Winkler addressed Mr. Ayers comments regarding maintenance of quality*p936Xsta the tendency to address staff salaries as an off-set of the costs. Mr. Ayers clarified the limitations and abilities of the Council. Mr. Winkler further addressed prior discussions regarding a police tax and the impact he felt it had on the recent election. Mr. Ayers commented that the Council needs to decide if they will "sink with the ship" . He stressed that this is not an easy situation. Mr. Ayers further commented that the public still feels the funds are available and this is why cities must seek to reestablish credibility, while at the same time requiring that residents pay for services received. City Treasurer Pape addressed alternatives to increasing revenue and inquired whether a natural resource related tax would be possible. Mr. Ayers indicated that a mineral excise tax was a possibility. City Attorney Harper indicated that this would be more likely in a Charter City. Mr. Ayers indicated that this has been handled more as a zoning issue in other circumstances. Councilman Winkler commented on the potential for continuing the existing 1/2 cent sales tax and expressed concern with the impact on area merchants. Mr. Ayers indicated that with the current transportation system, an additional to or 1/2% is not a big concern. Councilwoman Cherveny requested examples of short term alternatives. Mr. Ayers indicated that Assessment Districts, or a program to ace the state out of the money are possibilities. He commented on the alternatives available to charter cities over general law cities stressing increased local control. City Manager Molendyk commented that it is appropriate to address a short term plan, but stressed the need for a total restructuring in the next few years. He indicated that staff would be updating the previous work on fees, but it is still necessary to look for new revenue sources. Mr. Ayers addressed utility users taxes as a quick way for more funds, but expressed concern that the balance of services to revenues has not been properly done in other communities. Mayor Pro Tem Dominguez questioned special assessments and whether they can be justified. Mr. Ayers indicated that he was assured they could be justified. PAGE THREE - JOINT WORK SESSION MINUTES - FEBRUARY 2, 1993 City Manager Molendyk addressed the cuts of the last two years including the lay-offs, cuts in capital expenditures, etc. and suggested that the thought process for budgeting needs to be adjusted. ADJOURNMENT The joint work session was adjourned at 4:22 p.m. ���✓-✓-=� ram., FRED DOMINGU ZE , MAYOR PRO TEM CITY OF LAKE ELSINORE ArDrEST: VICKI YJNS;hD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 9, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, City Planner Christen, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Molly Lorez . (F: 122 . 1) Mayor Pro Tem Dominguez read the Proclamation and presented it to Miss Lopez . Miss Lopez thanked the City Council for this recognition and their support. She commented on her past experiences with Student Government Day and the motivation it has given her to pursue her interests. PUBLIC COMMENTS - AGENDIZED ITEMS None requested. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4 . MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Work Session - City Council/Redevelopment Agency - January 19, 1993 . (F: 44 . 4) PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 b. Regular City Council Meeting - January 26, 1993 . (F:44.4) 2 . Received and ordered filed the Building Activity Report for January, 1993 . (F: 32 .2) 3 . Received and ordered filed the Code Enforcement Activity Report for January, 1993 . (F: 54 . 1) 5. Ratified Warrant List for January 29, 1993 . (F: 12 . 3) 6. Rejected and referred to Claims Administrator the Claim submitted by Earlie Clendion (CL #93-1) . (F: 52 .2) 7. Approved Subordination Agreement with Alberhill/Bank of America. (F:68. 1) ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activity Report - January, 1993 . (F:32.4) Councilman Alongi questioned the status of the abatement process on the Ambassador Hotel and whether it had been removed from the program. City Manager Molendyk indicated that it had been brought up recently by the Council that this building should be considered a historical building. He requested clarification of Council's direction on the building and how staff should proceed. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR JANUARY. 1993 . Mayor Washburn commented on the history of the abatement program and its success to date in upgrading the older buildings of the community. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Award of Contract for Thrie Beam Barrier - Robb Road at Coal Road - Modern Alloys, Inc. (F: 156 . 2) City Manager Molendyk explained this item, noting that there would be a 50/50 split of costs between the City and the Edison Company. Mayor Washburn requested clarification of the name of the company being awarded the contract. Public Services Director Tecca indicated that the contractor would be Modern Alloys, Inc. and clarified that a "Thrie Beam Barrier" is a standard Caltrans term. Mayor Washburn inquired how well the curve would be lit. Mr. Tecca indicated that there would be one high pressure sodium light per power pole, producing substantial lighting. City Manager Molendyk noted the concerns with accidents in this area damaging power poles and major transmission lines interrupting power to the west end of the City. Councilman Alongi inquired who would be paying for the street PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 lights. Mr. Tecca indicated that Southern California Edison will provide the lights and 1/2 of the guard rail costs. He reemphasized the damage to power poles caused by serious traffic accidents. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO AWARD THE CONTRACT FOR THRIE BEAM BARRIER AT ROBB ROAD/COAL ROAD TO MODERN ALLOYS, INC. IN THE AMOUNT OF $38, 372. 50 . Councilwoman Cherveny commented that this was a non-budgeted item, but the revenue is from an excess of Gas Tax Funds. 32 . Outdoor Activity Permit 93-2 - TNT Bull Riding Event sponsored by the Lake Elsinore Valley Chamber of Commerce - February 28 1993 . (F: 67 . 3) City Manager Molendyk explained this item and noted that it would be a "major" activity rather than a "minor" one and advised that the appropriate changes have been made, and additional fees paid. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE OUTDOOR ACTIVITY PERMIT 93-2 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS LISTED BELOW. Councilman Alongi commented on this activity and noted that it has been going on since 1984 , and the lease has just been extended for 3 years. He noted the conditions placed on the original Conditional Use Permit in 1984 and stressed the "temporary" nature at that time. He also noted that the events have been expanded beyond the standard Rodeo activities. He commented on the change from a "major" activity to a "minor" one and indicated even though the changes have been made and the additional fees made the Code still calls for consideration 60 days in advance of the event. He suggested that the Council look at other arrangements with "major" status, and requested a work session as soon as possible to determine whether a Conditional Use Permit or increased capital improvements should be required. He indicated that this is owed to the residents in the area of the Rodeo grounds. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Findings 1. The proposed Outdoor Activity Permit is a temporary use and is a Class 4 (e) exemption under the California Environmental Quality Act (CEQA) . 2 . Adequate conditions and safeguards pursuant to Section 17 . 98. 060 of the Lake Elsinore Municipal Code have been incorporated into this approval of the Minor Temporary Outdoor Activity Permit to insure that the use is carried out in a manner envisioned by these Findings for the term of the temporary use. 3 . The proposed temporary use will not be detrimental to the general health, safety or welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or City. PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 Conditions 1. Prior to the start of any grading, the applicant shall obtain all necessary grading permits from the City. 2 . Prior to the commencement of operations, the applicant shall submit all binders of Liability Insurance naming the City of Lake Elsinore as additional insured. 3 . Prior to the commencement of operations, the applicant shall obtain all applicable building and electrical permits from the City for the inspection of all structures and electrical equipment. 4 . Prior to the commencement of operations, and no later than February 26, 1993, the applicant shall call the Building Division for a full site inspection. 5. Prior to the commencement of operations, the applicant shall comply with the following requirements: a. Meet all applicable Health Department requirements. b. Obtain all required health permits for food service by February 26, 1993 . C. Provide grease holding and disposal method to the County Health Department by February 26, 1993 . d. Clean and screen food booth by February 26, 1993 . e. Provide adequate drinking water facilities for the public by February 26, 1993 . f. Provide adequate public restroom facilities for both male and female by February 26, 1993 . 6. Prior to the commencement of operations, the applicant shall install improved lighting at both sides of the crosswalk and provide additional lighting to the parking lot across the street by February 26, 1993. 7. Prior to the commencement of operations, the applicant shall submit clear and chalk the parking aisles and emergency lane by February 26, 1993 . 8 . Prior to the commencement of operations, the applicant shall submit plans illustrating parking aisles and provisions to maintaining traffic flow. 9. Prior to the commencement of operations, the Applicant shall post "No Alcohol" signs in all parking areas. 10. Prior to the commencement of operations, the applicant shall indicate the location of the First Aid Station/Information Booth. 11. Prior to the commencement of operations, the applicant shall submit information to the City by February 26, 1993 , that a security agency will provide at least ten (10) employees, and that there will also be volunteers for traffic control and PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 these personnel will be issued orange vests. In addition these personnel are to be informed of the basic operations of the parking layout and Traffic Control Plan. 12 . Prior to the commencement of operations, the applicant shall clear and grade the carnival area of all rocks and ensure that all electrical cords are covered. 13 . Applicant shall maintain a cellular telephone for emergency use (Temporary telephone booth) . 14 . Parking shall be prohibited on both sides of Franklin Street adjacent to the event. Temporary "No Parking Any Time" signs shall be posted on barricades placed not more than 150 feet apart between a point approximately 1, 000 feet west and east of the entrance. These are to be maintained for the duration of the event. 15. The entrance to the parking lot, or lots, shall be clearly marked so that all motorists will know where to enter and exit the parking lot. 16. If the open area across Franklin Avenue is to be used for parking, the Franklin Avenue side is to be roped off so that pedestrians are funneled to cross only at the crosswalk. If a large number of pedestrians are generated at any time, some sort of attendant traffic control will be required to stop vehicles when pedestrians need to cross the road. 17. All signs and barricades are to be provide, installed and removed by the applicant. Removal shall occur no later than the following day after the event. 18. The applicant shall remove all trash and debris that results form the event, and from the street right-of-way on Franklin Avenue and on Casino Drive. 19. Grading of the rodeo ground shall be minimal and no alteration of the existing contours shall be permitted. 20. Prior to the commencement of operations, the applicant shall comply with the following provisions: a. Provide access for emergency vehicles. 1. A designated 12-foot fire lane around the perimeter of the carnival grounds shall be maintained at all times. 2 . Provisions must be made for the ingress and egress of emergency vehicles to and from the rodeo grounds due to the possibility of vehicular traffic backing up disabling emergency vehicles to access. 3 . All brush, weeds, litter and similar combustibles shall be cut and removed from all parking areas no later than February 26, 1993 , and a thirty-foot (301 ) wide disked area shall be provided around the entire perimeter of all parking areas. 4 . Prior to the commencement of operations, the applicant shall request a fire safety inspection conducted by the County Fire Prevention Staff. PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 21. Upon approval of the Minor Temporary Outdoor Activity permit, the applicant shall present proof that he/she has complied with all conditions herein contained to the Planning Division no later than 3 : 30 p.m. , February 26, 1993 . 33 . Lake Aeration - Temporary_Use Permit. (F: 92 . 1) MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH REDEVELOPMENT AGENCY ACTION ON THIS ITEM. 34 . Planning Commissioner Appointment. (F: 60 . 2) Mayor Washburn explained that there was currently a vacancy on the Planning Commission because Commissioner Sellevold had resigned to relocate out of State. He advised that seven applications were received from Larry Bowen, Jeff Brown, Will Buck, Bill Duncan, Robert Magee, Robert Schiffner and Al Wilsey. He advised that he had been in contact with a number of the applicants and based on the applications recommended Al Wilsey be appointed to the current vacancy. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE APPOINTMENT OF AL WILSEY TO THE UNEXPIRED PLANNING COMMISSION CONTINUING TO JUNE, 1994 . PUBLIC COMMENTS - NON-AGENDIZED ITEMS Tom Hundshamer, Chamber President, 132 W. Graham, thanked the City Council for approval of the Bull Riding event; and noted that they will be applying for a Conditional Use Permit and suggested that capital improvements be discussed at that time. He further noted that the permit should have never been left to lapse. He detailed the upcoming Chamber Calendar of Events including the Winter Carnival - February 11-14 , Mixer - February 25th, Bull Riding Event - February 28th and a Golf Tournament - March 4. He encouraged the public to participate in these event. Donald Foster, 29250 Northpointe, addressed the recall election, noting he is a recent resident, but has followed the progress of the Community for quite some time and based on the progress choose to relocate to the City. He stated his opposition to the recall indicating that the Mayor was duly elected and should be allowed to serve his full term. He noted points of agreement and disagreement with recent Council issues and suggested that there cannot be agreement on every issue before them. He reminded the Council that the future of the Community depends on their ability to work together and proceed with business. Chris Hyland, 15191 Wavecrest Drive, advised that she does have documents to back up the statements which have been made about Councilmembers. She read from a document obtained from the Federal Bankruptcy Court in Los Angeles, which was a declaration indicating that Mayor Washburn was a broker rather than a sales agent. She indicated that it was not possible to correct a perjury and expressed concern with the continued service by Mayor Washburn. She addressed the recall underway and criticized the Mayor's efforts to fight it. She questioned statements pertaining the possibility of losing the future ownership of the Lake. Chris McColley, 29072 Palm View, supported the Mayor and opposed PAGE SEVEN -- CITY COUNCIL MINUTES - FEBRUARY 9, 1993 the Recall. She detailed her involvement with regard to a project being planned and the comments received from recall proponents indicated that the project was a done deal because payoffs had occurred. She further detailed her contact with the City Council and their willingness to involve her in the process and allow here input. She indicated that she feels Mayor Washburn is interested and concerned with the welfare of the community and holds similar views and goals to a large number of the residents. She suggested that the residents turn negative energy toward efforts to better the community. Gerald Cherveny, 1409 W. Sumner, advised that he is Councilwoman Cherveny's husband but is stating his own opinions. He addressed Councilmembers Dominguez, Washburn and Winkler regarding the removal of Councilwoman Cherveny as the Redevelopment Agency Chairwoman. He stressed Councilwoman Cherveny's efforts to participate in the political process, get information out to the Community and make here political views known. He stressed that the Council would not be able to intimidate Councilwoman Cherveny or any other residents of the Community. Bill Duncan, 29700 Hursh, advised that he is the proponent of the recall against Mayor Washburn. He addressed comments by the Mayor regarding the recall supporters and suggested that the Community needs to proceed with the recall to correct negatives regarding the Lake, the Levee and high bond debt. He stressed that the recall proponents care as much or more about the future of the Lake. He stated that the residents have shown their desire for change with the recent election, and continued to indicate that the removal of Chairwoman Cherveny brought out the need for additional changes. He commended Councilmembers Alongi and Cherveny as being a "breath of fresh air" for the Council. CITY MANAGER COMMENTS City Manager Molendyk commented on the recent Sheriff's Department Awards Ceremony and noted that the Lake Elsinore Station received three awards and suggested that Council might want to give local recognition. City Manager Molendyk announced the need for a Joint Closed Session to discuss matters of potential litigation. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1) He would not addressed the Recall. 2) Took exception to the comments of Mr. Foster regarding Low Income Housing, noting the misunderstandings associated with this concept. 3) Investigation by the Fair Political Practices Commission, on which the case has been closed. 4) Future development on Teepee Ranch property which will include a gas station and shopping center, noting that he had no contact with this project. 5) Attendance at the Sheriff's Awards Ceremony, noting that three local people were recognized and suggested a congratulatory letter be sent out. PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 6) Acknowledged two letters received regarding the Environmental Impacts of the Laguna Heights Project and the Walmart Project. He noted that the Council is aware of and considering the environmental issues with Laguna Heights; and suggested that prior to comments on Walmart, residents should attend the meetings and find out the facts of the issue. 7) Recent meeting held to plan projects for next year's C.D.B.G. funding. 8) Corrected previous statement indicating that the L.E.A.F. report presented each month includes only statistics for services to the City of Lake Elsinore 9) Chamber of Commerce issue, noting his concern is because the general plan zoning for that site is now high density rather than commercial. He further noted that he doesn't feel in conflict even though this is in his area, because it impacts all of the residents in the area. Councilwoman Cherveny commented on the following: 1) The signals at Robb/Grand/Lake/Lakeshore intersection and questioned when they would be operational; also status of traffic signal on Mission Trail. Public Services Director Tecca detailed the work remaining for the Robb/Grand/Lake/Lakeshore intersection and advised that the traffic should be split and the light operational by March 1st. He further explained that the contractor for Mission Trail had blown a transformer for this signal and subsequently had to replace not only the transformer, but also a high power transmission line. He indicated that light should be functional by February loth. 2) Save our Kids, indicating they are working on a fundraiser Yard Sale and would appreciate assistance from someone with a pick-up truck. 3) Misinformation regarding transfer of the Lake, noting that regardless of the outcome of the March 30th Election, the Council will continue to ensure the best efforts to complete the transfer. 4) Comments of Ms. Matthies at the previous Council meeting, advising that the Lake would not be free and detailing the associated costs for the Lake Management Project and future operations. She further advised that efforts are being made to develop an acceptable economic plan. Councilman Winkler commented on the following: 1) Comments of Mr. Foster, noting the disagreements with issues important to each Councilmember and thanked him for his comments, advising he would personally reflect on them. 2) Differences between Councilmembers on the previous Council and the ability to continue to work together and with the water district in spite of those differences. He noted that he did support the re-election attempts of all three Councilmembers even though some deep wounds had occurred. PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 91 1993 3) Negative force in the Community, noting that seven years ago when he originally ran for election, those with positive approaches were the top three vote getters. He noted that 'the previous Council had chosen not to respond to much of the negative information provided and in turn ` lost the election. He stressed that Mayor Washburn has responded to much of the information disseminated. 4) Comments of Chris Hyland regarding court documents, noting that law offices do make errors, and there is a letter which corrected the information. He expressed concern with allegations which are made without contact to the individual involved to determine the facts. 5) F.P.P.C. comments by Councilman Alongi, indicating that this clearance is good for the Council. He further indicated that just by sitting on the Council, there is a tendency to draw allegations and criticisms. He further noted that the similar allegations against Mayor Washburn had been dismissed as well. 6) His willingness to vote for Mr. Washburn in the last election, in spite of a negative newspaper that came out just before the election. He stated that he stood behind the Mayor then and continues to do so. 7) Comments of Mr. Duncan regarding the Lake and the Levee, suggesting that the residents look at the supporters of the Recall. He addressed previous delays with the Lake Management projects, particularly noting the Recall of Water Boardmember Joe Randall with Mr. Duncan as proponent, criticism of the Water Board and City Council and litigation involving Edith Stafford against the Water District and the Bureau of Reclamation. He emphasized the impact of these efforts on the progress of the project and stressed the efforts of legislators to keep the project' moving. He suggested that without those delays the outflow channel would be complete by now. 8) A flier distributed over the weekend, and encouraged residents to know who is behind the recall effort. Mayor Pro Tem Dominguez commented on the following: 1) Presentation to Molly Lopez, congratulating her for her achievements and expressing his pride in her efforts. Mayor Washburn commented on the following: 1) Molly Lopez's attendance at the Inauguration of the President and her efforts to participate in an internship in Washington D.C. 2) Trauma Intervention Program, suggesting that interested residents contact the City Clerk's Office to express interest in participating. 3) The importance of the Lake Management Project, noting that the current lake level is approximately 1250.8' and rising. He also noted that the City is anticipating AL PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 9, 1993 additional water and working to ensure adequate flows in the outflow channel to accommodate it. He concurred that without some of the delays mentioned by Councilman Winkler the Outflow Channel would be complete, advising that he testified in Washington, D.C. to keep the project moving in previous years. 4) Collection of debris in Wasson Creek, advising that the engineer is working to have it cleared adequately. 5) Transfer of the Lake at no cost to the City, clarifying that the State will not charge the City for the Lake, however there are associated costs to provide improvements and recreational facilities to make the Lake an Enterprise Account to fund itself. 6) Information brought forward by Recall proponents, noting that the court case noted in Bankruptcy Court was his client and he represented the attorney who represented the client. He further noted that clarifying documents have been provided to the press. 7) The Lake and the ability to acquire it, commenting that he has worked hard for this transfer. He stressed that the 1980 floods were the catalyst for change and his feeling that the lake will bring dollars to the Community and be a positive asset for the City and its residents. THE CITY COUNCIL MEETING WAS RECESSED AT 8: 06 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9:05 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD TO DISCUSS MATTERS OF POTENTIAL LITIGATION AT 9:06 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10: 15 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY CO IL MEETING AT 10:15 P.M. �- lARYu WASHBURN, MAYOR CITY LAKE ELSINORE A TEST: V CKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES JOINT WORK SESSION CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 16, 1993 CALL TO ORDER The Joint Work Session was called to order at 3 : 05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER (Mayor Washburn arrived at 3 : 10 p.m. ) ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Administrative Services Director Boone, Community Services Director Sapp, Public Services Director Tecca and City Clerk Kasad. DISCUSSION ITEM City Manager Molendyk updated the Council on the recent storms and assistance available to residents. He also noted particular areas of concern such as the airport, and single-family homes along the lake shore. Councilman Winkler inquired whether an evacuation plan was in place for the airport. Staff confirmed that this had been addressed. City Manager Molendyk commented on the improvements in place in the inflow channel and noted the difficulties in proceeding with work on the outflow channel due to private ownership. He explained that as the storm water runs off the level will continue to be impacted. He noted that the City could assume some level of liability by pumping or diverting water. Councilman Winkler inquired whether homes were in danger of flooding adjacent to the outflow channel. City Manager Molendyk indicated that the impact would be basically the same whether the City acts or not. Councilwoman Cherveny inquired how far the outflow channel will go. City Manager Molendyk indicated that it would go to approximately Riverside Drive. Mayor Pro Tem Dominguez inquired which bridges would be part of the final project. Public Services Director Tecca indicated they would be at Limited, Sumner, Heald, Chaney and Collier. City Manager Molendyk noted that liability may exist if the City diverts water and houses are impacted. Public Services Director Tecca explained that if the lake rises and floods homes, they would be covered by FEMA, however, if the City diverts the water it assumes liability. He further explained that work is being done to clean the channel and protect properties. PAGE TWO -- JOINT WORK SESSION MINUTES -- FEBRUARY 16, 1993 City Manager Molendyk explained that the options for dealing with the storm at this point are 1) complete cleaning channel and let nature take its course and 2) use pumps to move water (realizing liability increases) . He 'further explained the opportunity to declare a local emergency and pursue a permit to continue with clearing the channel. Councilman Winkler inquired whether meetings had been held with Mr. Laughlin of EVMWD and Mr. Edwards of the Flood Control District. Mr. Molendyk indicated that he had been unable to contact them. Public Services Director Tecca advised that he had been in contact with Mr. Stump of the Flood Control District and he indicated that the lake currently has 91, 300 gallons to date and the capacity for 45, 000 more to reach 12611 . Councilman Winkler suggested that contact be made with Supervisor Buster, the water district and the flood control district; possibly with a meeting occurring in the next 48 hours to allow staff to be prepared. Councilwoman Cherveny concurred. with this approach. City Manager Molendyk advised that staff is looking in to rental of pumps and other heavy equipment to have lined up; an evacuation plan is in place. Public Services Director Tecca noted that there is a problem downstream due to the flatness of the area around the outflow channel. He suggested alternatives to help drain this area. Mayor Pro Tem Dominguez stressed the need to have complete information regarding what would be allowed. Mayor Washburn agreed with the need for a meeting, but noted that by tomorrow it might be a moot point. He commented that he felt a local emergency is inevitable as the water will be here. City Manager Molendyk stressed the saturation point and indicated that staff was pursuing heavy equipment and lining up additional sandbags to address flooding. Environmental Refuse Collection. David Fahrion, representing CR & R gave a brief updated on work completed to date. He noted a full distribution of door hangars clarifying the new service, and a program for removal of old trash cans. He further noted that all customers should now have the new containers and CR & R will begin conducting field interviews to address. concerns. Mayor Washburn advised Mr. Fahrion that the Northpointe tract has not yet received their containers. Mr. Fahrion advised that some such problems are now surfacing and they will address this area. COUNCILWOMAN CHERVENY LEFT THE MEETING AT 3 : 30 P.M. Mayor Pro Tem Dominguez questioned collection downtown on the President's Day Holiday. Mr. Fahrion clarified that collection did occur and noted that they only observe the six major holidays. Mr. Fahrion further noted some problems with commercial collection and advised that they are being addressed. Mayor Pro Tem Dominguez addressed concerns with trash being collected in front of houses rather than in alleys. Mr. Fahrion noted problems with collection in alleys and advised that a PAGE THREE - JOINT WORK SESSION MINUTES - FEBRUARY 16, 1993 representative of CR & R is conducting a route survey in those areas. Councilman Alongi questioned signage at the Main/Peck intersection. Mr. Tecca indicated that this area is generally swept at night and signs would generally not be placed. Councilman Alongi further questioned signage at Heald/Main. Mr. Tecca explained that sign placement will start in the Avenues and should be complete by March 1, 1993 , with violations being cited on March 15th. David Fahrion gave a brief slide presentation on the Material Recovery Facility proposed to be built in Perris. He detailed the process already underway in Stanton and the applications which will be consistent in Perris. Mayor Washburn inquired how many boxes per day were being transported from Lake Elsinore. Mr. Fahrion indicated that it was approximately two boxes. Mr. Fahrion explained the sorting process and the compliance of this program with the AB 939 requirements. He further explained that the Perris facility is planned as a cooperative partnership between CR & R and the City of Perris. Mike Napolitano, City Manager, City of Perris, indicated that they will be using public financing through their Public Financing Authority. He noted that the costs were estimated at $15 to $25 million to accommodate 2, 000 tons per day. He explained that the financial consultant has everything ready to go except the contractual locks. He stressed the need for standing contracts to plan for repayment. He explained the transfer fees which will assist with road replacement and allow a margin of profit for the City. He noted that the facility could be built in 9 to 12 months. Mayor Pro Tem Dominguez questioned the partnership arrangement. Mr. Napolitano advised that the Finance Authority will sell bonds and the City will lease the facility to CR & R for a period of 25 years. Councilman Alongi questioned the necessary action from the City to allow the facility to be build. Mr. Napolitano explained that they are seeking a resolution as assurance to the bond underwriter. Councilman Alongi noted that the MRF is calle out in the existing cotract with CR & R. Mr. Napolitano explained that the resolution is a legal technicality. Councilman Winkler concurred that the Contract should be =, sufficient. Councilman Alongi noted the benefits for the City of Perris, but questioned the benefits for the City of Lake Elsinore. Mayor Washburn questioned the insurance rating on the bonds. Mr. Napolitano explained that the better the rating the better the bargains available for financing. Mr. Fahrion detailed the present collection rates for adjoining cities and county areas and detailed the services currently provided. He explained that the fluctuation in rates is due to the timing of the contracts in relation to the Consumer Price Index PAGE FOUR- JOINT WORK SESSION MINUTES - FEBRUARY 16, 1993 level. He advised that they anticipate the MRF being on line by July 1, 1994 . Mr. Napolitano offered input from the financial consultant if Council would so desire. Public Services Director Tecca noted that the MRF helps assure compliance with the Source Reduction and Recovery Element recently adopted by the Council. He stressed that this program is the only way to meet the AB 939 goals for 1995 and the year 2000. Mayor Washburn suggested that the financial information be conveyed to Ray Wood for presentation to the Council via the City Manager. Councilman Alongi stressed that he felt this issue was addressed in : the Contract. Mr. Tecca clarified that the MRF fee is under the Extraordinary Fee category Mr. Fahrion stressed that this is their effort to be up front about the costs related to the facility. Councilman Alongi inquired what the impact would be if no resolution is adopted. Mr. Fahrion expressed concern that it might cause problems in obtaining the financing. . Mr. Napolitano suggested that the adoption of the resolution would be a ministerial action. Councilman Alongi stressed that the main thrust of the contract was to process material and meet the 939 requirements; and there was no mention of further consideration. Mr. Fahrion advised that he was not aware at that time that this consideration would be necessary. Councilman Winkler indicated that information from the financial consultant would be helpful. Mr. Napolitano clarified that the City of Perris will already be getting the facility. He detailed the access routes and the jobs to be produced. He stressed the costs to the City to facilitate this facility. Mr. Fahrion further clarified that if the facility is not build, it might impair their ability to comply with the AB 939 requirements. ADJOURNMENT THE JOINT WORK SESSION WAS ADJQURNED AT 4 : 35 F.M. bG ARY WASHB�, MAYOR CIT O LAKE ELSINORE A TEST: c I VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 230 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Christen, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamations - Fire De artment Storm Rescue 1993 . (F: 127 . 3) Mayor Washburn commented on the rescue in which Fireman Jorge Rodriguez and Volunteer Fireman E. Ray Barnett participated in, explaining that five teenagers were rescued from the San Jacinto -River during the severe storms in January. He read each proclamation and presented them to the Firefighters. Mr. Rodriguez thanked the Council for the recognition and detailed the other agencies who assisted with the rescue. Mr. Barnett thanked the Council for this recognition and the opportunity to serve the Community. B. Proclamations - Sheriff's Department Citizen Awards. (F: 127.2) Mr. Chester Roberts & Mr. Charles Wyman were not present for presentation. Mayor Washburn read the proclamations detailing their heroic actions and commended them for their efforts. He noted that , the proclamations would be forwarded to the recipients. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items: Item Nos. 21, 31 and 36. PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 23, 1993 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 4 and 7 . MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council/Redevelopment Agency Work Session - February 2 , 1993 . (F: 44..4) b. Joint Special City Council/Redevelopment Agency Meeting - February 2, 1993 . (F:44 . 4) c. Regular City Council Meeting - February 9, 1993 . (F:44 . 4) The following Minutes were received and ordered filed: d. Planning Commission Minutes - December 16, 1993 . (F: 60. 3) e. Planning Commission Minutes - Jnuary 6, 1993 . (F: 60. 3) 1993 . (F:E60.T)lanning Commission Minutes -- January 20, g. Planning Commission Minutes - February 3, 1993 . (F: 60. 3) 3 . Received and ordered filed the Investment Report for December, 1992 . (F: 12 . 5) 5. Rejected and referred to Claims Administrator the Claims Against the City submitted by Velia Hernandez (CL #93-3) ; John Mayo (CL #93-4) ; and Lisa Scott (CL #93-5) . (F:52 . 2) 6. Approved Assignment of Project Agreements for Tuscany Hills Development Company/Bank of America. (F: 68. 1) ITEMS PULLED FROM CONSENT CALENDAR 2 . L.E.A.F. Animal Control Activity Re Dort - Januarv. 1993 . (F: 18 . 2) Councilman Alongi commented on the statistics for animals euthanized noting that they are continuously being reduced. He commended the Community for their efforts to bring these numbers down. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT - JANUARY, 1993 . 4 . Warrant List - February 12 1993 . (F: 12 . 3) Councilwoman Cherveny questioned expenditures for a trip to Sacramento by Mayor Washburn and Councilman Winkler and questioned the purpose of the trip and why the Council was not informed of the trip beforehand. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE TO RATIFY THE WARRANT LIST FOR FEBRUARY 12 , 1993 . PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 23, 1993 7. Acceptance of Grant Deeds for the Purpose of Easement Dedications for Various City Projects,. (F: 132 . 1) Councilman Alongi commented on this process and stressed that he does not feel the City will ever be going back into the water business. He further commented that he does not feel this is a necessary process and suggested deeding the rights to appropriate water districts. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ACCEPT THE DEEDS AND AUTHORIZE RECORDATION. PUBLIC HEARINGS 21. City Center Development - Owner Participation Agreement with Oak Grove E uities and Dis osition & Development Agreement with Walmart. Resolution No. 93-4. (F: 68 . 1) (X: 134 .7) -- MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE REDEVELOPMENT AGENCY MEETING. BUSINESS ITEMS 31. Downtown Business Association Request. (F: 34 .2) City Manager Molendyk advised that this item had been placed on the agenda at the request of Councilwoman Cherveny. Councilwoman Cherveny explained that she had been approached by members of the Downtown Business Association with a request to address Council and discuss the relationship between the City and D.B.A. Rick Warner, Board Secretary, Downtown Business Association, advised that he was representing the D.B.A. in absence of President Sam Jiron. He explained that they would like to open dialog between the Council and the' D.B.A. regarding the relationship with the City, past actions of the D.B.A. and current direction. He stressed the uniqueness of the downtown area. MOVED BY CHERVENY, SECONDED BY ALONGI TO HOLD A STUDY SESSION WITH THE DOWNTOWN BUSINESS ASSOCIATION ON MARCH 16, 1993 . Mayor Pro Tem Dominguez questioned what there was to discuss. Mayor Washburn expressed concern that this item had come to the Council with no direction or topics for discussion. Councilman Winkler indicated that he has had discussions with the D.B.A. Board previously and would be willing to talk with the members at any time, however, he was not certain what a Study Session would do. Councilman Alongi commented on previous legal situations between the Council and the D.B.A. which have not been resolved. He explained that a Study Session would discuss the reinstatement of fee collection in the downtown area, which impacts the ability to fund parades and other events. PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 230 1993 Councilman Winkler commented on the past legal issues and suggested that they would be more appropriately discussed in closed session. He further commented that he has had input from the D.B.A. previously and feels that dialog will continue. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. 32 . Cost Recovery Action for Demolition of Hazardous Structures 501 N. Main Street. (F: 32 . 4) City Manager Molendyk explained this item and detailed the cost of the demolition. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY OF EXPENDITURES IN THE ABATEMENT OF THIS HAZARD. 33 . Change Order No. 6 for the Rice Canyon Water Reservoir Storage Tank, Community_.Facilities District 88-3 . (F:22'. 3) City Manager Molendyk detailed this item. Councilman Alongi questioned the need to bring this change order before the Council, in that it is only a pair of gates. Steve Bolton, representing Keith Company & CFD 88-3 , explained that this gate became necessary after the project was - completed, to prevent access to the Canyon and vandalism to this facility. Councilman Alongi commented that this submittal for $1, 000 was not very professional and the contractor should have just done the work and walked away. Mr. Bolton clarified the public bidding procedure. Mr. Alongi further commented that this change order was not necessary. Councilwoman Cherveny questioned the cost of chain link fences and whether $1, 000 was reasonable. Mr. Bolton clarified the additional work that would be done to block off the Canyon. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 6 FOR THE RICE CANYON RESERVOIR STORAGE TANK IN COMMUNITY FACILITIES DISTRICT 88-3 . 34. State Budget Impact - Riverside County Fire Service. (F: 127 . 3) City Manager Molendyk summarized this item and explained the effort between the City and County to address the budget shifts. Administrative Services Director Boone advised that as of this date, of the nine Contract cities in Riverside County, 5 will have this resolution in place. He further advised that this resolution will be held until June 22nd to allow for revocation based on action on the State budget. Mayor Washburn requested clarification that this was a strategy to prevent some of the losses the State budget might cause. Staff confirmed. PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 23, 1993 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-7. RESOLUTION NO. 93-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THAT THE COUNTY OF RIVERSIDE NOT ASSESS THE CITY OF LAKE ELSINORE FOR STRUCTURAL FIRE PROTECTION PURSUANT TO SECTION 25643 OF THE CALIFORNIA GOVERNMENT CODE. 35. Disaster Relief Funds - Designation of Applicant Agent= Resolution No. 93-5. (F: 74 . 1) (X:81. 1) Public Services Director Tecca advised that he had attended a workshop regarding these funds with F.E.M.A. and the Office of Emergency Services this date. He indicated that the City can most likely expect a full reimbursement for expenditures and efforts by the City to assist residents. He explained the documentation that will be required prior to reimbursement. City Manager Molendyk inquired whether this reimbursement would cover all of the costs originally submitted. Public Services Director Tecca explained that the figures originally submitted were a very rough estimate within three days of the event. He further explained that a team will be out to review the projects and evaluate the final costs. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-5. RESOLUTION NO. 93-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING CERTAIN CITY OFFICIALS AS INDIVIDUALS AUTHORIZED TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER FEDERAL CIVIL DEFENSE ACT OF 1950 AS AMENDED (PUBLIC LAW 920, 81ST CONGRESS, 50 USC APP. 2251-2297) . 36. C.D.B.G. Grant Funding. (F: 84 . 2) City Manager Molendyk detailed this item and suggested that a work session might be appropriate to discuss the concerns with this funding raised by Councilmembers. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO SUPPORT THOSE PROGRAMS IT HAS IN THE PAST AND NOT ADOPT ANY NEW PROGRAMS, AND APPROVE THE FUNDING FROM THE 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT .� PROGRAM AS OUTLINED AND DIRECT STAFF TO FILE THE NECESSARY APPLICATIONS. Beverly Speak, representing Alternatives to Domestic Violence, reminded the City Council that domestic violence affects 50% of all relationships and the work of her organization are mandated by law. She detailed the statistics of domestic violence and of services provided to the City of Lake Elsinore. Councilman Alongi expressed concern that these funds were not divided equally last year. He addressed the additional funding provided to the Human Services Center mid-year and the PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 23, 1993 increasing demands being place on H.O.P.E. He stressed the services provided by H.O.P.E. and suggested that the City's non-profit corporation be used to channel the funds to the organizations equally. He further stressed that H.O.P.E. and the Human Services Center are equally important. Don Butenshon, representing H.O.P.E. , expressed concern with a call from Community Services indicating that H.O.P.E. would be funded through the Human Services Center. He advised that H.O.P.E. is the fastest growing volunteer organization in the Community. He stressed their independence from other organizations and indicated that they are looking to provide : a food bank to the community that could serve over 1, 000 people in the event of any emergency. He noted that H.O.P.E. has been in existence for just over one year and has helped over 38, 000 families. He indicated that he has been advised that it is not a good idea to become linked with the Human Services . Center and without strong legal agreements between the two groups. He also noted that they would prefer not to be required to have office hours at the Center. He requested the opportunity to discuss this funding in a work session. Mayor Pro Tem Dominguez inquired whether H.O.P.E. works with "Valley Crisis" . Mr. Butenshon indicated they are not affiliated with,Valley Crisis. Mr. Dominguez further inquired whether they provide the same type of assistance as Valley Crisis. Mr. Butenshon indicated that he was not sure Valley Crisis was operating any longer. , Councilman Winkler questioned the level of C.D.B.G. funding to H.O.P.E. last year. Mr. Butenshon indicated they were allotted $5, 000. City Manager Molendyk advised that this year's request from H.O.P.E. was for $40, 000 and explained that the criteria had been changed from previous years. Community Services Director Sapp explained that the current criteria allows for only 15 0 of the total allotment to the City to be used for social services. He further explained that there is a stipulation that the money must be allocated in increments of $10, 000. He advised that staff had attempted to find a way to fund the same organizations funded int he past by linking the two groups. Councilman Winkler questioned the requirement for office hours at the Human Services Center. Mr. Sapp advised that there would be a requirement to provide some services through the Center at least two times per week. Mayor Washburn inquired what would happen if they did not provided services at the Center. Mr. Sapp indicated that the County could require that the funds be pulled. Mr. Sapp further stressed that the figures provided are and estimate as the final amounts are not known. Councilman Winkler commented that H.O.P.E. has done a good job in its first year and stressed the difficulty of this situation. Mr. Sapp clarified that staff has attempted to fund the programs funded in the past. Councilman Alongi suggested that the non-profit status held by PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 23, 1993 the City be used to channel these funds to both organizations, working through the City Attorney. Mayor Washburn questioned the deadline for this application. Mr. Sapp indicated that the applications are due by March 12th or the funding will be lost. Councilwoman Cherveny inquired whether the 15% figure could be a higher dollar amount and allow for a split of the funds. Mr. Sapp indicated that this was possible,, however the final figures are. unknown at this time. Councilwoman Cherveny commented that she is in support of H.O.P.E. because they are a first dollar organization, that uses each dollar contributed in this community. She stressed the benefit of their provision of a food bank in the event of a local emergency such as flooding or an earthquake. She indicated that she would prefer a study session to discuss alternatives that would keep the funding in this community. Mayor Washburn clarified that even with the Human Services Center, the funds are used in this community. He commented on the original intent and formation of the Human Services Center. He suggested that the only funding which might go to County areas might be through Senior Home Repair or a domestic violence situation. Councilman Alongi questioned the proposed $70, 000 retrofit of playgrounds and questioned the opportunity to use those funds elsewhere. Mayor Pro Tem Dominguez indicated that he felt staff s recommendations were appropriate for this year and suggested that other alternatives could be considered next year. Councilman Alongi commented that Mr. Dominguez had made this comment during the previous consideration. Mayor Washburn indicated he would have no problem with continuing this item to the next City Council meeting. City Manager Molendyk indicated it could be discussed at the March 2nd work session. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE A SUBSEQUENT MOTION TO HOLD A WORK SESSION ON THIS MATTER ON MARCH 2 , 1993 , AND CONTINUE THIS CONSIDERATION TO MARCH 9 , 1993 . 37 . Confirmation of Local Declaration of Emergency - Resolution No. 93-6. (F: 74 . 1) (X: 81. 1) City Manager Molendyk explained that he, as the Director of Emergency Services had declared a local state of emergency on Thursday, February 18, 1993 at 3 : 40 p.m. , and this Resolution would be the City Council's concurrence with that action. MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-6. RESOLUTION NO. 93-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 23, 1993 CALIFORNIA, DECLARING AN EMERGENCY PURSUANT TO CHAPTER 2 . 20 OF THE LAKE ELSINORE MUNICIPAL CODE. City Manager Molendyk provided an updated to Council on the emergency. He explained that after meeting with the Riverside County Flood Control District officials, it is anticipated that the lake will rise to 1260' elevation by March 1, 1993, getting close to a number of structures. He further explained that it is estimated that for each additional inch of rain, the lake will rise one foot. He indicated that this was intended to be a pro-active effort to stay ahead of the flood related problems. He also indicated that since this declaration, the Corps of Engineers has taken bids and are preparing to clear the outflow channel between Chaney Street and Riverside Drive. He further indicated that if the lake continues to rise, plans are in place to remove a portion of Lakeshore Drive to allow the water to flow more smoothly. He also noted that once the rains cease, run-off will continue for up to three months. Mayor Washburn detailed the responsibilities of the City Manager as the Director of Emergency Services. He noted that the Director of Emergency Services takes precedence over the Council with regard to administration of the emergency plan. City Manager Molendyk advised that a team from the State Water Resources Board had been in the City this date and evaluated the emergency situation and will continue to monitor problems. PUBLIC" OMMENTS - NON-AGENDIZED ITEMS Ken Howard, 17540 Grand Avenue, questioned the purpose of the levee and the delay in the completion of the outflow channel. He addressed the organization H.O.P.E. and asked if the recipients are encouraged to buy American made products to stimulate the American economy to create jobs. Peter Dawson, 18010 Grand Avenue, commented on the rising waters of the Lake and the problems related to possible flooding. He made a plea for volunteers and suggested they contact Mr. Bob Houts at 678-2458 . City Manager Molendyk stated that County residents who need to call Supervisor Bob Buster can reach him at 275-1010. Bud Pitfield, tourist, stated his concern regard the outflow channel. Diana Leclerc, 29370 Turnbull, addressed the condition of Baker Street and the potential flooding of the area. John McCann, 29208 Northpointe Street, addressed the political problems the City is experiencing. He stated his objections to special interest groups and opposition to the recall efforts. Molly Lopez, 17934 Foster, spoke in support of Mayor Washburn and opposition to the recall. Frank Cooper, 17201 Shrier, addressed the flooding of his home and the problems with the outflow channel. Mayor Washburn directed Mr. Cooper to contact City staff so they can address his concerns. PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 23f 1993 Chris Hyland, 15191 Wavecrest Drive, stated that she had heard that there was a personal investigation being done on her and that some of the members of the recall committee had received personal threats. She encouraged people to vote yes on the recall. John Clemens, Bedrock Lake Maintenance, encouraged clean-up of the lake and recommended Bill Miller for Lake Maintenance. Bill Miller, 1105 Buchanan, addressed the problems with the Lake and stated his opposition to the recall, asking that the Council work together. Edith Stafford, Lake Elsinore, stated that the proposal for the outflow channel will only assist the Business Park and the Outlet Center and asked that the Outflow Channel be completed to Nichols Road. She addressed remarks made in regard to her at the last City Council meeting. Leon Strigotte, 216 Chaney Street, reminded the public that E.V.M.W.D. is the controlling agency in regard to Lake Management and the City has only been a partner. He further stated that Fish and Game has placed restrictions on the City and Water District in regard to the Outflow Channel and has held up further development of the channel. Mr. Strigotte expressed his thanks to staff for all their hard work during the recent rains. Sonja Matthies, 20345 Grand Avenue, spoke in opposition to the recall. Joe Garcia, presented a petition in favor of the Lake Terrace Plaza Shopping Center. Albert Bishop, Briarwood Mobile Home Park resident, stated that with the new trash service it has caused a burden to the residents of the Mobile Home Park due to limited space and suggested that large bins would solve the problems. He further commented on the need for rent control. Ericka Matthies, Lake Elsinore, expressed her opposition to the recall. She called upon the City Council to support each other. Roger LeClerc, Turnbull Street, spoke in favor of the wildlife habitat and wetlands and spoke in favor of having a Minor League Baseball Field in Lake Elsinore. Chris McColley, 29072 Palmview, explained the efforts of the TeePee Ranch Committee and spoke in opposition to the recall. CITY MANAGER COMMENTS City Manager Molendyk addressed comments regarding the Outflow Channel and noted that it was originally intended to be completed before the Levee, however it involved a difference funding process and the Levee was built to prevent the loss of that funding. He further explained that work which will be done to the Outflow Channel in the next few days is a temporary measure until the final channel construction begins later this year. He noted that the channel will be complete by this time next year. City Manager Molendyk reminded Council and the Community of the PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 23, 1993 Work Session on March 2nd regarding the Eastlake Specific Plan & EIR and C.D.B.G. funding. He also reminded them of the Town Hall Meeting scheduled for March 4th to discuss the Lake Edge Specific Plan. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on the following: 1. The draft ordinance regarding Mobile Home Rent Control recommending that it be on the agenda of the March 16 study session as requested by City Attorney Harper. 2 . That she would like to see Council work with the D.B.A. as well as other local organizations. 3 . Directed staff to advise Mr. Bishop when the workshop will be held regarding rent control for mobile home parks. 4 . Questioned the reason for the trip to Sacramento that Mayor .Washburn and Councilman Winkler took and asked why the rest of Council was not informed. Councilman Alongi commented on the following: 1. Corrected Mr. Strigotte regarding the questioning of a consultant. - 2 . Addressed the Tee Pee Ranch Committee and informed Ms. McColley that she does not represent the majority of the property owners and that he will not be dictated to. 3 . Explained that the differences between the Council do not have anything to do with the business items, but were political. 4 . Thanked Lake Florist for the letter of 'thanks to Code Enforcement. 5. Addressed letters received from the public. 6. Expressed his concern regarding the entire Council not being informed regarding the trip to Sacramento. 7 . Stated that signs have been placed in areas that were not proper and that this applies to both sides; as well as the various problems experienced by both the "Vote No" and "Vote Yes" on the Recall. 8 . Answered a letter from Karen Snyder regarding his motives regarding the recall action as well as articles appearing in the newspaper, noting the media should be run out of town. Mayor Pro-Tem Dominguez commented on the following: 1. Announced the Lake elevation to be 1255. 8 and explained that for daily information regarding the elevation of the Lake the public can contact City Hall. PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 23, 1993 Councilman Winkler commented on the following: 1. Thanked Mr. Bishop for his concern regarding recycling at the Mobile Home Park. 2 . Stated that he is interested in seeing what the City Attorney has developed in regard to Rent Control for Mobile Home Parks. 3 . Thanked Mr. Miller for his concern for the Lake. He further addressed the outflow channel and the progress of the project. 4. Explained that the trip to Sacramento was in regard to the Lake transfer and that was why he took the RDA Chairman's position. Mayor Washburn commented on the following: 1. Reported that over the weekend he hosted the Safari International Club for Motor Homes. 2 . Stated that there had been a great deal of effort expended to settle differences with the D.B.A. and further stressed that he would lake to work with the D.B.A. 3 . The trip to Sacramento was in regard to the Lake Transfer. The trip was to assist in facilitating the Transfer and to keep all funds available from being taken by the State. 4 . Thanked Mr. LeClerc for his comments and attendance at the meeting. He assured Mr. LeClerc that the Wetlands were under the Fish and Wildlife Agency and were very safe. 5. Explained that the solid waste problem at Briarwood Mobile Home Park is under consideration and thanked Mr. Bishop for his suggestions and concern. 6. Stated that he felt that the Recall is bad for the community. He then played a taped message from Edith Stafford left on his answer phone. 7 . Stated that he felt that the Lake Management when complete will make Lake Elsinore a jewel and explained that it took the floods of 1980 to bring all the agencies together; and he knows when the outflow channel is complete it will help to make Lake Elsinore a nice place to live. THR CITY COUNCIL MEETING WAS RECESSED AT 9:41 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10: 55 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10: 55 P.M. TO DISCUSS LITIGATION WITH ADAMS ADVERTISING AND OUTDOOR MEDIA GROUP AND POTENTIAL LITIGATION. PAGE TWELVE -CITY COUNCIL MINUTES - FEBRUARY 23, 1993 THE CITY COUNCIL MEETING RECONVENED AT 11: 12 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS ! VOTE TO ADJOURN THE REGULAR CITY C UNCIL MEETING AT 11: 13 P.M. jGARY . WAS URN, MAYOR CI OF LAKE ELSINORE A TEST! VICKI NA AD, CITY CLERK CITY OF LAKE ELSINORE MINUTES ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 3131'5 CHANEY STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MARCH 11, 1993 Note - This meeting was originally scheduled for Tuesday, March 9, 1993, however pursuant to City Council Policy, the meeting was continued to this date due to the lateness of the hour. CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Washburn at 5: 03 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager _ Shear, Community Services Director Sapp, City Planner Christen, Public Services Director Tecca, Special Projects Coordinator Wood, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. THE CITY COUNCIL MEETING WAS RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 5: 04 P.M. JOINT PUBLIC HEARING 1. City Center Development - Owner Participation Agreement with Oak Grove E Les and Disposition & Development Agreement with Walmart - Resolution No. 93-4 . (F: 134.7) (X: 134 . 10) Councilwoman Cherveny called for a point of order concerning the legality of this meeting as noticed. City Attorney Harper explained the statutes related to this issue, and clarified that the City Council meeting was adjourned to this specific Place and time with one item remaining, being this item. He further clarified that the Redevelopment Agency meeting was never called to order. He explained that the same rules are applicable for the Redevelopment Agency as are for the City Council. Councilwoman Cherveny questioned the adoption of a similar time limitation Resolution by the Redevelopment Agency. City Attorney Harper clarified that the this particular Resolution was adopted by the City Council; and when the Redevelopment Agency was formed a resolution was adopted which stated that the same rules apply to the Redevelopment Agency and the City Council. He advised that in addition, the Redevelopment Agency meeting was not called to order and in essence adjourned for lack of a quorum to this date and time. PAGE TWO - CITY COUNCIL MINUTES - MARCH 11, 1993 City Manager Molendyk introduced this item noting the location of the proposed project. He clarified that this proposal includes Walmart advancing $2 .2 million, Oak Grove Equities advancing $1.8 million, with repayment to occur over a period of time. He further clarified that the repayment would occur with the first $200, 000 of sales tax coming to the City, the second $200, 000 to the debt service for the development and the additional dollars being split between the City and the development. He stressed the City's economic program to draw jobs and revenue to the community; and suggested that this was an avenue to help off-set the cuts made by the State. The City Clerk reported 5 pieces of correspondence, 3 in support and 2 in opposition. Chairman Winkler opened the joint public hearing at 5: 15 p.m. , asking those person interested in this item to speak. The following people spoke: Charles March, representing Looking Good Beauty Supply, commented that he was in favor of the Walmart project, but not in favor of paying for them to develop here. Kevin Pape, City Treasurer, commented on the cuts made by the State in the last few years. He stressed that this project could potentially generate $464, 000 over the next year alone. He noted a petition presented by local business people indicating that the 22 businesses represented on that petition generate only $26, 000 in sales taxes per year. He further f stressed the need to compete with the other local communities for this type of development. He noted a situation with Walmart in the Claremont/Upland area noting that based on the stance of one city the other received the store. He suggested that the impact of Walmart on other local businesses would be similar to the impact when Builder's Emporium, Thrifty or K- Mart were built. He also stressed the jobs this project would generate, particularly for the young residents. He stressed the need to look at what is best for the community as a whole. Kay Koehn, 151 S. Torn Ranch Road, advised that she is a sales associate at the Walmart in Redlands. She commented on the benefits Walmart provides to the Community such as jobs for people from teenagers to senior citizens; active participation in the Community; contributions to local charities and scholarships to local students. She noted that she had worked for K-Mart prior to Walmart, and stressed the good quality of jobs they provide. She further noted that she was not speaking on behalf of the company, only herself. Phil Williams inquired whether Mr. Winkler intended to abstain on this item. Chairman Winkler advised that he had a written opinion that there was no conflict on this item. Phil Williams indicated that he was now representing 70 businesses including: Big A Auto Parts, Orange Credit Service, Big 0 Tires, Busy Bodies, Looking Good Beauty Supply, AJ's Bicycles, Pet Center, JNB Truckworks, Chevron Food Mart, Sun City Optical, Elsinore Big Value, Variety & Crafts, Stadium Sports, Interstar Management Inc.', 'Fashion Art, Shoe Palace, PAGE THREE - CITY COUNCIL MINUTES - MARCH 11, 1993 141 North Main Street;``Antique Emporium, Main Street Furniture Company, Hannon's Happy Hunting Grounds, Tiffany's Hallmark, Stones Western Wear, Tropical Elegance, Radio Shack, Carousel Cards & Gifts, Jamar Performance, Pioneer Lumber, Mel's Radio & TV, Sav-on Drug Store, Elsinore Pipe & Supply, Seers Lumber, Kentucky Fried Chicken, K.C. Discount Carpets, Ortega Stationers, Mission Optometric Eye Care Center, GEN-RX Pharmacy, Gearhart's Service Station & Garage, Kuka Bears, TNT Costume & Thrift Shop, Sincere Sewing Machine & Vacuum, Shear Madness, Elite Hair Design, State Farm Insurance, Contemporary Escrow, Party Decor, Realty World, Lake Elsinore : Tool Company, Sears Center, Town Center Glass & Screen, Class Travel, New Trends Hair Studio, Lakeview Inn, Upmost Post & Parcel Center, Doggie Styles, Angelica's Upholstering, Nature's Sunshine, Lake Front Florist & Gift, Elsinore Overhead Door Co. , Angel's Home Maintenance, Pizza Bowl, Little Caesars, International Tools, Lamb of God, Papi's Mexican Food, Empire Door & Hardware, Town & Country Towing, Elsinore Ready Mix, R. S. Instruments, R & B Investors, Century 21 Goldenwest, City Auto Wrecking, Mayhall Printing, Larabee Lumber, R & N Equipment Rental, Kartland INC, Mission Trail Deli. He stressed that these are the people who put the Council in office and act as sponsors to many local events and organizations. He indicated that they are not opposed to Walmart, however, they would want them to take the same risks these businesses have and stand on their own. Dale Dennis advised that she would trust the decisions of Boardmembers Dominguez, Washburn and Winkler, but requested that consideration be given ' to the result of similar businesses such as Two Guys, Fedco, etc. She further commented on the jobs provided and questioned the future for those employed with Walmart and the potential for.. reduced hours, etc. She questioned what Walmart would really do for the Community. Leon Strigotte, 216 Chaney Street, addressed the previous comments and noted business which have come to town under similar protest. He stressed that the Downtown Business Association has fought every one of them even though several did not receive financial assistance, such as Albertsons, Builders Emporium, etc. He indicated that gossip had gone around town that businesses would fail, but all have been prosperous businesses. He noted the Outlet Center and its success. He stressed the free enterprise system and noted the improvements to Main Street with no pay back by the Downtown Business Association. He commented that he was puzzled by the business community's concern with Walmart. Ben Butterfield, general manager of Sav-on, spoke against Walmart based on a number of disturbing issues. He stressed the problems associated with Walmart in Ridgecrest and the impact on that City. He advised that a Councilmember of that community had commented that the City revenues were down 420 and 90 to 100 stores had closed. He indicated that while Walmart hires many employees, most jobs are minimum wage and minimum hours. He indicated he would have no problem with Walmart when the population is large enough to support it. He further indicated that his concern was with the tax dollars involved and the expense of moving a mountain to build the store. PAGE FOUR - CITY COUNCIL MINUTES - MARCH 11, 1993 Chris Hyland, 15191 Wavecrest, submitted a citizens petition with just over 100 signatures against Walmart, against paying sales tax for 20 years and opposed to Redevelopment Agency money going to Walmart. Lori Rubin Looking Good Beauty Supply , indicated she had been a small business owner in this Community for 5--i/2 years. She questioned the difference between the negotiations here and in Temecula. She questioned the payment of $4 million to bring Walmart to Lake Elsinore. She stressed other needs in the community such as a Denny's, theater, golf course, etc. She indicated that there was no reason to pay the richest retailer in the Country to come to the City. She further indicated that the City needs upgrading to draw more industry. She noted the impact of the Levi's Outlet on Miller's Outpost and requested a no vote from the Council. Beverly Stone, Gen RX Drugs, indicated that as a small business owner she is opposed to Walmart. She explained that her business was started with no assistance from the City and opposed the tax incentives offered to Walmart. She noted recent news stories about Walmart and products manufactured outside the U. S. and child labor law violations. She addressed possible conflicts of interest by the Council. Rick Zwiefel commented that he is not against Walmart, only the incentives being offered. He indicated he felt Walmart could afford to come to the Community on their own. He questioned the availability of similar incentives if a different site were chosen. He suggested that two Councilmembers businesses are in conflict with this consideration. He addressed the comments of Mr. Strigotte indicating that the businesses on Main Street did not ask for the improvements. He indicated that Main Street was Mr. Dominguez Is project. He suggested that the money contemplated for this project be used for increased police services. Edith Stafford, 54 Elm Street, commented on the walmart and suggested that the proposed site is a bad location. She expressed concern with .the expenditure of $4 million to move a mountain. She indicated she felt Walmart could find a flat piece of land and suggested that the City should be run like a business. She suggested that Walmart be required to pay their own way. She indicated that while she was not opposed to Walmart coming to the Community, she was not opposed to driving to another community to shop there. She suggested that the $4 million be used to provide improved police protection, rather than giving it to the richest retailer in Americana She requested that the Council vote no on this item noting other areas of need in the Community. She questioned the grading being done on this site without a City permit. Ace Vallejos, 15231 Cove Creek, outside the City because his tract did not receive a higher wall, indicated that his wife supports the Walmart project. He commented that Redevelopment Agency funds seem to be used on projects other than necessity. He stressed the need to keep the budget in the black and suggested that this might not be the best location for the project. He indicated that Redevelopment Agency funds should be used to tear down slums: '' PAGE FIVE - CITY COUNCIL MINUTES - MARCH 11, 1993 Mark Ostoich; Gresham; Varner, Savage; advised that he was attending on behalf of Walmart and offered to answer questions. Frank Gatlin, Gatlin Development, expressed concern that the speakers at this meeting did not understand the request. He noted that the impression seems to be that the City is being requested to write a check; he explained that there is no up front money required and the mountain does not represent the bulk of the costs. He indicated that no other suitable site with infrastructure in place to do this development. He ; indicated that a number of fees are included in the request. He commented on the ability to go outside the City limits and explained their willingness to let the City know the problems and allow them to make the decision. He inquired if the City wants the development to occur. He indicated that Walmart does much good across the County and can go elsewhere if necessary. He questioned what is the best alternative for the entire community. He detailed tenants in other areas who are doing well in spite of Walmart. He requested favorable consideration and noted that the Temecula site included several million dollars of infrastructure. The joint public hearing was closed at 6:08 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE THE PROJECT AS PRESENTED AND INSTRUCT STAFF TO FINALIZE THE NECESSARY DOCUMENTS INCLUDING RESOLUTION NO. 93-4, THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND WALMART -STORES, INC. AND THE OWNER PARTICIPATION AGREEMENT WITH OAK GROVE EQUITIES. Councilwoman Cherveny addressed City Treasurer Pape and concurred that this project would provide additional jobs, but expressed concern with which jobs will be provided for the investment. She indicated that part time jobs are needed, but the higher level jobs will not be provided. She further indicated that the City needs to bring good paying jobs in as well. She noted a news article from the Community Redevelopment Agency seminar and commented that the Walmarts in Barstow and Upland received no incentives. She questioned why Temecula can draw them for $500, 000 or $900, 000 and this City is still at $4 million. She suggested that it might be necessary to find another site with the infrastructure in place. She expressed concern with similar discount stores which have gone and this year's loss of property taxes. She expressed further concern that the Redevelopment Agency is already subsidizing the City by $2 million per year. She indicated she has no problem with Walmart, but is concerned with the expenditures and site. She noted that a large portion of the fees are to the Water District. She addressed the Outlet Center which has done well and questioned the need for Walmart when the Outlet Center is not quite paying for itself yet. She indicated she is very concerned with the sales tax revenue and the continuing payment to Oak Grove Equities. She noted her campaign literature and reminded the community that she said she would work for the people, increase police protection and help small business. She questioned the ability of other Councilmembers to vote on this item and hoped they would vote in good conscience. PAGE SIX — CITY COUNCIL MINUTES — MARCH Ile 1993 Councilman Alongi commented that it is refreshing to see the Community come together on an issue such as this. He commented on the correspondence received from Stephanie Smith. He questioned the tax and the percentage breakdown. Administrative Services Director Boone presented an overhead chart. Mr. Alongi indicated that this document did not match those he received. He questioned how much of the $464,000 figure is property tax. Mr. Boone indicated that approximately $175, 000 is property tax. Mr. Alongi questioned a series of dollar amounts and stressed the importance of working from the same documents. He questioned whether these would really be new tax dollars or just shifted from businesses that close. He indicated he would not have a problem with Walmart if they could guarantee that they would not build another store within 30 or 40 miles of this store. He questioned the jobs it would provide and the impact on small business, as well as guarantees that City residents would be the first considered for the jobs. He questioned the willingness of Walmart to supply Little League and other organization sponsorships when the smaller businesses are gone. He questioned the cost of moving the mountain. Mr. Gatlin indicated it was approximately $1 million and stressed that there was no other site appropriate for this development. Councilman Alongi questioned the site and indicated he has a letter indicating this would be the most undesirable site because of the grading involved. He suggested that this retailer was welcome to come to the community, but also welcome to pay their fair share. He indicated he would be willing to assist with tax increment. He commented on the E.V.M.W.D. fees and questioned why they should not be the ones financing that portion. He addressed City Treasurer Pape indicating he was elected to protect the people's interest and dollars no matter how much it draws in. He stressed what it will take away from the community. He suggested that the Treasurer needs to think of job opportunities in relationship to the housing available. He addressed the Temecula negotiations noting that the off-sites were put in and will be paid back interest free, indicating he would have no problem with that type of investment if the funds are available. Mayor Pro Tem Dominguez indicated that he had run for this office as a progressive member of the community, and he feels that his seven years on the Council have made a difference. He noted the advise of professional staff members on what is a good deal and what is not a good deal for the community. He noted that the Outlet Center drew criticism and it worked out fine. He indicated that his only concern with Walmart is that they are coming in at the wrong time and it is being made a political issue rather than a business deal. He commented that he has experienced changes in the community and is willing to continue to progress with anything that is good for the community. Mayor Washburn addressed an article he had read and inquired whether Walmart in fact provides assistance to businesses to fine tune their operations. Mr. Gatlin indicated they would assist through the provision of seminars. He further indicated that loyal customers will"continue to frequent their PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 11, 1993 regular stores. He ' 'Indicated that most cities find 100% positive response to Walmart when it is opened. He stressed that Walmart would have similar impacts to those of K-Mart, lTarget, etc. and this community has already felt that impact. Mayor Washburn addressed a survey by the Chamber of Commerce with 15 Chambers of Commerce with stores open more than a year, indicating favorable with few impacts on existing stores. He addressed comments regarding locating near the Outlet Center and indicated that they have different trade areas, noting that the Outlet Center trade area is approximately 100 miles. He further indicated that investment has paid off. He expressed concern that with comments on population noting that it is necessary to grow with the population. He noted that while all of the jobs are not in the higher brackets, they will be helpful as second income jobs for families. Councilman Winkler addressed agreements by other communities for commercial development and the types of assistance contemplated and the competition between communities for businesses. He indicated that he wants to see this site developed with a large retailer. He stressed that Lake Elsinore is not only a city of 22, 000, but there are plans approved with development agreements and the population will increase to over 100, 000 very soon. He indicated that there are really only two appropriate freeway off-ramps for this ` type of major retailer. He indicated that the State tax system has caused this competition between communities for tax dollars. He addressed the improvements to Railroad Canyon Road and indicated that they were intended to draw commercial development to this area. He noted that much of the dirtto be moved from this site will assist other projects in the community and questioned the use for the inflow channel. City Manager Molendyk stressed the amount of dirt available for other projects. Public Services Director Tecca indicated that 3 or 4 sites had been picked out in the floodplain areas where there are permits and detailed the locations. Councilwoman Cherveny inquired whether this would need a 404 permit. Mr. Tecca indicated that Eastlake has a 404 permit to place it above 14651 . Councilman Alongi inquired who owns the property. Mr. Tecca indicated that it is owned by Mr. Lehr and the City holds an option. Mr. Alongi questioned the ability for Eastlake to have a 404 permit on property owned by Mr. Lehr. Councilman Winkler indicated that the most important issue for him is to make off-ramp locations key areas for high profile commercial development. He indicated that it would draw more traffic and commercial activities in the area. He noted a previously submitted plan to use sales tax, and indicated that this plan offers the use of tax increment rather than giving up sales tax, which is his preference. He noted that it was his understanding that this plan was encouraged by Boardmembers Alongi and Cherveny in setting up PAGE EIGHT -- CITY COUNCIL MINUTES - MARCH 11, 1993 a reasonable plan; he noted a shift in position on this formula during the process. He noted candidate profiles from April, 1992, indicating that Councilman Alongi felt that business should be made a priority and incentives should be offered. Mr. Winkler noted correspondence he had received from Chamber President Hundshamer regarding a survey done by the chamber and detailed the findings. He noted that the results were approximately 60% yes to 40% no from the first survey. A second survey was done including questions regarding the impact on other businesses. He detailed those findings. Mr. Winkler noted additional correspondence he has personally received in support and opposition to this project. He stressed the need to entice business to this major intersection. Councilwoman Cherveny indicated that question of this meeting is not whether the community wants Walmart, anymore than the question of whether they want a theater; rather a questioned of how much they are willing to pay for a Walmart or a theater. She stressed the current status of the economy. She questioned the recent changes which would make Mr. Washburn eligible to vote on this item. Councilman Alongi addressed comments by Councilman Winkler regarding the April, 1992 , Sun-Tribune article and suggested that the Sun-Tribune has a habit of editing people's comments. He questioned Councilman Winklerfs partnership in this property that Walmart wants to build on. He stressed the need for this to be a business decision as to whether the community is large enough to support it and whether Walmart will generate enough tax to compensate for businesses it may destroy. Councilman Winkler called for the question. City Attorney Harper requested that three votes be taken. RESOLUTION NO. 93-4 WAS APPROVED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND WALMART STORES INC. WAS APPROVED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. THE OWNER PARTICIPATION AGREEMENT WITH OAK GROVE EQUITIES WAS APPROVED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. City Attorney Harper noted that the CEQA findings had been approved as part of the Resolution. Councilwoman Cherveny indicated that she had voted yes to allow her to bring the matter back for reconsideration. ADJOURNMENT THE MEETING WAS DECLARED ADJOURNED BY CHAIRMAN WINKLER AT 7:35 P.M. A7. GARY M WASH URN, MAYOR ES : CITY LAKE ELSINORE IT6-'6A CLERK CITY OF LAKE ELSINORE MINUTES CITY COUNCIL WORK SESSION CITY bF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 16, 1993 CALL TO ORDER i The City Council Work Session was called to order by Mayor Washburn at 3 : 00 p.m. ROLL CALL PRESENT: BOARDMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: BOARDMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Services Director Sapp, Manager of Special Projects Watenpaugh and Deputy City Clerk Bryning. DISCUSSION ITEM 1 . Mobilehome Rent Control Ordinance. (,F; 105- City Attorney Harper explained the purpose of rent control and that the ordinance is not a proposal but rather a consideration. He gave an overview of the ordinance and explained that the rent is based on the operation and overhead of the property owner and fair return. Mr. Harper stated that long term lease holders would not be affected by this ordinance. Councilman Winkler explained that it is a possibility that the Redevelopment Agency could purchase the park and sell it back to the tenants, but this would require more information. He stated that he would need a survey of all the tenants, before this could be considered. He asked staff to research costs to develop the site. City Attorney Harper stated that the City could acquire the park for purposes of development and up-grade and rent back to the tenants as a low income project. This would require an appraisal to set the appropriate rents. Councilwoman Cherveny questioned the rents being charged and stated that there is a need for review of the rents of each tenant. She stated that the previous owner was acceptable to the tenants, but now the tenants are not happy with the new owner. She concurred with Councilman Winkler in regard to costs for development and would like to have staff come back with some numbers. Councilman Dominguez stated that he was in favor of rent control, but that he would like to have a survey of the tenants before he made a decision. Mayor Washburn then called for public comment: Marge Rieder, Briarwood Mobile Home Park explained that rent control would not apply for those that have long term leases until their lease expires, then they would fall under the protection of rent control . PAGE TWO - CITY COUNCIL WORK SESSION MINUTES - MARCH 16, 1993 Joseph Corda, General Manager of Briarwood Mobile Home Park and representative of the investors explained that there was a lot of repair needed and new roads to be paved within the park at the time of purchase. The rents were raised as people moved out or their lease expired to create a reasonable rate of return. He stated that the average rent is from $180 . to $250. Mr. Corda explained that the rent control would affect only 15 or 20 people in the park. Mayor Washburn stated that he had noticed that the restrooms were locked when he visited the park which should be left open. Mayor Washburn asked if Mr. Corda owned any other parks . Mr. Corda stated that he did in San Bernardino. Councilman Alongi asked Mr. Corda if he was going to improve the park. Mr. Corda stated that as time and money would permit there will be some improvements . Al Bishop, Briarwood Mobile Home Park, addressed the trash collection system at the park and stated that there have been considerable rate hikes in recent months . He stated he was in favor of the Redevelopment Agency purchasing the park. Ruth Darn, Briarwood Mobile Home Park, explained that she had a 20 year lease at $230. which she was pushed to sign and now she would not have any benefit from the rent control ordinance. Bill Payton owner of Butterfield Mobile Home Park stated that his tenants had no problem with their rate of rent and his park was not in the same condition. Mayor Washburn asked Mr. Payton if his park went case by case on long -term lease? Mr. Payton stated that there is an annual lease and, the tenants have no interest in long term leases . He further stated that all the utilities are charged separately. There was general discussion in regard to lot sizes and facilities available and how utilities are charged. Vicki Tallon, representative of the Manufactured Housing Educational Trust, stated that her company had done a survey and found that Briarwood Mobile Home Park is charging a fair, comparable rent and through their Association they offer rental assistance. She stated that they are opposed to regulations regarding rent. Ms . Tallon stated that in order to qualify for rental assistance the applicant must fit the low income criteria. Mayor Washburn asked that the information for rental assistance be 'posted in the laundry room for the tenants . There was considerable discussion in regard to rental assistance and how to qualify. Councilman Alongi pointed out the criteria for Section 8, and several of the property owners questioned eligibility. ADJOURNMENT THE CITY COUNCIL WORK SESSION WAS ARJOURNED AT 4 :50 P.M. GAR WA H URN, MAYOR PAGE THREE -- CITY COUNCIL WORK SESSION MINUTES - MARCH 16 , 1993 Respectfully Submitted, Adria L. Bryning, eputy ity C rk AT EST: VICKI KASAD, CITY CLERK MINUTES REGULAR, CITY COUNCIL MEETING CITY' OF LAKE ELSINORE 31315 CHANEY STREET LAKE EL.SINORE, CALIFORNIA TUESDAY, MARCH 23, 1993 CALL TO ORDER The Regular City Council Meeting was called to order Washburn at 7: 00 p.m. by Mayor PLEDGE OF ALLEGIANCE The pledge of allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator Wood, Manager of Special Projects Watenpaugh, City Treasurer Pape and Deputy City Clerk Bryning. PRESENTATIONS/CEREMONIALS A. Proclamation - Educational Partnershi Week. (F:122. 1) Mayor Washburn explained that he had just participated in Principal for a Day with the School District and was very impressed with the schools then presented the proclamation to the audience. B. Proclamation - Month of the Young Child. (F:122. 1) Mayor Washburn read and presented the proclamation for Month of the Young Child. C. Presentation - Sheriff's De artment Bicycle Patrol(F: 127. 2) Mayor Washburn introduced Deputy Jeff Chebahtah who explained the purpose of the Bicycle Patrol and showed the bike that is going to be used. He further explained the training they receive and the uniform that is worn and stated that the purpose is to give better patrol to shopping areas and the downtown area. Mayor Washburn then addressed the rumors that have been circulating - in the City. He explained the following: 1. The rumor that Mobile Home Owners would be assessed a $200 fee is not true since it does take Council action to do this. 2 . The rumor that once the City takes the Lake it will cost the citizens $34, 000, 000; having talked to Ken Jones, Director of State Parks the numbers were wrong and operational costs are $1. 1 Million Dollars. There is also a chance that the City will receive a Million and a half dollars from a grant. PAGE TWO -- CITY COUNCIL MINUTES - MARCH 23t 1993 Mayor Washburn cautioned the audience to discount gossip and rumors and be sure of their facts in regard to the up-coming Special Election. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items: Item Nos. 37 & 39 . CONSENT CALENDAR MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council/Redevelopment Agency Joint Work Session - March 2, 1993 . (F:44 . 4) b. Town Hall Meeting - March 4, 1993 . (F:44 .4) C. Regular City Council Meeting - March 9, 1993 . (F:44 .4) 2 . Received and ordered filed the L.E.A.F. Animal Control Activity Report for February, 1993 . (F: 18. 2) 3 . Received and ordered filed the Investment Report for February 28 , 1993 . (F: 12 . 5) 4 . Ratified the Warrant List of March 15, 1993 . (F: 12 . 3) 5. Approved Hearing Date of April 13, 1993 , for Zone Code Amendment 92-3 - City of Lake Elsinore - Historic Downtown Overlay District. (F: 172 .2) PUBLIC HEARINGS 21. General Plan Amendment 92-3 - Historic Downtown Land Use Plan - Resolution No. 93 . 12 . (F: 83 . 2) City Manager Molendyk explained that this is the area that encompasses approximately 486 acres within the historic downtown area of the City. It is bounded to the north by Collier Avenue and Interstate 15, to the south by Lakeshore Drive, the west by Chaney Street and the east by Grove Avenue, Conklin Avenue and Rupard Street. Mayor Washburn opened the public hearing at 7: 15 pm. requesting those persons . interested in this item to speak. The following person spoke: Robert Williams, P.O. Box 519, questioned the activity that will occur due to this action. He stated that he had not received a notice of this item and would like to know how it affects his property on Sumner Avenue and Main Street. City Manager Molendyk explained that this item has been in process for the last seven years and there has been public hearings at the Planning Commission level and he was sure that there were public notices. This is being recommended to the City Council as a result of coming through the Planning Commission and it addresses land use. He further offered to meet with Mr. Williams and go in =to the project in depth. PAGE THREE - CITY COUNCIL MINUTES - MARCH 23, 1993 Community Development Manager presented an exhibit to show what the zoning and hand use is in the questioned area and explained that Sumner' Avenue and Main Street is neighborhood commercial. Robert Williams stated that he would meet with Community Development Manager Shear to better understand the project. Mayor Washburn asked if any other person wished to address this item. Hearing no one, the public hearing was closed at 7: 22 p.m. Councilman Alongi explained that his concern is that to increase the density will increase the cost of building. He stated that he felt that the density should not be changed in that area and single family residences would not be built x: since there are apartments there already. The builder would still have to contend with Title 17. Councilman Alongi explained that this whole issue was developed to retain the historical theme and to bring into conformance any other properties that are already in use and bring them into conformance with the General Plan. Councilwoman Cherveny stated that she would like to see the density reduced as recommended by the Planning Commission. The recommendation that all areas delineated High Density Residential be redesignated Medium High Density Residential and all areas delineated Medium High Density Residential be redesignated Medium Density Residential. She further explained that this would reduce the density and would assist in addressing the traffic circulation problem in that area. MOVED BY CHERVENY TO APPROVE PLANNING COMMISSION RECOMMENDATIONS 1. AND 2 TO REDUCE DENSITY. MOTION DIED FOR LACK OF A SECOND. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE GENERAL PLAN AMENDMENT 92-3 - HISTORIC DOWNTOWN LAND USE PLAN , MITIGATED NEGATIVE DECLARATION 92-7, GENERAL PLAN AMENDMENT 92-3 AND RESOLUTION 93-12 WITH FINDINGS APPROVING THE EXISTING LAND USES AS DECIDED BY THE CONSULTANT AND THE DESIGN REVIEW COMMITTEE. Councilwoman Cherveny explained that the City already has an existing situation on Joy and Nashland of High Density Residential and that she does not want to see that situation occur in this area. Mayor Washburn explained that the concern seems to be the 18 units over the 24 units and the developer will still have to conform with Title 17 which has certain requirements to would limit the amount of units possible. The standards of this document are the important issue and should be addressed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE WITH THE FOLLOWING FINDINGS AND RESOLUTION: RESOLUTION NO. 93-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1993. FINDINGS - GENERAL PLAN AMENDMENT 92-3 1. The approval of the requested designations permits development to the highest and best nature within PAGE FOUR - CITY COUNCIL MINUTES - MARCH 23, 1993 mitigable means to insure maintenance of the general public health, safety and welfare. 2 . Granting of the requested designations will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 3 . The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access and constraints. 4 . The proposed change will not result in any significant adverse impacts on the environment. It was noted at a later time in the City Council Meeting the Exhibit "A" Map was the area discussed and will be used as the area called out. 22 . General Plan Amendment No. 92-5 and Zone Change-No. 92-4 for North Alberhill Ranch Area - Resolution No. 93-12 and Ordinance No. 951. (F: S3 . 2) (X: 172 .2) City Manager Molendyk explained that the Planning Commission approved the request to amend the request to amend the City's Land Use Element of the General Plan. He further explained that this amendment would fit into a temporary land use plan for the area around I-15 and Lake Street. It is recommended by the Planning Commission that Council adopt Negative Declaration No. 93-2, approve the General Plan Amendment No. 92-5 and adopt Resolution 93-12 and adopt Ordinance 951 based on the listed findings. Mayor Washburn opened the public hearing at 7: 33 pm. requesting those persons interested in this item to speak. The following person spoke: Jon Friedman, Long Beach Equities, stated that his firm is the land owner and Mr. Halloran is the applicant and gave an overview of the project and explained that the applicant will conduct surface mining operations to create developable pads and prepare the site for future residential and commercial development. He further explained that the topography and geology of this property make it economically infeasible to grade it for development, and surface mining provides resources and prepares a rough grade for residential/ commercial elevations and configurations. Mr. Friedman explained that this project will also provide jobs for the local area. Mayor Washburn asked if any other person wished to address the item. Hearing no one, the public hearing was closed at 7: 37 p.m. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION NO. 93-2 , GENERAL PLAN AMENDMENT NO. 92-5, ADOPT RESOLUTION NO. 93-12, ZONE CHANGE 92-4 , ADOPT THE FOLLOWING ORDINANCE NO. 951 AND FINDINGS. ORDINANCE NO. 951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO CHANGE.THE ZONING TO INCORPORATE THE RESOURCE CONSERVATION (RC) OVERLAY DISTRICT FROM SPECIFIC PLAN AREA (SPA) TO SPA (RC) . THE SITE CONSISTS OF APPROXIMATELY 423 ACRES WITHIN SECTION 15T. 5S R. 5W S.B.M. IT IS LOCATED ON` THE NORTH SIDE OF THE INTERSECTION OF INTERSTATE 15 AND LAKE STREET. (ZONE CHANGE 92-4 , HALLORAN AND ASSOCIATES) . PAGE FIVE - CITY COUNCIL MINUTES -- MARCH 23, 1993 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: � ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS - NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE RESOLUTION NO. 93-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL' PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1993 . FINDINGS - GENERAL PLAN AMENDMENT: 1. The proposed General Plan Amendment would permit mining and reclamation operations as an interim use prior to development and will not alter the allowed uses under the current General Plan Land Use designation for the particular area. 2 . Surface mining and reclamation operations will stabilize the site for future development of the site. Mining and reclamation practices are currently permitted adjacent to the site to the south and southwest. 3 . The proposed General Plan Amendment is consistent with the surrounding land use designations. Granting the requested amendment will permit development that would otherwise be cost prohibited. 4 . This request will not result in any significant adverse impact on the environment. FINDINGS - ZONE CHANGE: 1. This project is consistent with the Goals, Policies, and Objectives of the General Plan. 2 . The requested overlay zoning requirements will bring future mining request into conformance with the established zoning for the project area and into conformance with the General Plan. 3 . This Zone Change establishes the necessary zoning to conduct mining operation necessary to prepare the site for future development. 4. This request will not result in any significant adverse impact on the environment. BUSINESS ITEMS 31. Trauma Intervention Funding - 4th Ouart,er 1992,-93 . (F: 127. 1) City Manager Molendyk explained that this is an enhancement for public safety run through the Inland Valley Hospital. He further explained that the program is staffed by volunteers and the purpose is to relieve the City police officers to patrol while the volunteers who are trained assume the PAGE SIX - CITY COUNCIL MINUTES - MARCH 23* 1993 responsibilities of handling emotional issues which normally are done by law enforcement. Mr. Molendyk explained that the cost for the last quarter of fiscal year 1992-93 is $828 .75 for training. The annual cost for training would be $3, 100. Staff feels that this is a valuable program and recommends favorable consideration. Mayor Washburn stated that this is the only organization that law enforcement and other related agencies allow on the scene to assist with the trauma of the incident. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SUPPORT OF THIS PROGRAM AND FUND THE TRAINING. 32 . Chanae Order No. 6 for. Lincoln Street Grand Avenue_.and LeGaye Street Street Im rovements in Communit Facilities District 88-3 . (F:22 . 3) City Manager Molendyk explained that the total cost of amendments to the contract is $31, 538. 03 for changes done to Lincoln, Grand and LeGaye street improvements. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AMENDMENTS TO THE CONTRACT FOR STREET IMPROVEMENTS FOR LINCOLN STREET, GRAND AVENUE AND LE GAYE STREET, C.F.D. 88-3, IN THE AMOUNT OF $31, 538 .03 FOR THE ADDITIONAL FACILITIES AND AUTHORIZE THE CITY ENGINEER TO PROCESS AND EXECUTE THE APPROPRIATE CHANGE ORDER DOCUMENTS. 33 . Chanae Order No. 6 for the Robb Road Booster Pump Station Improvements on Orange Grove Way in Community Facilities District 88-3 . (F:22 . 3) City Manager Molendyk explained that the total costs of the change .orders come to $27,838. 00 for changes done to the Robb Road Booster Pump Station Improvements on Orange Grove Way. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AMENDMENTS TO THE CONTRACT FOR THE ROBB ROAD BOOSTER PUMP STATION IMPROVEMENTS ON ORANGE GROVE WAY - C.F.D. 88-3 IN THE AMOUNT OF $27, 838 . FOR ADDITIONAL FACILITIES AND AUTHORIZE THE CITY ENGINEER TO PROCESS AND EXECUTE THE APPROPRIATE CHANGE ORDER DOCUMENTS. 34. Resolution No. 93-14 -- Adopting the Material Recovery Facility Fee. (F: 163 . 2) City Manger Molendyk explained that this item addresses the recycling program to meet the goals of State Law AB 939 . The resolution will allow for a special fee increment to be collected to build and operate a Material Recovery Facility to separate and recycle trash and save space in the landfill sites. He further explained that this is part of the program that the City Council adopted earlier in the year. Mayor Washburn asked if the contract already entered into allowed for this. City Manager Molendyk stated that it did. MOVED BY DOMINGUEZ TO APPROVE STAFF RECOMMENDATION TO APPROVE RESOLUTION NO. 93-14 . MOTION DIED FOR LACK OF A SECOND. City Attorney Harper noted that the resolution which was copied from another agency called. ..for a four-fifths majority vote. The other agency adopted it as a urgency measure and did require a four-fifths vote. This resolution will go by simple majority. Councilman Winkler questioned the need to bring this item before Council if it is already part of the contract. PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 23, 1993 Mr. Fahrion of CR & R explained that this is the formal resolution and CR & R brought this resolution before Council as a part of the explanation of what is occurring with compliance of AB 939. He further explained that the Resolution is a part of the Bond package which will go to the underwriter filing the bonds. As part of the contract, this item falls under an extraordinary increase which addresses the MRF and the related fees and is appropriate to bring before the City Council. Mayor Washburn asked Special Projects Coordinator Wood to address this as he was not aware of a Bond Counsel comments. Special Projects Coordinator Wood explained that the idea of this is to issue revenue bonds which will not be issued by our City. They will be issued by the City of Perris, but all of the cities in which CR & R is serving will participate and the MRF fees would go for the debt service on the bond issue. The City of Lake Elsinore would not be directly involved in issuing bonds; it is a revenue bond issue. Councilwoman Cherveny questioned the amount of increase in fees of $2 . 36 and asked why the community would have to pay an increase when we are already separating refuse. She stated that other cities that CR & R is servicing are not separating and should pay the extra fee, but the City of Lake Elsinore is and should not have to pay the increase. Mr. Fahrion explained that this is to defer the cost of sorting and breaking down the refuse and offers a long term one stop destination for all refuse, and the other cities will be paying an equivalent fee when they begin the sorting process and come in compliance with AB 939 . He further explained that the cities which are paying the 'lower fees are not recycling and the refuse is going directly to the landfills and the MRF fee is to off-set the cost of the facility. Mr. Fahrion stated that the increased amount would go directly to the bond repayment and not to CR & R. He further explained that this is to meet the goals of reduction of solid waste required by the State. Councilwoman Cherveny restated that she felt that the citizens of the City are already doing the sorting of the trash and yet, pay a higher fee for their service than the other cities that CR & R services and she feels that CR & R should not levy more fees as a result of that. MOVED BY WINKLER, SECONDED BY WASHBURN TO TABLE RESOLUTION NO. 93-14 . ON A SUBSEQUENT MOTION MOVED BY CHERVENY, SECONDED BY ALONGI AND DENIED BY A 2 TO 3 VOTE WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE NEGATIVE VOTE TO DENY RESOLUTION 93-14. Mayor Washburn then called for the main motion. THE MAIN MOTION WAS APPROVED BY A 3 TO 2 VOTE WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE. RESOLUTION NO. 93-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADOPTING AN ADDENDUM TO EXHIBIT "C" OF THE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND CR&R INCORPORATED FOR THE PURPOSE OF ESTABLISHING RATES TO BE CHARGED FOR SERVICES PROVIDED BY THE PERRIS MATERIAL RECOVERY FACILITY (MRF) . PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 23, 1993 35. -Design Review of Industrial Project No. 92--1 ---Norman Industries 32371 Corydon Road. (F:86.2) City Manager Molendyk gave an overview of the project and explained that this is a 36, 000 square-foot office/warehouse building which will provide additional office/storage space of the existing facility and approved warehouse/office use. He further explained that this project would not start until building until the outflow channel is under construction and the Lake Management Plan is in place to make sure there is no further flooding problems. Staff suggested approval of this project with the addition of Condition No. 37 as follows: 37. Given that the proposed building is within the Lake Elsinore Floodplain and given current flood conditions, building permits shall not be issued until the Lake Elsinore Outflow Channel is substantially under construction. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADD CONDITION NO. 37, CHANGE CONDITION NO. 1 TO READ 2 YEARS AND ADOPT NEGATIVE DECLARATION NO. 93-1 AND APPROVE INDUSTRIAL PROJECT NO. 92-1 BASED UPON THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS: 1. Subject to the attached conditions of approval, the proposed projects are defined is not anticipated to result in any significant environmental impact. 2. . This. project as proposed and defined is in substantial compliance with the Goals, Policies and Objectives of the General Plan. 3 . Conditions and safeguards, including guarantees and evidence if compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82 and the planning district in which the site is located. 4 . Special circumstances, as indicated in the Staff Report, are present on the project site and in the proposed design which warrant approval of a metal building on the site. CONDITIONS: 1. Design review approval for Industrial Project No. 92-1 will lapse and be void unless building permits are issued within two (2) year. An extension of time, up to one (1) year per extension, may be granted '- by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . Prior to issuance of building permits, applicant shall provide assurance that all required approvals and/or clearances from Army Corps of Engineers have been met. 3 . Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. PAGE NINE - CITY COUNCIL MINUTES - MARCH 23, 1993 4 . All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Manger. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. - 5. Structure shall be placed on-site as depicted on the plot plan and/or as modified by the Community Development Manager or designee. 6. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of building permit. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Manager, prior to issuance of building permit. 8. The project shall connect to sewer if a sewer line is within 200 feet of the project boundary unless it is demonstrated to the satisfaction of the Chief Building Official that this is infeasible. If the project does not connect to sewer, applicant shall submit a Soils Report which includes a sewage disposal plan referenced to the grading plan and approved by the Riverside County Health Department. 9. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 10. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12' x 20' (twelve-foot by twenty-foot) loading space as required by the City Municipal Code. 11. Construction trailers utilized during construction shall be approved by the Planning Division. 12 . All exterior downspouts shall be painted to match the building. 13 . Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or designee. 14. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 15. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 16. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. PAGE TEN - CITY COUNCIL MINUTES - MARCH 23, 1993 17. Any signage shall be approve by the Community Development Manager of designee. 18. The existing mobile caretakers residence and greenhouse (Quonset huts) shall be landscaped to screen these structures from Corydon Street. Plans shall be reviewed and approved by the City's Landscape Architect. 19. Prior to issuance of building permits. applicant shall provide assurance that the building is not situated within the restricted areas under the Alquist Priolo Act. 20. Prior to issuance of building permits, applicant shall provide a soils report for approval by the Engineering Department. a) Given that the proposed landscaping is within the Lake Elsinore Floodplain and given current flood conditions scheduling for landscaping for the project shall be as follows: The portion that runs along the Quonset huts and the chain-link fence between the park shall be planted by time of occupancy. Completion of the landscaping will occur within one year from the date the Lake Elsinore Outflow Channel is functional and/or flood waters have receded elevation of planting. A Landscaping Bond shall be posted with the City. 21. 2. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 22 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . Document can be obtained from the Engineering Department. 23 . The parcel shall have direct access to public right-of- way or be provided with a minimum 30 foot ingress and egress easement to public right-of-way. 24 . Pay all Capital Improvements and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution No. 85-26) 25. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. :• 26. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading approval. 27 . On-site drainage shall be conveyed to a public facility or accepted by the adjacent property owner by a letter of drainage acceptance or conveyed to a drainage easement, or conveyed to the Lake Elsinore Floodplain. 28 . All natural drainage traversing the site shall be conveyed through site or provided for by a method approved by the City Engineer. 29 . Developer shall contribute $7,500 towards the design and construction of a traffic signal at the intersection of Corydon and Mission Trail. This development will increase traffic at the intersection at least 5% and should contribute 5% towards construction. PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 23, 1993 30. Meet all the requirements of Chapter 15. 68 of the Municipal Code regarding floodplain management. 31. Meet all the requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulation. 32. Developer shall be subject to all Master Planned Drainage fees & will receive credit for all Master Planned Drainage facilities constructed. 33 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a civil engineer and approved prior to grading permit. Prior to any grading the applicant shall obtain a grading permit and post appropriate security. 34 . If applicable, the owner shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for a National Pollutants Discharge Elimination Permit (NPDEP) with a storm water pollution prevention plan. (SWPPP) prior to a grading permit. 35. No improvements shall be constructed below the 1, 265' msl (Ordinance 858) . 36. The building footprint lies above the 1,265 msl (mean sea level) , but below the 1, 267 msl (Exhibit "B") . According to Ordinance No. 858, building structures are permitted on areas higher than 1, 265 msl. To alleviate and/or mitigate potential flooding, the building pad elevation will be required to be 1, 266. 5 msl and the finish floor will be required to be 1,267 msl. The parking area lies below the 1,265 msl. According to Ordinance No. 858, Section 15. 68. 052, no buildings or improvements, and artificial changes in the topography are permitted below the 1, 265 msl. Engineering and Planning has agreed to allow the parking area to be made of three (311) of decomposed granite compacted at 950. 37. Given that the proposed building is within the Lake Elsinore Floodplain and given current flood conditions, building permits shall not be issued until the Lake Elsinore Outflow Channel is substantially under construction. 36. Ordinance No. 950 -- Graffiti Pro ram. (F: 79. 1) City Attorney Harper explained that this Ordinance for Graffiti reflects the direction Council gave at the last meeting. Councilwoman Cherveny stated that by tightening and beefing up the code she hoped the City could throw the book at the persons doing the graffiti. City Manager Molendyk explained that the Council wanted higher penalties and the State legislation only recommends community service time and a fine of $250. 00. If the Council adopts a $500 or $1, 000 fine, it would be used. City Attorney Harper explained that this addresses two different things. one is penal code violations which the City has no control of, and the other is a Municipal Code which the City has the right to enforce as a misdemeanor with up to one year in jail and a fine of up to $1, 000. Depending upon State legislature, it may be determined that their law preempts all other laws, but this will be decided in the future. He further stated that the Ordinance may have to be re-examined at a later date. PAGE TWELVE - CITY COUNCIL MINUTES - MARCH 23, 1993 MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE ORDINANCE NO. 950: ORDINANCE NO. 950 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, WITH REGARD TO THE CONTROL AND REMOVAL OF GRAFFITI. Councilman Alongi questioned 9 . 52 . 040 (1) , which prohibits the sale of pressurized cans containing paint or dye to persons under the age of 18 and explained that those persons who are under the age of 18 can simply go to Wildomar or Corona or elsewhere and purchase spray paint. He questioned the restriction on honest persons under the age of 18 who wish to purchase spray paint. He further addressed 9. 52 . 040 (2) and stated that he felt that it was unnecessary. THE FOREGOING MOTION WAS PASSED UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE 37. Declaration of Weeds Rubbish Refuse and Dirt as a nuisance and:-ordering Abatement Notices to be sent to Pro ert Owners - Resolution No. 93-15. (F: 166. 1) MOVED BY DOMINGUEZ! SECONDED BY CHERVENY TO APPROVE SETTING A PUBLIC HEARING FOR APRIL 27, 1993 TO CONSIDER ALL PROTESTS AND APPROVE RESOLUTION NO. 93-15 AS FOLLOWS: RESOLUTION NO. 93-15 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8. 32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12 , PART 5, CHAPTER 2 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8 .32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. Councilwoman Cherveny stated that she had several complaints in regard to trees being trimmed and stated that the notice does not specify that their trees need to be trimmed. She explained that on this notice tree trimming was not addressed. Community Development Manager Shear explained that because of the problems experienced last year it was decided that the tree trimming issue would be addressed through the Nuisance Abatement process and receive bids to comply with the process. Councilwoman Cherveny questioned if it was necessary to place something on the notice to that effect, to keep consistency, because last year we had large amounts charged to do the tree trimming and we need to provide information. Mr. Shear explained that last year's notice included tree trimming and if the people compare they will see that tree trimming was excluded in this year's notice. PAGE THIRTEEN - CIT.Y COUNCIL MINUTES - MARCH 23, 1993 Councilwoman Cherveny asked the consensus of Council as to whether they wanted to enforce tree trimming or not on this year's weed abatement program. Mayor Washburn advised that he had a request to speak on this item and called on Leon Strigotte. Leon Strigotte, 216 Chaney Street, explained that he felt that there should be something in the notice which addresses tree trimming. He further explained that the Nuisance Abatement process is a long drawn out process and is costly in staff time and he felt that it should be addressed at the same time as weed abatement of the property. He further explained that he wanted to see the City continue its abatement program and keep the City clean. Mr. Strigotte made the recommendation not to modify the program, but to continue to do the weed and nuisance abatement on lots and pass the charges onto the public to maintain the City. Councilwoman Cherveny explained that she would like to see items addressed in red on the notice to better point out the issues that will be addressed by weed abatement. Mayor Washburn asked how many people questioned the amount charged for tree trimming and explained to the public why tree trimming has been a part of the weed abatement program. Community Development Shear advised that there were several. Councilwoman Cherveny asked if tree trimming could be added back in. City Manager Molendyk stated that he did not feel that staff had received direction from Council to drop tree trimming. There was discussion in regard to nuisance abatement and funding. City Attorney Harper explained that the State of California Statute allows such things as abatement in the case of tree trimming to be added to property taxes. City Manager Molendyk explained the time difference between nuisance abatement and weed abatement. He further explained that nuisance abatement takes approximately 120 days and weed abatement is an annual program and the trimming would be done at the time of property abatement for weeds. AMENDED MOTION BY DOMINGUEZ, SECONDED BY CHERVENY TO INCLUDE TREE TRIMMING IN NOTICE AND ALL APPROPRIATE INFORMATION HIGHLIGHTED IN RED. THE FOREGOING MOTIONS WERE APPROVED BY A UNANIMOUS VOTE. 38. Award of Contract for Flint Street at Yarborough Park and Main Street/Pottery Street Intersection Improvements. (F:156.2) City Manager Molendyk gave an overview of the project and explained that this would improve the parking at Yarborough Park and related street improvement. He further stated that staff s recommendation was to reject the low bid of $49, 155. 07 from Moreno Asphalt and Seal Coat Company, and award the bid in the amount of $55, 476. to Eastland Construction, Inc. It was requested that the low bid be rejected due to the fact that they do not have the proper contractors license for the project. City Attorney Harper asked if a representative from Moreno Asphalt and Seal Coat Company was present to address Council. No one approached Council from Moreno Asphalt. PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 23, 1993 Councilwoman Cherveny asked for the exact reason for rejecting the bid. City Attorney Harper stated that they did not have the appropriate license to perform the work required for the project. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-1 VOTE WITH WINKLER ABSTAINING TO REJECT THE LOW BID OF $49, 155. 07 FROM MORENO ASPHALT AND SEAL COAT COMPANY AND ACCEPT THE BID OF $55, 476 AND AWARD CONTRACT TO EASTLAND CONSTRUCTION, INC. 39. Sk3Llark Airport -_Landing Stri . (F:14 . 1) Councilwoman Cherveny explained that she had received several letters in regard to Skylark Airport and this prompted her to place this item on the Agenda due to the concerns of the owners in the Serenity Home Tract regarding planes taking off over their homes. Mayor Washburn asked that it appeared in the records that this item was to return to Council upon approval of the other agencies. Mayor Washburn then called upon the persons who requested to speak as follow: Mr. Gary Douris, P.O. Box 1419, Lake Elsinore, explained that the State of California Cal-Trans and the City of Lake Elsinore had make it plain that no planes would take-off or land over a residential area. He further explained the alternate runway and explained how the planes take off and land without going over the housing tract. Mr. Walter O'Neil, 32410 Somerset Drive, stated his objection to the Council taking action without notifying the homeowners who will be affected by these decisions. Theresa DeAnge, Serenity Homes, stated her objections to the proposed landing strip and explained that it seemed that the planes were landing on her roof and this has caused her and her family great distress. Chris Hyland, 15191 Wavecrest, concurred with the homeowners of Serenity Homes Tract and stated that she felt that Council should have notified them before their action. Thomas Byrd, 32450 Racquet Club Way, stated his objection to the temporary runway due to safety factors. He stated that he had no problem with people pursuing their sports, but not at the risk of other people. Phil Williams, P.O. Box 519, Lake Elsinore, stated that if the City was going to allow planes to fly over private residents then he felt that Skylark Airport should give an indemnity insurance agreement, protecting those people in case of a casualty. He further stated that there should be restrictions in regard to flight times. Leon Strigotte, 216 Chaney Street, explained that when he was on Council he voted against the Serenity housing project because it is adjacent to the airport and there is no regulation of the airport nor enforcement of any air laws. This constitutes a major safety hazard to the people in surrounding residences as well as. the fact that there is no proper maintenance and the people' that live on Corydon have a tremendous amount of dust during the weekend as there is no water truck to mitigate that problem. PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 23, 1993 Edith Stafford stated that she concurred with the residents that there should have been more notice and as long as the plane did not take otf or land over the school or Serenity Tract she did not have a problem. Tony Brogdon explained 'the proposed runway and explained that the runway would be used by small planes only. Operations have ceased regarding jumping at this time due to the flooding, and majority of use will be by Larry Perkins to continue to do his maintenance business. Mr. Brogdon further explained that the airport does bring income to the community through use of the local shopping, restaurants and hotels. Councilman Winkler explained that the people of this organization are friends of his and he explained a jumpers responsibility to the community. He further explained that since Skydive California, Inc. has taken over Skylark Airport the airport is responding to the new regulations and existing conditions. He further stated that he would like to have staff check recent accidents of small planes at other airports in the area as well as the effect it has on surrounding homes. Mr. Winkler asked that staff find out how much transit traffic occurs over the weekend at the airport. Mr. Winkler asked Mr. Brogdon if the airport is in operation now. Mr. Brogdon explained that it has not been in current operation. Councilman Dominguez stated that one of the conditions that the sellers had to make to the homebuyers for the Serenity Tract, was that they were right next to airport activity. Councilman Alongi stated that when the homes were bought it was a different runway than what is being proposed. There was general discussion in regard to the runways: Mr. Alongi questioned the drainage ditch and also the lack of notification to the affected homeowners. He further stated that it was his understanding that this was to be brought back to City Council for review by the City Attorney and final approval by the Council and this had not been done. Councilwoman Cherveny explained that she had brought this item to Council because of homeowner's concern. She further explained that she felt that the Council needed to study the airport and she would like to see all landings and take-offs suspended until a ruling is made. MOVED BY CHERVENY TO SUSPEND ALL TAKE-OFFS AND LANDINGS AT SKYLARK AIRPORT. MOTION DIED FOR LACK OF A SECOND. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO CONTINUE THIS ITEM UNTIL COUNCIL HAS FURTHER INPUT IN REGARD TO ACCIDENTS AND INPUT FROM THE DEPARTMENT OF TRANSPORTATION AT THE NEXT STUDY SESSION, ON APRIL 1, 1993 AT 3 : 00 P.M. A SUBSIDIARY MOTION WAS MADE BY CHERVENY, SECONDED BY ALONGI TO DENY THE LANDING AND TAKE-OFFS FROM SKYLARK AIRPORT. THE SUBSIDIARY MOTION FAILED BY A 2-3 VOTE WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. THE ORIGINAL MOTION TO CONTINUE THIS ITEM WAS APPROVED BY A 3-2 VOTE WITH ALONGI AND CHERVENY CASTING . THE DISSENTING VOTES. PUBLIC COMMENTS- NON-AGENDIZED ITEMS Albert Bishop, 300 Ellis Street, stated that he felt that the Recall was not going to accomplish anything and asked that Council try to work together. PAGE SIXTEEN - CITY COUNCIL MINUTES - MARCH 23, 1993 Rick Zwiefel, 101 S. Main Street, Antique Emporium, expressed his objection to Wal-Mart and cautioned against suing the City Council for personal gain. Vivian Beaumont, 30630 Brookstone Lane, criticized the Mayor and councilmembers for disregarding the opinions of the community in regard to annexation and supported the Recall. Aggie Goodacre, 28760 Red Gum Drive, stated that she supported Mayor Washburn and ask for a no vote on the Recall. Dr. Ron James, 209 Mohr, spoke in favor of the Recall. John Grucella, 28484 Wood Mesa Court, reminded people to inform themselves and spoke in favor of the Mayor. Helena Holman, Lake Elsinore, stated her concern regarding the recall signs and developer signs. She further stated her concern and objection to the runway at Skylark Airport. Tony Gilenson, 151 N. Torn Ranch Road, expressed his concern regarding the Council and explained that he felt that the Mayor did not have the best interests of the community in his decisions, and spoke in favor of the Recall. Philip Williams, P.O. Box 519, Lake Elsinore, explained that he felt that Councilman Winkler should not vote on any issues regarding Wal-Mart because his firm represents Mr. Williams and it is a direct conflict. He asked that Mr. Winkler abstain on future decisions. Robert W. Houts, 32946 Rose Avenue, asked that Council pursue an agreement regarding launching rights for the County residents. Marge Rieder, 300 N. Ellis, expressed her disfavor with Mayor Washburn and stated she was in favor of the Recall. Chris Hyland, 15191 Wavecrest Drive, stressed her opinion in regard to Mayor Washburn and spoke in favor of the Recall. John McColley, 29072 Palm View, stated his opposition to the Recall and cited the unnecessary cost of the election. Leon Strigotte, 216 Chaney Street, spoke in favor of Mayor Washburn and stated that the persons who are working for pro-Recall are not necessarily telling the truth and cited the improvements within the City that the previous Council was responsible for. Ace Vallejos, 15231 Cove Creek, stated his concern regarding the lights at Lakepoint Park. Mayor directed him to see the Community Services Director. Chris McColley, 29072 Palm View Drive, commented that the Recall was causing a split in the community and was costly to the tax- payers. She spoke in favor of the Mayor and spoke in opposition to the Recall. Bob Williams, P.O. Box 519, Lake Elsinore, criticized Mayor Washburn for his action in regard to Wal-Mart and spoke in favor of the Recall. Edith Stafford, Lake Elsinore, questioned the cost of the Lake and explained that CLEAN is not responsible for some of the signs that have been posted for the Recall; that they were done by a private party. She spoke in favor of the Recall. Dave Hinton, 33350 Adelpha, spoke in favor of an agreement regarding launching rights for the County residents and addressed the condition of the lake. PAGE SEVENTEEN - CITY COUNCIL MINUTES - MARCH 23, 1993 Lela Cardoza, 300 Ellis St. , spoke in favor of the Recall and the signs which are being removed by the anti-recall people. Peter Dawson, 18010 Grand Ave. , expressed his concern regarding the Lake rights of the County residents and asked for cooperation by the Council for a Lake launching agreement. MAYOR WASHBURN DECLARED A RECESS AT 10: 10 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:20 P.M. - 1 CITY MANAGER COMMENTS Reported on the Recognition Dinner for County Fire Fighters on Saturday night. Assured the public that should it rain next week the City is prepared to take the necessary safety steps. Reaffirmed April 1, 1993 , at 3 : 00 p.m. as the Work Session for the Skylark Airport. Reported there is a possibility of two alligators loose in the lake and that L.E.A. F. and the State Fish and Game will be trapping them. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. Expressed his sympathy to the family of the Senior citizen that died today and commended her in memory on her active role in the community and the caring she showed toward her fellow man. Councilwoman Cherveny commented on the following: 1. Expressed her sorrow over loosing a Senior who was a quiet contributor in the community. 2 . SOK will be having a bake sale on April 9 at K-Mart and on April 10, at Stater Brothers. They will be selling goodies for Easter baskets 3 . Lake Elsinore Civic Light Opera will be presenting Fiddler on the Robb at the Stephen Price Theater on March 26, and 27, at 7: 30 p.m. and on March 28, at 2 : 00 p.m. The tickets are $15. 00 and the numbers to call are 678- 6240 or 678-3747. She recommended that the community support this activity. 4 . Reported that she participated in the Principal for a Day at the Temescal High School and stated that it was a good experience. Councilman Winkler commented on the following: 1. Explained that Robert Christen, City Planner had been in a serious car accident and that he and his family are praying for him. Mayor Washburn commented on the following: 1. Reported that he had participated in Principal for a Day at the Lake Elsinore Middle School and that he had attended there when he was young and was very proud of what has been accomplished. He asked that Staff and Council consider adopting a school each year to assist the school system. PAGE EIGHTEEN - CITY COUNCIL MINUTES -- MARCH 23, 1993 2 . The loss of the Senior who he admired puts life in perspective and helps to make you realize how important people are. Both Family and Friends. He further stated that the current political situation has no meaning in comparison to this. 3 . He stated that he is praying for Robert Christen and the family of the Senior. The Regular City Council Meeting was recessed to the Redevelopment Agency Meeting on March 23, 1993 to hold a Joint Closed Session to hear potential litigation. Due to the lateness of the hour the Redevelopment Agency Meeting was adjourned to March 2S, 1993, At 5:00 p.m. THE CITY COUNCIL MEETING WAS RECESSED AT 10: 36 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 6:30 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD TO DISCUSS MATTERS OF POTENTIAL LITIGATION MARCH 25, 1993 , AT 6: 30 P.M. THE CITY COUNCIL MEETING WAS RECONVENED MARCH 25, 1993, AT 6:51 P.M. WITH NO ACTION TAKEN ADJOURNMENT THE REGULAR CITY COUNCIL MEETING S ADJOURNED MARCH 25, 1993 , AT 6:51 P.M. GAR OM. WASHBURN, MAYOR Respectfully submitted: Adria L. Bryning, Depu Cit rClerk A TEST: VICKI KASAD, CITY CLERK MINUTES SPECIAL JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING CITY .OF . LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 30, 1993 CALL TO ORDER The Special Joint City Council/Redevelopment Agency Meeting was called to order by Mayor Washburn at 4 : 10 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS/BOARDMEMBER: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. BUSINESS ITEM Lake Transfer Agreement. (F: 68 . 1) (X:92 . 1) Councilman Winkler commented on the ongoing process to obtain the Lake Transfer Agreement and advised that he had been in Sacramento negotiating on Friday, March 26 and Monday, March 29, with the final document faxed this date. He noted that there was a separate underlying agreement for lake operations. He read the following memo from Gregory V. Moser, Special Counsel dated March 30, 1993 : The State of California has proposed an agreement to transfer the Lake Elsinore Recreation Area. It is my understanding that this proposal is being provided concurrently to the City and the Elsinore Valley Municipal Water District. This memorandum summarizes the most significant features of this agreement. Lake Transfer. The Lake Elsinore Recreation Area would be transferred to the City of Lake Elsinore as of July 1, 1993 . At that time, the City would receive from the State $1. 5 million to be used in connection with the lake. The City would also accept an assignment of the concession agreement from the State; however, the State would remain responsible for the current litigation with the concessionaire over the payment of certain fees. The City will receive title to the lake, the exclusive right to the use of the surface of the lake, and the PAGE TWO - JOINT SPECIAL MEETING MINUTES - MARCH 30, 1993 right to add or remove water from the lake for recreation aesthetic purposes. This is in precise accord with the agreement between the City and the Elsinore Valley Municipal Water District. The City would be obligated to use these assets for public park and recreation purposes; if it fails to do so, the State of California could reenter the property. Patrol Services and Management. Under a related agreement, the State will continue to provide the current level of park patrol and management services through June 30, 1994 . Thereafter, the City would gradually increase its role in lake patrol and management until it becomes fully responsible in October, 1995. The State would also provide the equipment currently being used at the lake to the City. Water Rights. The State would reserve, for subsequent grant to the Elsinore Valley Municipal Water District, its water rights, and an easement to store water in the lake above the 1240' elevation, and the right to use the island wells, in precise accordance with the language of the agreement between the City and District. The District's easements for water storage, water rights and the use of the island wells would have to be used in a manner consistent with the City's use of the Lake Elsinore Recreation Area for public park and recreation purposes, or be subject to reversion to the State, just as the City's rights are. These property rights would not include the right to use the surface of the lake, which is specifically reserved to the City. Upon execution of this proposed agreement with the State by the City, and its approval by the Elsinore Valley Municipal Water District, the City would have an obligation to pay $3 million to the District, under the terms of the City-District agreement. Councilman Winkler noted that since this was a business item, public comments were not necessary, but yielded the floor to those requesting to speak. Ken Van Vechtan, representing Supervisor Bob Buster read the following letter to Mayor Washburn from the Supervisor dated March 30, 1993 : It is with grave concern that I am writing in regard to the pending lake transfer agreement. While I support local control of Lake Elsinore, I am bothered by the timing of this meeting, the dearth of information regarding the transfer and the inability of the pubic to properly review and comment on this particular transfer agreement. I am specifically concerned about the following: * As of 10 a.m. this morning, the City, hence Riverside County, other local agencies and interested residents, did not have in its possession a copy of the agreement. It troubles me that such an important decision would be contemplated without the public and affected agencies PAGE THREE - JOINT SPECIAL MEETING MINUTES - MARCH 30, 1993 having the full and complete opportunity to review the document. * City staff comments aside, the County and residents of the unincorporated areas do have a vested interest in the lake transfer and what 'transpires in its aftermath. Land-use in adjoining areas, recreational development and launch rights are but three areas of concern that are directly affected by lake ownership. * Public utterances notwithstanding, the City appears to have done little to assuage public fears that launch rights will cease when the City assumes control of the lake. The City has even gone so far as to seek outside legal counsel's opinion on launch rights, and that opinion does not bode well for Lakeland Village residents. I do not advocate a free-for-all on Lake Elsinore. The City will need to police the lake and control the use of it. However, I cannot sit idly by and watch County residents being denied access to the lake. * When transfer negotiations began, the City was required to develop a lake use, development and recreation plan. No such plan exists, nor does it appear as if one will be required. However, the City is proceeding with the Lake Edge Specific Plan. I continue to be willing to work with the City on Lake Edge, but only with the continued input of Lakeland Village residents. I empathize with the City's desire to secure the lake. However, a transfer authorized today will prove no more beneficial to the community than one authorized next week, or next month. It would be inappropriate- to take precipitous action on a document few people have seen. The importance of this issue demands a full public accounting. To that end, I hope that you will postpone a decision on this matter and join with me in co- sponsoring public hearings on this version of the lake transfer agreement. Thank you for your time and best wishes to you and the Council. I look forward to hearing from you on my concerns and my offer. Carol Shackleford, 16022 Grand Avenue, representing Weekend Paradise R.V. Park, echoed the comments of Supervisor Buster. She commented on the process which was to include working with the County. She stressed the rights of the residents to have lake and beach rights. Bob Williams, P.O. Box 519, commented that he had not seen the agreement. He indicated that Councilman Winkler is his attorney and expressed concern that this agreement would impact his property holdings and water rights. i Lela Cardoza, 300 Ellis, questioned the hurry for this meeting. She commented that she was surprised that Councilman Dominguez would allow Councilmembers Winkler and Washburn to tell him how to vote. She suggested more time be taken for this decision. PAGE FOUR - SPECIAL JOINT MEETING MINUTES — MARCH 30, 1993 B.J. Grant, questioned whether there were side-line agreements to this contract. He suggested that the Council had not fulfilled its obligations to the State under AB 1697, to meet and negotiate with the County residents. Ken Howard, 17540 Grand Avenue, commented on the Lake Edge Plan and the zoning for the south shore. He suggested that the Mayor had- used his authority to do Collier Avenue for the Outlet Center to draw businesses selling foreign merchandise. He stressed that the County residents are entitled to their launch rights due to the high prices paid for their property. He commented on population estimates for the future and noted that the lake is already too small for the population. Helena Holman, addressed Mayor Pro Tem Dominguez suggesting that the credit deserved is not being given. She noted that if Mayor Washburn is recalled then Mr. Dominguez will be the Mayor and receive the feedback and consequences of this agreement. Marge Rieder, 300 Ellis, questioned the big deal of lake ownership. She stressed the difficulties in keeping water in the lake and the concerns with reclaimed water use. Leon Strigotte, 216 Chaney Street, commented on the County residents. who don't want to be in the City limits, but want to dictate to the City. He indicated that this agreement is the result of a long term effort. He noted that he did not hear that the agreement intended to cut out launch rights. He stressed the importance of this agreement, in allowing the City to control the lake and clean it up. He stressed that this is the culmination of 13 years of negotiations and discussions. He further stressed that he had heard no mention of loss of launch rights. Dick Knapp, 29690 Dwan, indicated that he was uncertain what was occurring and questioned the receipt of this document. He questioned the level of planning on this issue and suggested that the Council wait to approve the contract. Edith Stafford, commented that this action supports her belief that the recall is the right action. She hoped for the Council to use their conscience in voting on this issue. She demanded that the County residents and the City residents be provided with the document. She further demanded that she see a copy of the agreement before action is taken. Chris Hyland, 15191 Wavecrest, asked why this meeting was being held. She questioned the remaining town hall meetings on the lake R and why the City could not wait for this action. She suggested that everything had occurred behind closed doors. Daniel Orrey, 150 E. Lakeshore, indicated that he was appalled that the Council would consider a document of this magnitude without reviewing it. He stressed the importance of the Lake for the Community. He asked for consideration of tabling this agreement for further study. Peter Dawson, 18010 Grand Avenue, representing Southshore Homeowners Association, commented on the 500 water front residents in the County area versus 7 in the City.. He stressed the concerns of the County residents, indicating that the Southshore Homeowners PAGE FIVE - SPECIAL JOINT MEETING MINUTES - MARCH 30, 1993 Association is not comfortable with this approval without an agreement on their launch rights. He requested that the Council allow time for the inspection of the document. Councilman Winkler commented on proposed agreement indicating that it does more than transfer the lake from the State to the City; it incorporates the City/Water District Agreement, which nothing in this agreement would intend to change. He explained that launch rights are not an issue of the transfer itself, noting that any rights held by the State will be acquired. He noted that the Lake Edge Specific Plan was still being reviewed, and a letter has been sent to County residents by the Mayor indicating that launch rights should be protected. He indicated that the only other issue in this agreement is the payment of $1. 5 million to the City from a 1986 Bond issue. He noted that this transfer was his goal when he assumed the Chairmanship of the Redevelopment Agency. He stressed that his meeting with the State was to wrap up pending issues. He detailed the levels of service to be provided by the State through the transfer and equipment to be provided by the State. MOVED BY ALONGI, SECONDED BY CHERVENY TO POSTPONE THIS AGREEMENT TO THE NEXT REDEVELOPMENT AGENCY MEETING. MOVED BY WINKLER, SECONDED BY WASHBURN A SUBSIDIARY MOTION TO APPROVE THE LAKE OPERATIONS, AUTHORIZE THE MAYOR OR MAYOR PRO TEM TO SIGN ALL APPROPRIATE DOCUMENTATION RELATING TO THE TRANSFER AND AUTHORIZE THE CITY/REDEVELOPMENT AGENCY TO PUT INTO ESCROW $3 MILLION AT THE EARLIEST POSSIBLE POINT IN TIME. Councilman Winkler noted that another issue of urgency is the recall election being held this date. He suggested that if the recall is successful the City may close down and he wants to ensure that the agreements are finalized. THE SUBSIDIARY MOTION WAS APPROVED BY A VOTE OF 3 TO 0 WITH ALONGI AND CHERVENY ABSTAINING FROM VOTE. Councilwoman Cherveny indicated that she had abstained from vote because the information was not provided in sufficient time for review. ADJOURNMENT THE MEETING WAS ADJOURNED AT 4 : 50 P.M. GARY WASHBURN, MAYOR CIT LAKE ELSINORE TE T• , l VICKI KA AD, CITY CLERK CITY OF LAKE ELSINORE JIM WINKLER, CHAIRMAN T REDEVELOPMENT AGENCY ;KLA "AD, CLERK OF THE BOARD REDEVELOPMENT AGENCY MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY WORK SESSION CITY OF LAKE ELSINORE 130 'S. MAIN STREET LAKE ELSINORE, CALIFORNIA j THURSDAY, APRIL 10 1993 CALL TO ORDER The Work Session was called to order by Mayor Washburn at 3 : 05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS: DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, CHERVENY Also present were: City Manager Molendyk, City Attorney Harper, Director of Special Projects Watenpaugh and City Clerk Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Director of Special Projects Watenpaugh. DISCUSSION ITEM 1. Use of Runways - Skylark Air ort. (F: 14 . 1) I Director of Special Projects Watenpaugh commented on the history of the airport and detailed recent discussions concerning the temporary use of the alternate runway. He further commented that upon investigation, he had found indications of only two crashes in the last 3 to 3-1/2 years. He noted a substantial amount of "transient" air traffic in this airport. He also noted that the runway was presently blocked to prevent landings. He addressed questions of safety, advising that the airport is required to follow Federal and Caltrans safety requirements; responsible authority for citations being City Police Officers or Code Enforcement; responsibility for suggesting changes, which lies with Tony Brogdon, Airport Manager; and existing Conditional Use Permits, which are held by the airport and Skydive California. He explained that the runway being considered for temporary use was closed in 1987 when Jean Hayman School was constructed. He further explained that an avigation easement . exists over the Serenity Homes tract. He advised that what is presently being requested is the ability for one plane per week to take-off and land in connection with the airplane repair business of Mr. Perkins. He stressed that the School District has no problems with this request and does not even feel Board consideration is necessary. He also noted discussions with Mr. Reasons and Mr. Ferguson of the Department of Transportation, in which they indicated their concern is insuring that safety requirements are met for the runway. Mayor Washburn requested clarification of the runways and their direction. Mr. Brogdon showed the runway PAGE TWO - WORK SESSION MINUTES - APRIL 1, 1993 configuration, noting that the normal operation runway is toward the Lake. Mayor Washburn requested clarification of the letter previously authorized by the City Council. Mr. Brogdon clarified that it allowed for use of one Cessna and one Otter, With DC-31s excluded. Director of Special Projects Watenpaugh noted that there are currently no approvals for night take-offs or landings, because there is no lighting in place. Mayor Washburn commented on the original approval of the Serenity Homes tract. He questioned the details of the CUP, believing that it regulated only buildings and lighting. He also questioned the ability of the City to regulate the operations. City Manager Molendyk indicated that staff has now been told by Mr. Reasons that it is the Cityts responsibility to close a runway. He noted that there is some uncertainty as to what the current problem is. He questioned whether this is an ongoing problem which might be related to the airport management or whether it is only a problem due to the recent flooding and temporary runway. He noted that clarification has been provided that Mr. Brogdon is the Airport Manager. He explained the ability of local law enforcement to obtain numbers from the planes and cite the planes when on the ground at the airport. Mayor Washburn questioned the enforcement issues. Mr. Brogdon detailed an example which occurred on March 23rd, in which a gentleman was told he could not fly out of the airport and would be "'required to remove the wings and transport via land. The man disregarded this information and took-off from Skylark and landed at Chino Airport. He has since been arrested and is in jail in connection with this incidence Councilman Winkler inquired when the water truck was placed to block the runway. Mr. Brogdon indicated it was placed on March 24th. Mayor Washburn inquired whether there was a runway not controlled by Mr. Brogdon. Mr. Brogdon indicated that there was one on Mr. Pribble's property, however is not an approved runway. Mayor Washburn questioned the number of aircraft at this airport and the logging system used. Mr. Brogdon indicated that they have a list of the planes tied down at Skylark, and the Cessna is the only plane currently authorized to take-off and land. Pamela Rieder, resident of Racquet Club Way, alerted Council to the danger of this runway being pointed toward the Serenity Homes tract. She noted that she has spoken with Mr. Brogdon previously. She suggested that is someone was at the airport to log the flights it would assist in controlling the aircraft. She addressed the take-off on March 23rd indicating that it took-off directly over the Serenity Tract at a low altitude. She stressed that the residents are not against the airport, but are concerned with the flights since the flooding PAGE THREE - WORK SESSION MINUTES - APRIL 11 1993 occurred. She further. stressed the risks noting crashes in Cerritos and Perris."` She expressed concern with the enforcement issues, noting response time by the SheriffI's Department. City Attorney Harper requested clarification that the CC & ROs included a statement relating to the avigation easement. Mrs. Rieder confirmed that it was included, but noted the requirement that it be used as "authorized by law", stressing that the law is not being .followed. Councilman Winkler inquired whether there have been problems in the last 8 days since the water truck was placed to block the runway. A resident indicated that one flight had occurred this date, suggesting that it was very near the Serenity Tract. Mayor Washburn commented that the flooding problem occurred quickly and efforts have been made to solve the problems without safety concerns. He further commented that the skydiving has already ceased and Mr. Perkins is attempting to continue business. Ed Mobley, resident of Somerset Drive, addressed insurance and financial liability for the City. He particularly noted the transient air traffic and suggested that the City had a responsibility to prevent it. Mayor Washburn clarified the confusion that previously existed as to who could control the facility. City Attorney Harper clarified that while F.A.A. has indicated that the City can control the land use, the responsibility shifts to F.A.A. , once the planes leave the ground. Mr. Mobley further commented on unauthorized uses and liability on the part of the City, particularly with "deep pocket" legislation. City Attorney Harper indicated that he would disagree with Mr. Mobley on the level of liability, in that any lawsuit would include the airport as a defendant and liability on the part of the City would be very unlikely. City Manager Molendyk indicated that he heard the neighborhood saying there was no problem under normal conditions, and since this is part of the emergency actions he questioned the time frame for this temporary runway and whether other runways could be used. He noted that it would be necessary to assure proper management in any case and questioned the meaning of "temporary" in this case, and when "normal" operations would resume. Mr. Brogdon indicated that it could take two years for sufficient evaporation to occur. He addressed Mrs. Rieder on the unauthorized flight and noted that the last plane at the airport had left this date and would not return. He clarified that the current request would be to allow for one plane per week for Mr. Perkins repair operation. He noted that Mr. Perkins ability to continue business would ensure that someone would be present 10 hours per day to monitor any unauthorized flights. He stressed the blockage of the runway and the departure of the last plane. PAGE FOUR - WORK SESSION MINUTES - APRIL 1, 1993 Mrs. Rieder indicated that they are unsure that this will be all. She expressed concern with a flight of the DC-3 and suggested that there is a credibility problem. She indicated that she could see no assurances that planes would not take- off and land. She requested clarification of the current request. Larry Perkins, 32019 Corydon, adjacent to the airport, detailed his background with the airport and aircraft maintenance. He explained that he has made a request to Caltrans to be able to bring aircraft in for maintenance. He read his letter of request for use of the temporary runway, indicating he would bring one aircraft per week in to the airport. He detailed the types of aircraft which could be anticipated. Mrs. Rieder questioned the flight pattern proposed to the Transportation Department. Mr. Perkins indicated that he had requested it as proposed in the diagram presented. He stressed that the flights would go no closer to the Serenity tract than Mr. Pribble's hangar. He demonstrated the take-off of the flight this date on the map. He explained that the two runways currently underwater would use a pattern almost directly over the Serenity tract at approximately 800 feet. He stressed the efforts of the pilots to be good neighbors to nearby homeowners. He commented on "outlaw" flights and explained that the potential for them always exists, particularly if the airport is completely closed and no one is present. Councilman Winkler questioned Mr. Perkins request to the Department of Transportation, and whether it would require that he pilot the planes. Mr. Perkins advised that this would primarily be the case, but in some instances he might be the co-pilot instead. Councilman Winkler questioned whether the departure was the most crucial concern. Mr. Perkins indicated that departure and landing were nearly equal. Mayor Washburn commented that skydiving has been suspended for 4 to & months. City Manager Molendyk inquired based on the six month suspension of skydiving, what assurances the residents would want. He inquired whether there would be some benefit to pumping the. water from the runways. Mr. Perkins indicated that more is involved than the runways. Ann Jonsson, resident of Rolling Hills Estates, detailed her experience as a pilot and her participation in the formation and operation of the Lake Elsinore Soaring Club. She detailed accident statistics obtained from the National Transportation Safety Board. She indicated that pilots will make every effort to avoid housing areas and land in a field, on a road or other open space. ' She suggested that the airport representatives meet with the homeowners to address concerns, noting that this has not occurred to date. She commended the operators of Skylark for their concern and professionalism. Councilman Winkler question the current status of Mr. Perkins PAGE FIVE - WORK SESSION MINUTES - APRIL 1, 1993 request. Mr. Brogdon indicated that three letters are necessary, one from''the Sheriffs Department, one from the City and one from the airport owner. City Attorney Harper clarified the ability to modify the existing Conditional Use Permit through the public hearing process. Councilman Winkler stressed that no action could be taken at this meeting. He commented that if a danger exists the City should respond. He further commented that he had gone to the site and reviewed the situation and gone on a flight. He concurred that the turn was completed before the hangar building owned by Mr. Pribble. He further concurred that concerns do exist for transient air traffic. He stressed the actions taken by the airport to prevent air traffic. He noted that he would personally trust Mr. Perkins based on his acquaintance with him and his reputation. He assumed responsibility for not notifying the residents prior to the consideration of the letter of support. He expressed satisfaction that the concerns are being addressed. He commented that based on his experience he does not feel the homes are at risk, particularly in comparison to the incident in Perris, which occurred just off the runway. Ms. Jonsson stressed the statistics for planes which are out of control and that only 11 deaths have occurred in 10 years, all of which related to the Cerritos Incident. Councilman Winkler requested that Mr. Brogdon take down the names of the residents present at this meeting and get together and meet with them. Mrs. Rieder reiterated that there have been no problems until this runway began to be used. She expressed concern for the credibility of the airport operators. She further expressed concern with a lack of certainty that an accident will not occur. She questioned who could ensure that the laws are not broken. Councilman Dominguez commented on his experience with the runways and the Serenity Tract, noting he was involved when this tract was originally considered. He noted that the concern at that time was for the Jean Hayman School. He further noted that the developer was required to advise potential residents of the airport and the avigation easement. He stressed the fact that flights have occurred over Serenity all along. He commented that the biggest concern appear to be control and communication. Mayor Washburn commented that every time there are emergencies in the Community, situations are created that are not perfect. He stressed the efforts to respond to the situation under a sense of urgency. He further stressed that this at times requires decisions to be made on the spot. He also stressed that Council is looking for a short term solution to the problem and assurances that it will not become a long term situation. City Attorney Harper questioned the potential of adjusting the runway angle slightly to alleviate concerns. Mr. Brogdon PAGE SIX - WORK SESSION MINUTES - APRIL 1, 1993 indicated that he did suggest that to Caltrans, but a drainage ditch prohibits such a change. Mr. Harper suggested a very slight variation. Curly Annis, Operations Director at the Airport, explained that another problem with angling the runway is the ground, as this location is the only section that remains adequately solid with the water that is encroaching on the airport. ' He stressed that much of the ground is too soft. City Attorney Harper inquired what would happen if the end of the runway was shifted a few feet. Mr. Perkins indicated that is required to be at least 125 feet from the property line. Mr. Annis explained the limitations of the property such as power facilities and poles. Discussion ensued as to possible alternative configurations. Councilman Winkler questioned how much space could be gained by taking the runway back to Cereal Street. Mr. Perkins indicated that they could gain approximately 280 feet. Mr. Brogdon indicated the mobiles are in the process of being moved and he would agree to this change. City Manager Molendyk inquired of Mrs. Rieder if this plan was acceptable. Mrs. Rieder expressed continued concern with the credibility issue. She indicated that the best situation would be guarantee that the airport was not in use, however if it is feasible to shifted the runway back it would make sense to her. She questioned the level of risk, if the schools mandate that flights not occur over them. City Attorney Harper. clarified that the reason for the change was because the funding for the school would have been pulled. Mayor Washburn stressed the need to find a level of tolerance and understanding between the two sides of this issue. He indicated he was looking for cooperation to make the situation acceptable to both sides. He stressed the need for reasonable discussions to occur. City Manager Molendyk requested clarification that the direction to staff is to have the operator look at moving the runway back 280 feet and assist in coordinating a meeting between the airport operator and the residents. Councilman Winkler indicated he felt that 270 feet should provide an better cushion and ease some of the concerns. A gentleman in the audience commented on restrictions placed on runways on military bases and in other communities. He indicated that he is aware of the existing easement and noted that he is now aware of the temporary closure and that the operator is responsible for the airport and its safety requirements. Mr. Brogdon indicated that when he heard there were concerns he called every person he'heard had concerns and stressed that this does concern him as well. He stressed the difficulty of discussion at the previous Council meeting, due to the unruliness of the crowd. He detailed his background in planning skydiving events worldwide and noted his primary concern with addressing what could go wrong. He indicated that he does his best to control the situation, and will PAGE SEVEN - WORK SESSION MINUTES - APRIL 1, 1993 pursue steps to address the gentleman who took-off illegally. He expressed a desire to meet with the residents to address their concerns. Mayor Washburn indicated that Mr. Watenpaugh is the lead staff representative on this matter and any further concerns or discussions can go to him. He hoped that Mr. Perkins and Mr. Brogdon would work to resolve the situation. He stressed the temporary nature of this runway usage. City Manager Molendyk commented that it is a advantage to the City to know with certainty that Tony Brogdon is the authorized Manager of the Airport. Mayor Washburn suggested discussion of date and time before the residents leave this meeting. Mr. Watenpaugh questioned the time line for the next meeting. Mr. Brogdon indicated he is waiting for a letter from the owner Mr. Kakkar and one from the City. Councilman Winkler indicated that this could be on the next agenda, and suggested that the meeting be held as soon as possible. He stressed that the first concern is safety and peace of mind for the residents. THE WORK SESSION WAS ADJOURNED AT :40 P.M. - GARY WASHBURN, MAYOR teKI ST: KASAD, CI CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 13, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Acting City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS CEREMONIALS Mayor Washburn commented on the Easter Egg Hunt held on Sunday, April 11, 1993 . Community Services Director Sapp commented on the 4th annual Easter Egg Hunt sponsored by the City and showed slides of the event. He indicated that approximately 600 children had participated. He noted that Toys Unlimited had provided a Clown for the event and contributions were received from K-Mart and Vons as well. Mayor Washburn further commented on the success of the event. (F: 62 . 1) PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6, 8 and 9. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Adjourned City Council Meeting - March 11, 1993 . (F:44.4) b. City Council Work Session — March 16, 1993 . (F:44.4) PAGE TWO - CITY COUNCIL MINUTES - APRIL 13, 1993 C. Regular City Council Meeting - March 23 , 1993 . (F:44.4) d. Special Joint City Council/Redevelopment Agency Meeting - March 30, 1993 . (F:44.4) e. Joint Work Session - April 1, 1993 . (F:44. 4) The following Minutes were received and ordered filed: f. Planning Commission Minutes - March 17, 1993 . (F: 60.3) 2 . Received and ordered filed the Building Activity Report for March, 1993 . (F: 32.2) 3 . Received and ordered filed the Code Enforcement Activity Report for March, 1993 . (F:54 . 1) 4. Ratified Warrant List for March 31, 1993 . (F: 12. 3) 5. Rejected and referred to Claims Administrator the Claim submitted on behalf of Juddy Miller (CL #93-6) . (F: 52 .2) 7. Approved Final Parcel Map 27291 for Long Beach Equities, and authorized signature and recordation, as well as acceptance of dedications. (F:110.2) ITEMS PULLED FROM CONSENT CALENDAR 6. Resolution No. 93-16 - Confirming the Results of the March 30 1993 Special Municipal Recall Election. (F:72 .2) City Clerk Kasad reported the final vote counts in support and opposition to the Recall of Mayor Washburn, indicating that the final vote difference was 312 votes. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 93-16. RESOLUTION NO. 93-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL RECALL ELECTION HELD IN THE CITY OF LAKE ELSINORE ON TUESDAY, MARCH 30, 1993, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. THE FOREGOING MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 8. Acceptance of Grant Deeds for the Purpose of Easement Dedications for Various City Pro 'ects. (F: 132 . 1) Councilman Alongi commented that this item encompasses two types of deeds; one type being land and the other being water PAGE THREE - CITY COUNCIL MINUTES - APRIL 13, 1993 rights. He requested that this item be split on that basis for voting. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT TO ACCEPT THE FOLLOWING DEEDS AS PRESENTED: Easements: Cul-de-sac at end of Avenue Ten - . 037 acre for street right of way and 5' utility easement. Lots 37 & 38 of Unit 11 Country Club Heights - 10' slope easement. Lot 546 Country Club Heights - Unit A - 10' slope easement. Quitclaim Deeds for Water Rights: Lot 37 & 38 of Unit 11 Country Club Heights. Lot 125 of Unit B of Country Club Heights. 32925 Kevin Place. 9. Acceptance of Planning Commissioner Resignation - Ton Gilenson. (F: 60.2) Councilman Alongi commented on this resignation and noted that much occurred in connection with the recent Recall Election. He requested that the Council postpone making this resignation effective for at least ten days, noting that he hates to see the loss of an experienced Planning Commissioner. Mayor Pro Tem Dominguez indicated that he did not agree and requested that the City Clerk read Mr. Gilenson's resignation letter. The City Clerk read the following letter: March 31, 1993 CITY COUNCIL 130 S. Main Street Lake Elsinore, CA 92530 RE: RESIGNATION FROM PLANNING COMMISSION I hereby submit my resignation as Planning Commissioner with the City of Lake Elsinore, to be effective as of the date of this letter. I can no longer serve the residents of this City through a City Council that does not act in the best interests of the city residents and a Council who continually turns a deaf ear on the wishes of the public who elected them to office. The only hope this city had, the recall, failed and unfortunately for the residents, all I can say is that the residents deserve all that this Mayor and his posse will now screw them for and out of. PAGE FOUR - CITY COUNCIL MINUTES - APRIL 131 1993 To Mayor Washburn and RDA Chairman Winkler I say congratulations, the residents bought all your bullshit and now the both of you own a city, (at least until next year's election) . I hope that between now and next year's elections the residents of Lake Elsinore wake-up and see through all your lies and bull and vote for new blood on the City Council. Someone who is not a contractor or land developer, real estate salesman or large land/property owner, and someone who does not have self serving, self interests as their primary concern. I wish this Kangaroo Court called the Lake Elsinore City Council all the worst and await next year's elections. H. TONY GILENSON MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH CHERVENY ABSENT AND ALONGI ABSTAINING TO ACCEPT THE RESIGNATION OF H. TONY GILENSON. PUBLIC HEARINGS 21. Zone Code_.Amendment (ZCA) 92-3. (F: 172 . 2) A Request to Amend Section 17. 11 of the Municipal Code by Rescinding Ordinance No. 936 Establishing the "Central Business District" Overlay and Replacing it with Ordinance No. 952 establishing the "Historic Downtown Elsinore" Overlay District and the "Historic Elsinore" Design Standards) . City Manager Molendyk highlighted this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 13 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:14 p.m. Councilman Alongi commented on this item and indicated that he did not feel this area should go as far as Chaney Street, Conklin or Rupard. He indicated that he would like to see it contained in the area noted in the Downtown Standards recently approved. He further indicated that he does not want to burden residents and property owners in the entire area proposed with conforming to the guidelines. Mayor Pro Tem Dominguez indicated that much time and money has been invested in this planning and the intent of this item is to encompass the original City limits, which went to Chaney Street. He indicated that there are historical structures in the area as noted such as the old High School, the Presbyterian Church and the Catholic Church. Councilman Alongi reiterated the boundaries he had suggested indicating that the area does take in the Presbyterian Church and the Catholic Church. He emphasized the extensive design work that would be required if this is approved in the entire area. He expressed concern with carrying this plan into areas that have changed and are no longer historical in nature. Mayor Pro Tem Dominguez reemphasized the intent to include the PAGE FIVE - CITY COUNCIL MINUTES - APRIL 13, 1993 entire original City limits. Councilman Alongi indicated that he would concur with taking the boundary out to Kellogg. Mayor Washburn expressed concern that reducing the area contemplated by this item would create a "no man's land" . He noted that there are still a number of historical buildings within the area proposed. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO APPROVE ZONE CODE AMENDMENT 92-3 AND ADOPT ORDINANCE NO. 952 BASED ON THE FOLLOWING FINDINGS. ORDINANCE NO. 952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING ORDINANCE 936 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 17. 11 OF ESTABLISHING THE "HISTORIC DOWNTOWN ELSINORE" OVERLAY DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE Findings 1. As determined by Mitigated Negative Declaration 92-7, this proposal will not create any significant impacts on the environment or any potential impacts will be mitigated. 2 . This proposal will not be detrimental to the health, safety, comfort or welfare of persons residing or working within the City. 3 . As proposed this project is consistent with the Goals, Policies and Objectives of the General Plan. BUSINESS ITEMS 31. Public -Meeting - Railroad Canyon Road - Assessment District No. 93-1. (F:22 . 3) City Attorney Harper explained that pursuant to a recent Statute amendment, any item asking to assess the public, requires in addition to a Public Hearing, a "public meeting" to receive input from affected property owners. He further explained that the statute is not clear as to the requirements for this meeting other than opening a "public meeting" for input from property owners and offering to answer questions regarding the proposed district. Mayor Washburn opened the "public meeting" at 7:20 p.m. asking for comments or questions from property owners. City Attorney Harper clarified that in this case there is only PAGE SIX - CITY COUMCIL MINIITES - APRIL 13, 1993 one affected property owner being Pardee Construction and they had indicated they would not be present. No comments or questions were received. Mayor Washburn closed the "public meeting" on this item at 7:21 p.m. 32 . Contract to Remove Abandoned Vehicles on Private Property. . (F: 32 . 4) City Manager Molendyk explained this item noting that it was an effort to make the process faster. He detailed the proposal from LEAR Auto Body & Towing. Councilman Alongi questioned the time limit for removal and requested verbiage to address notification and time limits. He further questioned the meaning of "cars running or not" and whether it would include vehicle shells at no cost. He also questioned Boats with Trailers and whether it would include boats without trailers or trailers without boats. He inquired about vehicles under 1 ton and requested clarification of terms to prevent additional charges. He also inquired about insurance and suggested that it should be in the amount of $1 million. He noted that he saw nothing in the agreement to indicated the City would be "held harmless" . City Attorney Harper noted that the hold harmless clause was in Section 11 of the agreement. Mayor Washburn inquired who had prepared the contract. City Attorney Harper indicated that it was combination of other existing contracts. City Manager Molendyk noted that the intent is that the company would work with the City. He questioned the presence of a representative of LEAR, but indicated he didn't see a problem with clarifying the intent. City Attorney Harper indicated that with regard to insurance more is always better, but generally the figure used has been $1 million. Councilman Winkler questioned the reason for the $500, 000 insurance amount in this agreement. City Manager Molendyk indicated that this might be a standard amount for towing companies. Mayor Pro Tem Dominguez suggested that the hold harmless clause should address any excesses. City Attorney Harper commented that even in the worst case the likelihood of recovery in excess of the $500, 000 amount was limited. Councilman Winkler commented that with regard to timeliness of service, the contract does have a termination clause. Councilman Alongi commented that the intent of going into contracts is not to terminate them. He suggested that with a set time limit it is not necessary for the City to keep track, or build a case for termination. City Manager Molendyk indicated that he would concur that a time limit would be helpful, whether it is 24 hours or 48 hours. PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 13, 1993 Councilman Alongi noted another proposal submitted and specific language regarding vehicle shells, stressing that he is looking to avoid additional costs. Mayor Washburn clarified the difference between vehicles on private property and abandoned vehicles, and noted that he feels staff understands the concerns. City Attorney Harper indicated that he would read the proposal to indicated that shells which could be hooked up and towed would be at no charge, but anything requiring special equipment would carry an additional charge. Councilman Alongi indicated that would be fine, however that verbiage is not in the agreement. MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO APPROVE THE AGREEMENT WITH VERBIAGE TO ADDRESS VEHICLE SHELL PICK-UP, TO CLARIFY BOAT/TRAILER PICK-UP (WITH OR WITHOUT, EITHER/OR) AND TO ADDRESS TIME LIMITS. Philip Fregoso, representing LEAR Auto Body and Towing confirmed that they would pick up boats or trailers or both; 24 hour time limits would be acceptable subject to proper documentation from the Sheriff's Department; and the company currently holds insurance in the amount of $1 million, as required by Highway Patrol. Councilman Alongi questioned the removal of shells. Mr. Fregoso indicated there would be no charge. Councilman Alongi further questioned towing of boats and trailers. Mr. Fregoso indicated they would tow boats, trailers or both. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT. 33 . Mos uito Control - Resolution No. 93-17 - Abatement District. (F: 161.1) City Manager Molendyk explained this item and its relation to the recent rains and concerns raised at area shopping centers. He detailed the options an& their associated costs. Public Services Director Tecca introduced Dr. Major Dillon, Executive Director of the Abatement District. Dr. Major Dillon explained that this district provides mosquito control in Corona, Norco, portions of Riverside, etc. , for an area of approximately 160 miles. He indicated that several requests have been received from Lake Elsinore residents. He noted encephalitis potential from mosquitos. Mayor Washburn inquired what the contract would provide and whether it would address other vectors than mosquitos. He also inquired whether the contract could be on a call basis rather than a full contract. Dr. Dillon confirmed that the contract would provide a Vector Control Officer assigned to the area to determine breeding sources. He explained that the first effort would be to eliminate the breeding source, second they might utilize PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 13, 1993 mosquito eating fish and last they would use pesticides. Mayor Washburn inquired whether materials, vehicles and time were provided in the contract. Dr. Dillon confirmed. City Manager Molendyk noted that while they address mosquitos, they also address problems with rats, chipmunks, squirrels, etc. Dr. Dillon confirmed and noted that they also address ticks which carry Lyme's Disease. Mayor Washburn inquired whether the district had a contract with the County. Dr. Dillon indicated only for a portion of the County. Mayor Washburn inquired how a situation impacting both City and County would be addressed. Dr. Dillon indicated that the District has authority to address vectors even if outside their district and cover costs from the appropriate agency. Councilman Alongi inquired whether this consideration included approval of the $6 per year assessment. City Manager Molendyk clarified that the issues to consider were the one time expense for this year, joining the District for future years and in conjunction the $6 annual assessment, and the transfer of funds for this year. Councilman Alongi indicated that he would prefer that the City pay the costs for this year, however he was opposed to assessments of any kind. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT FOR THIS YEAR. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE TRANSFER OF FUNDS FROM THE GENERAL FUND RESERVES FOR THIS CONTRACT. Mayor Washburn requested that staff work with Dr. Dillon and keep Council informed for the upcoming year. Dr. Dillon indicated that they would prepare a status report. 34 . Award of Contract for Site Remediation at 29051 Robb Road. (F:156. 2) City Manager Molendyk explained this item and the bid process for this contract. Duane Brach, President, Brach & Allard, explained the process for soil remediation using microbial organisms. He further explained the process for soil testing as work is completed. He further explained the process for preventing the material from being forced into the aquifer. City Manager Molendyk questioned the assurances that the soil is decontaminated at the end of the process. Mr. Brach explained the soil testing and participation by the Health Department and Water Control Board. He indicated that the health department is the lead agency and they must issue a health certificate. Councilman Winkler commented on the newness of the process and the dramatic price difference. He questioned the payment schedule. PAGE NINE - CITY COUNCIL MINUTES - APRIL 13, 1993 Mr. Brach indicated that 1/2 was payable to start and the other 1/2 would be due after the work is signed off. Mayor Washburn inquired what would happen to the tanks. Mr. Brach indicated that they had already been removed. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AWARD THE CONTRACT FOR SITE REMEDIATION TO BRACH & ALLARD,INC. IN THE AMOUNT OF $65, 883 .00. 35 . Business License - R & M Wholesale. (F: 34 . 1) City Manager Molendyk explained this request to sell beef jerky from a cart on a vacant lot. He further explained that it has been brought to Council because the applicant has met all requirements of the Administrative Services Department. He noted that he has heard concerns raised with regard to whether the City would want this type of vendor. Councilman Alongi indicated that he would have a problem allowing portable vendors at locations such as this throughout the Community. He stressed that he is an advocate of small business, but he would need to draw the line on this request. Mayor Pro Tem Dominguez concurred that he would not want to see the corners cluttered with vendors. Mayor Washburn explained to the audience that the proposed cart is wood sided. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DENY THIS REQUEST FOR BUSINESS LICENSE. 36 . Wayne's Weiner Wagon Business License. (F: 34 . 1) MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO DELETE THIS ITEM FROM THE AGENDA BECAUSE IT CAN GO TO THE APPEAL PROCESS. Mayor Pro Tem Dominguez noted that it is the right of Councilmembers to bring items before the Council, however there is a process in place. Councilman Alongi indicated that as an elected official he has the right to bring whatever he feels necessary to the Council for consideration. He stressed the efforts of this applicant to obtain design approval. He further stressed that the existing approval and Design Review Committee consideration do not address the ability for him to utilize alternate locations. He stressed the responsibility of Council to assist small business. Mayor Pro Tem Dominguez indicated that he would stand by his motion, as he is concerned with the staff time spent on this item without going through the process. Mayor Washburn read a portion of the Design Review Committee Minutes indicating that the intent was for continued consideration by the Committee. He suggested that the matter should be referred back to the committee for resolution and it appropriate at that time the applicant could appeal to the City Council. PAGE TEN - CITY COUNCIL MINUTES - APRIL 13, 1993 THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT. 37 . Award of Contract - Landscape Maintenance. (F: 95. 1) City Manager Molendyk detailed this item, noting that the bids received for this project were more competitive than prior years. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO AWARD THE CONTRACT TO EXCEL LANDSCAPING IN THE AMOUNT OF $148, 020. Councilman Alongi indicated that he felt this was an opportunity to put young people and senior citizens to work to learn landscaping. He further indicated that even if it means spending more money up front, it would go back in to the Community. He also indicated that he would like to see the City get away from contracting so much work out. He stressed that this is a perfect opportunity to create jobs. MOVED BY ALONGI A SUBSIDIARY MOTION TO CONSIDER SUCH A PLAN. MOTION DIED FOR LACK OF A SECOND. Mayor Pro Tem Dominguez indicated that there was a motion in place and such a program could be referred to the Public Works Committee. MOVED BY ALONGI A SUBSIDIARY MOTION TO DENY APPROVAL OF THIS CONTRACT. MOTION DIED FOR LACK OF A SECOND. THE FOREGOING MAIN MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSENT. 38. Ordinance No. 953 - Lake Enforcement. (F: 92 .1) City Manager Molendyk explained this item which would allow the State Park Rangers to do enforcement in areas not normally under their control between the buoys and private property. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE No. 953 : ORDINANCE NO. 953 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 9.96. 035 TO THE LAKE ELSINORE MUNICIPAL CODE, REGARDING THE LAUNCHING OF BOATS FROM PUBLIC PROPERTY. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 39 . Second Readin - Ordinance No. 950 - Graffiti. (F:79.1) PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 130 1993 MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 950: ORDINANCE NO. 950 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, WITH REGARD TO THE CONTROL AND REMOVAL OF GRAFFITI. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 40. Second Reading-- Ordinance No. 951 - „Zone Change 92-4 - Halloran. (F:172 .2) MOVED BY WASHBURN, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 951: ORDINANCE NO. 951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO CHANGE THE ZONING TO INCORPORATE THE RESOURCE CONSERVATION (RC) OVERLAY DISTRICT FROM SPECIFIC PLAN AREA (SPA) TO SPA(RC) . THE SITE CONSISTS OF APPROXIMATELY 423 ACRES WITHIN SECTION 15 T. 5S R. 5W S.B.M. IT IS LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF INTERSTATE 15 AND LAKE STREET. (ZONE CHANGE 92-4, HALLORAN AND ASSOCIATES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Dale Dennis, 242 White Oak Road, congratulated Mayor Washburn on his victory over the recall. She further congratulated the citizens for making a good decision. She inquired whether Councilmembers Alongi and Cherveny were finished with their campaign and whether the City could now get down to business. She indicated that her interpretation of "getting down to business" was to provide a safe community with recreational opportunities and quality housing, etc. She suggested that the Councilmembers step aside if they do not agree with these items. Rick Zwiefel, 101 S. Main Street, expressed his thanks to the City Council for approval of his first two street fairs and indicated that both had been successful, but there would be no more of them. He detailed an incident at the second fair with an altercation, which made it difficult for him to insure the safety of the participants. PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 13, 1993 Joy Porthunder, requested that Councilmembers Alongi and Cherveny make good on comments during the recent election and resign their positions immediately. CITY MANAGER COMMENTS City Manager Molendyk indicated that pursuant to an inquiry from Councilman Winkler, Public Services Director Tecca was prepared to respond regarding the Robb/Grand/Lakeshore Intersection Improvements. Public Services Director Tecca detailed the delays on this project and the work to yet be completed. He indicated that the road should be open with traffic signal functioning by Friday, April 23rd. He noted that GTE work will not yet be complete by then, but it is appropriate to open the road anyway. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. Comments on a Safe Community, noting that in his neighborhood two houses were broken into and items taken, a delivery lady was beaten, gas and stereo systems stolen out of vehicles, vehicles stolen and graffiti problems do not lend to this being a safe community. 2 . The Recall was not a personal matter but rather a difference in political philosophy. 3 . Explained that he will not resign as a Councilman. He has resigned from the committees, but will continue to attend all Council Meetings. 4 . Responded to letter from: Virginia Cox, did not respond to letter regarding parking at Briarwood Mobile Home Park because he did not want the people to think that this was part of the Recall. John Kelly, Brookstone Ranch does not have any knowledge of a request to discuss this with Council regarding Annexation, but does welcome anyone who wishes to annex to the City. Michelle Noble, he agreed with concerns regarding the Cape of Good Hope tract from a letter directed to Commissioner Brinley. Assured the public that the Council does receive their letters and that Council does read, respond and investigate their correspondence. 5. Low Income Housing which he felt was damaged during the Recall, and will take a long time to heal. He did a survey of the City Employees, and out of the 62 classes of employees 32 are low income. What the Mayor and Councilman Winkler proposed is that these people can clean the bathrooms, cut the lawns, fix the vehicles, but can't live in Lake Elsinore. When the general public thinks of Low Income Housing they PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 13, 1993 thank of slums, drug dealers, and gang violence. He read an article which from the newspaper regarding Low Income Housing and indicated by that definition lots of area residents are Low Income and will not be able to purchase a home. It is perceived that Low Income Residential Units only attract undesirable persons, but the units built by Riverside County are not obvious Low Income Housing. He felt that there was a disservice done to the public during the Recall in regard to Low Income. 6. Announced there would be a Business Watch on April 28, at 9: 00 a.m. at First Trust Bank on Main Street. This is for the Downtown and surrounding areas. 7. He will continue to fight for the small business, for Low Income Housing and will not change his stand for the .lack of a vote. Councilman Dominguez commented on the following: 1. Complimented Community Services for the successful Easter Egg Hunt at the Park and stated that he had several comments from the parents that they were impressed by how clean and safe the event was. Mayor Washburn commented on the following: 1. Commended the staff of Community Services and the volunteers for the good job they did for the Easter Egg Hunt and explained that there are a lot of young families in Lake Elsinore and that the average age is 28.4 and these activities are needed for young families. 2 . Staff is working with the State of California to provide a temporary boat launching facility for the Lake. 3 . Councilman Alongi's resignation from the K-Rat committee, indicating that he has been the alternate and will now serve as the representative and Councilman Dominguez will serve as the alternate. 4. Informed Virginia Cox that her concerns at Briarwood Mobile Home Park are being addressed by the City Manager and Community Development Manager Shear. 5. Commented on the election, and stated that it did mark a directional change in this community in regard to politics. The civic involvement that took place showed that the new and old residents worked together and that the newer residents showed that this is their home town as well. Thanked all the citizens of the community that he talked to when he walked the City. He explained that of the citizens he talked to the general consensus is that they want positive action with more jobs and more recreation. THE CITY COUNCIL MEETING WAS RECESSED AT 8: 32 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8: 36 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8 : 36 PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 13, 1993 PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 13, 1993 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 9: 00 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN T REGULAR CITY COUNCIL MEETING AT 9: 01 P.M. GARY WASHBURN, MAYOR CIT 0 LAKE ELSINORE AT LESTzCKI Kli AD, C T7 C ERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 27, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - CR & R Logo Contest Awards. (F: 56 . 1) Mayor Washburn highlighted this contest and read the names of the eight entrants. Ed Campos, representing CR & R, explained that the logo chosen will be used on all of the trash truck and the containers. He announced that Andy Allen was the third place winner of a $50 savings bond, Stacey Okena was the second place of a $50 savings bond and Scott Brauer was the first place winner of a $100 savings bond. Mayor Washburn congratulated the winners as well as their parents for the efforts shown in this contest. B. Presentation - Nick Notos & Victoria Reed. (F:56. 1) Mayor Washburn commented on the efforts of Nick Notos and Victoria Reed in the Community and presented them with Keys to the City of Lake Elsinore. He further wished them well in their retirements. Mr. Notos thanked the City Council for this recognition and support and thanked them for the compliment of the license they have held for the Sahara Dunes Casino. C. Proclamation - Hire a Veteran Week. (F: 122 . 1) Representatives were not present for recognition. D. Proclamation - Victims of Pornography Week. (F: 122 . 1) Representatives were not present for recognition. PAGE TWO - CITY COUNCIL MINUTES - APRIL 27, 1993 E. Presentation - King Videocable System Upgrade Project. (F: 170 . 5) Tom Thomas, General Manager of King Videocable, commented on recent legislation and the effect on existing channel configuration. He explained that additional changes may occur as well due to additional regulations. He addressed the existing franchise agreement and the upcoming project to upgrade the entire system in the City. He indicated that this system upgrade would be the infrastructure for a state of the art communications system. He noted that some disruption in service would occur, however, King Videocable intends to limit this disruption when possible. He announced a Hotline number for problems relating to this work which was 674-2181. He indicated that work would begin in the Railroad Canyon Road area and proceed through the downtown area to the West End and eventually around the lake to Lakeland Village, etc. Councilwoman Cherveny inquired whether areas currently without cable service would be included. Mr. Thomas indicated that those homes would be included. Mayor Washburn questioned the cost of this upgrade. Mr. Thomas indicated that the total investment in Lake Elsinore will be approximately $3-1/2 million. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item Nos. 22 , 36 and 40; and deferred to discussion of those items. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 , 4 , 5, 6 and 6 . MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - April 13, 1993 . (F:44 .4) 3. Received and ordered filed the Investment Report for March 31, 1993 . (F: 12.5) 7. Concurred with Redevelopment Agency Action regarding the Structure Abatement at 31085 Machado Street. (F:32. 4) ITEMS PULLED FROM CONSENT CALENDAR 2 . L.E.A.F. Animal Control Activity Report - March, 1993 . (F: 18 . 2) - Councilman Alongi detailed the first quarter statistics for animals turned in by owners, released to owners, and euthanized. He stressed the amount of waste and the money which could be put to better use in education, etc. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR MARCH, 1993. PAGE THREE - CITY COUNCIL MINUTES - APRIL 27, 1993 4 . Warrant List - April 15, 1993. (F: 12. 3) Councilwoman Cherveny advised that only the City payroll, B.S.I. payments for Community Facilities District 90-3 and the County of Riverside Sheriff for $198,000 exceeded $50,000. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE i TO RATIFY THE WARRANT LIST AS PRESENTED. 5. Rejection of Claims - _Entry Level Housing Development, Inc. (CL #93-7) and Joyce L. Hernandez (CL #93-8) . (F: 52 .2) Councilman Alongi reminded the public of the problems which occurred with Mr. Jiron's Low Income Housing Project and detailed the Council consideration on the project. He suggested that the Council should still give this project further consideration but concurred that it would be acceptable to reject the claim. He stressed his belief that this would be a good project. He suggested that the Council hold a Study Session on this project. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO REJECT THE CLAIMS SUBMITTED AND REFER THEM TO THE CITY'S CLAIMS ADMINISTRATOR FOR FURTHER HANDLING, AND DIRECTED THE CITY CLERK TO TRANSMIT LETTERS TO THE CLAIMANTS INFORMING THEM OF THIS ACTION. 6. City-Wide Lighting and Landscaping Maintenance District - Resolution Nos. 93-18, through 93-20. (F:22.2) Councilman Alongi advised the public that there would be no increase in this year's assessments. MOVED BY ALONGI, SECONDED BY WASHBURN TO ADOPT RESOLUTION NOS. 93- 18 THROUGH 93-20. Mayor Washburn indicated that staff had worked very hard to insure that no increase would occur this year and commended them for their efforts. City Attorney Harper clarified that this action was to set the public hearing. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE: RESOLUTION NO. 93-18 A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. RESOLUTION NO. 93-19 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 1993-94 IN A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 93-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE PAGE FOUR - CITY COUNCIL MINUTES - APRIL 27, 1993 DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. 8 . Lake Transfer Agreement. (F: 68 . 1) (X: 92 . 1) Councilwoman Cherveny questioned this item. Mayor Washburn suggested that this be discussed as part of the Redevelopment Agency Agenda. Councilwoman Cherveny stressed her interest in commenting on this item. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH THE ACTION OF THE REDEVELOPMENT AGENCY ON THIS ITEM. PUBLIC HEARINGS 21. Public Hearing regarding Formation of the Railroad Canyon Road Assessment District No. 93-1 - Pardee Construction. (F:22 . 3) City Attorney Harper requested that this item be continued, without opening the public hearing, to the meeting of May 25, 1993 , to allow for completion of the related appraisals. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MAY 25, 1994 . 22 . Hearing of Protests to Notices to Destroy Weeds Remove Rubbish, Refuse and Dirt. (F: 166. 1) City Manager Molendyk explained this item. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 30 p.m. , asking persons interested in this item to speak. The following person spoke: Ruby LeVasseur, 8924 Earhart Ave. , Los Angeles, commented that she owns property on Strickland Avenue, which the sewer contractor has been using to store equipment. She further commented that it was unlikely that anything would grow on the property due to the compaction caused by that equipment. She suggested that this should be the City's responsibility. Mayor Washburn referred Mrs. LeVasseur to Community Development Manager Shear to review the situation. Hearing no further requests to speak, the public hearing was closed at 7 :33 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DIRECT THE CITY MANAGER OF PROCEED WITH ABATEMENT OF ALL LOTS NOT ABATED BY THE OWNERS BY MAY 24, 1993 . PAGE FIDE - CITY COUNCIL MINUTES - APRIL 27, 1993 BUSINESS ITEMS 31. Structure Abatement Program Report. (F;32 . 4) City Manager Molendyk explained that the budgeted funds for the City's Structure Abatement Program have been exhausted, and staff now is requesting an additional $60,000 from the Redevelopment Agency Escrow Account to complete the abatement process on properties in progress. Councilman Alongi questioned the following properties: The Ambassador Hotel. Community Development Manager Shear explained that the City had boarded up the first two floors to prevent transients from making entry; the state is still in progress with the project and has asked the City to board up the rest of the building because the transients are scaling the walls and making entry to the upper two floors. 206 East Franklin. Will the whole property be abated or just one unit. Community Development Manager Shear explained that only the unit that was burned is in structure abatement, the rest of the units are in the process of being rented to prevent transient intrusion. 29523 La Shell. Mr. Shear explained that this building is in the drywall stage, by the second owner and needs to be boarded up to prevent transient intrusion or vandals. Councilman Alongi requested that staff find out whether CDBG funds could be used to purchase the properties, make the necessary repairs and then sell them as low level housing. Mr. Shear stated that at this time staff has not researched that possibility. Corner of 30181 Riverside Drive. Mr. Shear stated that he would check with the engineer on the project for the sewer and water installation time lines. 103 Mohr Street. Mr. Shear explained that the owner is in the process of obtaining a low interest loan to complete the project and staff is working with the owner at this time. Councilman Alongi questioned the $600. Mr. Shear explained that it was for the title search. Glow Fire Back Yard. Mr. Shear explained that a large portion of the building was condemned by the City due to the roof structure failing. The broken debris in the back is what is to be recycled to make the fireplace logs. The owner is currently working on repairs, and the related costs requested are for the title search and staff time involved. Councilman Winkler made note that the structure abatement budget was exhausted and that funds are being requested from the Redevelopment Agency Escrow Account to continue the program. He explained that he would like to see this program continue. Mr. Winkler went over the amounts requested and the type of work that would be done and requested that five properties set for boarding up be demolished as follows: PAGE SIX -- CITY COUNCIL MINUTES - APRIL 27, 1993 211 E. Pottery . . . . . . . . . . . . . . . . . $ 5,800. 409 North Langstaff. . . . . . . . . . . . . 3 , 900. 308 North Langstaff. . . . . . . . . . . . . 4 ,200. 410 North Poe. . . . . . . . . . . . . . . . . . . 4 , 600. 790 Lake Street. . . . . . . . . . . . . . . . . 11, 800. Mr. Winkler stated that he agreed with Councilman Alongi that 29523 La Shell should not be demolished, but it should be boarded up. He recommended that the above addresses be demolished. Councilman Alongi cautioned that these costs do not include the asbestos removal. Mr. Shear explained that the only property that he was not sure about was 211 East Pottery, but the others are not impacted. MOVED BY WINKLER, SECONDED BY ALONGI TO APPROVE THE TRANSFER OF $60, 000 FROM THE REDEVELOPMENT AGENCY ESCROW ACCOUNT AND AUTHORIZED STAFF TO PROCEED WITH ADDITIONAL DEMOLITION OF 409 NORTH LANGSTAFF, 308 NORTH LANGSTAFF, 410 NORTH POE AND 790 LAKE STREET, TO CONTINUE THE ABATEMENT PROCESS AT 211 EAST POTTERY, BRINGING IT BACK TO THE COUNCIL WITH ANY ADDITIONAL COSTS RELATED TO ASBESTOS REMOVAL. City Manager Molendyk asked if Council would like to consider foreclosure procedures in order to get the City's money back in a reasonable amount of time, as this would generate the return of monies to continue an aggressive program. A lien on the property could take up to thirty years while foreclosure would take thirty months. Councilman Winkler stated that he felt that this might be better addressed at a work session. City Attorney Harper explained that this is a function of costs and when costs are placed as a lien, it is going to be recovered eventually, but what was proposed was to speed up the process of recovery. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING. 32 . Award of Contract - Weed Abatement Program - Smith Tractor Services. (F: 166. 1) City Manager Molendyk highlighted this item, noting that additional information concerning the bids had been distributed to the Council for review. Community Development Manager Shear detailed the bid process and advised that three bids had been received. Councilman Alongi expressed concern that there was no limitation on the amount the contractor could bill. He suggested a limit of $500 or $700 before the contractor must come back for further authorization. He questioned the number of men that would be used at $50 per hour/per man. He noted that the time frame for clearing the properties is 90 days and suggested that it be reduced to 30 days. Mayor Washburn noted that the program itself is a separate issue from this award of contract. Councilman Alongi cautioned the Council with regard to the limitation on sub-contracting because this contractor is not PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 27, 1993 a general contractor. Mayor Washburn suggested that staff review this concern. Councilwoman Cherveny questioned the reason for a three year contract. She expressed concern with the cost of living increases in the contract at 15% per year. She questioned the ability to make it a one year contract with renewals. Mayor Washburn inquired what the term of the previous contract had been. Mr. Shear indicated that it was also three years. City Attorney Harper noted that multi-year contracts generally provide a better rate. Councilwoman Cherveny questioned how the lowest bidder was determined. Mr. Shear clarified that it was based on the type work that constitutes the most volume annually, being dicing and mowing, which amounts to approximately 80% of the costs. Councilman Alongi commented that $14 . 50 was reasonable for discing, and suggested that a program be set up for automatic annual discing. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT TO SMITH TRACTOR SERVICES. 33 . Yarborough Park Land Acquisition. (F: 114. 8) City Manager Molendyk commented on the master plan of parks and plans for acquisition of adjacent properties. He explained that with C.D.B.G. funds the acquisition of this parcel at the appraised value of $36,000 is feasible. Councilwoman Cherveny inquired where the parcel is located. Community Services Director Sapp detailed the location and advised that it is approximately 7, 800 square feet. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH DOMINGUEZ ABSTAINING TO AUTHORIZE STAFF TO OFFER THE APPRAISED MARKET VALUE OF THE $36, 000 FOR PURCHASE OF PARCEL NO. 374-052-002 AS AN EXPANSION OF THE YARBOROUGH PARK SITE; AND AUTHORIZE STAFF TO BEGIN PLANS FOR THE DESIGN OF THE YARBOROUGH PARK EXPANSION. 34 . Habitat_ Conservation -Agency Joint Exercise of Powers Agreement. (F: 76 . 3) City Manager Molendyk highlighted this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE THE FOURTH AMENDMENT TO THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY JOINT EXERCISE OF POWERS AGREEMENT. Mayor Washburn noted that this is a good amendment, as much concern has been expressed with the clout the County has in this area. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35 . Lake Park & Recreation Enterprise Fund. (F: 92 .4) City Manager Molendyk indicated that these funds would be from PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 27, 1993 the Redevelopment Agency and suggested that the Council concur with the action of the Agency. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH THE REDEVELOPMENT AGENCY ACTION ON THIS ITEM. 36. Resolution Nos. 93-21 & 93-22 to Prohibit Boat Trailer Parking. (F: 112 . 1) City Manager Molendyk highlighted this item, noting the cooperative effort between the City and the State to establish the launch facility. He indicated that this parking prohibition is to eliminate safety hazards and inconvenience for area residents. Councilwoman Cherveny questioned the reference in the report to use of the parking lot across from the Sheriff's Department. City Manager Molendyk indicated that the owner across from the launch ramp had donated the use of the land and it had since been determined that this location would be more accessible. He noted that the only costs were to make the lot useable and prevent liability. Councilwoman Cherveny questioned the two traffic lanes. City Manager Molendyk clarified that this item is requesting support of no parking along Lakeshore Drive. Councilwoman Cherveny inquired whether it was legal to abandon the bike lanes. City Manager Molendyk confirmed that it was. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 93-21 AND 93-22 . RESOLUTION NO. 93-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING TOW-AWAY, NO PARKING BOAT TRAILER ZONES ON CERTAIN STREETS. RESOLUTION NO. 93-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 37. Chamber of Commerce - Parade Funding Request. (F: 108.4) City Manager Molendyk explained that the Chamber of Commerce has asked that the City Co-sponsor and share in half of the costs for the Frontier Days Parade scheduled for May 29, 1993 . He further explained that it is recommended that if the Council approves this item, the funds be pulled from the City Council's Community Promotion Account. Councilman Alongi explained that he has always supported parades in the community, however, he felt that the Chamber of Commerce had not shown good faith toward the City. He felt that the Chamber had received a tremendous amount of financial support from the City and the Chamber does not assist the City in return. MOVED BY ALONGI, SECONDED BY CHERVENY TO DENY THE CHAMBER OF COMMERCE REQUEST FOR CO-SPONSORSHIP AND FUNDING OF THE FRONTIER DAYS PARADE. PAGE NINE - CITY COUNCIL MINUTES - APRIL 27, 1993 Councilwoman Cherveny asked the City Attorney about the court decision regarding sponsorship. City Attorney Harper explained that in the last 30 days there was a judgment by the Court of Appeals which stated that it would not be a violation of the First Amendment for a City to sponsor or participate in parades. She questioned whether the amounts listed were for the parade or the rodeo. Ms. Cherveny explained that a line item should be put in the budget to cover this type of events. Councilman Dominguez explained that if there is going to be a parade, the City should be able to give their input, and he felt that there should be bands. Councilman Winkler stated that over the last ten years council has not been consistent in regard to waiving fees but over the last several years the Council has been consistent in waiving fees for the Chamber of Commerce and he saw no reason not to sponsor the parade. Dick O'Neil, representing the Chamber of Commerce, explained that the Chamber of Commerce does not make money on the parade and this function does not make money for the Chamber but it does benefit the downtown area. He advised that there will be bands, but this is not a competition parade for the bands, and horses and bands do not mix well. Councilman Dominguez stated that he would ask for a condition that bands be included in the parade. He stated that this provides entertainment for the audience. Mayor Washburn explained that this parade adds to the year round events to promote recreation and tourism. THE FOREGOING MOTION FAILED BY A 1-4 VOTE WITH CHERVENY, DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY CHERVENY TO APPROVE THE CO- SPONSORSHIP OF THE PARADE WITH THE $3 ,000 TO BE FUNDED FROM THE CITY COUNCIL'S COMMUNITY PROMOTION ACCOUNT. Councilman Alongi explained that he felt that Council was short sighted, that the Chamber did not aid the Sierra Circuit Rodeo, that they will not return the $1, 000 to the City on the deposit of the Rodeo Grounds and they do not show support for the City. THE FOREGOING MOTION WAS APPROVED BY A 4-1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE. 38 . Skylark Airport - Use of Temporary Runway. (F: 14 .1) City Manager Molendyk commented on the recent Council workshop and meeting with the residents. He explained that the current request is for one flight in and one flight out per week to assist with Mr. Perkins business. He detailed the proposed conditions of approval, noting that most of the residents did not appear to be against the airport, but were concerned with being kept informed by Mr. Brogdon. He noted that it is felt that a compatible arrangement has been found. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE THE REQUEST OF PAGE TEN - CITY COUNCIL MINUTES - APRIL 27, 1993 MR. PERKINS FOR USE OF THE TEMPORARY RUNWAY FOR HIS AVIATION MAINTENANCE BUSINESS SUBJECT TO THE PROPOSED CONDITIONS. Councilman Winkler inquired whether the property owners had been contacted regarding this meeting. Mr. Watenpaugh confirmed that they had been advised a number were present at this meeting. Councilman Winkler commented on his responsibility for notifying the residents of this discussion. He further commented on the success of the study session with much good input, and his visit to the airport and flight to review the situation. He indicated that he has a comfort level with the arrangements that have been made. Councilwoman Cherveny indicated that she had received a letter from and spoken with Mr. Thomas Burritt and there are still concerns with air traffic from other areas. She further indicated that she could not support this temporary runway approval. City Manager Molendyk clarified the agreement with the homeowners to place trucks in the runway to prevent "pirates" from using the facility. Councilman Alongi requested that the following letter from Robert Vermillion be included in the record: Councilman George Alongi: This is in response to your request for a written statement from me regarding the establishment of a temporary runway at Skylark Airport. The need for this runway which would parallel Corydon St. is the result of the flooding of Lake Elsinore's lake. A. The continued predicted rise of the lake makes council action on this subject probably academic. The US Corp of Engineers and Riverside County Flood Control Dept. 's prediction of a 1262 foot lake elevation within two weeks would put most of the proposed runway under water. B. The second major consideration is, if the owners of the airport property are willing to continue to lease the property for airport use considering the liability factors that are accentuated. C. The third consideration is if Mentor Aviation is willing to agree to this intrusion on their approved FAA allotted airspace. Per my telecon with Duane Ferguson, State Dept. of Aeronautics on 2/19/93, he stated that would be a written requirement for his approval. D. Another consideration is if opening this runway at this time is going to cause public outcry and turmoil that unfairly would be unleased on Mentor Aviation's application for a new airport which is now before the Planning Dept. of the City of Lake Elsinore for processing and approval. At our recent meeting with Dan Young of Eastlake it was quite clearly understood that PAGE ELEVEN -- CITY COUNCIL MINIITES - APRIL 27, 1993 the intent of the City is to replace Skylark Airport with some other type activity. Mentor Airport will then become Lake Elsinore's only airport and is being designed to be both a safe and economic asset to the City. Although I have strong sentimental ties to Skylark airport, the owners of the property do not. The realities are, if Lake Elsinore is to continue to have an airport which is my fervent hope as an aviation enthusiast and business person, priority should be given to protecting Mentor Aviation's interests during any public and City interaction. The above statements are my personal views and are based on my long time experience of seeing the results of anti airport public and political attitudes. The following are my views and experience from my position as assigned and appointed FAA accident prevention counselor; A. I have expressed to the Airport operator that I have no safety concerns to the continued operation of all previous airport activities if the proposed temporary runway is extended as far as feasible to Mission Trail as was done in 1983 . Hopefully S.C.E. could be encouraged this time to take down the unused electrical poles that form an aerial hazard at the Mission Trail end of the runway. Unfortunately to extend the runway under these wet conditions would require a substantial financial investment to reinforce the runway. I have been told by one of the airport operators that this is not financially feasible. B. As an alternate to lengthening the runway I would have no safety concerns if the proposed temporary runway were to utilize the existing taxiway parallel to Corydon Street, but all aircraft operations be restricted to only short take off design type aircraft such as the DeHaviland Otter. All glider activity would have to be prohibited and the operation of all other aircraft would be required necessitating immediate turns after take off within the realm of safety to avoid incurring the wrath of the new housing tracts and the Lemon Street School that did not exist in 1983 . C. Regarding a continued skydiving operation, the reduction in drop zone area is significant because of the flood. This will increase both a hazard to skydivers as well as to citizens on the ground. As we remember one skydiver drowned because of the 80-83 flood. D. It is my opinion that Skylark airport should remain closed until the Lake has crested and a reevaluation of all conditions be made at that time. I feel considerable liability will be at risk to the City of Lake Elsinore. Airport owners and operators if the above recommendations are not followed. Robert A. Vermillion Accident Prevention Counselor-FAA PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 27, 1993 THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 39. Second Reading - Ordinance No. 952 - Historic Downtown Overlay District. MOVED BY DOMINGUEZ/ SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 952 : ORDINANCE NO. 952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING ORDINANCE 936 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 17 . 11 BY ESTABLISHING THE "HISTORIC DOWNTOWN ELSINORE" OVERLAY DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 40. Second Reading - Ordinance No. 953 - Boat Launching. (F:92 . 1) MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 953 : ORDINANCE NO. 953 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 9 . 96. 035 TO THE LAKE ELSINORE MUNICIPAL CODE, REGARDING THE LAUNCHING OF BOATS FROM PUBLIC PROPERTY. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Washburn indicated that he had missed requests to address item Nos. 36 and 40 of this agenda and yielded the floor to Nick Nash. Nick Nash, Park Plaza Restaurant, congratulated the staff for getting the lake open and getting the launch ramp open. He noted the excitement in the community. He stressed the need to get the word out that the lake is healthy and open. He indicated that this was a shot in the arm for businesses struggling with the recession. He commended staff and the Council for getting things done and moving positively. City Attorney Harper advised that there is a need to consider an agreement between the City and the State to allow the State to collect and retain the fees for operating the launch ramp; PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 270 1993 although the ramp was constructed by the City, it will be a State facility. He explained that the State will maintain it, operate it, accept liability for anything that happens and the City's responsibility is to keep the ramp in place. The State is asking for approval of this agreement tonight, due to the opening of the ramp on April 28th. 41. Agreement between the State of California and the City of Lake Elsinore for the Launch Ramp. (F: 68 . 1) (X:92 . 1) MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO PLACE THE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF LAKE ELSINORE ON THE AGENDA. Councilman Alongi asked why this is not being placed on the Redevelopment Agency Agenda. City Attorney Harper explained that the State is requesting that this be done by the City Council and not the Agency for legal reasons. THE FOREGOING MOTION WAS APPROVED UNANIMOUSLY. City Attorney Harper explained the sole intent of this agreement is to allow the State to collect the fees and makes clear that the launch ramp is a State facility and not a City facility for liability reasons. City Manager Molendyk explained that this would remain in place until the City gets their insurance and takes over operation of the Lake. Councilwoman Cherveny pointed out that the ramp is on Lakeshore Drive and not Riverside Drive as the agreement states. Councilman Alongi stated that the agreement did not address the reimbursement of the launching fees. City Manager Molendyk explained that the State will retain the launch fees and the day use fees until such time as the City takes over management of the Lake. He further stated that this is a trade off in as much as the launch was placed on State property and they will be assuming liability. Councilman Winkler stated that the State is providing the personnel to operate the launch ramp, which allows the Lake to be opened to the public, which is in the City's best interest. Councilman Alongi stated that this facility has been paid for by tax dollars and he is opposed to spending the tax dollars of those tax payers who don't enjoy that particular facility. If the total community utilized that facility he would not have a problem with the use of the tax dollars. He further felt that the fee be negotiated for by the City when the representative was in Sacramento. City Manager Molendyk explained that this agreement was given to staff at 4 : 00 p.m. this afternoon and it was developed to show their agency that they will be collecting the fees and accounting for the dollars. Councilwoman Cherveny asked if the Lake was open now. City Manager Molendyk explained that the Lake has been open for PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 27, 1993 several weeks, but that this was the first public launch facility. Councilwoman Cherveny further questioned if boats could be launched from the County side. Mayor Washburn clarified that the Council does not represent the County. Mayor Washburn explained that this is a housekeeping item, giving the State the authority and boats can be launched from the City. City Manager Molendyk explained that too much discussion is going on without allowing staff to make a presentation. He further explained that the Lake has a capacity of 600 boats, if there are two persons in a boat that makes 1, 200 people who can use the Lake. Mr. Molendyk stated that right now two small launching facilities, on the County side are in use and they can only accommodate 75 boats a day. County and City residents would like to see the maximum amount of boats on the lake. He explained that this agreement assists in that effort. MOVED BY WINKLER, SECONDED BY WASHBURN AND APPROVED BY VOTE OF 3-1 WITH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI ABSTAINING TO APPROVE THE AGREEMENT WITH THE STATE OF CALIFORNIA REGARDING THE LAUNCH RAMP WITH THE CONTRACT AMENDED TO READ LAKESHORE DRIVE INSTEAD OF RIVERSIDE DRIVE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Lynda Grucella, 28484 Wood Mesa, commended Council for trying to work together. She urged the Council to get the lake open. Richard Farnsworth, 32981 Cedar, commented on launching in the County area. He expressed thanks to God for the water in the lake. He questioned the meeting of March 30th and suggested that the information concerning the $1. 5 million should have been presented sooner to prevent the severe reaction to the meeting. Tom Hundshamer, President, Chamber of Commerce, thanked City Manager Molendyk and the staff for the rapid progress on the launch ramp at Spring Street. He stressed the need for operational launch facilities. He congratulated the City for responding to the needs for boating and tourism. He advised that the Chamber is working on a tourist brochure to be handed out to the people using the launch ramp. He further advised that it will provide information on local activities as well as coupons for local businesses. He noted that there is a possibility that the Chamber will be opening on Saturdays to provide information to the visitors; in addition the Chamber is considering a phone answering machine that would provide information on activities, conditions, etc. He reminded the community of the circus on Monday, May 3rd. Ace Vallejos, 15231 Cobre, commented on a notice of Planning Commission hearing he received and stressed the need for controlled growth. He stressed the impact of high density development on property values and suggested that concerned residents contact the City Planning Commission or Supervisor Bob Buster. He stressed the need to assure that proper planning is done. Doug Lech, 26723 Hammack, congratulated Mayor Washburn on his recent victory and noted a new article suggesting that Councilwoman Cherveny step down. He suggested that the actions at this meeting PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 27, 1993 were better than the circus. He further suggested that Councilwoman Cherveny resign, as well as removing the recall sign from her house. CITY MANAGER COMMENTS City Manager Molendyk announced an upcoming City-wide clean-up of household hazardous waste on May 22nd from 8 a.m. to 2 p.m. , which will be co-sponsored by the City of Lake Elsinore and Lake Elsinore Environmental. He indicated that additional information would be provided at a later date. He suggested that the audience stay tuned for an update on the Lake during the Redevelopment Agency meeting. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. Explained that he had been approached by one of the leading business persons in the community to work on a helping committee to try and get large businesses to contribute to a fund to aid and assist different organizations and needy persons. For example when funds are needed to present a parade or a person is being abated from a house those persons would have assistance to move. He asked that persons interested in working on this committee him. 2 . Lake Transfer is the most important priority in the community and he felt that it was not being handled properly. He explained that the launching agreement is incomplete and does not protect the City. 3 . The rate of crime in the City has increased 14% for the month of March and more priority should be placed on law enforcement. 4. Need to assist business, especially small businesses to be successful in this community. 5 . Reminded the public that the street sweeping signs are going up, and the residents need to pay attention to this to avoid being cited. 6 . Asked that Council consider some type of resolution to the problem of separation of County and City children for the use of the parks. He felt that staff and Council should consider a joint agreement with Ortega Trails to develop parks and programs to assist in this effort. The boundaries would specifically effect the children involved in Little League. He stated that in concept he agreed with Councilman Winkler but he does not want to see the children separated because of boundaries. 7 . Detailed his support of the Chamber of Commerce over the years and criticized the Chamber of Commerce and Western Classics for the money being spent in legal fees instead of applying the funds towards activities which will enhance the community. He further criticized the Chamber for their lack of support for the City and the charging PAGE SIXTEEN -- CITY COUNCIL MINUTES - APRIL 27, 1993 of fees, for an event the City assisted in presenting for the community. He explained that the Council always lends assistance to the Chamber and the same consideration is not given by the Chamber to the City. 8 . Policy is not followed by other members of Council. He stated his objection to items placed on the agenda the night of a Council Meeting, by vote, when there is not enough information to support a decision. He cited the Lake Transfer and the Launching Agreement. There is no policy which allows the Mayor to prevent any Councilperson from expressing his opinions. Councilman Winkler commented on the following: 1. Announced that the lights are in operation at Robb Road, Grand Avenue, and Lakeshore Drive. Half of the roadway is done on Grand Avenue and the other half will be completed after the phone company completes installation of underground cable. Commended staff for a job well done. 2 . Requested that the banner for the Recall Election be removed from Councilwoman Cherveny's home. Direct involvement of Council directing Code Enforcement to address issues for political reasons must be stopped, noting a situation between Councilwoman Cherveny and her neighbor. If Council has any problems with Code Enforcement Issues they should be directed through the City Manager. All issues should be addressed to the City Manager by Council so that he can direct staff. Councilwoman Cherveny commented on the following: 1. Announced that she would not be resigning from Council. 2 . Felt that she had the right to express her opinion at the Council table. 3 . Expressed her concern regarding the level of police protection in the community and the type of crimes which are occurring. 4 . Suggested examination of the RDA loans which are not current in payment. 5. Problems with the pet cemetery and asked that the concerned persons address their comments to Chairman Winkler and Mayor Washburn as she feels that they could better assist them. 6. Would like a status report from the company doing the Sales Tax recovery audit to see what additional sales tax they have come up with. 7 . Temporary launch facility and the agreement which does not call out who will assume liability for the facility. She stated that she would support the launching facility because this is what the public wants. 8 . Explained that she has no problem with staff, but she PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 27r 1993 will fight her own battles with her neighbor. 9. Stated that she was glad to be back in town and looked forward to the future meetings and enjoyed seeing the boats on the Lake. Mayor Washburn commented on the following: 1. He explained that it is the business of Council to be sure that its members act with proper decorum. Failure to remove campaign signs is an example of diminished integrity. 2 . Explained that it is the responsibility of the Mayor to apply policy as follows: Federal Laws, State Laws County Laws, City Ordinances, Council Policy and Roberts Rules of Order. 3 . Waste of staff s time in regard to items which are placed on the agendas and the use of City vehicles for an extended amount of time without authorization. This will be addressed by a new Council Policy. 4 . The community needs to look forward, not backward. You are either a part of the problem or a part of the solution. He challenged both Councilwoman Cherveny and Councilman Alongi to become part of the solution. He indicated he would continue to look forward. K CLOSED SESSION None. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR ITY COUNCIL MEETING AT 9:30 P.M. GARY WA HBURN, MAYOR CITY F LAKE ELSINORE A TEST: u-` L 9�j VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA i TUESDAY, MAY 11, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. { PRESENTATIONS/CEREMONIALS 1 A. Introduction of Rodeo Queen Contestants. (F: 108.4) Jennifer Carter and Shaylee Chase announced that the Pageant will be held on May 22nd at 4: 00 p.m. and thanked this year's sponsors for their contributions. The contestants introduced themselves and identified their sponsors. Mayor Washburn thanked them for their attendance at this meeting and wished them well in the Pageant. B. Centennial Parade Video. (F: 151. 1) Mayor Washburn commented on the County Centennial Parade held on Saturday, May 8th and detailed the float which was built in conjunction with the cities of Canyon Lake, Murrieta and Perris. Community Services Director Sapp explained the joint effort for construction of the float and introduced the new Community Services Manager Marlene Best. Staff showed a videotape of the parade and associated festivities. PUBLIC COMMENTS - AGENDIZED ITEMS A request was received to address item #39 and deferred to that time. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1.a. , 3 and 4. PAGE TWO - CITY COUNCIL MINUTES - MAY 11, 1993 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. Councilman Winkler indicated that his vote on Item #5.B. was an abstention. 1. The following Minutes were received and ordered filed: b. Planning Commission Meeting - April 7, 1993 . (F: 60. 3) C. Planning Commission Meeting - April 21, 1993 . (F: 60. 3) 2 . Received and ordered filed the Building Activity Report for April, 1993 . (F: 32 . 2) 5. Approved Public Hearing date of May 25, 1993 for the following: a. East Lake Specific Plan 93-3„,_ Environmental Impact Report 93-3 , Disposition/Development Agreement and Development Agreement. (F: 134 . 10) The project is generally bounded by Lakeshore Drive on the North, Mission Trail and Corydon Road on the east, the City Boundary line on the south and the shoreline of Lake Elsinore on the west. b. Specific Plan 92-1 Tentative Tract MaD 27223 - Friendly Group 7 (K. S. Chem. (F: 150.2) (X: 160. 2) The project is located at the eastern terminus of Mountain Street northeast of the intersection of Robb Road and Lakeshore Drive. (Vote on this item was 4 to 0 with Winkler abstaining) . C. Tentative Parcel Map 27659 - Oak Grove Equities. (F: 110.2) The project is located at the southeast portion of the intersection of Grape Street and Railroad Canyon Road. ITEMS PULLED FROM CONSENT CALENDAR 1. Minutes (F:44.4) a. Regular City Council Meeting - April 27, 1993 . Mayor Washburn indicated that on Item #31 of the April 27, 1993, Minutes his vote should have been recorded as an abstention. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES AS CORRECTED. 3 . Warrant List - April 30, 1993 . (F:12 . 3) Councilwoman Cherveny noted that the warrant to IPS for $112 , 000 had been for street improvements. She indicated that she would withhold her approval of warrants issued to Topper Industries, American Fence Company, Central Cities Signs, D & S Electric, Signs Plus, The Architects; as they pertain to the boat launch ramp, which never received formal Council approval. She further indicated that she would like to see PAGE THREE - CITY COUNCIL MINUTES - MAY 110 1993 the launch ramp brought before the Council for approval prior to approving the expenditures. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE TO 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE WARRANT LIST AS PRESENTED. 4 . Annual Audit - Extension of Agreement - KPMG Peat Marwick. (F:24. 1) (X: 68 .1) Councilwoman Cherveny commented that this agreement began as an agreement for a three year period and inquired whether this was an item that would normally go to bid. Administrative Services Director Boone indicated that this would generally go to bid, however this was a request for a two year extension of time. Councilwoman Cherveny indicated that she would like to see this go to bid to see if money can be saved on this contract. She questioned the increase over the existing cost. Mr. Boone indicated that it would carry an increase of approximately a 3 to 4% C.P. I . increase for 1993-94 . Mayor Pro Tem Dominguez inquired why this extension was being recommended. Mr. Boone indicated that the time frame for letting bids had been missed and this would cover the contract for now. He requested consideration of at least an extension for the 1992-93 audit services, indicating that bids could be obtained for the 1993-94 audit. Councilwoman Cherveny indicated that she would have no problem with the request for this year, with bids obtained for the next year. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE A ONE YEAR EXTENSION OF TIME WITH BIDS TO BE OBTAINED FOR THE FOLLOWING YEAR. BUSINESS ITEMS 31. Stop Sign Controlled Intersections - Lakeshore Drive - Resolution No. 93-25. (F: 162 . 2) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 93-25: Councilman Alongi suggested that it might be appropriate to consider signage indicating "Launch Ramp - 500 Feet" or "1,000 Feet" . Mayor Washburn indicated that there had been discussion of placing a flashing light. Public Services Director Tecca commented on the existing stop sign configuration and its emphasis on safety for boat trailers crossing from the parking lot to the ramp. He also noted that the signage is also intended to facilitate increased traffic flows on Sunday with churches and the boat trailers. He indicated that he did not feel there was a need for further signage. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 93-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE PAGE FOUR - CITY COUNCIL MINUTES -- MAY 11, 1993 CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 32 . Storm Drain Reimbursement Agreement with Southlake Estates Joint Venture. (F: 68. 1) (X: 155. 1) City Manager Molendyk explained this item noting that fees had been paid up-front to start development. He noted a question which arose from this item regarding the $20, 000; and clarified that these funds were paid in before the district was formed and it would be appropriate to refund those dollars at this time. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO REFUND OSBORNE DEVELOPMENT JOINT VENTURE $20, 344 .74 FROM THE CORYDON DRAINAGE DISTRICT FUND; WAIVE ALL DRAINAGE FEES FOR TRACTS 24138, 13139 AND 24215; APPROVE THE REIMBURSEMENT AGREEMENT WITH OSBORNE DEVELOPMENT JOINT VENTURE FOR $714, 604 AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNCIL. 33 . _Extension of Time #2 for Tentative Parcel Map No 24571 - Rancon Realty Fund IV located at the Northwest Corner of Central and Collier Avenues. (F: 110. 2) City Manager Molendyk detailed this item, noting that the applicant has requested a extension of time to finalize the plan partially because of the current economy. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO GRANT A TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 24571, WHICH SHALL EXPIRE ON MAY 260, 1994, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Substantial progress toward the development of this Parcel Map has taken place. 2. The Project as proposed and conditioned is consistent with the Goals, Policies, and objectives of the General Plan. PLANNING DIVISION CONDITIONS 1. Tentative Parcel Map 24571 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . Any alterations to the topography, ground surface or any other site preparation activity will require the appropriate City Permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Department. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 3 . The Cityfs Noise Ordinance must be met during all site PAGE FIVE - CITY COUNCIL MINUTES - MAY 11, 1993 preparation activity. 4. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 1.7.82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) guidelines. 5. At the time of map recordation the applicant shall cause to be recorded an agreement to provide for future reciprocal parking, access, circulation, loading and landscaping maintenance, and a reciprocal ingress/egress agreement for maintenance of signage in favor of all lots, subject to the approval of the Community Development Director or his designee. The agreement shall also include information on any environmental hazards or similar development constraints including the information that the site may be subject to liquefaction hazards; the report, its findings and recommendation shall be made available to all future owners/lessees. 6. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 7. Prior to the first Certificate of Occupancy for Lots 1 and 11 a minimum six-foot (61 ) high decorative block or masonry wall with maximum four-foot (41 ) wide wrought iron sections to allow for drainage as necessary shall be provided along the western property line from Collier Avenue to the Interstate 15 boundary, subject to the approval o the Community Development Director or his designee. 8. The side yard setback for the first 50 feet northerly from Collier Avenue along the westerly boundary shall be 15 feet; this shall be a fully landscaped setback with ground cover shrubs and trees in accordance with the City's Landscape Guidelines and be permanently irrigated subject to the approval of Community Development Director. The landscaped setback shall be fully improved prior to Certificate of Occupancy for any structure for Lot 1. No structures may encroach into this setback. The remaining side yard setback shall be 5 feet along this property line to the Interstate 15 boundary and along the Interstate 15 boundary (northerly property line) to lettered Lot A. Specimen trees shall be spaced at least 100 feet on center within the setback areas. Planter widths shall be increased where necessary to accommodate the specimen trees. 9. Exhibits 1, 2, and 3, by RMG Design Group, illustrating conceptual development plans shall become a part of Tentative Parcel Map 24571 cast file and commercial development of the site shall illustrate consistency with the integrated design/signage concept. 10. One (1) lettered lot shall be indicated on the final map for the City's Entry Way Landscape theme. The City at its sole option may int he future accept the lot for PAGE SIX - CITY COUNCIL MINUTES - MAY 11, 1993 dedication. The lettered lot shall be triangular in shape and be locat ed ted at the northeastern most section of the map (intersection of I-15 and Central) . The lot shall have the following dimensions described generally as follows; starting at a point at the most northeasterly corner of the map then southwesterly 90 feet along Central Avenue, then 28 feet northwesterly from said point, then with a radius of approximately 180 feet long to a point intersecting the northerly property line 135 feet from point of origin, as generally shown on the submitte d Tentative Parcel Map date stamped October 27, 1989 , for a total square footage of 4,200 square feet. Lettered Lot "A" shall be landscaped in accordance with the City's adopted Landscape Guidelines and shall include ground cover, shrubs and trees, permanent irrigation and be subject to the approval of the Community Development Director or his designee, the City's Landscape Consultant and the City's Redevelopment Consultant. Said improvements shall be provided prior to issuance of Certificate of Occupancy for Lot 7. The lettered Lot "A" landscape improvements shall be maintained by the developer. 11. A triangular shaped, landscaped open space area shall be provided at the corner of Central and Collier Avenues and shall have a minimum dimension of 30 feet from the corner triangular cut off with a total square footage of 2, 010. It shall have the following dimensions generally 12 . All landscape improvements pursuant to Design Review approval for all lots shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. b) Any pads that are not developed within 90 days after grading shall be provided with temporary planting and irrigation. ENGINEERING DEPARTMENT CONDITIONS 13 . All Public Works requirements shall be compiled with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 14 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16 . 52 . 030) . 15. Applicant shall provide sufficient additional right-of- way for a 67 foot half right-of-way on Central Avenue. Geometric street sections shall be subject to Cal-Trans and City Engineer approval for ultimate 134 foot right- of-way. 16 . Developer shall provide sufficient right-of-way at the intersection of Central and Collier to insure property land alignment through the intersection and geometrics as required by Cal-trans and City Engineer. i I i PAGE SEVEN - CITY COUNCIL MINUTES - MAY 11, 1993 17. Applicant shall provide sufficient dedication along Collier for a fifty-foot (501) half-width right-of-way to provide for a forty-three-foot (431) half-width roadway with a seven-foot (71) sidewalk adjacent to curb. 18. The applicant shall provide the following signal requirements related to this parcel map and future development upon project site. a) Applicant shall install a signal at the intersection of Collier Avenue and Central upon the issuance of the first Certificate of Occupancy for any building within the shopping center. Applicant to pay full cost of said signal subject to a benefit reimbursement district agreement between applicant and City. Applicant shall, as a process of finalizing signal improvement plans cause to be designed the necessary signals and systems to operate same signals subject to the City Engineer and Cal-Trans approval. In lieu of fees, applicant may cause required signals to be constructed with credit given and excess cost reimbursable by the City from the benefit reimbursement district agreement between applicant and City. b) Applicant shall submit a revised traffic study that addresses the need to install a traffic signal at either the future "B" street location or main project entry on Collier at such time as 75% of the total square footage of occupancy of the project occurs; if warranted by the revised study applicant _ shall install the required traffic signal at the identified location as a portion of the area system and shall be reimbursed for expenses above devloper's share apportionments set forth in benefit reimbursement district agreement. c) Developer shall, absent previous installation by Cal-Trans or by City, install a signal at the I-15 Southbound off-ramp at such time as 75% of the total square footage of occupancy of the project occurs, as a portion of the area system and shall be reimbursed for expenses above applicants fair share apportionment set forth in benefit reimbursement district agreement. d) Design of signals shall incorporate appropriate interconnects. e) Developer shall pay the lesser of the following as a contribution toward a signal at the northbound on-ramp to I-15. 1) Twenty percent (20%) of the combined construction and design costs, or; 2) A fair share apportionment of the value of such signal as a portion of the total signal program i.e. , benefit reimbursement agreement referenced by this condition in total. PAGE EIGHT - CITY COUNCIL MINUTES a MAY 11, 1993 19 . Applicant shall construct a raised median along frontage of Collier and Central as permitted by Cal-Trans and the City. The developer will be reimbursed for one-half the cost of the median by property owners on the opposite side of the street when they develop. If the grades of the existing street make installation of the median infeasible, then the developer shall pay for one-half the cost of design and construction of the median subject to the approval of the City Engineer. 20. Minimum seven-foot (71) sidewalks will e required along the frontage of Collier and Central. The developer may provide a parallel pedestrian sidewalk on-site in an easement in lieu of sidewalk adjacent to the curb, subject to the approval of the City Engineer. 21. The street improvements shall be constructed prior to the first Certificate of Occupancy. 22 . For driveways on Collier and Central which do not have a left-turn movement, there shall be only one egress lane with a maximum width of sufficient width to provide for truck turning movements. 23 . All improvements constructed on Collier and Central will require an encroachment permit from Cal-Trans and subject to design review requirements as stated in letters dated May 15, 1989 and October 31, 1989 . 24. Street improvement plans and specifications shall be prepared by a civil engineer. Improvements shall be designed and constructed to Riverside County Road Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16 . 34) . 25 . Provide fire protection facilities as required in writing by Riverside county Fire protection. 26. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 27 . On-site drainage shall be conveyed to a public facility or accepted by adjacent owners by a letter of drainage acceptance or conveyed to a drainage easement. 28. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 29 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution Nol. 83-78) . 30. All compaction reports, grade certification, monument certifications (with tie notes delineated on 8-1/211 x 1111 mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 31. Pay all capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34, Resolution No. 85-26) . PAGE NINE - CITY COUNCIL MINUTES - MAY 11p 1993 32 . Submit a "will-serve" letter to the City Engineering Department, from the applicable water agency, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. i 33 . Construct all public works improvements per approved I street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16.34) . 34 . Applicant shall obtain all necessary easements for off- site grading from the adjacent property owners prior to grading permit. 35. Contribute $2 , 267 . 00 towards the City's Master Entryway Sign Program. 36. Applicant to enter into an agreement with the City for construction of public work improvements and post appropriate bonds. 37 . Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of sit or redirecting drainage. 38. Provide Soils, Geology and seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 39. All parcels to have direct access to public right-of-way or be provided with an easement by separate instrument to be approved by he City Attorney. 40. All drainage facilities constructed shall meet the approval of Cal-Trans and the City. 41. Collier south of Central will need to be improved for proposed improvements at intersection as required by Cal- Trans and the City. Improvements only to include AC paving for through lane transition. 42 . The property owner, or any subsequent property owner or assigns, shall design and provide for the landscaping along off-ramp from freeway off-ramp to project site and participate in any freeway landscaping funding mechanisms subsequently approved an adopted by the City and/or Cal- Trans. 43 . The applicant shall design, and cause to be constructed, a Class III bike trail within the proposed street section on Collier. Said bike trail is subject to Cal-trans and City approval. 44 . Developer shall comply with the Master Plan of Drainage and enter into an agreement with the City for credit for drainage fees for all Master Plans drainage facilities constructed. 45. All improvement plans and parcel maps shall be i' ,I PAGE TEN - CITY COUNCIL MINUTES - MAY 11, 1993 I i digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1, 000 per sheet for City digitizing. 46. Prior to issuance e of grading or building permits, the owner shall provide the City with proof of filing a Notice of Intent with the Regional Water Quality Control Board for a Natural Pollutant Discharge System Permit. 47 . Developer shall work with he City and Cal-Trans and shall provide sufficient right-of-way for a partial cloverleaf on-ramp and off-ramp for the westbound traffic on Central Avenue and for the southbound I-15 traffic. 34 . Extension of Time for Tentative Tract_ Map No 25098 - Grunder/Nieto Tract located east of the I-15 Freeway and adjacent to the Closed Elsinore Landfill. (F: 160. 2) City Manager Molendyk explained this request. MOVED BY CHERVENY, SECONDED BY ALONGI TO GRANT A TWELVE MONTH EXTENSION OF TIME TO EXPIRE ON MARCH 26, 1994 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. Mayor Pro Tem Dominguez commented on a special district proposed to continue Grunder Drive from Franklin Street to Main Street, and questioned whether this project would be included in that assessment district. He inquired whether this should be included as a condition of approval. City Attorney Harper indicated that the district under discussion is still in the formation stage. He also indicated that the Council could not place additional conditions on the request for extension. He further indicated that he was not aware of whether this project was proposed to be in the assessment district. Mayor Pro Tem Dominguez inquired whether such a condition could be placed on the Final Map approval. City Attorney Harper explained that this could only be done if a new map is processed and clarified the procedure. Mayor Pro Tem Dominguez stressed the impact of this project on Franklin Street. City Attorney Harper further clarified that this type of condition could be added if the applicant doesn't mind. He suggested that this item be continued to allow staff to explain this matter to the property owner. City Planner Leslie indicated that the current map will expire on May 26, 1993 , so the next meeting on May 25, 1993 would be acceptable. City Manager Molendyk clarified that the assessment district whenever pursued would need a 2/3rds vote of the property owners. Mayor Pro Tem Dominguez questioned the willingness of the owner to participate. City Attorney Harper indicated that this would be difficult to discuss in that he is not sure of this project's proximity to the proposed district. Councilman Alongi inquired whether it would be possible to deny this extension if the conditions can not be agreed upon. PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 11, 1993 City Attorney Harper clarified that the extension could only be denied based on substantial findings; and a substantial finding would not be the unwillingness to add an additional condition. { " Mayor Pro Tem Dominguez inquired whether traffic circulation was a substantial finding. City Attorney Harper further clarified the need to have significant grounds for denial. He suggested a continuance to clarify the alternatives with the applicant. Mayor Washburn inquired whether the two week continuance would be a problem for the applicant. The applicant indicated it would not be a problem. THE MAKER OF THE ORIGINAL MOTION WITHDREW THE MOTION WITH CONCURRENCE OF THE SECOND. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. 35. Parking Prohibition for Boat Trailers - Lakeshore Drive - Resolution Nos. 93-26 and 93-27 . (F:162 .2) City Manager Molendyk explained this item which takes into account safety factors and maximization of parking in this area, with this item authorizing the posting of signage. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 93-26 AND 93-27. RESOLUTION NO. 93-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE E1SiNORE ESTABLISHING TOW-AWAY, NO PARKING BOAT TRAILER ZONES ON CERTAIN STREETS. RESOLUTION NO. 93-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 36. Reggest for Co-Sponsorship & Waiver of Fees - Public Safety Fair - Vonts. (F: 127. 1) City Manager Molendyk commented on the previous experience with this event and detailed the proposed event on June 12, 1993 . MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE REQUEST TO COSPONSOR THE EVENT, WAIVE ALL PROCESSING FEES ($150.00) AND PROVIDE ONE TRAFFIC CONTROL OFFICER AT A TOTAL COST OF $179.95. THE VONS GROCERY CHAIN WAS REQUESTED TO PROVIDE THE CITY OF LAKE ELSINORE WITH A CERTIFICATE OF INSURANCE LISTING THE CITY OF LAKE ELSINORE AS ADDITIONALLY INSURED IN THE AMOUNT OF $1, 000,000. Councilman Alongi requested clarification in writing from the City Attorney as to when fees can be waived and when they can not. I Mayor Washburn commented that this was a good fair last year to inform the kids about public safety. PAGE TWELVE - CITY COUNCIL MINUTES - MAY 11, 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. City Attorney Harper noted that he has prepared a written opinion which has already been discussed; however, the City can now support virtually any public oriented event. 37 . Change Order No. 1 for Graham Avenue Landscape. (F:95> 2) Mayor Washburn noted that this item should be moved to the Redevelopment Agency Agenda for consideration. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO MOVE THIS ITEM TO THE REDEVELOPMENT AGENCY AGENDA. 38 . Wayne's Wiener Wagon - New Locations. (F: 34 . 1) Mayor Washburn noted the request received from Mr. Burns and suggested that this matter be channeled for administrative processing. Councilman Alongi expressed confusion commenting that he did not feel Mr. Burns wanted to give up the Main/Graham location. He indicated that he saw the request as an opportunity to go to other locations when invited. He stressed the need to assure that licensed vendors are able to succeed in the Community. He further indicated that he would have no problem with an additional fee for operating on public property. Mayor Pro Tem Dominguez suggested that this matter be handled administratively. Councilwoman Cherveny requested clarification between the issues discussed at the Design Review Committee and the issue for consideration this date. She noted she had heard that the adult league was interested in having Mr. Burns at their games. Mayor Washburn clarified that there are a number of questions including cart location at various sites. He suggested that with this confusion the matter be handled administratively. Councilwoman Cherveny asked Mr. Burns what exactly was being requested. Mr. Burns explained that he would like to remain at Main/Graham during the week with the flexibility to go to other locations on weekends and in the evenings. Councilwoman Cherveny noted concerns with an ice cream cart on Main Street, but indicated she would have no problem with other sites. Councilman Alongi suggested consideration of ice cream at the ball fields only. He expressed concern with the ongoing discussion of this item. Councilman Winkler questioned the fees paid to date and suggested that he would have no problem with a 90 day trial period. He suggested that staff work with the applicant. Mayor Pro Tem Dominguez clarified the discussions at the Council and Design Review Committee levels. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO REFER THIS MATTER BACK TO STAFF TO WORK OUT THE DETAILS FOR A 90 DAY PERIOD. I i d _, _.... .__.._ .... ,._,. --m. _�.sr.r:sa,, a,•-�..f�''-h-nK��' "' �'Fi��T'tbre,:'.x;,v. M;2a'r a,::i.rr,r.. .y�.+-'`,"_a:F�sS a ln_`;r1.1?r_. .. ....,._. _._.._...... _ i ' . : _ .. .. - • ,., w .. -s5nd. N.n._'cam+. nah.vw Letu...ew""ydi .xW— .xaMi.+ ..-. 'ram,, ,-�,air .iTia"3'.Lb,?Fki>'?:rs di:+`�,C�;•a,'.•�.;n ''>n5„r`«r�n;e?r`%;:r'n`br'zr"'"riv,,.ra 3t''`'"" � • i 1 PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 11, 1993 i I 39. Community Development Block Grant Funding. (F:84.2) City Manager Molendyk highlighted this item and previous discussions, suggesting that a Study Session might be advantageous. Louise Ball & Barbara Card, representing the Assistance League of Temecula Valley, noted the proposal they submitted earlier in this process. Mrs. Ball detailed the three year history of the organization and their efforts in the Community to cloth children for school, via Operation School Bell. She noted that the group is now clothing nearly 600 children per year and further noted the impact of year round school on this distribution. She invited the Council to view the program and their fundraising efforts. She stressed their ability to comply for funding of this type. Mayor Pro Tem Dominguez noted the percentage of Lake Elsinore children served and questioned the level of donations from the Lake Elsinore area. Mrs. Ball indicated that they received $2, 000 from the Lady Elks last year and a number of individual donations of used clothing from the community. Councilwoman Cherveny questioned the 47; figure and how many from the Lake Elsinore School District .are from County areas and Wildomar. Mrs. Ball expressed difficulty in determining that percentage. Councilwoman Cherveny inquired whether this group had received contributions from the County. Mrs. Ball indicated that they had not to date due to the difficulty in determining how to address the program at the County level. Mrs. Ball offered to attend the upcoming Study Session. Mayor Washburn noted the current quandary over the human services center and noted their discussions to meet the requirements. He suggested that this item be scheduled to a <� special session to allow one more opportunity to work out an acceptable plan. MOVED BY DOMINGUEZ TO SCHEDULE A STUDY SESSION FOR MAY 18, 1993 . Councilman Winkler indicated that he would like this matter scheduled for an adjourned meeting to allow the Council to take action. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO SCHEDULE THIS ITEM FOR AN ADJOURNED MEETING ON MAY 18TH AT 3 : 00 P.M. Councilman Alongi requested clarification that this matter could be continued further if needed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Councilman Winkler commended Mrs. Ball on the good work on this program and thanked her for the presentation. Mayor Pro Tem Dominguez also thanked Mrs. Ball for this information. PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 11, 1993 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Laurie Tolstrup expressed concern with the future of baseball in the Community. She indicated that she had resigned from her office on the board of directors for little league, due to a misappropriation of funds she had discovered. She noted her prior concerns with splitting the County and City children and indicated that she would now support that consideration. She offered her support and assistance to ensure that the baseball programs could continue. Peter Dawson, 18010 Grand Avenue, representing the Southshore Homeowners, addressed the last Redevelopment Agency Meeting and the ratification of the Lake Transfer Agreement. He g questioned specific portions of this agreement, questioning the indication that there were no substantive changes from the original agreement. He expressed ongoing concern with the impact of this agreement on the launch rights of the County residents. City Treasurer Pape commented on recent letters to Councilwoman Cherveny and C.L.E.A.N. He explained that he put this matter off for a period of time to avoid the possibility of it being tied to the Recall issue. He noted the number of signs removed at City expense and a number of letters received indicating that individuals had witness the placement of signs by Councilwoman Cherveny. He also noted that developers are charged back for the removal of their signs against their inspection fees. He clarified his ability to send these letters based on City Attorney confirmation and expressed concern with the expense of a written opinion on his ability to send them. He indicated that most people he has spoken with would like to see this cost reimbursed. CITY MANAGER COMMENTS City Manager Molendyk indicated that a Closed Session is needed. City Manager Molendyk noted a memo to Councilwoman Cherveny regarding the status of the Outflow Channel Project. He noted that Mr. Stump of Riverside County Flood Control District had indicated that the plan will go to bid on June 2 , 1993 , and construction should begin in August, 1993 . He further noted the archeological study requirements and the subsequent findings which caused the need for additional digging before construction. Mayor Washburn commented that the main construction was still anticipated to be complete by the next winter in the event of more heavy storms. CITY COUNCIL COMMENTS Councilman Alongi commented on the following: 1. He thanked the Assistance League representatives for their information. 2. The roller skating/skate board concerns downtown should be referred to the Sheriff's Department. 3 . Habitat for Humanity's upcoming rummage sale. Anyone ! wanting to contribute to the effort was instructed to call (800) 288-3446. He stressed their interest in providing affordable housing. 4. The Sun Tribune newspaper and his concerns with the i PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 11, 1993 accuracy of their reporting. He stressed the importance c of accurate reporting. 5. City Treasurer Pape and his aggressiveness in protecting the City's funds. He expressed concern that the action of the Treasurer as enforcer is not in the City Policy statement. He questioned Mr. Pape's interest in the Camelot Properties loan and the Estes loan which were behind in payments. He suggested that it is also important to define the public right-of-way prior to trying to enforce it. Councilwoman Cherveny commented on the following: 1. Her concern with the Outflow Channel Project based on an article in the Press Enterprise that noted the completion would be in 1995 . 2 . Wished Assistant City Manager Rogers well in her recovery from surgery, noting that she was missed. i 3 . Her hope that the next agenda would include formal approval of the launch ramp, noting that this would complete the process for her. 4 . Her hope to start the budget process and focus on public safety. She noted specific public safety concerns which have come to her attention. She addressed the work to present a balanced budget and stressed the need to increase the police services, even if it means using reserves. She noted the impact of increased law enforcement in Los Angeles recently. She stressed the amount of vehicle thefts occurring in the Community. i 5 . Announced her new granddaughter's birth. Councilman Winkler commented on the following: i 1. The Outflow Channel Project, noting that there was really only a 1-1/2 month delay in the process. He noted the discussion of concerns with any delay at the last LEMA Board Meeting. 2 . Requested a transcript and copies of the two Lake Transfer Agreements noted by Mr. Dawson. 3 . Indicated that the Council will continue to focus on law enforcement, noting the ongoing efforts of this and prior Councils. Mayor Pro Tem Dominguez commented on the following: 1. Announce the Riverside Transit Agency's free ride day on May 19, 1993, to offer an opportunity to try using the bus. Mayor Washburn commented on the following: 1. The Economic Development Council Meeting scheduled for May 13th from 9 a.m. to 1 p.m. at the Sizzler. He suggested interested parties attend for lunch or the speakers. PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 11, 1993 i i 2 . Concurred that public safety is an issue that never goes away. He noted continuing efforts to look at new approaches to the problems. He suggested that more police is not always the answer. He indicated that it would again be addressed at budget time this year and noted that it has been increased nearly every year. 3 . Addressed Mr. Dawson's comments indicating that the City is still looking to provide launch rights for those property owners who already hold rights. He further indicated that he was looking at a meeting in the future to work out a draft document to address this matter. 4. The Lake Edge Specific Plan processing, noting the diligence of the City to prepare for the City and the County. He expressed concern that the plan is not being processed due to a request for fees and concerns with traffic circulation. He encouraged interested persons to contact Supervisor Buster to encourage the process to continue. 5. His opportunity to sit down and interview the Planning Commission applicants. He stressed the quality of the candidates and his interest in getting them all involved. He recommended appointment of Daniel Metze to the Planning Commission. Appointment of Planning Commissioner. MOVED BY WASHBURN, SECONDED BY WINKLER TO APPOINT DANIEL METZE TO THE PLANNING COMMISSION. Councilman Alongi clarified that Mr. Metze was a resident of the Amber Ridge Tract, and expressed concern with appointing someone associated with an ongoing project. He suggested that Mr. Bender was well qualified. Mayor Washburn reiterated that all of the applicants were well qualified. Councilman Alongi further expressed his concerns with picking people from ares involved in the recall. He indicated he was not happy with appointing anyone affiliated with ongoing projects. He opposed the appointment due to this connection. Councilman Winkler inquired whether Mr. Metze had been involved in the recall election. Councilman Alongi indicated he was associated because of the Amber Ridge Tract. I Councilman Winkler called for the question. Councilman Alongi further commented on the Amber Ridge Tract, existingproblems and p persons who supported Mr. Metze appointment. He suggested that the choice should be a neutral person. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSTAINING. Mayor Washburn congratulated Mr. Metze on his appointment and i i i PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 11, 1993 appointed Mr. Robert Schiffner and Mr. Daniel Bender to the Lake Advisory Committee and suggested that Mr. Jim Sands and Mr. Thomas Chadwell be considered for other committees. He stressed that all are excellent candidates and thanked them for their interest. THE CITY COUNCIL MEETING WAS RECESSED AT 8 : 45 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 9 : 02 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:03 P.M. TO DISCUSS MATTERS OF PENDING LITIGATION WITH ROBERT PARKER ENTERPRISES, HARVEY/E.V.M.W.D. , ADAMS ADVERTISING AND OUTDOOR MEDIA GROUP. THE CITY COUNCIL MEETING WAS RECONVENED AT 9 : 20 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:21 P.M. TO ! MAY 18, 1993 AT 3 :00 P.M. 1 I l GARY WASHB , MAYOR r CIT O LAKE ELSINORE A TEST: VICKI CASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 18, 1993 CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Washburn at 3 : 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER (Councilman Winkler arrived at 3 : 08 p.m. ) BUSINESS ITEMS 1. C.D.B.G. Funding. (F:84.2) City Manager Molendyk explained this funding and ways it has been used previously. He further explained that the funds as originally allocated, can not be disbursed because the criteria has changed and the service organizations designated no longer qualify for funding. Community Services Director Sapp explained Council's previous approval and allocations. He clarified that the criteria had been changed to use 1990 census data and based on that only Alternatives for Domestic Violence could qualify. COUNCILMAN WINKLER ARRIVED AT 3 : 08 P.M. Mayor Washburn commented on recent efforts of the Human Services Center to develop other possible scenarios to allow for funding. Community Services Director Sapp explained previous efforts to allow Alternative for Domestic Violence, the Human Services Center and H.O.P.E. jointly qualify for funding. Mayor Washburn noted the original contract for the Human Services Center and explained that it was started with seed money and asked to seek other funding sources. He indicated that on this basis the agencies already knew the funding would not continue indefinitely. Community Services Director Sapp advised that most of the agencies are still unable to afford to pay anything. Councilwoman Cherveny inquired whether there is a lease on PAGE TWO - CITY COUNCIL MINUTES - MAY 18, 1993 the building. Community Services Director Sapp indicated that it would be necessary to let the property owner know that the building is no longer needed. Mayor Washburn questioned the ability to go to the For Kids Sake building. Community Services Director Sapp indicated that it had not been possible to negotiate a long term lease. Councilman Alongi expressed difficulty in believing that there were not enough low and moderate income people in the Community to qualify these programs for funding. He noted that he had met with Supervisor Buster, and his indication was that the $10,000 criteria did not apply this year, but next year. Community Services Director Sapp advised that he has been told that the $10, 000 criteria will begin this year. Councilman Alongi questioned the areas that do qualify for assistance. Mr. Sapp explained that there are two areas that qualify, however, not enough areas to qualify the programs. He further explained that Alternatives to Domestic Violence have a presumed benefit under HUD's criteria. He also noted that since the deadlines have passed, it is really not possible to add programs not previously approved. Councilman Alongi expressed concern that Kevin Palmer from the County was not present to answer questions. Mrs. Ball, representing Operation School Bell, clarified the criteria and her understanding of the $10, 000 limitation. Discussion of funding and the potential for mid-year reallocations ensued. Councilman Alongi questioned the participation of United Way in this area, and whether they could apply and act as an umbrella for other agencies. Community Services Director Sapp clarified that United Way may no longer qualify either with the requirement that 51% be low to moderate income people. Mayor Washburn commented that the only possible way to address these programs is to change the way they do business to provide adequate documentation. City Manager Molendyk noted that federal government grant programs are subject to frequent changes in criteria. Mayor Washburn commented that at 50, 000 population the City can receive direct funding without the County as the middle- man. Councilman Alongi questioned the ability to use program funds rather than the forms required by C.D.B.G. Community Services Director Sapp clarified the documentation process by which H.O.P.E. could qualify for funding. Councilman Alongi questioned the potential for swapping funds. Community Services Director Sapp indicated that this would be possible, however he was not aware of general funds dollars which could be used. Councilman Alongi questioned the ability to use reserves to fund these programs. PAGE THREE - CITY COUNCIL MINUTES - MAY 18, 1993 Councilwoman Cherveny questioned the $29, 000 figure for senior home repair and whether it would all be used. Mr. Molendyk indicated that this was a popular program and generally did utilize all of the funds allocated. Mayor Washburn suggested that a mid year swap might be possible. Sharon Lindsey, representing Lake Elsinore Unified School District noted the contributions of Operation School Bell to the local children, indicating that 135 students at Railroad Canyon School were clothed in fiscal year 1991-92. She further indicated that this was by no means the most needy school in the district. Council discussion ensued with regard to this program and the related statistics for justification. Mayor Pro Tem Dominguez inquired what other cities Operation School Bell had applied to for assistance. Mrs. Ball indicated that they have only applied to Lake Elsinore and Temecula. She noted that very few children from Murrieta were clothed by the program. Sharon Lindsey stressed the success of Operation School Bell and indicated that the necessary statistics could most likely be accumulated. Mayor Washburn stressed the need for all interested agencies to keep extensive records to help in applying for funds. The Health Clerk from Railroad Canyon School detailed the needs of the students for adequate clothing and noted that many do not even have shoes to wear to school. Mayor Pro Tem Dominguez inquired whether this group had commercial contributors. A representative indicated they do not, however, they spend approximately $10,000 annually in the City buying for City children. Mayor Washburn noted that there was really only one course of action at this time and suggested further review at budget time and mid-year. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO FILE THE NECESSARY REVISIONS FOR THE 1993-94 ALLOCATION. 2 . Council Policy Manual Update. (F: 120. 1) City Manager Molendyk explained that the Council Policy Manual was begun in 1986 and since that time a number of policy title were placed in the index, however, the policies have never been formulated. Mayor Washburn indicated that he had requested placement of this item on the agenda. The City Clerk indicated that samples of possible policies had been included for Council review. City Manager Molendyk noted that completion of this manual was intended to eliminate some questions and concerns which have PAGE FOUR - CITY COUNCIL MINUTES - MAY 18f 1993 arisen. He clarified the meaning of ordinances, resolutions and policies. He further clarified that a Council policy is generally a statement that the Council agrees to and the City Manager administers. The Council discussed each policy proposed as follows: 100-8 - Citizen Complaints Mayor Washburn noted that the current practice is to complete a form with direction to be provided by the City Manager's Office. City Manager Molendyk clarified that this was true for Council requests, however citizens requests are generally recorded on a form and forwarded to the appropriate department for handling. Councilman Alongi questioned Code Enforcement complaints, and the requirement that the persons reporting the problem give their name and address for use in court if necessary. C i t y Manager Molendyk clarified the need for a person to be willing to take responsibility and testify to the violation if necessary. Councilman Alongi further questioned the need to expose that person's name, and the need to give a name if there is in fact a violation. City Attorney Harper indicated that he is not aware of any cities that take anonymous complaints, although he did not feel that confidentiality could be protected to some extent. He further indicated that when a case is prosecuted it may be necessary for the person to serve as a witness. Councilman Alongi indicated that he would agree if legal action is anticipated, but did not see the need for a signature. City Attorney Harper indicated that a signature lends credibility to a complaint. Councilman Alongi expressed concern with setting a situation under which a person would be in danger for reporting a neighbor. Councilwoman Cherveny indicated that she saw nothing requiring that complaints be in writing. City Manager Molendyk indicated that many complaints are received that the Council never hears about as they have been resolved. He noted items of confidential nature which generally involve police activity, drugs, gangs, etc. Councilman Winkler requested that "non-Councilmember" be used in front of "resident" in this policy. Councilman Alongi expressed concern with the potential for retaliation. City Attorney Harper indicated that where possible efforts would be made to protect confidentiality. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT POLICY 100-8 AS FOLLOWS: "COMPLAINTS RECEIVED FROM NON COUNCILMEMBER RESIDENTS ON A DAY TO DAY SHALL BE REFERRED TO THE DEPARTMENT MOST ABLE TO ADDRESS THE CONCERN. THESE COMPLAINTS WILL BE ADDRESSED AS EXPEDITIOUSLY AS POSSIBLE, AS SOON AS THEY ARE RECEIVED. 100-11 - Records Access Councilwoman Cherveny questioned the current cost for provision of copies to the public. City Clerk Kasad indicated that the charges were as detailed in the proposed policy. PAGE FIVE - CITY COUNCIL MINUTES - MAY 18, 1993 Councilman Alongi questioned the need for the section pertaining to Councilmembers. Mayor Washburn suggested that Planning Commissioners also be added to this portion of the policy. He expressed concern with the number of copies being provided. Councilman Alongi indicated that as a Councilmember there should be no fees imposed for anything. He stressed that Councilmembers act in the best interest of the Community and that did not mean by incurring excessive costs. He indicated that copies should be received without charge. Councilman Winkler indicated that any citizen could obtain copies for a cost and the Council should be no different. Councilman Alongi stressed that elected officials are different. Councilman Winkler indicated that additional copies should be provided as they are to any other citizen. Councilman Alongi indicated that it was a right of the job to obtain copies as needed. Mayor Washburn indicated that this is an attempt to set policy. He explained that the costs were established through the M.S. I . study and indicated that the system has been working. He expressed concern with Councilmembers obtaining additional copies of documents they already hold. He indicated that it was not appropriate to donate copies or ask for research. Councilman Alongi stressed that the point is Councilmembers are elected officials who act reasonably. He indicated that he did not feel Council would take advantage of the situation at a cost to taxpayers. He stressed that it is his job to obtain information to allow for proper voting. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO ADOPT POLICY 100-11 AS FOLLOWS: COPIES OF PUBLIC RECORD ARE AVAILABLE FROM THE CITY CLERK'S OFFICE AND OTHER DEPARTMENTS TO THE PUBLIC AT A RATE OF $2 . 00 FOR THE FIRST PAGE AND $.25 FOR EACH ADDITIONAL PAGE. REQUESTS REQUIRING EXTENSIVE RESEARCH ALSO CARRY A CHARGE OF $15. 00 PER HOUR OR RESEARCH. COPIES AND INFORMATION WILL BE PROVIDED AS QUICKLY AS POSSIBLE WITH ALL REQUESTS TO BE IN COMPLIANCE WITH SECTION 6256 OF THE GOVERNMENT CODE. iN ADDITION CITY COUNCILMEMBERS AND PLANNING COMMISSIONERS WILL RECEIVE A FULL SET OF DOCUMENTS ON EVERY ISSUE CONSIDERED AND ADDITIONAL COPIES OF DOCUMENTS CAN BE OBTAINED, HOWEVER, IF THE ADDITIONAL COPIES WOULD EXCEED A TOTAL COST OF $25. 00, THE COST WILL BE BORNE BY THE COUNCILMEMBER OR COMMISSIONER. 200-5 - Mayor & City Council Appointments Mayor Washburn indicated that this verbiage was in line with the existing Municipal Code language. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 0 WITH ALONGI ABSTAINING TO ADOPT POLICY 200-5 AS FOLLOWS: PAGE SIX - CITY COUNCIL MINUTES - 14AY 18, 1993 "APPOINTMENTS TO THE LAKE ELSINORE PLANNING COMMISSION AND OTHER CITY COMMITTEES ARE PROPOSED BY THE MAYOR AND RATIFIED BY A MAJORITY VOTE OF THE CITY COUNCIL. APPOINTMENT OF CITY COUNCILMEMBERS TO OTHER AGENCIES ARE DISTRIBUTED AMONG THE COUNCIL AS RECOMMENDED BY THE MAYOR. 300-1 - Compensation for C_ouncilmembers, Commissioners & Boardmembers Councilman Alongi inquired when the Planning Commissioners salaries can be increased. City Manager Molendyk indicated at any time as it is by Council resolution. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT POLICY 300-1 AS FOLLOWS: COMPENSATION FOR COUNCILMEMBERS SHALL BE $300/MONTH, SUBJECT TO REVISION PURSUANT TO SECTION 36517 OF THE GOVERNMENT CODE. COMPENSATION FOR PLANNING COMMISSIONERS SHALL BE $50.00 PER MEETING, SUBJECT TO REVISION BY CITY COUNCIL RESOLUTION AS STATED IN LAKE ELSINORE MUNICIPAL CODE SECTION 2 .24. 070 . COMPENSATION FOR REDEVELOPMENT AGENCY BOARDMEMBERS SHALL BE $30. 00 PER MEETING, SUBJECT TO REVISION PURSUANT TO SECTION 33114.5 OF THE HEALTH AND SAFETY CODE. 300-2 - Petty Cash Procedures MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT POLICY 300-2 AS FOLLOWS: IT IS THE POLICY OF THE CITY COUNCIL TO ALLOW FOR REIMBURSEMENT OF OUT-OF-POCKET EXPENSES FROM A PETTY CASH FUND, SUBJECT TO APPROPRIATE RECEIPTS OR DOCUMENTATION. THE LIMIT FOR THIS TYPE OF REIMBURSEMENT SHALL BE $50. 00. 300-3 - Use-of City Credit Cards MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT POLICY 300-3 AS FOLLOWS: IT SHALL BE THE POLICY OF THE CITY COUNCIL TO MAINTAIN CITY CREDIT CARDS FOR USE BY CITY OFFICIALS AND STAFF. SUCH CREDIT CARDS SHALL BE AVAILABLE FOR CHECK OUT THROUGH THE FINANCE DEPARTMENT, SUBJECT TO CITY MANAGER APPROVAL. 300-4 - Travel & Training Councilwoman Cherveny suggested that if the Mayor or Chairman are going out of the City on business, the Council should be apprised and approve the trip prior to travel. She suggested that the proposed policy be deleted. Councilman Winkler explained that those position were designated in the policy because they serve as the spokespeople for those agencies. Councilwoman Cherveny concurred, however, suggested prior approval from Council. She stressed the importance of keeping Council apprised. City Attorney Harper inquired whether Council would want to approve travel or merely be apprised prior to travel. Councilma Alongi expressed concern with 16 17Xtbapenditure of taxpayers money and suggested that the Council should be notified of such travel. PAGE SEVEN - CITY COUNCIL MINUTES - MAY 180 1993 Councilwoman Cherveny indicated that if travel is necessary, the Council should make a motion and approve it. City Manager Molendyk clarified that most travel is approved as part of the budget document and explained that some items are automatic such as the League of California Cities Conferences, etc. He further noted examples of travel which might be necessary at the last minute. Councilwoman Cherveny questioned how any one Councilmember could finalize a deal out of town without Council concurrence. City Manager Molendyk clarified that in negotiations, one board member might negotiate on behalf of the board, however, ratification of those negotiations by the full board would be needed. Mayor Washburn further clarified that in negotiations it is generally accepted that one person cannot guarantee the action as one person, and everything would be subject to ratification. City Manager Molendyk requested clarification as to whether approved budget items would require further Council approval. Councilwoman Cherveny indicated that she was not concerned with regular seminars, conferences, etc. City Attorney Harper requested clarification as to whether a memo in advance would be adequate notification. Councilman Alongi indicated that would be appropriate. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE POLICY AS PRESENTED WHICH READS AS FOLLOWS: THE MAYOR OR CHAIRMAN OR THEIR DESIGNEES ARE THE ONLY MEMBERS AUTHORIZED TO TRAVEL ON CITY BUSINESS WITHOUT PRIOR COUNCIL APPROVAL. ALL OTHER MEMBERS MUST RECEIVE APPROVAL OF THE FULL COUNCIL. THIS AUTHORIZATION MAY BE REVOKED BY MAJORITY VOTE OF THE COUNCIL. 300-6 - City Support of Special Events Mayor Washburn suggested that no action be taken on this at present, and it be referred to the budget session. He indicated that he was not sure a formal policy was appropriate. City Attorney Harper suggested that each individual event be considered on its own merit. Councilman Alongi suggested that a list of events be developed which would be supported every year with specified contributions. 400-1 - Badges & I .D. Cards MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT POLICY 400-1 AS FOLLOWS: EVERY CITY EMPLOYEE, ELECTED OFFICIAL AND COMMISSIONER IS ISSUED A CITY IDENTIFICATION CARD. NAME BADGES ARE ISSUED TO EVERY ELECTED OFFICIAL, THE CITY MANAGER AND OTHER EMPLOYEES AS DESIGNATED BY THE CITY MANAGER AS IDENTIFICATION FOR BUSINESS AND SOCIAL FUNCTIONS. 400-2 - Business Cards MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS PAGE EIGHT - CITY COUNCIL MINUTES - MAY 18, 1993 VOTE TO ADOPT POLICY 400-2 AS FOLLOWS: EVERY ELECTED OFFICIAL AND STAFF MEMBERS DESIGNATED BY THE CITY MANAGER ARE SUPPLIED CITY BUSINESS CARDS. THESE CARDS ARE INTENDED FOR USE STRICTLY IN RELATIONSHIP TO THEIR POSITION WITH THE CITY. 400-3 - Keys to City Hall MOVED BY CHERVENY, SECONDED BY WINKLER TO ADOPT POLICY 400-3 AS FOLLOWS: KEYS TO CITY HALL ARE ISSUED TO ELECTED OFFICIALS AND STAFF MEMBERS AS DESIGNATED BY THE CITY MANAGER. Councilman Alongi questioned which keys would be authorized for Councilmembers; front door and Council office only. Councilman Winkler indicated that the City Manager might choose to designate others as needed. Councilman Alongi inquired whether the City Manager was the boss; and stressed that he can designate staff, but not the Council. City Manager Molendyk stressed that this was an effort to establish policy, and the Council is telling the group what that policy will be. He advised that he would understand policy to allow for Councilmembers to have keys to the front door and the Council office. Councilman Winkler concurred and clarified that he would see the City Manager empowered to change locks with subsequent Council's as necessary. Councilman Alongi indicated that the City Manager should designate staff as needed, however, he would like to formally designate that the Council receives keys to the front door and the Council Office. City Attorney Harper explained that the verbiage as presented was established because of a problem which arose with a prior Council, with the Council choosing to designate the City Manager. Councilman Winkler indicated that he felt this was the intent of previous Council's as well. Councilman Alongi stressed that the City Manager does not manage the City Council. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1. WITH ALONGI CASTING THE DISSENTING VOTE. 400-4 - Use of City Personnel Mayor Washburn indicated that this policy was intended to protect City personnel. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT POLICY 400-4 AS FOLLOWS: CITY COUNCIL SHALL MAKE REQUESTS OF CITY STAFF VIA THE CITY MANGER WITH RESPONSES BACK THROUGH THE CITY MANAGER TO ALL COUNCILMEMBERS TO ALLOW FOR BETTER TRACKING AND FOLLOW-UP ON REQUESTS FROM COUNCIL AND TO PREVENT DUPLICATION OF EFFORTS. COUNCILMEMBERS MAY NOT PERSONALLY DIRECT PAGE NINE = CITY COUNCIL MINUTES - MAY 18, 1993 ANY STAFF, INCLUDING BUT NOT LIMITED TO CODE ENFORCEMENT OFFICERS, BUILDING INSPECTORS, PUBLIC WORKS INSPECTORS, BUSINESS LICENSE CLERKS, ETC. ALL SUCH DIRECTION IS TO BE PROVIDED THROUGH THE CITY MANAGER. AS A COURTESY, IT WOULD BE HELPFUL TO SCHEDULE APPOINTMENTS WITH STAFF TO PREVENT EXCESSIVE INTERRUPTIONS AND ALLOW FOR APPROPRIATE UTILIZATION OF STAFF. Councilman Winkler indicated that the City Clerk works for the Council and should direct requests to the City Manager. He further indicated that every department head and staff person should let staff know that requests go through the City Manager only, and any other handling of requests would trigger disciplinary action. Councilman Alongi requested clarification of this explanation. Councilman Winkler explained that this was telling the City Manager to advise staff and follow-up with disciplinary action if they handle a Council request without going through the City Manager. Councilman Alongi questioned what happens if the City Manager is not in, and indicated that he would in that case go to the Department Head. Mayor Washburn stressed that the staff handles the day-to-day operations and stressed the need to not undercut the City Manager's position, Councilman Winkler further explained that he felt staff should be disciplined for acting on direction from Councilmembers. Councilman Alongi questioned how Council could put staff in that position. Councilman Winkler commented that elected officials have no right to direct staff. Councilman Alongi indicated that he was elected to protect the Community's interest, and if he sees something of danger to the community he will go to the appropriate person to correct it. City Manager Molendyk clarified the City Council/City Manager form of govenement. He stressed that he is accessible at most times and if not the Assistant City Manager is available. He further explained that if both are unavailable a department head is designated to handle emergency situations. 400-5 - Use of Citv Vehicles Mayor Washburn requested that the words "as soon as possible" be stricken from this policy. Councilman Alongi questioned the time limit on how long Council can use a vehicle on the City's behalf and why it is an issue. Mayor Washburn noted a prior use of a vehicle by Councilman Alongi and indicated that this policy is an intent to regulate the use. Councilman Alongi questioned the legality involved in using a City vehicle. PAGE TEN - CITY COUNCIL MINUTES - MAY 18, 1993 Councilman Winkler indicated that cars used for meetings should be brought back the next day. He stressed the using the radio to direct staff is not Council's job, and they have no authority to do so. Councilman Alongi disagreed stating that it is his responsibility to do so. Councilman Winkler indicated that this policy is intended to regulate that type of use. Councilman Alongi questioned why this was being put in writing, as it can be changed after every election. Mayor Pro Tem Dominguez indicated he would bring it back again in 1996. City Manager Molendyk clarified the current process for checking out cars and turning them in after use and stressed that this policy is no different than the current practice. Councilman Alongi questioned the policy further and indicated that there is nothing about the Council being restricted for use of City vehicles. Council discussion of responsibilities and limitations ensued. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE TO ADOPT POLICY 400-5 AS FOLLOWS: CITY VEHICLES ARE AVAILABLE TO THE CITY COUNCIL AND CITY STAFF AS NEEDED TO ATTEND MEETINGS OUTSIDE THE CITY LIMITS. CITY COUNCIL USE IS COORDINATED THROUGH THE CITY CLERK'S OFFICE. IN ADDITION, CERTAIN CITY STAFF MEMBERS ARE PROVIDED USE OF CITY VEHICLES IN CONNECTION WITH POSITIONS DESIGNATED BY THE CITY MANAGER. CARS USED AFTER HOURS SHOULD BE RETURNED ON THE NEXT BUSINESS MORNING. 400-6 - Use of City Facilities Councilman Winkler suggested that this item be deferred. 400-7 - News Media Statements & Interviews Councilman Winkler indicated that he does not like the way this policy was written. Councilman Alongi questioned the meaning of "authorized" press releases. Councilman Winkler suggested that policy 400-7 be written as follows: Press releases on behalf of the City may be authorized by the Mayor but no other councilmembers. Press releases on behalf of the Redevelopment Agency may be authorized by the Chairman, but no other Boardmembers. City Manager Molendyk indicated that he would hear this as designating spokesmen for each body. He further clarified that he would assume that this addresses written press not releases and would prohibit Council from talking to the press. Councilman Winkler concurred this was the intent. Councilman. Alongi further questioned "authorized" press PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 18, 1993 releases. Councilman Winkler indicated that they would come from the chairperson. Mayor Washburn clarified that they would normally relate to approved projects of the City. City Attorney Harper indicated they would generally be formal releases on City Stationary. Councilman Winkler indicated that he wanted it clear that the City Clerk was not typing press releases to put out for formal release. He stressed that he does not want the appearance that all releases are the City's official position. He stressed the majority vote to designate the chairman or mayor as justification. Councilman Alongi inquired whether this was a limitation on the use of City letterhead. City Attorney Harper clarified that there is not legal entitlement to use of the letterhead, but it is subject to Council approved purposes and limit others. Councilman Alongi inquired whether the Council- can prohibit the Council from sending letters. City Attorney Harper indicated that the Council could preclude this action, as the letterhead is City property and the use could be limited. City Manager Molendyk indicated that the policy would also limit use of clerical staff for outside City business. He indicated that there is no particular law, only what the Council wants to establish. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT POLICY 400-7 AS FOLLOWS: PRESS RELEASES ON BEHALF OF THE CITY MAY BE AUTHORIZED BY THE MAYOR BUT NO OTHER COUNCILMEMBER. PRESS RELEASES ON BEHALF OF THE REDEVELOPMENT AGENCY MAY BE AUTHORIZED BY THE CHAIRMAN, BUT NO OTHER BOARDMEMBER. City Treasurer Pape suggested that it might be appropriate to regulate calls to the City Attorney from reporters and others; suggesting that billings be sent to those agencies. Mayor Washburn requested a policy giving direction that the City's logo be considered property of the City and should not be misused. City Attorney Harper indicated that the logo can be copywritten to prohibit use for personal reasons. Councilman Alongi suggested the establishment of a municipal code section to designate authorized uses. Councilman Winkler also requested a prohibition on hiring of relatives of an elected official of the City. City Attorney Harper indicated that this might already be in the Municipal Code, but an ordinance could be drafted. Mayor Pro Tem Dominguez requested consideration of a policy for placing items on the agenda to include who can place, how placed, etc. PAGE TWELVE - CITY COUNCIL MINUTES - MAY 18, 1993 Councilwoman Cherveny indicated the current policy is for placement two Wednesday's prior to the meeting. Councilman Alongi stressed that it is up to the Councilmember to use good judgement in placing items on the agenda. Councilman Winkler indicated that he would not wasn't to restrict this area further. Councilwoman Cherveny stressed the need to stick to existing policy. MOVED BY WINKLER, SECONDED BY WA HBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE ADJOURNED REG CITY COUNCIL MEETING AT 5: 15 P.M. )9f GAR . WAS BURN, MAYOR CIT OF LAKE ELSINORE A .TEST: ICKI KASA.D, CITY LERK CITY OF LkKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 25, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Pacific Clay. (F: 122. 1) Mayor Washburn read this proclamation and presented it to two representatives of Pacific Clay, noting their ongoing contributions to the Community. The representatives accepted the proclamation on behalf of Pacific Clay and Mr. David Murdock and thanked the Council for this recognition. B. Lake Advertisement. (F:92 . 1) Mayor Washburn commented on a 30 second advertisement which has recently been developed. City Manager Molendyk explained that this advertisement would be shown on OCN in Orange County to promote the Lake. The Videotape was shown. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item Nos. 24, 32, 33 and 34 of this agenda and deferred to those considerations. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 5. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE TWO -- CITY COUNCIL MINUTES - MAY 25, 1993 The following Minutes were approved: a. Regular City Council Meeting - May 11, 1993 . (F:44 .4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - May 5, 1993 . (F: 60.3) 2 . Received and ordered filed the L. E.A.F. Animal Control Activity Report for April, 1993 . (F: 18 .2) 3 . Received and ordered filed the Code Enforcement Activity Report for April, 1993 . (F: 54. 1) 4. Received and ordered filed the Investment Report for April 30, 1993 . (F: 12.5) 6. Approved Public Hearing date of June 8, 1993 for the following: a. TMC Development - North Peak Specific Plan Amendment. (F: 150.2) A request to approve a Specific Plan Amendment (SP 90-2) and 7 Tentative Tract Maps as part of Phase I of the North Peak Specific Plan Project. ITEM PULLED FROM CONSENT CALENDAR 5 . Warrant List - May 15 , 1993. (F: 12 . 3) Councilwoman Cherveny noted that a number of items on the Warrant List related to the boat launch facility. She pulled those items being warrants to C & C Limited, CHM, Central City Signs, O.C. Striping, Signs Plus and Spancrete, indicating that since the facility has not received formal Council approval, she did not feel it appropriate to approve the warrants. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE BALANCE OF THE WARRANT LIST AS PRESENTED. MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE WARRANT LIST AS PRESENTED. Street Faire. (F: 151. 1) Councilman Alongi requested that an item #39 be added to this agenda regarding the Street Faire. He indicated that he would like to consider the request this evening to allow time for advertising and promotion of the event. MOVED BY ALONGI, SECONDED BY CHERVENY TO ADD THIS ITEM TO THE AGENDA AS ITEM #39 . Mayor Pro Tem Dominguez noted previous comments by Mr. Zwievel that he would no longer be doing street faires. He questioned this request for consideration noting that it might be more appropriate as an appeal. PAGE THREE - CITY COUNCIL MINUTES - MAY 25, 1993 Councilman Alongi indicated that the Street Faires had been postponed due to legal problems which were now resolved. He noted that this is a good activity for the community, at no cost to the City. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. PUBLIC HEARINGS 21. Cottonwood Hills - Assessment District No. 93-1 -Resolution No. 93-23 and 93-24 . (F: 22 . 3) City Attorney Harper explained this item which would reimburse Pardee Construction for improvements to Railroad Canyon Road. He further explained that this consideration was intended to occur when the Development Agreement was approved. He indicated that this bond issuance would be in the amount of approximately $19 million, and Pardee had already committed to purchase $6 million of those bonds. He stressed the limited risk for the City, since Pardee is willing to proceed with the property and make payments. He noted that he has been assured by Pardee that they intend to proceed with development. Councilwoman Cherveny inquired whether this approval will obligate Pardee to spend the $6 million. City Attorney Harper clarified that while there is no obligation, they have in essence already spent the funds on Railroad Canyon Road. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 16 p.m. asking those persons interested in this item to speak. City Attorney Harper indicated that Mr. Magee had intended to be present to represent Pardee, however, he had a family emergency arise this afternoon. Hearing no requests to speak, the public hearing was closed at 7 :18 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-23 : RESOLUTION NO. 93-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-24 : RESOLUTION NO. 93-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPROVING THE ENGINEER'S "REPORT". PAGE FOUR - CITY COUNCIL MINUTES - MAY 25, 1993 22 . Tentative Parcel Map 27659 - Oak Grove Equities. (F:110.2) City Manager Molendyk highlighted this project and staff s recommendations. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:20 p.m. , asking those persons interested in this item to speak. Hearing' no one, the public hearing was closed at 7 :21 p.m. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 27659 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS - TENTATIVE TRACT MAP 27659 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, Policies, general land uses and programs specified in the General Plan and the Elsinore City Center Specific Plan. (Government Code Section 66473 .5) 2. The effects this project is likely to have upon the housing needs of the region and needs against the public service of its residents and available fiscal and environmental resources have been considered and balanced. 3 . The design of the subdivision provides to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision. (Government Code Section 66412 . 3) 4. Elsinore Valley Municipal Water District (EVMWD) has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. (Government Code Section 664`74 . 6) PLANNING DIVISION CONDITIONS 1. Tentative Parcel Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4 . The City's Noise Ordinance must be met during all site prepa-ation activity. PAGE FIVE - CITY COUNCIL MINUTES - MAY 25t 1993 5. Any street names within the subdivision shall be approved by the Planning Division. 6. Pay all applicable fees in force at time of issuance of building permits. 7. Prior to final approval of Parcel Map 27659 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other applicable conditions shall be complied with. 8. Final Map shall reflect plotting as approved on plans date stamped April 30, 1993 . 9. Building permits shall not be issued until proof that all school mitigation fees have been paid is presented to City Building Division. 10 . Comply with all conditions of the Riverside County Fire Department. This shall include providing any required fire protection facilities. 11. The developer shall meet all requirements of Southern California Edison. Plans for a street lighting system shall be submitted to them for review and approval. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 12 . Meet all requirements of Southern California Gas Company. 13 . Meet all requirements of General Telephone. 14. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . This shall include providing connection to public sewer for each lot within the subdivision. In addition, no service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 15 . All trailers used during construction shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailbox plans shall also be subject to review and approval of the Planning Division. 16 . Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and PAGE SIX - CITX COUNCIL MINUTES - MAY 25, 1993 permanent erosion control measures are required. The applicant shall bond 110p for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 17. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 18 . The applicant shall cause to be recorded an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement in favor of all lots, subject to the approval of the Community Development Director. In addition, CC & R's shall be approved by the City Attorney and the Community Development Director which enforces standards of building maintenance and participation in landscape maintenance. The CC & R's shall be recorded prior to finalization of the map. 19 . All development associated with this map requires separate Design Review approval in accordance with Section 17.82 of the Municipal Code prior to building permit approval, and shall be subject to review to determine the required level of environmental documentation subject to the provisions of the California Environmental Quality Act (CEQA) Guidelines. 20 . A geotechnical seismic report with findings and associated recommendations to mitigate potential hazards will be required to be submitted to the Engineering and Planning Departments prior to recordation of the final map. ENGINEERING DEPARTMENT CONDITIONS 21. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 22 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 .030) . Document can be obtained from the Engineering Department. 23 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34, Resolution 85-26) . 24 . Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 25. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . PAGE SEVEN — CITY COUNCIL MINUTES — MAY 25, 1993 Plans must be approved and signed by the City Engineer prior to final map approval. 26. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes, (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 27 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08, Resolution 83-78) . 28 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/2" x 11'o mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 29 . Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 30. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 31. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 32 . All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 33 . Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 34 . All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 35. Applicant shall obtain any necessary Cal Trans permits and meet all Cal Trans requirements. 36 . Enter into a subdivision agreement with the City for off-site improvements and post appropriate bonds. 37 . All improvement plans and parcel maps shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC Info/GIS or developer to pay $1, 000.00 per sheet for the City to digitized. PAGE EIGHT - CITY COUNCIL MINUTES - MAX 25P 1993 38. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 39 . Developer shall be subject to all Master Planned Drainage fees and will receive credit for all master planned drainage facilities constructed. 40 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 41. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability. 42 . All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 43 . Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. 44 . Applicant shall dedicate sufficient land along Grape Street to provide for a 110 foot right-of-way from the westerly corner to 300 foot southerly (55 foot half section) . The remaining section of Grape Street shall have a 100 foot right-of-way. 45. The applicant shall construct conduits and pull boxes for a future signal at the main entrance (second driveway from Railroad Canyon Road) of the site. He shall also contribute 75 percent (75%) of the cost for the future design and construction of the traffic signal prior to issuance of building permits. 46 . The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge Elimination System (NPDES) and submit the storm water pollutant prevention plan prior to grading permit. 23 . Specific Plan 92-1 and Tentative Tract Map 27223 (Care of Good Hope)_ Friendly Group 7 - Ordinance No. 954 . (F: 150 . 2) (X: 160.2) City Manager Molendyk summarized this project and noted that it had been heard by the Planning Commission on several occasions. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 24 p.m. , asking those persons interested in this item to speak. Bill Fruin, Driftwood Lane, indicated that this project is located behind his home. He noted an easement which is PAGE NINE - CITY COUNCIL MINUTES - MAY 250 1993 also behind his home which has come to be used like an alleyway, causing a loss of privacy for his home. He suggested that a keyed gate at each end of this easement would assist in resolving this problem. He expressed concern with the amount of fill dirt used behind his home and questioned the level of maintenance which would occur on the slope. He noted other areas where the slopes are not adequately maintained. He further noted the increased loss of privacy with the construction of these homes and questioned whether they one be one or two story homes. Mayor Washburn indicated that while he has not seen the model plans for this tract, he believed the homes with which Mr. Fruin was concerned might be Lewis Homes rather than this applicant. Belinda Nabonne, Apple Blossom Lane, expressed concern wih the proposed project, noting that a number of the back yards in this project will be facing the front yards on her street. She also noted the difference in elevations and expressed concern with the fencing proposed, as wrought iron will afford her street views of items that are commonly in back yards. She suggested that this wall of the development be solid, or that particular row of homes be deleted from the plan. Fred Crowe, representing the Keith Companies, indicated that they are the designers and planners of this project. He stressed the efforts to please the adjoining property owners, noting that he feels it will be a very nice project. He confirmed the elevation difference noted by Ms. Nabonne. He indicated that this row of homes is designed for view lots, noting that they will not have conventional back yards. He detailed the proposed configuration of these homes on the lots. He indicated that the Property Owners Association would be responsible for maintaining slopes and he would see no problem with placing a gate on the easement as requested. City Manager Molendyk requested clarification of this project versus the location of Lewis Homes. Mr. Crowe indicated that the pads mentioned must be Lewis Homes, as there are no pads graded for this project to date. Mayor Washburn closed the public hearing at 7:24 p.m. Councilwoman Cherveny clarified for Mr. Fruin that this development would have a homeowners association which carried more authority that CC & R's. Mr. Fruin expressed concern that the maintenance would be only as good as the enforcement. Mrs. Cherveny further clarified that authority of a homeowners association. After review of the project map, it was determined that the pads behind Mr. Fruin's home are part of the Lewis Homes project. City Manager Molendyk suggested that Mr. Fruin meet with City Planner Leslie for an update on the Lewis Homes project. Councilwoman Cherveny addressed page 5, item 17 of the specific plan regarding a commitment for additional fire and PAGE TEN - CITY COUNCIL MINUTES - MAY 25, 1993 police services. She requested that consideration be given to an assessment to address at least the first year's services. She suggested possibly $500 per unit. City Manager Molendyk requested clarification from the City Attorney with regard to the ability to assess such a fee in this case. City Attorney Harper explained that in contrast to a development agreement consideration, the City is not able to assess fees which have not been adopted by ordinance. He indicated that such a fee would need to be based on benefit and actual cost of services. He further indicated that if the developer is committed to the City-wide tax, then there is no problem imposing that. Mayor Washburn indicated that there was one additional gentleman requesting to speak and he yielded the floor to him. Chris Newell, resident of Spruce Street, addressed the proposed wall around this developer and suggested that the perimeter be stucco and 5 to 6 feet tall to eliminate views into the back yards. He stressed the need to look at the new Lake Elsinore and involve the residents in the progress. He indicated that he wants to be involved in the development of this area to maintain the quiet, pleasing atmosphere which now exists. He concurred with the concerns earlier expressed concerning the easement noting that there is a problem with teens congregating there. He agreed that a gate at Ohio Street would help. Councilwoman Cherveny questioned the easement. Mr. Crowe indicated that it was part of the Lewis Homes project. Mayor Washburn questioned the open space and handling of the landscaping plan. Mr. Crowe noted that his project is conditioned to obtain design approval for the entire fencing program and landscaping plan for this project. He stressed the applicant's sensitivity to the concerns of the neighboring property owners. He also indicated that when those plans come forward the adjacent property owners could be notified. Mayor Washburn commented on the grading and inquired how dust and land slippage would be mitigated. Mr. Crowe indicated that this would be continually monitored by the soils engineer. He further indicated that the project is conditioned to be landscaped immediately after grading. Councilman Alongi noted other existing problems with homes overlooking other properties and suggested that possibility of an ordinance to address this. Councilwoman Cherveny questioned the Council's ability to place a condition such as #46 requiring funding of a portion of a traffic signal. City Attorney Harper indicated that this was pursuant to an adopted fee. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE MITIGATED NEGATIVE DECLARATION 92-1, APPROVE SPECIFIC PLAN 92-1, APPROVE TENTATIVE TRACT MAP 27223 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS WITH THE NEIGHBORING RESIDENTS TO BE NOTIFIED OF DESIGN CONSIDERATION ON THE FENCING AND LANDSCAPING; AND ADOPT ORDINANCE NO. 954 . PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 25, 1993 Mayor Washburn thanked the Planning Commission, residents and applicant for their willingness to work together to address concerns and commended them for their cooperative efforts. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING. Councilman Winkler indicated that he had abstained due to potential conflict, in that the property is behind his home. He assured the residents that he would be aware of the problems occurring in the easement and keep the Sheriff's Department advised. FINDINGS - SPECIFIC PLAN 92-1 1. The Cape of Good Hope Specific Plan meets the city's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Development regulations provided in the City Zoning Code shall apply, unless specified in the Cape of Good Hope Specific Plan. Approval of the Specific Plan Shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, except in those areas where the Specific Plan expressly regulates a use. 3 . This request will comply with the California Environmental Quality Act (CEQA) . Mitigated Negative Declaration 92-1 has been prepared with the finding that this project will not have any adverse impacts on the environment or that any impacts will be adequately mitigated. FINDINGS - TENTATIVE TRACT MAP 27223 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and program specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473.5) 2 . The effects this project is likely to have upon the housing needs of the region and the needs against the public service of its residents and available fiscal and environmental resources have been considered and are balanced. 3 . The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412. 3) 4. Elsinore Valley Municipal Water District (EVMWD) has determined that the discharge of waste from the proposed subdivision into the existing sewer system PAGE TWELVE - CITY COUNCIL MINUTES - MAX 25, 1993 will not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. (Government Code Section 66474 . 6) PLANNING DIVISION CONDITIONS 1. The text of the January 1993 version of the Cape of Good Hope Specific Plan and the associated environmental document Mitigated Negative Declaration 92-1 shall be revised to incorporate any corrections and revisions and any typographical errors subsequent to their approval. A final Specific Plan and Neg. Dec. shall be submitted for review and approval by the Community Development Director or his designee within 30-days of approval by the City Council. No permit shall be issued until final administrative approval of the Specific Plan and Neg. Dec. by the Community Development Director or his designee. 2 . Developer shall comply with all mitigation measures established within the mitigation Monitoring Program for Mitigated Negative Declaration 92-1. 3 . An open space plan shall delineate areas to be within homeowners, association easements and other maintenance responsibilities and shall be approved by the Community Development Director and the Community Services Director. 4 . House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 5. A wall and fencing plan shall be developed which designates where the various fencing types are to be located, I.E. , decorative masonry, or a combination wrought iron and decorative masonry or wood. Said wall and fencing plan shall prohibit wood fencing unless provisions are made for a homeowners' association to ensure maintenance. The wall and fencing plan shall be reviewed and approved by the Community Development Director prior to final map approval. 6. Automatic Garage door openers shall be installed in all residential unites. In cases where garage doors are set back less than 20 feet (20') from the back of the sidewalk, roll-up doors shall be used and shall be subject to approval by the Community Development Director or his designee. 7 . For single-family detached housing, on-street parking shall be provided at a minimum of one (1) space per unit/lot. On-street parking can be aggregated within a neighborhood. PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 25, 1993 8 . All manufactured slopes greater than 30 feet in height shall be contour graded. All cut and fill grading shall be done under the supervision of a geotechnical engineer and all slopes steeper than 2 : 1 will require a slope stability report. Applicant to post appropriate bonds for certification of slopes (to cover damages attributed to slope failure) , which is to be reviewed by the City Attorney for legality and feasibility. 9 . The grade for local streets shall generally not exceed nine percent (9%) with the exception that grades up to a maximum of fifteen percent (15%) will be considered because of design constraints with the approval of the City Engineer. 10 . Slopes that are in excess of three-feet (31 ) in height shall be landscaped and irrigation shall be installed by the developer, and where feasible Xeriscape shall be utilized, and subject to review and approval by the City's Landscape Architect. 11. All open spaces and slopes outside the public right-of-way shall be owned and maintained by either the master home owners' association or private owners. All open space areas owned by the homeowners' association shall be offered for irrevocable dedication to the City if deemed necessary or appropriate by the City. Maintenance responsibilities shall be further defined per the provisions of Condition #3 above. 12 . Drainage structures required on large slopes shall be designed to avoid an angular layout or rigid geometric patterns. 13 . The developer shall establish a Homeowners Association and record associated CC & R's to manage and impost fees to maintain all slope or common areas, open space, private drainage facilities, firebreaks habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Director or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners association. CC & R's shall be approved prior to final map approval. 14. CC & R's shall also include verbiage prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) tone capacity. CC & R's shall also include screening any ground base satellite disk from street side or visible from line of sight from surrounding neighbors or adequate landscape screening provided, and no roof- PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 25, 1993 mounted or front yard satellite disk shall be allowed. 15. Tentative Tract Map 27223 is approved subject to the approval of Specific Plan 92-1. 16. Tentative Tract Map 27223 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 17 . The City°s Noise Ordinance must be met during all site preparation activity. Construction shall not commence before 7: 00 a.m. and cease at 5: 00 p.m. , Monday through Friday. The Mitigation Monitoring Program shall be modified to reflect said condition. 18. Street names within the subdivision shall be approved by the Planning Division. 19 . Comply with all conditions of the Riverside County Fire Department including: a) all access easements to open space for fire equipment must be approved prior to final map approval, and B) all required fire protection facilities that are to be provided must be submitted in writing to Riverside County Fire Department. 20 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 21. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to EVMWD. 22 . Meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 23 . Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street Lighting District pursuant to Resolution 88-27. 24 . Prior to final map approval of TTM 27223, applicant shall have entered into a school impact mitigation agreement with the Lake Elsinore Unified School District. 25 . Meet all requirements of Southern California Gas Company. 26. Meet all requirements of General Telephone. PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 25, 1993 27. All trailers and/or mobile homes used during construction, shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailbox plans shall also be subject to the review and approval of the Planning Division. 28. Prior to final map approval the developer shall submit for Community Development Director review an approval a design manual separate and in addition to the design criteria included within the Specific Plan. The design manual shall identify for each architectural theme (established by the Specific Plan) the following specifications: Building materials, textures and colors; roof materials, style, pitch and color, type and style of architectural enhancements; accent materials, textures and colors; building massing and scale; and distinguishing unique features. 29. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department. 30. Pay all applicable City fees in force at the time, (including park in lieu fees) , prior to the issuance of Building permits. ENGINEERING DEPARTMENT CONDITIONS 31. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 32 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to approval of final map (Lake Elsinore Municipal Code 16. 34) . 33 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 34 . Public works improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department Standards and City Codes (Lake Elsinore Municipal Code 12. 08 and 16 . 34) . 35 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . 36 . Pay all Capital Improvement and Plan Check fees PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 25, 1993 (Municipal Code, Title 169 Chapter 16. 34; Resolution 85-26) . 37 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/211 x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 38. Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 39 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 40. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 42 . Applicant shall enter into a subdivision agreement with the City for all off-site improvements and bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. 43 . Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 44 . Submit Hydrology and Hydraulic Study for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage, subject to City Engineer approval. 45 . All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 46 . Developer shall contribute $22 ,500. 00 towards the design and construction of a traffic signal at Mountain Street and Robb Road. This development will increase traffic at that intersection at least 15% and should contribute 15% towards construction. 47. Mountain Street shall be fully improved to its ultimate width between Robb Road and the tract boundary prior to the first Certificate of Occupancy. PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 25, 1993 48 . Spruce Street shall be fully improved to its ultimate width between Lot 63 and Date Street prior to any Certificate of Occupancy for lots 63 through 67 . 49 . If grading exceeds 50 cubic yards, grading plans shall be prepared by Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and past appropriate security. 50. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) with a storm water pollution prevention plan prior to issuance of grading permits. 51. The applicant shall provide for permanent secondary access from the easterly boundary of the tract that will connect to Terra Cotta across APN 389-190-002 . The connection to Terra Cotta will take place when APN 389-190-002 is developed, in the interim, emergency secondary access shall be provided to Cherry Blossom Lane, the connection shall be turf block with appropriate landscaper this secondary access shall only be used for emergencies and it shall have a locked gate to be approved by the Riverside County Fire Department and the City Engineer. This secondary access shall be permanently closed by means of a cul-de-sac when the access to Terra Cotta is constructed. 52 . Storm runoff from the easterly boundary of the site must drain to a drainage easement through APN 389- 190-002 to a natural water course. If it becomes necessary to add a storm drain pipe down Cherry Blossom Lane, the street will be re-paved curb-to- curb where the pipe is placed in the street. 53 . All graded pads shall be hydroseeded and have an irrigation system installed on them (for aesthetic purposes and erosion control) if building permits have not been pulled within 90 days of the completion of grading or when determined necessary by the Community Development Director. A bond shall be posted prior to the issuance of grading permits for all 67 lots to insure that this is carried out. 54 . Construction equipment shall not use Cherry Blossom Lane and will use Mountain Street for access to the site. Construction equipment will only be on Cherry Blossom Lane to build the storm drainage system. ORDINANCE NO. 954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE PAGE EIGHTEEN — CITY COUNCIL MINUTES — MAY 25e 1993 ELSINORE, CALIFORNIA, ADOPTING THE CAPE OF GOOD HOPE (FRIENDLY GROUP VII/K. S. CHEN) SPECIFIC PLAN 92-1. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 24. Joint Public Hearing East Lake Specific Plan 93-3 . Environmental Impact Report 93-3 , Development Agreement and Disposition & Development Agreement - Resolution No. 93-28 & 92-29 & Ordinance No. 955 & 956. (F: 150. 2) (X:68. 1) (X: 134.7) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS HEARING TO THE REDEVELOPMENT AGENCY MEETING AND CONCUR WITH THE REDEVELOPMENT AGENCY'S ACTION. BUSYNESS ITEMS 31. Commercial Project No. 92-1 - Lake Elsinore Plaza - Located at the Intersection of Collier and Central Avenue. (F:58 . 2) City Manager Molendyk introduced this project. City Planner Leslie highlighted the site map and elevation displays and detailed the location of this project. He noted that the separate free standing buildings were not part of this consideration. Councilwoman Cherveny commented that she is less than pleased with the progress of this project, noting their anxiousness to proceed one year ago. She noted that she was willing to support the project but doesn't anticipate it will occur quickly. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION NO. 93- 5 AND APPROVE COMMERCIAL PROJECT NO. 92-1 BASED ON EXHIBIT I AND THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Washburn noted that he had abstained on this item due to clients in the vicinity. FINDINGS 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the Mitigated Negative Declaration, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2 . The project, as approved complies with the Goals, Objectives and Policies of the General Plan and the Zoning District in which it is located. PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 25, 1993 3 . This project complies with the design directives contained in Chapter 17.82 . 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17 .82 .070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 and the planning district in which the site is located. PLANNING DIVISION CONDITIONS 1. Design Review approval for Commercial Project No. 92-1 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manger prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page one of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside county Health Department requirements. 8. Project must meet all requirements of Cal--Trans. 9. No outdoor storage shall be allowed for any tenant. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of building permit. PAGE TWENTY - CITY COUNCIL MINUTES - MAY 25, 1993 11. No roof ladders shall be permitted. 12 . Applicant shall use roofing materials with Class "A" fire rating. 13 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permits. 14 . All exterior downspouts shall be constructed within the interior of the building. 15 . Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Manager or designee, prior to the issuance of building permit. 16. The final landscaping. irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A landscape Plan Check Fee will be charged prior to final landscape approval based on the consultant's fee plus forty percent (40%) . a) All planting ares shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (301 ) apart and at least twenty- four-inch (2411) box. On areas where screening, is necessary trees shall be at least thirty six-inch (3611) box size. C) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15 ) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MAY 25, 1993 g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120a Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j ) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 17. All undeveloped building pads along Collier and Central Avenue shall be hydroseeded, irrigated and maintained by the developer until such time they are ready to be developed. 18 . If the theater building is to be forty five (451 ) in height, the applicant shall seek Conditional Use Permit approval. 19 . All exposed slopes in excess of three feet (31) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division, 20. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. All lighting shall be low pressure sodium lighting. 21. Applicant shall annex project into the City's Landscape and Lighting District. 22 . The applicant shall develop a Uniform Sign Program for the center which specifies harmonious and consistent colors, materials and specification 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 freestanding signs shall be PAGE TWENTY-TWO - CITY COUNCIL MINUTES - MAY 25, 1993 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. 23 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District t) EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 24 . All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12' x 20' (twelve-foot by twenty-foot) loading space as required by the City Municipal Code. 25 . Trailers utilized during construction shall be approved by the Planning Division. 26. On-site surface drainage shall not cross sidewalks. 27. Parking stalls shall be double-striped with four- inch (411) lines two-feet (21) apart. 28. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 29 . A six foot (611) high masonry block wall shall be constructed along the side adjacent to the cemetery and shall conform to Section 17.37. 070 (Fences and Walls) , subject to the approval of the Community Development Manager, prior to issuance of building permit. 30. An eight foot (81 ) high decorative masonry block wall (to match the building design) shall be constructed along the side adjacent to the Freeway and shall conform to Section 17. 37 . 070 (Fences and Walls) , subject to the approval of the Community Development Manager, prior to issuance of building permit. 31. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 32 . This project shall be subject to the mitigation measures of Mitigated Negative Declaration No. 93-5 . ENGINEERING DEPARTMENT CONDITIONS 33 . Meet all Conditions of Approval for the Tentative Parcel Map No. 24571. PAGE TWENTY-THREE - CITY COUNCIL MINUTES - MAY 25, 1993 32 . Extension of Time for Tentative Parcel Map No. 24481, Sevastian Venegas & Marla Juana Venegas. (F:110.2) City Manager Molendyk explained this item and detailed the location. He read the following letter from Alan Manee, Manee Consulting Services: Honorable Mayor and City Council: On behalf of the project applicants, we accept the conditions of approval and make one request to this action. The applicant requests that this time extension be granted for a 24-month period due primarily to a very uncertain residential housing market. As you know, this is a "fill-in" project and all lots are oversize. We feel that it will be one of the first small subdivisions sold. Our concern is the most uncertain housing market for the Southern California area which prompts this request. We feel that the additional time would be a prudent consideration under these circumstances. Thank you for your consideration in this matter and understanding. Alan Constantino Manee, Principal Alan Manee, 409 Oak Lawn Avenue, South Pasadena, explained this request further and stressed the difficulty in the current housing market. He indicated that the project is ready to go but at present confidence with the economy is shaken. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO GRANT A 24 MONTH EXTENSION OF TIME FOR PARCEL MAP 24481, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING REVISED AND ADDITIONAL CONDITIONS OF APPROVAL. FINDINGS 1. Substantial progress toward the development of this Tract Map has taken place. 2 . The project as redesigned and reconditioned is consistent with the Goals, Policies, and Objectives of the General Plan and the Zoning District in which it is located (R-1) . CONDITIONS 1. Tentative Tract Map No. 24881 (Exhibit "B") will expire January 8, 1994 unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with Title 16 (Subdivisions) of the Municipal Code. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. The Tentative Tract Map shall comply with the PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - MAY 25, 1993 Conditions of Approval imposed by the County of Riverside Board of Supervisors on January 1, 1991. ENGINEERING DEPARTMENT CONDITIONS 4 . All improvement plans and tracts shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with the City's ARC info/GIS ' or developer to pay $1, 000. per sheet for City digitizing. 5. Annex to the City Landscaping and Street Lighting District. 6. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 7 . Developer shall be subject to all Master Planned Drainage Fees and will receive credit for all master planned drainage facilities constructed. 8 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. owner 9 . The shall provide the City proof of his having filed a Notice of Intent with the Regional Water quality Control Board for the National Pollutants Discharge Elimination System (NPDES) with a storm water pollution prevention plan prior to issuance of grading permits. 10. The connection of "A" Street (as proposed on Exhibit "B" with Terra Cotta shall match the future alignment of Terra Cotta. 33 . Extension of Time for Tentative Tract Map No. 25098 - Grunder Tract located east of the I-15 Freeway and Adjacent to the Closed Elsinore Landfill. (F: 160. 2) City Manager Molendyk indicated that this request is the same as at the last meeting, however, it was sent back for further staff review of the pending frontage road. City Planner Leslie indicated he had discussed this issue with the applicant and noted that verbiage had been included for a condition, however, the applicant was not in agreement with it. Mayor Washburn noted a proposed condition supplied by the applicant. Mayor Pro Tem Dominguez indicated that the applicant's proposed condition would address his concerns. City Planner Leslie indicated that he would concur with the condition. Councilman Alongi requested the City ,Attorney's input on the verbiage presented. City Attorney Harper indicated that the PAGE TWENTY-FIVE - CITY COUNCIL MINUTES a MAY 25, 1993 way it was drafted was no problem, and noted that when the District formation begins, additional discussions will most likely occur anyway. He indicated that the condition would be a good compromise. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 25098 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL INCLUDING CONDITION NO. 67 AS PRESENTED BY THE APPLICANT. Councilman Alongi questioned what this additional condition would accomplish if it did not address it adequately. City Attorney Harper clarified that to the extent that there is benefit to this project, it commits the applicant to communication on the district. He indicated that this was as good a condition as could be drafted at this point in the process while accomplishing what staff and the applicant want. He noted that he had spoken with Mr. Buxton regarding the proposed district and there is some question as to the existence of any benefit to this project; and in fact to date it has not been included in the proposed district. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS 1. Substantial progress toward the development of this Tract Map has taken place. 2 . The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. PLANNING DIVISION CONDITIONS 1. Tentative Tract Map will expire two (2) years from the date of approval unless an extension of time is granted by the City of Lake elsinore City Council in accordance with the Subdivision Map Act. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 and Title 17 unless modified by these Conditions of Approval. The final map shall include a lot tabulation of all proposed lots. The tabulation shall include net square footage of all lots and minimum and average lot sizes. 3 . Signage for this subdivision shall require City permits. 4. The City's Noise Ordinance must be met during all site preparation activity. 5. Street names within the subdivision shall be approved by the Planning Division. 6. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. A biological study of site PAGE TWENTY-SIX - CITY COUNCIL MINUTES - MAY 25, 1993 vegetation and the presence of SKR must be submitted prior to issuance of grading permits. If SKR are present, full compliance with Federal Interim or permanent Habitat Conservation Programs for the endangered species are required prior to issuance of grading permits. 7. Pay all applicable fees in force at time of issuance of building permits. 8 . Class II bicycle lane to be provided along Gruneto Hills Drive. 9 . Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 10 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . a. This property is in the 1800/1601 pressure zone with maximum serviceable pad elevation of 1680/1481. b. Pay water/sewer connection fee per Resolution No. 971.5 prior to Certificate of occupancy issuance. C. Presently water/sewer is unavailable to serve this area. d. Submit hydraulic analysis to determine off-site sewer line sizing and on-site sewer facilities sizing to meet E.V.M.W.D. Standards. e. Submit hydraulic analysis to size on-site and/or off-site water lines to meet Riverside County Fire Department requirements using fire flow plus maximum day demand. f. Design and construct: water and/or sewer line along entire project frontage and surrounding areas, to E.V.M.W.D. Standards and Specifications. g. Prepare a focused water and sewer Master Plan for this project. h. Any off-site street improvement extensions require water and. or sewer line extensions within the new street. i. Design and construct water reservoir, booster pump station and transmission mains sized to meet a regional need for operational, fire, and emergency water requirements. Design shall be subterranean or screened from view. j . Design and construct sewage lift station sized to meet a regional need for additional area tributary to the station (if required by design analysis) . Design shall be subterranean or screened from view. PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - MAY 25, 1993 k. Upgrade existing sewage lift station (s) to meet the project's additional demand on existing facilities. (if required by design analysis) . 1. All facilities must be designed and constructed at owners/developers expense and to the current District's standards and Specifications and Master Plan. M. The Elsinore Valley Municipal Water District anticipates providing sanitary sewer service for the above referenced property basad upon the completion of the 1 m.g.d. expansion of the Regional Wastewater Reclamation Plant. It is estimated that an additional 1 m.g.d. sewage treatment capacity will be available by July 1990. E.V.M.W.D. has also programmed additional expansion of the treatment plant by currently preparing an E.I.R. for the next phase of construction. By this condition of service the District expresses no warranties as to the availability of sewer service for the above referenced property at such time as applications for sewer service to the property are accepted or approved. 11. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the E.V.M.W.D. 12 . The Developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 13 . Meet all requirements of Southern California Edison Company. 14. Meet all requirements of Southern California Gas Company. 15 . Meet all requirements of General Telephone. 16 . All trailers used during construction, project mailboxes and project signage shall be subject to Planning Division review and approval prior to installation. 17 . Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 18 . Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening of any ground base disk and PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - MAY 25, 1993 no roof-mounted or front yard disk shall be allowed. CC & R's shall disclose sites proximity to landfill. CC & R's shall be subject to the approval of the Community Development Director or his designee and the City Attorney prior to recordation of any deeds or final map. CC & R's shall be recorded with the final map. 19 . House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. a) Residential plotting plans shall indicate lots requiring vapor barriers for building foundations. b) Foundation plans submitted for building permits must include a vapor barrier detail and affected lots noted on foundation plans. 20. A six foot (61 ) decorative masonry wall shall be constructed along the project perimeter and rear lots of Gruneto Hills Drive. Precise design, materials, color and location to be determined through the Minor Design Review process. A combination block/wrought iron fence may be used where views are to be preserved, subject to the approval of the Community Development Director or his designee. 21. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval. , and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 22 . Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 23 . All project mitigation measures specified in adopted Negative Declaration 90-13 and in compliance with the Mitigation Monitoring Program for this project shall be incorporated into project design and development: a) Construction on Lots 77-80, 135-141, 144-146, 153- 158, 186-189, 199-202 and 230-233 shall require a methane vapor resistant barrier to be installed in each individual building foundation, the design of which shall be approved by the Riverside County Waste Management Division and/or the Riverside County Environmental Health Department. The developer shall be responsible for submitting to the Planning Department vapor barrier plans designed by a registered engineer with solid waste management experience. All building foundation PAGE TWENTY-NINE - CITY COUNCIL MINUTES - MAY 25, 1993 plans submitted for the above referenced lots shall include details of the vapor barrier. The Building/Safety Department shall be required to inspect and report to the Planning Department on the vapor barriers for each individual building foundation before further site construction can take place. ENGINEERING DEPARTMENT CONDITIONS 24 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 25 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16 . 52 . . 030) . Document can be obtained from the Engineering Department. 26. Pay all capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16 . 34, Resolution 85- 26) . 27. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 28 . Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final mapapproval. 29 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12 , Chapter 12. 08, Resolution 83-76) . 30. Street improvement plans and specifications shall be prepared by a registered Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12. 04 and 16.34) . 31. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 32 . Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) shall be the responsibility of the property owner or his agent. 33 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 34. Provide street lighting and show lighting improvements on street improvements plans as required by the City Engineer. 35. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion PAGE THIRTY - CITY COUNCIL MINUTE3S - MAY 25t 1993 downstream caused by development of site and diversion of drainage. 36 . All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 37. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protection. 38. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 39 . Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 40. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Lots 64 through 66, Lots 69 through 73 and Lot 76 shall drain to a common easement or accepted by letter of drainage acceptance. 41. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certification of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000 per sheet for future digitizing, excluding the title sheet. 42 . No residential lot shall front or have access to "A1l Street. 43 . Developer shall provide a traffic study prepared by a Traffic Engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps, and loading of lots on "D" Street prior to final map approval and contribute a pro-rats share for the design and construction of these traffic signals subject to the approval of the City Engineer. 44. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 45. Developer shall install blue reflective pavement markers in the street at all Fire hydrant locations. 46. Map shall provide for all local streets to have sixty foot (601 ) right-of-way with forty foot (401 ) curb-to- curb. Restricted local streets (cul-de-sacs shall have fifty foot (50° ) of right-of-way with thirty-six foot (361) curb-to-curb with a three foot (31 ) utility easement on each side. 47 . Map shall provide "A" Street with an eighty-eight foot PAGE THIRTY-ONE - CITY COUNCIL MINUTES - MAY 25, 1993 (881 ) right-of-way and sixty-four foot (641 ) curb-to- curb. 46 . Southern California Edison easement across "A" Street shall be extinguished prior to final map approval. 49 . Prior to the final map approval secondary access must be provided subject to the approval of the City Engineer and as recommended by the Riverside County Fire Department. If the secondary access road is on or near the landfill site, an agreement must be executed between the City, Developer, and Riverside County Solid Waste Management addressing alignment, width, type of road surface and maintenance responsibility including a maintenance schedule and bonding. 50. DELETED. 51. If right-of-way or easements are abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 52 . Off-site drainage must be contained in brow ditches at the tope of manufactured slopes at the tract boundary. 53 . Drainage facilities off-site shall be secured in a drainage easement prior to final map approval. 54 . Desirable grade for local streets is nine percent (9%) The maximum grade of fifteen percent (15%) should only be used because of design constraints. 55 . All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 56 . Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 57 . Applicant shall connect "A" Street with Franklin Street off-site as shown on plans prepared by Theilman Engineers. Some lots along "A" Street may be eliminated to provide for the connection. All off-site right-of-way for the Franklin Street connection must be secured prior to final map approval. 58. Remainder parcel shall be shown as lettered lots and dedicated to the City on the final map. 59 . Secondary access shall be relocated to an alignment at the toe of the landfill returning to interior Street 110" in the vicinity of Lot 200, and be constructed in a manner which does not conflict with final closure or gas extraction plans for the landfill, all as approved by both the City Engineer and the Riverside County Director of Waste Management. 60. Lot 135 to be utilized as an entry statement. Design shall be reviewed and approved by the Planning commission. PAGE THIRTY-TWO - CITY COUNCIL MINUTES - MAY 25, 1993 61. The applicant shall conduct a study on the unexploded rounds at the old target range site, and submit said study to the Planning Division concurrently with project rough grading plans submitted for grading permits. If necessary, remedial action of any unexploded rounds shall be required prior to issuance of grading permits. 62 . Landscaping for slopes along "All Street, particularly Lots 1 through 6, 42 and 43, 168 through 174, 148 and 149 and 135 through 140, Lots 78 through 81 and Lots 20 through 24, shall have uniform setbacks, so that the landscaping looks contiguous along that street, and shall be reviewed and approved by the Planning Commission. Maintenance for said slopes shall be through a Homeowners Association or mutual maintenance Agreement, approved by the Community Development Director and City Attorney. 63 . Dedicated area shall be identified on the final tract map as landfill buffer. Further, developer shall prepare and record a notice that those lots abutting the dedicated area are adjacent to a landfill buffer and a landfill. 64 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 65. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant System permit with the storm water pollutant prevention plan prior to issuance of a grading permit. 66. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planner Drainage facilities constructed. 67 . The applicant shall agree to participate in a future Camino del Norte Improvement District if one is formed, and it can be shown that this Tract is a significant beneficiary of improvements resulting from said District. The level of benefit to all affected property owners impacted by this District will be ascertained after appropriate analysis is made and the findings deliberated before the City Council. This agreement in principle by the property owner of record of this Tract, or their successors, shall be valid until such time that a determination is made on the formation of said Improvement District; or thirty-six (36) months; or upon the application for building permits; whichever comes first. 34 . Lake Transfer/Boating Regulations - Ordinance No. 957. (F: 92 . 1) City Manager Molendyk explained this item and its relationship to the pending transfer of the Lake. He clarified that this is adoption of the existing State regulations, and noted that there is flexibility for change later if Council so desires. City Attorney Harper noted that the existing orders would need PAGE THIRTY-THREE - CITY COUNCIL MINUTES - MAY 25, 1993 to be incorporated into the ordinance format. Peter Dawson, 18010 Grand Avenue, addressed the efforts of the Southshore Homeowners to continue discussions with the City. He addressed the regulations to be adopted by the City and indicated his concern was on pages 3 and 4 regarding launch rights. He suggested that Section C.4. on page 12 of this report be clarified or deleted. He indicated that it would not be a problem if the lake is maintained at a reasonable high level, but questioned this regulation if it was not. Councilwoman Cherveny indicated that she had met with the Southern California Joint Powers Insurance Authority representatives last week and noted that their biggest concern was the existence of a speed limit. She suggested that it might be appropriate to set a speed limit in the "high speed zone" as well. Manager of Special Projects Watenpaugh concurred that this was a concern of the JPIA representatives and they would prefer that all areas be regulated. Councilwoman Cherveny noted that the speed limit could be waived for special events such as boat races, but a day-to-day regulation should exist. City Manager Molendyk noted that the representatives would be meeting with State officials next. Mayor Washburn stressed the importance of adopting these regulations to insure they are in place for the transfer. Mayor Washburn noted that he had received comments regarding the ability to allow hovercraft, hours of operation, etc. He indicated that the Lake Advisory Committee would be discussing these issues and providing input and stressed the potential for change of this document on a continuing basis. He also noted the attractiveness of the ability to speed on the lake and expressed concern with limiting that. Councilwoman Cherveny clarified that the speed limit had been a request of the insurance representatives. City Attorney Harper explained that the regulations would be the same, however the document would be amended to include numbering for the executive orders. Councilwoman Cherveny questioned the ability to change the document later. City Attorney Harper clarified. Mayor Washburn reiterated the need to have something in place before the transfer occurs. City Attorney Harper recommended adoption of the materials as written and if necessary it can be amended. Councilman Winkler commented that he would assume this document will come back many times; noting that speed limit, hovercraft, etc. are issues which can be pursued further. Councilman Alongi noted that he has concerns with fencing which can be addressed later as well. PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - MAY 25, 1993 MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 957: ORDINANCE NO. 957 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9 . 96 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO BOATING REGULATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILME14BERS: NONE 35. Oktoberfest 1993 Invitation for Co-Sponsorship. (F: 108.4) City Manager Molendyk explained this item and noted that the Chamber had offered to share the 6% proceeds they would be receiving with the City. Councilman Winkler questioned the cost of advertising to be shared. City Manager Molendyk indicated that it would most likely be the cost of staff time. Community Services Director Sapp explained that there was discussion of the City helping to promote the event. He emphasized the Chamber's willingness to share their 6% proceeds from the event. He suggested that $1, 000 might be the cap for the amount to be spent on the event promotions. Councilwoman Cherveny noted that this is an "alcohol-driven" event, and expressed concern with the location, traffic problems and disturbances to residents in the area. She stressed the point that this activity would be occurring for four weekends in a row. Mayor Washburn questioned the site choice. Community Services Director Sapp indicated that the site choice had been considered by O'Conner Foods, and this was their first choice and the primary site considered. He indicated that he was not aware of interest in any other sites. Mayor Washburn indicated that he thought this event was a good idea it properly mitigated. Councilwoman Cherveny questioned the possibility of using the airport location. Mayor Washburn indicated that it might not be proper timing with the existing water problems at the airport. Councilwoman Cherveny inquired whether the Chamber would be responsible for all permits including A.B. C. license. Tom Hundshamer, President, Chamber of Commerce indicated that the promoter had looked at another site outside City limits, near Highway 74 and the freeway however it had similar problems to the Rodeo site. PAGE THIRTY-FIVE - CITY COUNCIL MINUTES - MAY 25, 1993 Mayor Washburn inquired whether the participants would be open to other locations. Mr. Hundshamer indicated they would if there was adequate power and water on site and room for the tent. He noted that the Rodeo grounds have water and power and are freeway close. Mayor Washburn suggested that staff work with the Chamber to consider other sites. Mr. Hundshamer stressed the requirements placed on the alcohol licensee with regard to keeping alcohol on site only. Councilman Alongi noted that the Rodeo grounds are in his neighborhood and indicated that he could support the activity, but not at this location. He stressed that this location is in a residential area. He noted the reference to "bouncer" type security guards and indicated that this would suggest the potential for problems. He questioned the ability to mitigate and control the concerns and their impact on the neighborhood. Mayor Pro Tem Dominguez indicated that he would have no problem with the location, but would want to see a cap placed on the cost of advertising. Councilman Winkler indicated that he does not share the same concerns with regard to the location. He stressed the other continuing events at this location such as the Rodeo which also includes alcohol. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE STAFF RECOMMENDATIONS AND ACCEPT THE CHAMBER INVITATION AS A COSPONSOR AND SHARE IN SOME OF THE ADVERTISING COSTS NOT TO EXCEED $1,000. Councilman Alongi stressed that Councilman Winkler does not live in this area and the rodeo doesn't go until 1 a.m. , as this event does. He indicated that the Chamber might control the traffic effectively, but not at night when the event is over. He stressed the impact of this event on the neighborhood. Mayor Pro Tem Dominguez stressed the City's efforts to promote events for tourism, and the need to evaluate each event individually. Mayor Washburn questioned the motion and whether it was for of my the one location. He suggested pursuit an alternate location near highway 74 and Central as there would not be the same problems. Councilman Winkler indicated that the motion allowed room for change of the site. THE FOREGOING MOTION WAS AMENDED WITH CONCURRENCE OF THE SECOND TO LOOK AT ALTERNATIVE SITES FOR THE EVENT. Mr. Hundshamer inquired whether the City would assist him in finding other locations. City Manager Molendyk indicated that the City would want to assist to make the event successful. He noted the Autumnfest started at the airport last year and suggested that this might PAGE THIRTY-SIC o CITY COUNCIL MINUTES - MAY 25, 1993 be an opportunity to expand the event. He indicated that staff would work with Mr. Hundshamer and return to Council if additional site consideration is needed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Mr. Hundshamer noted O'Connor Foods willingness and efforts to work with local vendors where possible. Mayor Washburn indicated that he felt this would be a good promotion for the Community. 36. Launch Ramp Acceptance and Consideration of Expanding Parking. (F: 92 . 1) City Manager Molendyk detailed the facilities installed and the success of the facility to date. He noted that based on the volume of use, additional parking is now needed. He indicated that this has been addressed with the property owner and he would agree to additional grading and striping of his property. He noted that this was anticipated to cost and additional $8, 000. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ACCEPT THE COMPLETION OF THE BOAT LAUNCH FACILITY AND AUTHORIZE STAFF TO PROCEED WITH THE ADDITIONAL DUST CONTROL FOR THE BALANCE OF THE BOAT TRAILER PARKING LOT, NOT TO EXCEED $8, 000. Mayor Washburn inquired whether handicapped parking had been provided to boaters. Manager of Special Projects Watenpaugh indicated that signs have been ordered for the lot across the street, but potential additional spaces could be provided on site. Councilman Alongi suggested that it might be necessary to exclude single cars from the lot. Mr. Watenpaugh indicated that the spaces along Lakeshore are intended for single cars, but it may be necessary to specifically sign those spaces. Councilman Alongi questioned the recommendation and the ability to combine City Council and Redevelopment Agency actions. He suggested that the Redevelopment Agency consideration be deferred to that time in the meeting. City Attorney Harper indicated that this consideration would be adequate subject to Redevelopment Agency concurrence. Councilwoman Cherveny indicated that she had a problem with the project based on her understanding of the Operating Agreement for the ramp, as well as the construction of the launch ramp without going before Council. She indicated by her reading of the agreement, the City would never own the ramp, or generate any fees. She questioned the arrangement for ownership and operation by the State. City Attorney Harper clarified that the facility will be transferred back to the State. He noted the existing concession agreement and clarified that this ramp could remain in operation until the LERA Inc. facility begins operation again. Councilwoman Cherveny inquired whether $114 , 000 had been spent for a "temporary" launch ramp. PAGE THIRTY-SEVEN - CITY COUNCIL MINUTES - MAY 25f 1993 City Attorney Harper explained the conditions under which this facility could continue to operate, as well as being moved to other locations. He clarified that the staff report states that there will be up to $200, 000 in revenues transferred to the City with the lake, from this facility. City Manager Molendyk noted a study showing that the concessionaire could not handle enough capacity, and the original general plan for the lake included an additional ramp at approximately this location. City Attorney Harper further clarified that even if the lake had never transferred, the concessionaire agreement only prohibits additional "concessionaires" , not facilities. Councilman Alongi questioned the impact of this discussion on the portion of the transfer agreement which states that the City will assume the concession agreement. City Attorney Harper concurred that the City will assume the concession agreement, however that may not preclude continued operation at this location. City Manager Molendyk further clarified that it could not open with another concessionaire, but the City could operate the additional facility. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI ABSTAINING. 37 . Rate Increase for Refuse Collection Recycling and Disposal. (F:163 . 1) City Manager Molendyk noted that this would be a pass-thru of the increase in tipping fees. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO CONFIRM THE APPLICATION OF NEW RATES FOR REFUSE PICK-UP, RECYCLING AND DISPOSAL EFFECTIVE JULY 1, 1993 . Councilwoman Cherveny inquired what the amount of fees being generated for the City. David Fahrion, representing CR & R, indicated that to date only the first quarters fees have been paid at a rate of approximately $35, 000. Councilwoman Cherveny questioned the status of the Material Recycling Facility. Mr. Fahrion indicated that additional information had been requested and it should return for further review soon. Councilwoman Cherveny inquired why the project had been denied in Perris. Mr. Fahrion indicated that they did not have five councilmembers present at the first vote, but it will be returning on June 1st for another vote. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 38 . Discussion of Planning Commission Appointments. (F: 60.2) Councilman Alongi indicated that this item was not properly worded, however, his intent was to suggest that this process be altered to allow each elected official appoint a member to the Planning Commission. He stressed the importance of the Council being equally represented on the Planning Commission, particularly since the Mayor is not directly elected and only PAGE THIRTY-EIGHT - CITY COUNCIL MINUTES - MAY 25, 1993 holds the ceremonious title. He suggested that this would give more flavor to the Planning Commission. Mayor Washburn noted that this would suggest a change in the existing ordinance. Mayor Pro Tem Dominguez commented that this was informational only. Councilman Alongi indicated that he was looking for Council's approval. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM INDEFINITELY. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Jackson Helton, 33102 Lime Street, indicated that he had sent a letter to Council on approximately March 20th, with no response. He indicated that he was interested in the rezoning of the Franklin Street area, particularly in the 500 block. He explained that he plans to build a mixed use building at that location. He requested that his zoning be granted. Mayor Washburn referred Mr. Belton to City Planner Leslie for assistance. Edith Stafford, 54 Elm Street, read part of a letter from Penny Baker, addressing the construction of the Boat Launch Ramp and indicating that the State could have built this facility. She _ suggested that the Mayor had been involved in the selection of the contractors for this project and the reason this project had not been included in the capital improvement project list prior to its construction. Chris Hyland, 15191 Wavecrest, addressed Sandy Everett's recent comments and suggested that Councilwoman Cherveny had a right to sue the balance of the Council. She questioned the existence of witnesses as stated by City Treasurer Pape. She indicated that she believes many of the comments in relationship to political signs have been slanderous against Mrs. Cherveny. She assumed that signs had also been sent to the Mayor for outdated Estes signs and questioned whether he holds a current business license. Kevin Jeffries, commented on the State budget discussions and encouraged residents and Council to communicate with other elected officials. He stressed the current effort to take all property taxes away from local governments and suggested that Council take a position on this legislative action and write to appropriate legislators. Mayor Washburn addressed Senior Citizens who have written to him recently and indicated that the Senior trips have not been cancelled, however the number of trips has been reduced. He indicated that plans are underway for trips in August and December of this year. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on the following: PAGE THIRTY-NINE - CITY COUNCIL MINUTES - MAY 25, 1993 1) Senior Citizen trips are continuing and the program has in fact not been cancelled. 2) Encouraged attendance and participation in the Frontier Days Rodeo. 3) Questioned the status of the Little League programs, noting a memo indicating the Wooden Bat League would be using the baseball field form June 6 thru August 1. She expressed concern with limiting use by County children, but allowing outside leagues to use the fields. 4) Addressed a memo from Edwards Cinemas, questioned efforts to proceed and whether staff was working with them. City Manager Molendyk advised that staff is still working with them. 5) Questioned the status of the RDA loan to R.E.W.S. , suggesting that an arrangement be made for payment. She expressed concern that nothing is occurring currently and a precedence is being set. 6) Detailed the signs removed by Code Enforcement and City Staff. 7) Encouraged City Attorney Harper to draft an ordinance for consideration to make provisions for new homes to assist with public safety in the future. She suggested that even the first year of development would help. Councilman Winkler commented on the following: 1) Addressed comments of Kevin Jeffries regarding the State budget and its impact locally. He agreed with the concerns and felt Council should adopt a Resolution stating the City's position, to help protect services to residents. 2) Development occurring in the Centex tract and surrounding area. He thanked staff for working toward this quality of development . 3) Expressed concern with wooden fencing and noted specific areas of concern on Railroad Canyon Road as well as Summerhill Drive. 4) Comments at this meeting regarding use of ball fields, indicating they were inaccurate. Councilman Alongi commented on the following: 1) Concern with privacy of homes discussed regarding the Cape of Good Hope project and explained the limitations with regard to what the Council can do to resolve. 2) Expressed concern with the "not in my, back yard' attitude. He stressed the need to assure that; act.i,trities are appropriate to the area proposed. 3) Appointments to the Planning Commission. Stressed the potential for change of direction and stressed the importance of the Council and Planning Commission being comprised of different ideas and approaches. PAGE FORTY - CITY COUNCIL MINUTES - MAY 25f 1993 4) Segregating of little league children. Stressed past efforts to provide parks in each development and concerns with a development in Wildomar being build with no parks. 5) The Sun Tribune expressed concern with the items chosen to report on and suggested more appropriate topics which could have been addressed. He indicated the level of disservice to the Community. Mayor Pro Tem Dominguez commented on the following: 1) Thanked Council for its recognition of Pacific Clay and stressed the contributions of this business to the Community. 2) Expressed concern with the three recent drownings in the Lake and encouraged everyone to be more careful, particularly with children near the lake. Mayor Washburn commented on the following: 1) Concurred that caution must be used to avoid dangers on the Lake. 2) Addressed the concerns raised by Mr. Jeffries on the State budget and indicated that the League and Assemblyman Haynes are addressing concerns with the proposals. He stressed the impact of funds being shifted away from the cities. He suggested consideration of a resolution at the next Council meeting. 3) Mr. Newell's comments regarding the new Lake Elsinore and changes for the improvement of the community in spite of malcontents. He stressed the emergence of a new community and atmosphere, and the efforts to move forward. CLOSED SESSION None. ADJOURNMENT The Regular City Council Meeting was adjourned at 9 :35 p.m. GARY WAS BURN, MAYOR CITY O LAKE ELSINORE AT ST: V CK� KAS dam, CITY C ERK CITY OF LAKE ELSINORE MINUTES SPECIAL JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JUNE 31 1993 CALL TO ORDER The Joint Study Session was called to order at 3 : 04 p.m. by Mayor Washburn. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, .CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Administrative Services Director Boone, City Treasurer Pape and City Clerk Kasad. BUSINESS ITEMS City Manager Molendyk indicated that the first item on the agenda was the lake and then an overview of the budget. He recommended that an overview of the budget be provided today and then return for an additional workshop to answer any questions after the Council has had an opportunity to study the budget. 1. Lake/Administration. (F: 92 . 1) City Manager Molendyk noted that the lake is full and a great summer was anticipated, however now there is concern with the major algae bloom. He indicated that it had not yet impacted the number of visitors to the Lake, however that might be anticipated. He further indicated that the algae problem was starting to be noticed for approximately the last two weeks and over the weekend became emerald green. He reminded the Council that the State still has jurisdiction over the lake, however they currently feel they have no responsibility for treating the water. He noted that Lake Perris uses copper sulfate and the same consideration would be requested for Lake Elsinore. He indicated that he understood that the Council's hopes would be to try and do something. Manager of Special Projects Watenpaugh indicated that for approximately the last week and a half to two weeks he had been talking with a variety of different people from state parks to water resources and also to Mr. Bollington from Bac- Terra. He further indicated that he had put together prior test results and there appears to be two options; only one in terms of an option that would even be acceptable or even be PAGE TWO - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 considered acceptable by the Council would be that Lake Perris does get treated with copper sulfate; however they do not treat the entire lake at one time, they treat a small area and they don't go to the shores, they have a mixture. Their biologist that does the mixture gave me some estimates and some costs. He explained that in order to do this type of application there is a detailed process to go through with Fish and Game because copper sulfate tends to neuter or do away with all vegetation and eventually could kill fish, but it will make the lake clean and pretty. This would have to be done almost on a monthly basis, at an estimate of about $180, 000 year and that in essence would eliminate any fishing in the lake and it would be an ongoing expense, it wouldn't be a once a year charge. Bac-Terra, was used for a test project around the perimeter of the lake and a small section of the state park where they sprayed to get rid of the odor and it did work, and it was non-harmful to marine life and plant life. He noted that it could be put it in the water, while continuing to allow water skiing, fishing, swimming; and it basically competes for the fungi, goes after the phosphates, takes away the fungi from the algae, returns and absolves oxygen to the water. It is therefore, good for the fish, good for the plant life and also neutralizes the sulfates. He indicated that it cleans up the lake and would take anywhere from three to six weeks for it to take full effect. He indicated that the effectiveness would continue as long as the food chain lasts and there are phosphates in water to allow it to continue to multiply. He explained that the next step would be to stock the lake with fish and establish proper ecosystems to balance the food chain. He further explained that the annual maintenance dose might be one-tenth the amount needed initially. He indicated that the cost for Bac-Terra would be approximately $400, 000 for the mass treatment, which would be recommended because any other application would be hit and miss. He commented that the Bac-Terra would be the best choice of those options available with the one time mass treatment followed by annual maintenance of about $30, 000 to 40, 000 a per year depending upon whether the ecosystem is properly balanced. Councilman Winkler inquired whether the figure presented was just for this treatment or if it included stocking the lake with fish. Mr. Watenpaugh clarified that the estimated cost for the treatment was $400, 000 and to stock the lake with fish depending on size and volume of fish it could cost an additional $100 to $400 per surface acre. He explained that the costs could potentially range from $300, 000 to over $1 million if stocking the lake is also contemplated. Councilman Alongi asked if anyone had talked with Elsinore Valley to see what kind of algae is present. Mr. Watenpaugh indicated that he had spoken with Mr. Laughlin, General Manager and they used Bac-Terra themselves in their treatment plants and sewer lines to get rid of odor and break down the solids and his comments were positive. Mayor Washburn summarized the options for treatment as presented by Mr. Watenpaugh being copper sulfate or Bac-Terra. Mr. Watenpaugh confirmed that these are the two methods used most often, however in smaller lakes a variety of other PAGE THREE - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 approaches are being used. He noted that the biggest problem with Lake Elsinore is the lack of natural inflow, outflow and circulation. Mayor Washburn commented that with either short term or long term solutions there will be some level of constant maintenance required. He stressed the need for a comprehensive maintenance plan. Mr. Watenpaugh explained that the experts say that once the outflow is finished it will be a matter of balancing the fish population with the food chain, which will eventually allow the eco-system to balance. He further explained that much of the current algae problem is due to the heavy rains which brought surface run-offs with high levels of sulfates. Mayor Pro Tem Dominguez question the stocking of fish and whether the City was responsible for that cost. City Manager Molendyk confirmed that the City will be responsible with the assumption of the Lake and its management. He explained that in order to balance the lake a different type of fish is needed than would regularly be stocked. Mayor Pro Tem Dominguez inquired whether there would be any fish through the State system. Mr. Molendyk indicated that there would be some through the State, however if the City goes through the State they then control everything that goes into the lake. He further indicated that if the City goes through a private company, then it can set its own fishing license regulations and charge its own fees; while if the State handles it, they control everything in relation to treatment and stocking of the Lake. Mayor Washburn noted that the City will end up controlling the fish based upon the environmental studies based upon a balanced lake. Mayor Pro Tem Dominguez questioned the impact of the outflow channel on this process. Mayor Washburn indicated that it would help flush the system when there are rains. City Manager Molendyk clarified that the only benefit will be when the level reaches 1255 or 1256 allowing for some to run off, however there will still be no circulation below that level. Mayor Pro Tem Dominguez inquired whether this algae was caused by the plant life which is now under water and deteriorating. Mr. Molendyk indicated that to date that has not been the conclusion. He also indicated that there would be another test in July by Black & Veatch to test the sediment content and the reactions. He noted that to date a reason for this extreme algae bloom has not been pinpointed. Mayor Pro Tem Dominguez noted that in his observation when the water did not reach the plant life there was not the problem of a green lake; however when the water got out to the shoreline and covered the plants, the lake started to get the algae. Councilwoman Cherveny inquired whether previous comments about stocking and licensing fees indicated that the City intended to make the lake a private lake. City Manager Molendyk clarified that staff was looking at the ability to operate as an "enterprise" or revenue generating program and the City could impose a $2. 00 fishing fee that would go to the City rather than Fish and Game. Councilwoman Cherveny inquired whether this fee would be added on to the fishing license fees PAGE FOUR - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 charged by the State. Mr. Molendyk confirmed this was the intent. Mayor Washburn stressed that this would only be done if the City did the stocking of the fish. Councilwoman Cherveny inquired whether this consideration of treating the algae was an area of the City's responsibility, in that the water district would have the responsibility for maintaining the quality of the water in the lake. Mr. Molendyk explained that it was being brought to the Council first, because generally the County or State agencies would say they don't have the money or won't do anything. He noted that another agency indicated that the water is more nutritious for irrigation as it is, however they have no responsibility for the body of water for recreation. Councilwoman Cherveny inquired whether the City has authorization via the contract to tamper with the quality of the water. City Manager Molendyk indicated that as a first step the City has not been told by the State that they will not allow the City to do anything. The next step is to find out how far the Council wants to go and that is primarily a financial question. Manager of Special Projects Watenpaugh indicated that he had reviewed the operation agreement and the Water District has an obligation to ensure that any water they import into the lake meets body contact standards. He clarified that the water in the lake currently is acceptable for body contact, it is not contaminated and the agreement does not stipulate they are responsible to filter the green ut so that it will be recreationally appealing. Councilwoman Cherveny inquired whether there was anything to preclude the City from filtering it out. Mr. Watenpaugh indicated there was not. Councilwoman Cherveny inquired whether they would say the City could not put copper sulfate in and kill everything. Mayor Washburn indicated that the City is not supposed to degrade the water, however bake Mathews and other lakes do it all of the time and it doesn't kill all of the fish. Councilwoman Cherveny further inquired whether the Water District can keep the City from using copper sulfate. Mr. Watenpaugh indicated that it would require Fish and Game approval because they still control the quality at present. He noted that Bac-Terra has been approved for this purpose. City Manager Molendyk clarified that the City would coordinate with the Water District and obtain necessary permits from the State. He indicated that potentially they could be asked to participate financially or in the maintenance process. He stressed the dramatic increase of algae over the last weekend, which was the reason for bringing it before the Council at a Special Meeting. Mayor Washburn questioned the use of copper sulfate, how quickly it would work and how long it would last. Mr. Watenpaugh indicated that through his discussions he was told it would work quickly, however it would take three to six weeks to receive approval to proceed. Mayor Washburn inquired whether this would be prior to the transfer or after the transfer. Mr. Watenpaugh indicated that it would not matter, because a permit would still be required. He stressed that Bac-Terra had already been approved based on the test project last year. PAGE FIVE - JOINT STUDY SESSION MINUTES - JONE 3, 1993 City Manager Molendyk indicated that Lake Perris is treated with copper sulfate and it is applied through the department of water resources at no charge. He questioned why the State would not approve the same treatment for Lake Elsinore, even with its down side. He questioned the estimated cost for the Bac-Terra. Mayor Washburn noted the impact of the current situation on tourism and indicated that he has already heard of boaters reconsidering use of the lake. Mr. Watenpaugh advised that last weekend, Memorial Day, there were 500 boats on the lake Saturday, 650 boats on Sunday and 300 on Monday, however the condition did change drastically between Friday and Monday. Mayor Washburn commented that action is definitely needed, but expressed caution with the $400,000 figure. He stressed the need to evaluate the alternatives and proceed. Manager of Special Projects Watenpaugh clarified that while copper sulfate is used in Lake Perris and other, it is generally used on only portions of the lakes. Mayor Washburn inquired whether this would be adequate to get by. Mr. Watenpaugh indicated that it would not change the color of the Lake and while the areas treated would be clear for a while it would be subject to repeated inundation. John Bollington indicated that he has spoken with the Department of Water Resources previously and the reason they have not supported treatment of this lake is that it is not filled with potable/useable water like Lake Mathews or Lake Perris. Mayor Washburn inquired whether this was as drinking water and irrigation water. Mr. Bollington confirmed. Councilwoman Cherveny indicated that in talking to the Water District Boardmembers, there was a comment that they were taking a sample. Mayor Washburn indicated that this has been monitored for quite a while. Councilwoman Cherveny indicated that a sample was taken either yesterday or today to determine the type of algae. She inquired whether it would eventually die out naturally or if it was permanent. Mayor Washburn questioned the scenario the algae will follow. Mr. Watenpaugh indicated that it would continue to replenish itself. Mr. Bollington indicated that algae is like any other plant life, it needs nitrogen and phosphorus. As long as there is a presence of nitrogen and phosphorus in the water source, the possibility of recurrence of algae is going to exist. The type of algae that has been seen here, although he did not know the exact type, appears to be a single cell algae; single cell algae needs frequent water treatment. He expressed confidence with the ability to correct this particular problem. He indicated that generally this kind of algae growth is caused by a tremendous amount of nutrients available in the water. It is from nutrient overload and the only way to rid that situation is to get rid of the nutrients, which must be eaten by some microorganisms in the present and later augmented for the fish and other life to survive. He stressed that based on the volumes that are present and the type of algae that is there he would say that the nutrient overload is extraordinary. PAGE SIX - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 Mayor Washburn questioned the point of source and whether there is any chance that it is coming from upstream origins. He noted the treatment plant upstream and questioned whether they discharge into this flow. Mr. Watenpaugh advised that the indication of the biologist is that there is a point source that spreads surface runoff and part of the blame is the fact that we still do have a large amount of septic systems and through heavy rains and saturation that is a portion and part of it is the surface runoff from the streets and the automobile fluids. Mayor Washburn questioned the one time application, Mr. Bollington indicated that it would take four to six weeks depending on how much labor is brought in, however that time could be shortened if time is a factor. Mayor Washburn inquired how long the treatment would last. Mr. Bollington explained that what will happen as it takes care of the nutrients and out competes the algae for phosphorus, it will then drop its nutrients in the bottom of the lake. Microorganisms take effect once the bacteria follows the food into the bottom of the lake, which will be of residual value and will continue eating as long as there is food. In those areas where the water is clean, there is nothing left for them to eat and the water will become clear. He further explained that the reason they don't re-treat the same amount each time is because there is residual value. The exact amount of any re-treatment is really more of a condition of how many solvents and oils are washing in to it. councilman Alongi inquired whether the water behind the levee would also be treated or if it will just flow into it. Mr. Bollington indicated that would depend on how the water feeds and how quickly it could be expected to evaporate away. He detailed the application and indicated that it would not necessarily be carried to every area of the lake. councilman Alongi inquired how it would work itself behind the levee, because it would not evaporate by the time the lake is treated. He assumed that if the pipe was closed off under the levee, then it would only be necessary to treat the lake itself. He further questioned treatment of the inlet channel. Mr. Watenpaugh indicated that some would most likely spread back into it as the bacteria follows the fungi. Mayor Washburn questioned the reason for the high cost estimate. Mr. Bollington indicated that it was really not expensive, however a large quantity is needed because of the size of the lake. He noted that it will need a combination of bacteria from the over 102 types; and in order to keep them alive and protect their ability to digest this contamination it takes a certain volume. He explained that do to less would minimize the results. Councilman Winkler questioned another study which was mentioned by Black & Veatch in July. city Manager Molendyk explained that this would be the final study and what they are doing is to take water samples every month, and test them for all of the minerals, nutrients, oxygen, etc. . They are doing one more to try to come up with some kind of conclusion as to what is causing the high algae content of the lake; such as a chemical imbalance of some kind that is holding certain PAGE SEVEN - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 chemicals in. They are doing it now but will be contacting the City in July. Councilman Winkler questioned the impact of additional information in July. City Manager Molendyk commented that the other question would be, if the community is to go through this expense, it was mentioned that we would want to have the correct amount of fish to help ecologically balance the lake. Also if this is done and not stocked with a certain variety of fish right afterward, are we also wasting money. Mayor Washburn suggested that based on the boating statistics to date, if there are 450 boats a week, with a one-time surcharge on year passes, the cost could be recouped in three months. He indicated that there might be a way to put that into the maintenance operation costs if the boaters feel improvement is occurring. He inquired what the scenario would be if nothing is done. Mr. Bollington indicated that the inflow of nutrients would be overloaded and a denser algae growth would occur. As it becomes more dense life will not be able to exist in the water because of the lack of oxygen. With that odors will start occurring from bacteria, from sludge, and from dying fish. Mayor Pro Tem Dominguez inquired whether the use of the lake and motion from the boats would be of any assistance to the process. Mr. Bollington indicated that they would want agitation for the microorganisms to spread throughout the lake as quickly as possible. Mr. Dominguez inquired whether the motion alone could treat the situation. Mayor Washburn indicated that the motion alone will not change the current situation. Councilwoman Cherveny inquired whether the algae will eventually die out. Mr. Bollington indicated that until the nutrient overload is stopped the algae will continue. Mayor Pro Tem Dominguez questioned the impact of the weather on the algae. Mr. Bollington indicated that the heat will speed up the growth process. Councilman Winkler inquired how long it would take to start following authorization. City Manager Molendyk inquired how fast it could be done with the right labor force. Mr. Bollington indicated that they treated a much smaller situation and were able to "crash" the algae in five days, but that is not known until the process begins and the impact is evaluated. Mayor Washburn inquired whether Mr. Bollington could guarantee that it does work and it goes into the bottom layers of the lake and continue to work. Mr. Bollington indicated that it would continue to eat as long as nutrients exist and this would continue into the lake bottom. Mayor Washburn further inquired if the application is done, whether the maintenance program would be to add more microbes every few months. Mr. Bollington indicated that he would recommend treating every year before the hot season. Councilwoman Cherveny inquired whether treating at this time PAGE EIGHT - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 would inhibit the ability of Black & Veatch to determine the source with their test in July. Mayor Washburn indicated that his understanding is that the testing is ongoing and they have been proceeding for a number of months, and they are not looking for the point source of the problem as much as monitoring the chemicals and oxygen to establish a baseline to monitor new water and assure that it is not degrading the rest of the water. Councilman Alongi inquired if the ground was exposed for quite a few years, would that build up ingredients that build up the algae. In other words the lake has been low for quite a few years and deposited with animal waste which is now under water, would that contribute to the problem. Mr. Bollington indicated that it certainly contributes to the nature of the floor of the lake to be able to absorb nutrients. He indicated that waste like that causes a lot of sulfur buildup. Councilwoman Cherveny requested clarification as to whether portions of the lake would need to be closed in connection with the treatment. Mr. Bollington indicated that it was not necessary. He detailed the process for rebalancing the eco- system. Councilman Winkler inquired whether fish and game approval would still be necessary to start. City Manager Molendyk indicated that it would be necessary but had been done quickly on last year's test project. Mayor Pro Tem Dominguez questioned the approval for use of copper sulfate in Lake Perris. Mr. Molendyk indicated that they have a blanket policy with the State which has already been approved and they are not required to obtain annual permits. Mr. Dominguez inquired how long that process would take. Mr. Molendyk indicated he could find that out. MOVED BY WINKLER, SECONDED BY WASHBURN TO CONTINUE THIS ITEM TO TUESDAY NIGHT AND DIRECT STAFF TO CONTACT FISH AND GAME AND OBTAIN PARTIAL APPROVAL PENDING AUTHORIZATION. City Manager Molendyk noted that the Superintendent from State Parks was invited to attend this meeting but could not. He suggested that someone from State Parks be invited to Tuesday's meeting as well. Mayor Washburn concurred and suggested that meetings occur between now and Tuesday. City Manager Molendyk requested clarification from the City Attorney that based on the financing of this project it would be a legitimate expense for the money from the State. He suggested that this also be reviewed prior to Tuesday. Councilwoman Cherveny expressed concern with spending the money before it is received. Councilman Alongi inquired if the project is done now, where the money would come from. Councilman Winkler indicated that was the reason he wants to talk about it more on Tuesday night after discussing the budget more. PAGE NINE - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 City Manager Molendyk clarified that he understood that staff is looking at making sure that necessary approvals will be given by Fish and Game on both programs. Council concurred that would be needed to review both alternatives. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 2 . 1993-94 Fiscal Year Budget. (F: 30. 1) City Manager Molendyk explained the proposed format of this workshop, noting that he would go through the budget and explain where he thinks the process is. He further explained that all of the Council had indicated interest in specific projects and he wanted to put those items on the table as well. He indicated that this would be primarily the General Fund Budget but there would be some information on the Redevelopment Agency budget. City Manager Molendyk indicated that he had just received a notice of a hazardous waste spill from the Kentucky Fried Chicken on Riverside Drive, with raw sewage and a horrible odor. People have complained of headaches and Captain Schmutz is considering evacuation approximately one square block solely because of the odor and the police department is now assisting with that operation. Mayor Washburn inquired whether it was a septic system. Mr. Molendyk indicated that was not known yet, but the fire captain has units on scene. City Manager Molendyk further indicated that they have now closed Kansas and Illinois Streets and have evacuated people temporarily until they figure out the problem. City Manager Molendyk noted that for the past three years the City has seen a reduction in revenues due to the recession, water moratorium and State budget balancing. He further noted that in the last 20 months, the City has lost approximately $2 .8 million. He commented that because of the Economic Development Program, reduction in management staff positions and contracting work out, the City has been able to maintain service levels, but not at the desired professional level. He stressed that the Council is currently establishing policies for a community of 23 , 000, but in essence they are decisions affecting a community of 100, 000. He advised that the budget as presented is balanced, noting if everything were rolled over it would put the City $200, 000 out, but because of one time monies in the amount of $263, 000, it was possible to balance. Councilwoman Cherveny inquired whether this $263 , 000 was excess. Mr. Molendyk indicated that it was excess pulled over from the 1992-93 budget to the 193-94 budget. City Manager Molendyk suggested Council discussion of earmarking charities and community events they would want to plan on supporting. He indicated that the Council budget includes money for community events including money for community relations and community services programs. The PAGE TEN - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 Planning Commission budget includes additional funds for training new members, an adjustment from $50 per meeting to $60 per meeting. The City Attorney's budget remains nearly the same as 1992-93 . The City Clerk's budget includes $26, 000 for the scheduled 1994 election. The City Manager's budget includes no changes, would suggest consideration of a public relations person like the water district and other agencies have. Also to be considered would be the potential for a full time person for Personnel. The Administrative Services Department requested an administrative secretary but that is not included. He explained that currently the typing and secretarial support for Administrative Services comes from the City Manager's Office. The Police Department budget, based on interest from Council started off allowing for one more black and white 365 days a year, with five additional officers and a cost of $618 , 000, however this budget presents the same level of services as 1992-93 with an addition $100, 000 for overtime to schedule extra patrol. Also considered was the suggestion of using private security as an alternative to accommodate for the tight budget, however they would not have the same capability to arrest as Sheriff deputies. The intention is to recommend a sergeant be brought on next year for lake enforcement to start gearing up. Patrol costs for the lake are anticipated to cost $1, 000, 000 plus operating costs of the lake. The Fire Department budget is at the same level of service for Station 10. The station at Machado and Lincoln is designed and ready to build, but the biggest problem is the $700, 000 to staff the new station. The fire engine cost is $150, 000 and will take about nine months to order and receive; future revenue sources will need to be identified for this use. The Public Services budget, in the Engineering Department, we have a skeleton of full-time staff, supplemented with consultants, to give us the flexibility to use consultants and contract employees. An additional part- time persons was considered for that department, but that is not part of the final recommendation. In the maintenance division working foreman positions were requested, one parks and one streets with some additional responsibilities that we have in those areas. Future services will require more new personnel because we are looking at a year from now we might have McVickar park as a new park, the Tuscany Hills park is new, and additional staff were added this year. We have a small park, soccer field, going in by Century Homes park and we will also be accepting, this year, the median on Grand Avenue, Lincoln and next year we assume the beaches that will come with the lake. He noted that the City is accepting new streets and there is need for street maintenance personnel in the future as well as additional tree trimming. The Community Development budget consists of two major building and planning divisions that answer to the Assistant City Manager; the Planning Division, with the amount of work there are currently five employees in planning and a lot of people feel the economy is going to turn around in 1995 . We should also be looking at advanced and regional planning. It is suggested that Building and Code Enforcement, needs four people that would accommodate the level of service that we'd like to have and also give us seven day a week coverage, however, based upon the budget process we're down to half of what the officers needed and, ultimately, we would agree with council that we need additional staff that could PAGE ELEVEN - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 give us better coverage. The Community Services Department budget this year included a pilot program of $40, 000 transferred from the police budget for the after school program, we've had an interest to continue that program, and it would cost $85, 000. At this point, it is not allocated to because of the dollars, if the Council wanted to consider taking that money out of the overtime or some of the one-time dollars, that we'll be reviewing with the Council later, that is an option. Eleven part-time positions will be administered by the community services department next year for the boat launch facility on the lake and that's been financed through the lake enterprise account. The Lake Enterprise Account for 1993-94 allows for part-time staff, water quality application, and a master plan study. City Manager Molendyk noted the need for additional revenue streams in the future. He further noted that the stadium has received Council approval of the design of construction of the stadium to open in April, 1994 . This budget does not cover operating costs for 1993-94, in other words, if we go forward with the stadium there is going to be expenses for security, built into that first three months of operation. That is not reflected, at this time, as our consultants have told us they feel they can bring a management consultant in to assist with that. Future economists have indicated that the economy is expected to start turning around in 1995, generally the city sees increased revenue in the proceeding year, which would be 1996--1997 . This means at least two more years of hard times. Due to the economy, the status of the State budget in the next several years and any emergency unforeseen costs, we would recommend that our current reserves be maintained. He indicated that in 1994-95 we will be looking for new revenue from the third phase of the outlet center and the Elsinore city center - Walmart. and the casino ordinance should be reviewed as it relates to revenue. Mr. Molendyk indicated that the Redevelopment Agency, based on the present obligations, funding, and tax increment commitments, and the loss of revenue to the State, no capital dollars would be available for the next five years. He detailed the projects already approved in addition to the Stadium. He also explained that it is necessary to allow the tax increment to build up in order to meet any future bond obligations after we've financed the stadium and we've financed the projects that have been approved the last year. City Manager Molendyk commented on one time dollars in the amount of $500, 000 and noted efforts to support approved Council programs with those funds. Councilwoman Cherveny inquired whether the $500, 000 was City money or Redevelopment Agency money. City Manager Molendyk indicated that this was City money, and clarified the ability to balance the proposed budget at $9, 000, 000 general fund. He noted that the additional positions requested by the departments would require another $1, 910, 000. The department projections for capital outlay for trucks, replacement of cars and facilities, is $864,900. The $500, 000 is from the Pardee Assessment District and the settlement of the last three years booking fees. PAGE TWELVE - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 Mayor Washburn noted that without the Public Financing Authority and the Marks Roos arrangement, the City would not be getting the one-time money from Pardee. City Manager Molendyk noted the staffing levels which were 69 City employees in 1990-91 down to 55.5 employees in 1993-94 . The population in 1990-91 was 15, 900, up to 23 , 000 in 1993-94. He stressed that the City has less employees and the pressure of the growing community is beginning to be felt. He pointed out that the Sheriff's Contract in 1986 was for 14,2000 contractual hours and is currently 36, 000 hours or 16 deputies and 4 target team members, a crime prevention officer, and four community service officers. He further pointed out that the administrative support to those 25 officers include the Captain, 1 lieutenant, 4 sergeants, 1 evidence officer, a secretary, and 7 dispatchers for a total of 46 positions. Councilwoman Cherveny inquired if this was 46 positions in addition to the 25 officers. City Manager Molendyk clarified that it was 46 positions total. Councilman Alongi inquired how many of the 25 positions are actually in the street. Captain Daniel indicated that all of those were on the street, although not all at one time. Councilman Alongi questioned how many of the 25 are on the street at any one time. Captain Daniel indicated that it varies depending on the shift, but basically there are eight a day on the street. Councilwoman Cherveny requested clarification as to whether there were eight on per shift. Captain Daniel clarified that there were not, but that did not include the community service officers. Councilwoman Cherveny questioned the number of shifts. Mayor Washburn indicated that there are three shifts. City Manager Molendyk clarified that there are four cars. Councilman Alongi inquired whether the eight per day would include the sergeant. Captain Daniel advised that it did not, as those positions are supplemental to the contract hours. City Manager Molendyk detailed the staffing costs, capital outlay and historical general funds revenue sources. Councilwoman Cherveny requested a breakdown of sources of sales tax. Mr. Molendyk indicated that it was not in this packet. City Manager Molendyk presented the suggestions for the $500, 000, stressing that it is one-time money and it won't be there next year. He noted the tendency to bring on a new project and whether it be a new community center, boat launch, historical building, or whatever, to fix it up within the following year, but we have to worry about where you get the money to maintain it. Councilwoman Cherveny indicated she would like to be able to look the budget over and be able to digest prior to any additional detail. Councilman Winkler commented that we have never designated money for charity groups before, other than the CDBG funds. City Manager Molendyk explained that because of the criteria PAGE THIRTEEN - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 for CDBG funds this year it was suggested that money be set aside in the general fund. Councilwoman Cherveny inquired whether there was somewhere in the budget where we've allocated money for the parades and all those little things that end up never being a budgeted item but are always contributed to. City Manager Molendyk indicated that this was included under the Community Promotions in the Council budget in the amount of $10, 000. Mayor Washburn noted that when LEMA was set up it was not meant to continue forever and advised that recent discussions have questioned when it will go away, which could be when the federal project is signed off or whenever the outflow channel is completed. The annual allocation and its fluctuations were discussed for information. Councilwoman Cherveny inquired whether the $10,000 for Community Promotions was adequate for the items addressed. Administrative Services Director Boone indicated that it remains virtually the same every year. Councilman Alongi indicated that he thought we were going to come up with a list of those items to be supported. Councilwoman Cherveny inquired whether this should list specifically what to support. Councilman Alongi suggested that it should be done that way to make it easier and let the organizations know what they are getting up front. City Manager Molendyk indicated that the $12 ,000 is part-time receptionist/clerical support to the Council. Councilwoman Cherveny indicated that the position could be deleted, and inquired whether the Council could live without the position. Councilman Alongi questioned the function of this position. City Clerk Kasad clarified that she is the receptionist and handles phones for the Council, and provides backup on filing and routine clerical items. Councilman Alongi inquired how it was handled previously. City Manager Molendyk indicated the position was created when Council discussed having regular office hours and it was created because the Deputy City Clerk position had been split between the City Clerk's Office and Building. City Clerk Kasad clarified that the need would depend on the number of hours Council might need clerical support. Councilman Alongi inquired if it would be possible to establish a certain amount of money for each event regardless of what happens. City Manager Molendyk indicated that would be fine if the Council so desires. Councilwoman Cherveny inquired whether Winterfest and fourth of July have separate budgets. City Manager Molendyk indicated they are funded under Community Services Department. Administrative Services Director Boone detailed' the traditional resources for capital projects. Councilman Winkler inquired what the library CIP fund is. Mr. Boone indicated that it was approximately $115 per unit PAGE FOURTEEN - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 from the new development for future library facilities and the current balance is about $175, 000. Councilwoman Cherveny questioned the total revenue. city Manager Molendyk indicated that it was detailed on page 1 and explained the total expendable funds. Public Services Director Tecca detailed the proposed capital projects including the curb, gutter, sidewalk replacement program; street improvements, Machado/Lincoln traffic signal, and the Mission Trail/Corydon traffic signal. Councilwoman Cherveny inquired what happened to the Ortega/Grand Traffic Signal. Mr. Tecca indicated that was a state highway and the City has requested a signal many times, however the state does not yet feel it is warranted. Mayor Washburn indicated that he thought that this had been previously budgeted. Mayor Pro Tem Dominguez indicated it was taken out. Mayor Pro Tem Dominguez inquired whether the County was ready to go on the Mission Trail/Corydon traffic signal. Mr. Tecca indicated that they are ready to proceed and the contract should be awarded by the end of June. Public Services Director Tecca continued to detail the capital projects planned including the Decontamination Study for Main/Sulphur; Miscellaneous Drainage Improvements; and the MPB Reconnaisance Survey to determine ground water contaminants. Mayor Washburn inquired if this survey would help in determining the cause of the problem with the lake. Mr. Tecca indicated that it should, however it was important to remember that the watershed area for Lake Elsinore is 750 square miles. Councilwoman Cherveny inquired if this had been done last year also. Mr. Tecca indicated it had not, but it had been carried over. Mr. Tecca further detailed projects such as the Senior Center Improvements, and Yarborough Park Improvements. Councilman Alongi questioned the retaining wall at the Senior Center. City Manager Molendyk explained this request which was proposed to help prevent runoff. Councilman Alongi questioned the ability to transfer any excess allocation back to curbs and gutters. Mr. Tecca indicated it could not be transferred as it is park money and restricted to parks. City Manager Molendyk commented on the lighting and landscaping district, noting an attempt this year not to increase the landscaping and lighting district charges at all because of the economy, in spite of new responsibilities. Councilwoman Cherveny questioned page 44 of the budget and how much is allocated to each special event like fourth of July, the car show, etc. City Manager Molendyk indicated that a breakdown could be provided before the next meeting. Mayor Washburn questioned Page 61 and inquired what had been worked out within the Lake Enterprise Account. PAGE FIFTEEN - JOINT STUDY SESSION MINUTES - JUNE 3, 1993 City Manager Molendyk detailed the Redevelopment Agency projects. Council discussed scheduling of the next budget session. City Manager Molendyk indicated that the additional information would be provided prior to the next meeting and staff would work on scheduling the next session. Manager of Special Projects Watenpaugh indicated that the proposed lake oriented activities are broken down under professional services. He noted the master plan and what it would contain. Councilman Alongi questioned the enforcement costs and how many arrests have been made on the lake requiring transportation to Riverside. Mr. Watenpaugh indicated that it has averaged about 5 per weekend. Councilman Alongi questioned the associated costs. Mr. Watenpaugh clarified the control of the park and lake patrol and anticipated costs. Discussion ensued regarding the State reporting system and handling of arrests. Councilwoman Cherveny questioned the funds allocated for boat launch employees. Mr. Watenpaugh clarified it would be 11. 5 part time positions to cover 7 days a week and detailed the hours and cost associated. Mr. Watenpaugh further clarified the impact of existing agreements. ADJOURNMENT MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE STUDY SESSI AT 5 : 10 P.M. W ARY WASHBURN, MAYOR CI OF LAKE ELSINORE A ITEST. VIC SAD, CITY CLERK CITY OF LAVE E'LSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 8, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy City Clerk Bryning. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER WASHBURN ABSENT: COUNCILMEMBERS: NONE Also Present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and Deputy City Clerk Bryning. PRESENTATIONS/CEREMONIALS A. Presentation - Downtown Video. Mayor Washburn explained that the Video was unavailable for the meeting tonight, but that it gives an overview of the downtown area and will be presented at the next meeting. Mayor Washburn then addressed the issues of a "Letter to the Editor" from Councilwoman Cherveny to the Californian News Paper. He explained that she had stated that there was a one hour response time for Sheriff calls and in fact the average response time for a priority one call was 8 minutes; a priority two call, 17 . 5 minutes; and a priority three call, 31. 9 minutes. Mayor Washburn then called on Tom Thomas of King Videocable to explain the new Crime Committee which is being formed. (F: 127.2) Tom Thomas explained that he has been interested in public safety from the stand point that he lives, owns property here and manages a major business here in Lake Elsinore and that he got involved in a Public Safety Committee for the City two years ago and gave an overview of that committee. He further advised that he was currently involved in the process of helping to form a Crime Watch Committee which would address the local problems and be extra eyes and ears of law enforcement. Mr. Thomas explained that crime is not just law PAGE TWO - CITY COUNCIL MINUTES - JUNE 8, 1993 enforcement it is also the problem of the citizens and this committee will give the local residents in the City an opportunity to help. This committee will not be a part of the Sheriff's Department or a City Council committee, but rather the citizens. He further explained that King Videocable is committed to helping this group and assisting in aid to law enforcement. Richard Brown explained that he and his neighbors addressed the crime that had occurred in his neighborhood and stated that it can make a difference. He encouraged all the citizens of the City of Lake Elsinore to become involved. Mr. Thomas invited anyone interested in becoming involved to contact him at King Videocable at 674-0127 . Mayor Washburn then called on Captain Daniel to address the response time priorities. Captain Daniel explained that a priority one call receives the highest priority and addresses life threatening situations such as accidents with injuries, calls with deadly weapons, and crimes in progress. Priority two calls are calls for assistance that are not life threatening but urgent in nature which includes crimes which have just occurred. Priority three calls are incidents which require reasonable but not immediate police response, such as loud parties, reports of a crime which occurred several hours earlier etc. Mayor Washburn responded to the report on N.B.C. , Channel 4 which reported that Lake Elsinore was one of 165 Southern California cities which was rated as one of the worst cities to live in for crime. Mayor Washburn stated that this was based on cities in the five county areas which reflected an inaccurate picture of the crime because it failed to consider any of the mitigating measures and was based on resident population figures for their facts. He asked Captain Daniel to address this issue. Captain Daniel explained that there were a number of variables that were used to rank those cities. The Uniform Crime Report was used and the only correlate between the cities was based solely on population and is unfair because Lake Elsinore should not be compared with a city with population of 100,000. The City should be compared with cities that are equal and comparable in size. The Uniform Crime Report is also based on a hierarchy system which means that if you have an incident which involves several different crimes, only the crime that is most serious gets reported. Which means that if you have a crime which involves homicide, robbery, rape, petty theft and burglary all lumped into one, only the homicide will be noted. There is no way to compare from just that alone, how many cities have more crime than others. The Department of Justice cautions against using these types of methods to rank the amount of crime in cities because the analysis creates misconceptions due to the variables. The Uniform Crime Report also fails to take into account the aggressiveness of the local law enforcement agency which may be going out and identifying more crime. Where a city is located and its transient population has a big impact on the amount of crime PAGE THREE - CITY COUNCIL MINUTES - JUNE 8' 1993 as well, but is not taken into account in the statistics. Captain Daniel listed several other possible reasons why accurate figures are not reported and can cause inaccuracies. These facts are what caused this report to be false and inaccurate. Councilwoman Cherveny stated that there was another recent news article stating that "Major Crimes Per Thousand" in the County of Riverside placed Lake Elsinore and the surrounding County area as well as Murrieta as having one of the highest crime rates. Captain Daniel stated that he felt that this did not reflect all the contributing factors which create a crime rate. Mayor Washburn asked Captain Daniel how he felt in regard to the local crime rate. Captain Daniel stated that he felt that the City of Lake Elsinore is no better or worse than any other city of comparable size. The increases in the City seem to go along with the national trend. Councilwoman Cherveny asked if the County impacts the City's figures. Captain Daniel explained that the residents from the adjacent County area, tourists and transients affect the figures presented and are not reflected in the type of reports that rate crime. The proactive conduct of the Police Depart will lend itself to the increased amount of reported crime because it is being addressed in a more aggressive manner. He stated that because of increased law enforcement in the downtown area the crime rate has been boosted. This is proactive law enforcement. Councilman Alongi asked if a priority three call could it take up to an hour. Captain Daniel stated that it could. Mr. Alongi then asked if the response time would be faster with more officers. Captain Daniel stated that one or two more officers would not create an impact, that it would take an increase of at least 50% to make a difference. Councilwoman Cherveny explained that she has had the experience of waiting for over an hour for response from the Police Department both for a burglary at her office and a incident at her home with a gun being fired. PUBLIC COMMENTS -- AGENDIZED ITEMS Requests were received to address Item Nos. 21 and 40 of this agenda and deferred to those considerations. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and considerations Item No. 4 MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE FOUR — CITY COUNCIL MINUTES — JUNE Be 1993 1. The following Minutes were Approved: a. Adjourned Regular City Council Meeting - May 18, 1993 . (F:44 .4) b. Regular City Council Meeting - May 25, 1993 . (F:44. 4) 2 . Received and ordered filed the Building Activity Report for May 1993. (F: 32 .2) 3 . Received and ordered filed the Code Enforcement Activity Report for May 1993 . (F: 54 . 1) 5. Rejected and Referred to the Claims Administrator the claim submitted by Virginia Uscanga (CL #93-9) . (F:52. 2) 6 . Set for Public Hearing on June 22, 1993 , the following: a. Specific Plan 90-1 Amendment No. 1 for McArthur/Glen. (F: 150. 2) b. 1993-94 Fiscal Year Budget. (F:30. 1) 7. Acceptance of Quitclaim Deed from Robert Parker Enterprises, Inc. (F: 132 . 1) ITEM PULLED FROM CONSENT CALENDAR 4. Warrant List for May 27,_ 1993 . (F: 12 . 3) Councilman Alongi questioned the amount of money spent for the large and small boat launches and asked Administrative Services Director Boone if this was the amount for one or both. Mr. Boone stated that this was a combined total. Mr. Alongi then questioned the amount of funds allocated to Mr. Greg Smith. Mr. Boone explained that there were several different invoices for abatement and that they were paid in a lump sum. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS TO RATIFY THE WARRANT LIST FOR MAY 27, 1993 . PUBLIC HEARINGS 21. Specific Plan Amendment (SP90-2 Amendment #1) ; and Tentative Tract maps 27270 27271 27272 27273 27275 27276 and 27277 - North Peak (Phase I) - TMC Communities. (F: 150.2) (X: 160. 2) City Manager Molendyk explained that North Peak is located on Highway 74, north of the community and introduced Mr. Brian Meyers, the project manager. Brian Meyers, representative of North Peak, gave an overview of the project and explained the Specific Plan Amendment and the Tentative Tracts. He explained that the first phase of the project will be close to Highway 74 and consists of 310 acres with a total of 838 dwelling units of which 652 are single family detached. He asked that Council consider removal of the conditions which address Mitigation Agreements PAGE FIVE - CITY COUNCIL MINUTES - JUNE Bf 1993 with the School District since this has already been done. Mr. Meyers then explained the village concept and the type of streets and landscaping which would be used in the project. The Deputy City Clerk reported one written comment from Mrs. Virginia Neira. Mayor Washburn opened the public hearing at 7 : 43 p.m. , asking those persons interested in this item to speak. Virginia Neira, 137 21st Street, Costa Mesa, stated that she owned property adjacent to the project and questioned the drainage, retention of the stream beds and the amount of open space as well as preservation of all the riparian habitat. Mrs. Neira questioned lot 14 which abuts the property boundary and she questioned the transition of the project to the boundary. Mayor Washburn closed the public hearing at 7: 52 p.m. Brian Meyers presented an exhibit which showed the open space and stream bed and explained that on the north side of the project there is a 230 acre nature park and in regard to riparian issues the U.S. Fish and Wildlife and the Army Corp of Engineers have approved this nature park as part of that issue. He further explained that in each phase these issues will be addressed and the mitigation of each phase would be addressed by the nature park. Mr. Meyers stated that there is 400 open space in the project and drainage has been addressed in the proposed Tentative Tracts. Virginia Neira asked about the one acre of wetland and how that area would be addressed and further suggested that lot 14 be eliminated to allow for that wetland to be retained. Councilman Alongi asked if there were any equestrian trails planned through this project. Mr. Meyers stated that there would be and the Master Plan for Trails ends in this project. Mr. Alongi further questioned the utility easements and asked if this was the same that crossed E1 Toro Road. Mr. Meyers stated that it was. Councilman Dominguez asked for direction regarding the conditions addressing School mitigation. City Attorney Harper stated that the condition can have language rephrasing the existing agreements. Brian Meyers explained that this is addressed in Condition Nos. 6 and 17. Councilman Alongi asked that Mr. Meyers be sure that the riparian area is addressed correctly to preserve the natural beauty. Mayor Washburn concurred with Councilman Alongi. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-0 VOTE WITH WINKLER ABSTAINING TO APPROVE AMENDMENT #1 TO THE NORTH PEAK SPECIFIC PLAN WITH THE REVISIONS OF CONDITION NOS. 6 AND 17 TO PAGE SIX - CITY COUNCIL MINUTES - JUNE 8, 1993 INCLUDE THE VERBIAGE "AS ENTERED INTO THE AGREEMENT, DECEMBER 13, 1990, WITH THE ELSINORE UNIFIED SCHOOL DISTRICT AND NORTH PEAK PARTNERS. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE FIRST READING OF ORDINANCE NO. 958 : ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING AMENDMENT #1 TO THE NORTH PEAK SPECIFIC PLAN (SP 90-2) (TMC COMMUNITIES) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCIL4EMBERS: WINKLER MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A 4-0 VOTE WITH WINKLER ABSTAINING TO APPROVE TENTATIVE TRACT MAPS 27270, 27271, 27272 , 27273 , 27275, 27276 AND 27277 WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS - AMENDMENT #1 TO SP 90-2 1. The Specific Plan Amendment meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17 . 99 of the City of Lake Elsinore Municipal Code. 2 . Development regulations provided in the City Zoning Code shall apply, unless specified in the Specific Plan Amendment. Approval of the amendment shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore Municipal Code, except in those areas where the amendment specifically applies. 3 . The Specific Plan Amendment complies with the California Environmental Quality Act. All adverse impacts have been adequately mitigated to levels of insignificance. 4 . The Specific Plan Amendment will not be detrimental to the health, safety, comfort or general welfare of the persons visiting or working within the neighborhood of the project area, nor will it be injurious to property or improvements in that area of the City because of the amendment, mitigation measures contained in the EIR and Conditions of Approval. FINDINGS - TENTATIVE TRACT MAPS 1� The proposed subdivisions, together with the provisions for their design and improvement, are consistent with the PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 8, 1993 General Plan. The proposed subdivisions are compatible with the objectives, policies, general land uses and programs specified in the General Plan and the North Peak Specific Plan. (Government Code Section 66473 .5) 2. The effects these maps are likely to have upon the housing needs of the region and needs against the public services of its residents and available fiscal and environmental resources have been considered and balanced. 3 . The design of the subdivisions provide, to the greatest extent feasible, for future passive or natural heating or cooling opportunities. (Governmental Code Section 66412. 3) 4 . It shall be determined by Elsinore Valley Municipal Water District (EVMWD) whether or not the discharge of waste from the proposed subdivision(s) into the existing sewer system will result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the determination is that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps. (Government Code Section 66474 .6) 5. All environmental impacts associated with this project(s) have been adequately addressed by the certified Environmental Impact Report prepared for the North Peak Specific Plan. 4 . Elsinore Valley Municipal Water District (EVMWD) has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code (Government Code Section 66474. 6) . CONDITIONS OF APPROVAL _FOR_TENTATIVE TRACT MAPS 27270 (Master Tentative) , 27271 27272 27273 27275 27276 AND 27277 [General Conditions For All Maps] PLANNING DIVISION 1. Tentative Tract Maps 27270, 27271, 27272 , 27273, 27275, 27276 and 27277 are approved subject to the approval Amendment #1 of Specific Plan 90-2 (North Peak) . 2 . Tentative Tract Maps 27270, 27271, 27272 , 27273, 27275, 27276 and 27277 are approved subject to the life of the Development Agreement. 3 . The Tentative Tract Maps shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 4 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. PAGE EIGHT - CITY COUNCIL MINUTES -- JUNE 8, 1993 5. Permanent signage for this subdivision shall be in conformance with the North Peak Specific Plan and shall require City Permits. 6 . Prior to the recordation of any final tract map, applicant must provide agreement dated December 3, 1990 for school impact mitigation. the agreement is with the Lake Elsinore Unified School District and North Peak Partners. 7 . The City's Noise Ordinance must be met during all site preparation activity. 8 . Street names within the subdivision shall be approved by the Planning Division. 9. All grading shall conform to the requirements of Section 6 . 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 10. Pay all applicable fees in force at time of issuance of building permits. 11. Bicycle lanes and bus turnouts are to be provided subject to the requirements of the Community Services Director or his designee. 12. Prior to final map approval of any of the tentative maps the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 13 . Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards specifed within theNorth Peak Specific Plan or where not specified within said plan the R-1 Zoning District. 14 . Prior to final map approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and recorded. 15. Prior to Final Map approval, applicant shall obtain off- site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 16 . Bond for drip or sprinkler irrigation system for common areas prior to issuance of building permits. 17. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division as entered into in the agreement on December 3 , 1990 between the Lake Elsinore Unified School District and North Peak Partners. 18 . All of the improvements shall be designed by developerrs Civil Engineer to the specifications of the City of Lake Elsinore. PAGE NINE - CITY COUNCIL MINUTES - JUNE 8, 1993 19. Comply with all conditions of the Riverside County Fire Department. 20. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Planning Manager. 21. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 22. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 23 . Meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 24. Meet all requirements of Southern California Gas Company. 25. Meet all requirements of General Telephone. 26. All trailers and/or mobile homes used during construction, shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailbox plans shall also be subject to the review and approval of the Planning Division. Signs advertising the project shall include verbiage located in the City of Lake Elsinore. 27 . The developer shall establish a Homeowners Association to manage and impose fees to maintain all slopes, common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Planning Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. 28 . Subdivider shall record CC & R's for the project prohibiting on--street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Planning Manager or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. PAGE TEN - CITY COUNCIL MINUTES - JUNE 8, 1993 29. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. The model complex must provide off-street parking and one model must incorporate Xeriscape landscaping with identifying signage. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 30. Any alterations to the topography, ground surface., or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer, the Chief Building Official and the Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 31. Subject to a Geotechnical Report, consideration shall be given to cut slopes exceeding 2 : 1 slopes and/or slopes that minimize the number of 30 foot benches required. All slopes shall be contour graded subject to the approval of the Community Development Director or his designee. All down drains wherever possible shall be diagonal along the face of slopes or colored concrete shall be used. A landscaping plan that minimizes stark cuts such as clustered plant groupings of ground cover, shrubs and trees shall be used. The planting pallet shall be reviewed by a biologist or native plant horticulturist in conjunction with the Riverside County Eire Department and the City's Landscape architect for the purpose of incorporating Riversidean Sage Scrub species. Improvements shall be installed prior to Certificate of Occupancy. 32 . For all lots where the front set back for the garage is less than 20 feet, roll-up garage doors and automatic garage door openers shall be required. ENVIRONMENTAL MITIGATION CONDITIONS 33 . All project mitigation measures, as specified by the adopted EIR and its Mitigation Monitoring Program is required to be implemented into the project in accordance with the times specified in the Mitigation Monitoring Program or as amended by these Conditions of Approval. 34 . Prior to the construction of any off-site roads required to serve the site additional environmental review in accordance with the CEQA Guidelines is required prior to final map approval. 35. Within one year of the issuance of grading permits the commencement of any clearing or grubbing activity on site a Stephen's Kangaroo Rat Trapping Study shall be conducted to determine if the site is inhabited. In addition, all appropriate mitigation fees in place at the time of the issuance of grading permits or the clearance of the site must be paid. PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 8, 1993 36. Within one year of the issuance of grading permits or the commencement of any clearing or grubbing activity on site a Spring Survey shall be conducted to determine if any California Gnatcatcher habitat is present on site and/or if the site is inhabited by the Gnatcatcher. If this study reveals that the Gnatcatcher inhabits the site or that the site contains Gnatcatcher habitat, the developer must negotiate mitigation measures directly with the U.S. Fish and Wildlife Service and the State Department of Fish and Game. 37. Lots adjacent to any area to be maintained as natural open space shall be required to have a' setback of 30 feet from property line to building pads or whatever is determined appropriate within the Fuel Modification Program. ENGINEERING DEPARTMENT 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 39 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . 40 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16 . 34; Resolution 85- 26) . 41. Submit a letter of verification "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project prior to final map approval. 42. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval. 43 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16.34) . 44. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 45. Annex to the City Landscaping and Street Lighting District. 46. Enter into a subdivision agreement with the City for public works improvements and post appropriate bonds. Bonds or letter of credit to be approved by the City Attorney. 47 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution 83-78) . PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 81 1993 48. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 49 . Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 50. Provide fire protection facilities as required by Riverside County Fire Department. 51. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 52 . All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 53 . All improvement plans and tract maps shall be digitized. At certificate of occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/Gis or developer to pay $1, 000 per sheet for city digitizing. 54. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 55 . Developer shall install blue reflective pavement markers in the street at all Fire hydrant locations. 56. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities constructed. 57 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 58 . The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge Elimination System (NPDES) and submit the storm water pollutant prevention plan prior to grading permit. 59 . Submit Hydrology and hydraulic study for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 60 . All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 61. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. PAGE THIRTEEN - CITY COUNCIL MINUTES - JUNE 8, 1993 62. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 63 . On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions. " 64 . The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right-of-way. When either of these criteria are exceeded drainage facilities should be installed. 65 . Desirable maximum grade for local streets is nine percent (9%) . The maximum grade of fifteen percent (15%) should only be used because of design constraints. 66. Intersecting streets on the inside radius of a curve will be permitted when adequate sight distance is verified by a registered engineer. 67 . All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability. All manufactured slopes greater than 30 feet in height shall be contoured. 68 . No residential lot shall front and access shall be restricted on El Toro Road, "A" Street, "C" Street and "D" Street of Tract 27270 and so noted on the final map. 69. Minimum curb returns for residential streets shall be 25 feet, 10 foot curb returns will not be permitted. 70. All open space and slopes outside the public right-of-way shall be owned and maintained by either the master homeowner's association or private owners. All open space areas owned by the homeowner's association shall be offered for irrevocable dedication to the City. 71. Developer shall establish a storm water pollutant prevention program prior to fifty percent (50%) occupancy. The program shall include, but not be limited to, stenciling catch basins, pamphlets for irrigation and fertilizing lawns and disposal of auto oil and anti- freeze. CONDITIONS OF APPROVAL WHICH EXCLUSIVELY APPLY TO A SPECIFIC TENTATIVE TRACT MAP Tentative Tract 27270 72 . E1 Toro Road, in Lot 11 shall be realigned and moved easterly to remove the curve to insure proper sight distances. 73 . El Toro Road shall have sidewalks on both sides of the street from SR 74 to northerly tract boundary. PAGE FOURTEEN - CITY COUNCIL MINUTES a JUNE 8, 1993 74 . The right-of-way across the S.C.E. corridor shall be secured prior to final map approval. 75 . Turn-abouts on "A" and "C" Streets shall be approved by the Fire Department prior to final map approval. 76. Turn-about at the knuckle of "B" Street shall be removed. 77 . Applicant shall install traffic signals at the intersections of E1 Toro/SR 74 and Riverside/SR 74 and have the signals operational prior to occupancy of any development phasing accessing SR 74 via El Toro Road or Riverside Street. The developer will enter into an agreement with the City whereby the developer will be reimbursed for costs in excess of their fair share for the traffic signals. 78 . The developer shall dedicate portions of their property to accommodate SR 74 improvements along the tract boundary. The developer shall adhere to the obligations of improving SR 74 required by Mitigation Monitoring Program conditions number 41, 42, 43 , 45 and 50. The construction phasing of Tract 27270 shall be approved prior to final map approval. 79 . The developer shall submit a schedule for the signalization of the intersections of El Toro Road/"A" and "B" Streets and El Toro/"C" and "D" Streets prior to final map approval, in the interim, the intersection shall have four-way stop signs. 80. Applicant shall obtain any necessary Cal Trans permits and meet all Cal Trans requirements. 81. Submit Hydrology and Hydraulic Reports for review and approval by Riverside County Flood Control District prior to approval of final maps for all facilities outleting off-site and/or being maintained by the District. 82 . Tract 27270 is the master tentative tract for this development phase. It will be a requirement for this tract to construct the master roadway system consisting of El Toro Road, "A" Street, "B" Street, "C" Street and "D" Street, and the master storm drainage system. These roads shall be fully improve prior to the first certificate of occupancy. The City will not accept maintenance of these streets until seventy percent (70%) of the certificate of occupancies for Lots 1 through 12; the master storm drainage system will not be accepted for maintenance until one hundred percent (100%) of the certificate of occupancies for Lots 1 through 12 . Tentative Tract 27271 - No specific conditions. Tentative Tract 27272 83 . Submit Hydrology and Hydraulic Reports for review and approval by Riverside County Flood Control District prior to approval of final maps for all facilities outletting off-site and/or being maintained by the District. PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 8, 1993 Tentative Tract 27273 84 . Prior to final map approval the proposed chokers and rotaries shall receive final written approval from the Riverside County Fire Department. 85. The house plotting of lots within the Garden Residential District shall have 50% of its garages within the rear portion of the lot and 50 % of its garages within the front portion of the lot. For those lots with the garages within the front of the lot the garage shall be offset 5 feet from the main unit. These designs shall be subject to the review and approval of the Community Development Director or his designee prior to Design Review approval of any residential project for this map. Tentative Tract 27275 86. Prior to final map approval the proposed chokers and rotaries shall receive final written approval from the Riverside County Fire Department. 87 . The house plotting of lots within the Garden Residential District shall have 50 % of its garages within the rear portion of the lot and 50 % of its garages within the front portion of the lot. For those lots with the garages within the front of the lot the garage shall be offset 5 feet from the main unit. These designs shall be subject to the review and approval of the Community Development Director or his designee prior to Design Review approval of any residential project for this map. 68 . The placement of the proposed school site shall receive approval from the School District. If it is determined that a greater set back from the Southern California Edison corridor is required the alternate plan date stamped April 6, 1993 shall be used. Otherwise the plan date stamped October 29, 1992 shall be used. Tentative Tract 27276 - No specific conditions _ Tentative Tract 27277 - No specific conditions BUSINESS ITEMS 31. Special Events Permit Process - Ordinance No 959 _ (F:151. 1) City Manager Molendyk explained that this is a proposed ordinance to meet the expressed objectives of the City Council. He further explained that this Special Events Permit will provide the opportunity for the City to recover expenses. City Attorney Harper stated that this Special Events Permit Process reflects what the law requires at this time and give the City more flexibility. He further explained that the Special Events Permit Process applies to all property within the City. There has been some suggestion that we might want to limit the use of streets permits or public events of public property to non profit organizations, since the city isn't in the business of providing parks or streets for a private PAGE SIXTEEN - CITY COUNCIL MINUTES - JUNE 8, 1993 individual to make money. If the Council wishes to do that he has drafted some language which can be added to the Ordinance. MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE SPECIAL EVENTS PERMIT PROCESS. Councilman Alongi asked if there was a law that asked for a disclosure of a felony. City Attorney Harper explained that should someone want to do a child oriented event and the applicant had a record for child molestation it would be grounds for the City to deny his application. Mr. Harper gave other examples of why this is necessary to the City. Councilman Dominguez stated that we had already gone over this with vendors. Councilman Alongi asked if he had been convicted of a felony and he had served his sentence and he applied for a Special Events Permit would this disqualify him. City Attorney Harper stated that it would depend upon the nature of the felony and the event. Mr. Harper presented examples. Councilman Alongi asked that Section 5.73. 090 section 4, have the approval by the County Health Department displayed. City Attorney Harper stated that if Council desires that in 5.73 . 050 a Section 6 be added to read "The event applicant must be a public non-profit organization. A Street Permit shall not be issued for any full profit enterprise" and 5.73. 080 a Section 12 be added to read "The applicant seeking to utilize publicly owned property must be a public non-profit organization. A Special Event Permit for the utilization of publicly owned property shall not be used for any full profit enterprise" . Councilwoman Cherveny questioned the sale for profit section. Mr. Harper clarified non-profit and its meaning. Councilman Alongi stated that he could not understand why a business that wishes to hold an event, which will benefit the whole community, promote tourism and pays all of the fees required by the City, is not allowed to do the event because they will make a profit. He further explained that the City has events where there are concessionaires and that we take 25% of the profit and not allow a private business to hold an event when it profits the entire community in the long run. Possibly the City could request 10% to 15% of the profit to recover City expenses. Mr. Alongi used the example of the Chamber of Commerce Rodeo which makes a profit and none of profit from that event is returned to the City. There was general discussion in regard to the Street Faire which was held and the different problems which occurred. It was discussed that if the Chamber or D.B.A. would sponsor the Street Faire that there would be no problem with the event's non-profit status. MOVED BY ALONGI, SECONDED BY WINKLER TO AMEND THE VERBIAGE OF THE MOTION TO INCLUDE THE ADDITIONS OF THE CITY ATTORNEY AND DISPLAY OF HEALTH DEPARTMENT APPROVAL WHICH READ AS FOLLOWS AND ADOPT ORDINANCE NO. 959: PAGE SEVENTEEN - CITY COUNCIL MINUTES - JIINE 8, 1993 5.73 . 050 6. The event applicant must be a public non-profit organization. A Street Permit shall not be issued for any full profit enterprise. 5. 73 . 080 12 . The applicant seeking to utilize publicly owned property must be a public non-profit organization. A Special Event Permit for the utilization of publicly owned property shall not be used for any full profit enterprise. 5.73 . 090 4 . Food services and sanitary facilities shall be the responsibility of the County Health Department. The applicant shall secure appropriate permits from the County therefore with the approval clearly displayed. ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING RULES AND REGULATIONS REGARDING SPECIAL EVENT PERMITS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32 . Special Parking eas - School Zones - Resolution No. 93-30. (F:112. 1) City Manager Molendyk explained that there is an on going problem regarding parking areas around Elsinore Elementary School and Railroad Canyon Elementary School. There is inadequate on-site parking at both facilities and a number of the personnel are left to park on the street. He further explained that with the new contract with CR & R there is a street sweeping program and the school employees are getting citations because they are parking during street sweeping hours. The School District has reviewed the situation and has appealed to the City to give relief of the parking restrictions in these two elementary school ares. Mr. City Molendyk stated that the will need thel638Xcooperatibithe School District and their maintenance schedule, with the areas being swept in the evening hours at the same time as the commercial areas. The cost would be approximately $1,500. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE RESOLUTION 90-30. Councilwoman Cherveny stated her concern regarding the on-site parking for schools and indicated that the School District needs to address this problem and redesign and readdress the PAGE EIGHTEEN - CITY COUNCIL MINUTES - JUNE 80 1993 parking facilities at school sites. She asked if the City Council reviews the parking and design for schools or possibly could in the future. City Attorney Harper explained that the Statute is very specific and the only thing that the City reviews on the School District's plans relate to engineering and drainage. Councilman Alongi stated that the School District is placing the City in a bad spot, and in his opinion the School District should make arrangements for extended parking. He further explained that the City has just gone through an extensive schedule for street sweeping and educated the area regarding the sweeping schedule, and now have to tell those same people that they must remove the cars at night in order to accommodate the schools. He questioned where those people would park their cars. The School District should be responsible and should come to the City and ask for assistance in acquiring parking area. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 93-30 AS FOLLOWS: RESOLUTION NO. 93-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING SPECIAL PARKING AREAS. 33 . Stop Sign Controlled Intersections - Resolution No. 93-31. (F: 162.2) City Manager Molendyk explained that the City Engineer has requested controlled stop signs at Peck/Chestnut, Chestnut/ Graham and Chestnut/Prospect Streets. He indicated that the cost is estimated at $900 and recommended approval. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-31 TO READ AS FOLLOWS: RESOLUTION NO. 93-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 34 . Parking Prohibitions on Lakeshore_Drive and on Corvdon._Road - Resolution No. 93-32 . (F:112 . 1) City Manager Molendyk explained that the Lakeshore Drive site is in the proximity of Stater Brothers Market and the Corydon site has had several complaints of large commercial trucks obstruction vision of vehicles making ingress and egress in the area. He further explained that the Engineering Department has reviewed this and has made the recommendation that parking of large vehicles be restricted in the recommended areas. He indicated that the cost of installing "No Parking" signs is approximately $500 and recommended adoption of Resolution 93-32 . MOVED BY ALONGI, SECONDED BY CHERVENY TO DENY RESOLUTION NO 93-32. Councilwoman Cherveny asked Public Services Director Tecca if PAGE NINETEEN - CITY COUNCIL MINUTES - JUNE 8, 1993 this was time limit parking only. Public Services Director Tecca explained that parking would be prohibited at all times for all vehicles, large and small. Mrs. Cherveny stated that there are several restaurants in that area and wanted to know if a time limit restriction could be implemented with restrictions for trucks. Mr. Tecca stated that if a definition for trucks could be established then possibly it could be implemented. He explained that there is considerable private parking in this area and the site is on a major arterial roadway and all parking will eventually be restricted to allow for development of bike lanes and to increase visibility. Mr. Tecca noted that the General Plan does not allow parking on any of the major arterials. Councilman Alongi stated that Lakeshore Drive and Riverside Drive is a truck route and he stated that it should allow parking for trucks so that they might eat. He suggested that a time limit be implemented to allow for time to eat and consideration should be given to truckers in that respect. Councilwoman Cherveny asked if there were areas where trucks could park overnight. Public Services Director Tecca stated that several months ago the City instituted a program where large trucks can park overnight to accommodate the persons who live in the residential areas and need to park their trucks. THE FOREGOING MOTION WAS DENIED BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. MOVED BY ALONGI, SECONDED BY CHERVENY TO AMEND RESOLUTION 93-32 TO ALLOW PARKING FOR A ONE OR TWO HOUR PARKING LIMIT ON LAKESHORE DRIVE AND NO PARKING ON CORYDON. Mayor Washburn asked if this would be in conflict with the General Plan and how many complaints had been received. Public Services Director Tecca explained that he does not have an exact number of the complaints, but it is in the General Plan to prohibit parking on major arterial streets to allow for the provision of bike lanes on both sides of the street; and there will be bike lanes developed on that roadway in the future. THE FOREGOING MOTION WAS DENIED BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO ADOPT RESOLUTION NO. 93-32 TO READ AS FOLLOWS: RESOLUTION NO. 93-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 35. Adoption of Material Recovery Facility Fees - Resolution No. 93-33 . (F:163 . 1) City Manager Molendyk explained that this item has been presented to Council before and according to State law AB 939 PAGE TWENTY - CITY COUNCIL MINUTES - JUNE 8, 1993 the City is responsible for recycling and reducing the waste for the landfills by 25% by 1995 and diverting 50% by the year 2, 000. He further explained that the program outlined to comply with this in our contract includes a MRF (Material Recovery Facility) plant and this resolution puts this in action. This item was delayed for the decision of the City of Perris where the facility will be located, and they have now approved the facility. MOVED BY ALONGI, SECONDED BY WINKLER TO ADOPT RESOLUTION NO. 93-33. Councilwoman Cherveny stated that this item was covered in the contract and she felt that the resolution was unnecessary. She further stated that she felt that it was not right to levy a fee on the citizens of Lake Elsinore for a facility which will be located in the City of Perris, for which Perris will reap the benefits. She indicated that in Perris a 4/5ths vote was required. City Attorney stated that the 4/5ths was not required on this item. David Fahrion, CR & R, explained that the City of Perris is operating under a contract that requires that all items be addressed by ordinance with a 4/5ths vote, the contract with the City of Lake Elsinore requires a standard vote as a pass through arrangement with fees previously established in the current contract. Councilwoman Cherveny stated that the resolution was unnecessary since a provision was made in the contract with the City of Lake Elsinore. Mr. Fahrion stated that there was a letter attached from John Brown, the bond counsel for the City of Perris, explaining why this resolution was necessary. Councilman Winkler asked the City Attorney if the City would be in breech of the contract if the resolution was not passed. City Attorney Harper explained that he did not feel that it would be a breach of contract, but rather the problem arises with the ability to sell bonds without the resolution. Mr. Winkler indicated that this was already agreed upon with a 5-0 vote previously in the contract. Councilman Alongi stated his concern in making a guarantee regarding the MRF and if the company did not comply or folded then the City would still be responsible for the payment of the bond. Public Services Director Tecca explained that the City is required to participate in a MRF whether it is built and operated by CR & R or by the County, as a requirement of the AB 939. Mr. Tecca explained that by participating with CR & R the City is aware of the cost, whereas if the County built the facility the fee would be levied against the City without any knowledge or participation in the program. Councilman Alongi expressed concern that the City will be restricted to CR & R if it ties into this and cannot change companies. City Attorney Harper stated that the City is committed to the MRF and would have to participate in any case. City Manager Molendyk commented that even if the City went to PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JUNE 8, 1993 another company, it would still have to pay for the facility through participation of a different company. City Attorney Harper explained that the Bond Counsel requires that in order to sell bonds, that the City adopt a resolution setting forth specific rates and committing them to that revenue stream for the repayment of those bonds, as opposed to general language in the contract which says what ever it might be we might pay. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. RESOLUTION NO. 93-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING AN ADDENDUM TO EXHIBIT "C" OF THE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND CR & R INCORPORATED FOR THE PURPOSE OF ESTABLISHING RATES TO BE CHARGED FOR SERVICES PROVIDED BY THE PERRIS MATERIAL RECOVERY FACILITY (MRF) . 36. Notice of Completion for Curb, Gutter, Sidewalk and Pedestrian Ramp Replacement Program. (F: 156. 1) City Manager Molendyk explained that this is for the Curb, Gutter and Sidewalk program notice of completion which the Council directs each year and stated that Public Services Director Tecca would present a video of the improvements. Public Services Director Tecca presented the video of the areas addressed in the program and explained that the school areas were the major ones addressed by this program. He reported that approximately 20 blocks were completed and presented a map of the areas. Mayor Washburn indicated that he had received some complaints that in certain areas some of the material was not removed and in some areas back fill was not completed. He asked that Mr. Tecca check into these complaints. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDERS 1 AND 2 AND THE NOTICE OF COMPLETION, AUTHORIZE THE MAYOR TO SIGN AND CITY CLERK TO RECORD THE NOTICE OF COMPLETION AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO RELEASE THE 10% RETENTION TO BRADICK COMPANIES THIRTY-FIVE DAYS AFTER THE DATE OF RECORDING THE NOTICE OF COMPLETION. 37. Ayres Development Storm Drain Reimbursement Agreement. (F: 155. 1) City Manager Molendyk explained that the City had entered into an agreement with Ayres Development for the construction of a major trunkline storm drain in Lakeshore Drive. He further explained that based upon the contract and the final cost we owe the developer $216, 000 and the funds are available through the Storm Drain Capital Improvement Account and staff recommends approval. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE APPROPRIATION OF AN ADDITIONAL $216, 000 FOR REIMBURSEMENT TO AYRES DEVELOPMENT. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JUNE S, 1993 38. Resolution No. 93-34 - Defining the Discrete Elements of Construction - CFD 90-3 North Lake Elsinore Hills Public Improvements. (F: 22 . 3) City Attorney Harper explained that a discrete element is that portion of a project for which you may claim reimbursement at the conclusion of its construction. He further explained that exhibit "C" is amended to include the grading permits associated with the various tasks. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION 93-34 AS FOLLOWS: RESOLUTION NO. 93-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING AMENDMENT TO CONSTRUCTION MANAGEMENT AND SUPERVISION AGREEMENT RELATING TO COMMUNITY FACILITIES DISTRICT NO. 90-3 (NORTH LAKE ELSINORE HILLS PUBLIC IMPROVEMENTS) AND AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY THEREOF. 39 . Lake and Public Facilities. (F: 92 . 1) City Manager Molendyk explained that last Thursday there was discussion in regard to the Lake and because of the rainy season, it is now a full and functional Lake, but now there is the problem of an extensive amount of algae. He advised that several experts have been contacted in regard to the treatment and stated that Manager of Special Projects Watenpaugh would report further on his findings. Mr. Molendyk noted that this has created a problem with the function of the boats and it has made the boat launch ramps slippery. He explained that there are two treatments available. one being Copper Sulfite which is used in Lake Matthews and Lake Perris. This program is less costly, must be done more often; has side effects; a permit must be obtained from Fish and Game and has a negative effect on the fish life in the Lake. Bac-terra is the other treatment which would eat the micro-organisms and control the Lake; it is estimated that it will cost $400, 000 to treat the entire lake with a follow-up annual program. Since that time Mr. Watenpaugh has met with several different firms and has received several different answers. Mr. Molendyk advised that he had met this date with Jim Laughlin, Manager of E.V.M.W.D. , and they do not favor Copper Sulfite, and would recommend that a Limnologist be hired to analyze the situation in the Lake, to insure the treatment will be done properly. Mr. Laughlin is checking with different people in the water industry to see if they might assist the City in finding a Limnologist. Special Projects Manager Watenpaugh explained that he had investigated several different forms of bio augmentation and had been in contact with nine different reservoirs and received nine different answers in regard to how they treated their water. Each body of water is handled differently. Mr. Watenpaugh explained that there were two different companies present to explain their suggested treatments. John Bullington, President of Fifco International the manufacturer of Bac-terra products, explained that Bac-terra is a combination of naturally occurring micro organisms that PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JUNE 8, 1993 are all beneficial cultures that act in controlling algae by out competing for its food source. He stated that he would be happy to respond to any further questions that Council might have. Mayor Washburn asked how long it would take after the application for a visual impact to be seen. Mr. Bullington stated that the impact would begin immediately, but the clearing would take four to six weeks to have a visual impact. Mayor Washburn asked if the organisms would continue to operate. Mr. Bullington stated that as the micro organisms clean its self from the higher waters it will move deeper and settle into the sludge and continue to remove the organic from the environment. Councilman Alongi asked if his company had ever treated a lake of this size. Mr. Bullington stated that his company had not and indicated that the largest lakes his company has treated have been approximately 400 acre feet. He further stated that it was his company's product that was used to address and control the odor last September. Jones Grubs, Vice President of Technology for Inter Bio Somar, explained that his company manufactures microbial cultures formulations. He stated that his product has been used in no lakes of the size of Lake Elsinore, but has been used in several lakes in the Western United States. The Company manufactures more than one hundred formulations to address any problem. Mr. Grubs explained that his product is based on naturally occurring organisms which are actually modifying the ecology of the system so it will perform more as you wish it to, rather than by coincidence. Councilman Alongi asked if his company had ever done treatments where the temperature reaches 110 degrees. Mr. Grubs stated that they had. Mr. Grubs explained the functions of the treatment and how it works and urged that Council take action as soon as possible because of the warm weather. Councilwoman Cherveny asked Mr. Grubs how long he thought his company's treatment would take. Mr. Grubs stated that it would take approximately four to six weeks to see a visual change. Mayor Washburn asked Mr. Grubs how long he though a Limnologist would take to analyze the problem and present a recommendation. Mr. Grubs stated that an assessment for a short term recommendation would probably take approximately two to three weeks. City Manager Molendyk stated once the City takes over the lake the stocking of fish will need to be addressed to help address algae. He further explained that the Fish and Game no longer stock warm water fish. There was general discussion in regard to the type of fish stocked in the Lake in previous years. Manager of Special Projects Watenpaugh explained that in his discussions with Dwayne Maxwell, the representative of Fish and Game for Southern California, he was informed that there were no longer PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - JUNE 8, 1993 resources for warm water stocking, the agency recommended the type of fish which can be stocked and a permit must be acquired from the state (at no cost) which allows for the type of fish for the area. City Manager Molendyk stated that Councilman Winkler had asked for an update on Public Facilities and stated that the new facilities were McVicker Park, Alberhill Park, Centex Park and new fire station. Community Services Director Sapp explained Centex Park will be moving forward with development when a storm drain is in place to prevent flooding, with a projected completion dte of 1994. He furthe explained that lberhill Park is still in development Public Services Director Tecca explained that in Community Facilities District 88-3 there is a phase three bond issue which will provide funds for building the fire station at Lincoln and Machado. The plans have been designed for the station and are currently in plan check. Mr. Tecca advised that when the Bonds are sold, the plans will be ready to be implemented, and from the time the bonds are sold it would be approximately eighteen months. Mayor Washburn asked about the funds for a fire truck. City Manager Molendyk explained that a development condition will address the cost of the fire truck. Councilwoman Cherveny asked if it was still a nine month delivery period for a fire truck and City Manager Molendyk confirmed. MOVED BY WASHBURN TO DIRECT THE CITY MANAGER TO CONTRACT WITH A LIMNOLOGIST. MOTION DIED FOR LACK OF A SECOND. City Manager Molendyk was directed by Council to bring this item with his findings to Council at the next Council Meeting for approval. 40. Street Faire - July 24, 1993. (F: 151. 1) City Manager Molendyk stated that this item was placed on the Agenda by Councilman Alongi and recommended that the application be considered by Council. Councilman Alongi stated that he had asked that this item be placed on the Agenda and because of the Special Events Ordinance he inquired whether the Council would approve this item if it was sponsored by the DBA. MOVED BY ALONGI TO APPROVE STREET FAIRE IF IT IS SPONSORED BY THE DOWNTOWN BUSINESS ASSOCIATION. MOTION DIED FOR LACK OF A SECOND. Councilman Dominguez stated that when you advertise a Street Faire it implies a theme, and when there is a theme there is suppose to be booths and costumes for the theme. He addressed sidewalk sales and stated that the merchants displayed new items. Mr. Dominguez explained that at no time have the standards allowed for any used items to be displayed. Councilman Alongi responded that the theme was never a PAGE TWENTY--FIVE - CITY COUNCIL MINUTES - JUNE 8, 1993 condition except when Hot August Night was presented and that was done under different circumstances. He further explained that this would be the same as an Antique Car Show or Antique Wagon Show or something of that nature. He indicated that the sidewalk sale was something completely different than what this request is all about. There is no theme. The merchants who want to display things in front of their store can and there is no fee. The ones who pay are the ones who come in from out of town. MOVED BY WINKLER, SECONDED BY ALONGI TO APPROVE THE STREET FAIRE JULY 24, 1993 . Mayor Washburn then called on the persons who requested to speak as follows: Lynn Lane, 101 S. Main Street, stated that with the new ordinance she and Mr. Zwievel will not be able to promote any more Street Faires. She stressed her objection to this action and stated that she felt the action was done to stop any attempts to promote the Street Faire for personal reasons. She stated that a Street Faire was to the benefit of the Community. Ron 011en, 214 Broadway, stated his disfavor of the Special Events Ordinance. He commented that the Street Faire would be to the benefit of the Community and promote local business. Joy Minion, 21630 Cedar Street, Wildomar, representing the Grand Avenue Mall which participated in previous Street Faires, stated that she felt that the Street Faire was to the benefit of the community as a whole and asked that the Council reconsider and approve the Street Faire. Diane Franks, 22491 Lemon Street, stated that she is proud of the Downtown Area and felt that the Antique Faire was of benefit to the entire community and a good promotion of business. She asked that Council reconsider. Shirley Aundrey, 33245 Lookout Drive, stated that she is a State Licensed Antique Appraiser and feels that the Faire did contribute to the entire community and was a benefit. She asked that all prejudices be set aside and that Council reconsider. Rick Zwievel, 101 S. Main Street, promoter of the Antique Street Faire, questioned the motives of Council and explained that the new ordinance puts them out of business in regard to the Faire. He explained that this function profits every business and brings in potential new merchants. Councilman Alongi asked if there was a fee charged to the local merchants. Mr. Zwievel stated that there was a fee of $40. to each booth to help defer the cost of the Faire. Mr. Alongi stated that this does benefit the Community and that this applicant asked for no waiver of fees and was willing to pay all the way. He further stated that the Ordinance was a first reading and is not in effect and asked the Council to consider this request. PAGE TWENTY-SIB - CITY COUNCIL MINUTES - JUNE 8, 1993 Councilman Winkler stated that he would like to see the applicants get sponsorship of the Fair from the DBA and then bring it back to Council for approval. He indicated he would be more than happy to reconsider the item at that time. He chastized the applicants for their verbal conduct and stated that this only promoted petty disputes on Main Street and should stop. Mayor Washburn stated that it did not have to be the DBA but could be some other organization. He stated that this would be good for the businesses and for the organization as well. Councilwoman Cherveny stated that the Ordinance has not gone into effect and can still be considered. She confirmed the deadline for decision in order to promote the faire as June 15, and stated that she was in favor of approving the project. Councilman Alongi stated that this project should be approved along with the conditions. Councilman Dominguez stated that for the record he has been in business on Main Street for 39 years. Mayor Washburn questioned how the last Faire was perceived by the other local businesses and how the determination was made. City Manager Molendyk stated that there was a petition signed and presented to the Community Services Director. Community Services Director stated that a petition was signed that they were aware of the event. Mayor Washburn stated that if there is another Faire that the petition should state that they are willing to participate or that they didn't have a problem with the event taking place. THE FOREGOING MOTION FAILED WITH A 2 TO 3 VOTE WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. 41. Second Reading - Ordinance No. 954 - Specific Plan 92-1 (Cave of Good Hope)_ - Friendly Group VII . (F: 150.2) MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 954: ORDINANCE NO. 954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADOPTING THE CAPE OF GOOD HOPE (FRIENDLY GROUP VII/K.S. CHEN) SPECIFIC PLAN 92-1. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER 42. Second Reading - Ordinance no. 955 - Specific Plan 93-3 - East PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - JUNE 81 1993 Lake Community Builders and Clarification of Council Direction. (F:150.2) Councilwoman Cherveny requested clarification from Mr. Dan Young regarding the misunderstandings with the letter from the Army Corp of Engineers. Mr. Young of East Lake Community Builders explained the misunderstandings and advised that they have resolved the issue of the project for Eastlake being different from Lake Management. Councilwoman Cherveny questioned if East Lake Builders had resolved the high water mark. Mr. Young explained the process that the Army Corp of Engineers uses and stated that hopefully by the time the Stadium comes before Council this issue would be resolved. Councilman Alongi stated that until there is a letter from the Army Corp of Engineers clarifying this problem along with the high water mark he will not vote yes on the project. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE THE CONDITIONS AND ADOPT ORDINANCE NO. 955: ORDINANCE NO. 955 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE EAST LAKE SPECIFIC PLAN 93-3 (EAST LAKE COMMUNITY BUILDERS/CITY OF LAKE ELSINORE) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 93-3 EAST LAKE 1. Prior to the issuance of any grading permits, the Applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance, and a geo-technical report to the Public Services Director for approval. The geo-technical report will primarily involve assessment of potential soil-related constraints and hazards such as slope stability, settlement, liquefaction, or related seismic impacts where determined to be appropriate by the Public Services Director. The report shall also include evaluation of potentially expansive soils and recommended construction procedures and/or design criteria to minimize the affects of these soils on the proposed development. 2. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - JUNE 8, 1993 3 . Prior to the recordation of a final tract/parcel map or prior to the issuance of any grading permits, whichever comes first, the Applicant shall design the following improvements and provide necessary dedication in a manner meeting the approval of the Public Services Director: e All provisions for surface drainage; and All necessary storm drain facilities to a satisfactory point of disposal for the proper control and disposal of storm runoff. 4 . Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 5. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Community Development Director. 6. Applicants shall incorporate energy-efficient features and passive design concepts, whenever feasible, in the design and construction of the project. 7 . Applicants shall incorporate the use of solar energy and waste heat recovery systems to reduce energy consumption into the project design wherever it is feasible. S. Applicants shall consult with SCE and SCG in the selection of effective energy conservation techniques and the installation of additional, project-related infrastructure. 9. Applicants shall install building and energy conservation measures in compliance with Title 24, CRC Sections 2- 5307 (b) and 2-5452 (i) and (j ) , and Title 20, CRC Sections 1604 (f) and 1601 (b) . 10. The development shall include facilities to promote circulation efficiencies, such as bus stops and turnouts. Plans for these facilities shall be incorporated into the street improvement plans for each development phase. 11. All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the Project so as not to exceed an exterior standard of 60 Ldn in outdoor living areas, and an interior standard of 45 Db CNEL in all habitable rooms. 12 . Public buildings, particularly schools, shall be located in areas free from hazards and safety threatening considerations. 13 . The design of the East Lake project shall meet all Riverside County ]Fire Department standards for fire protection and any additional requirements requested by the County Fire Marshall. 14. Applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. PAGE TWENTY-NINE - CITY COUNCIL MINUTES - JUNE 81 1993 15. The development of park facilities shall be directly linked to the phasing of residential development as further described in the Disposition and Development Agreement. 16. Applicants of future projects within East Lake shall acquire the necessary permits for development, including grading and building permits. 17 . Applicants shall comply with applicable redevelopment and displacement law relative to property acquisitions within the East Lake Specific Plan area. 18. Prior to approval of each tentative map, a fault hazards investigation shall be conducted which will include fault trenching and utilize precursory geophysical methods within areas enclosed by the State of California Special Studies maps, if any structures are proposed in or near these areas. This study shall be provided by the Applicant and shall include discussion of potential hazards on-site associated with Glen Ivy North fault and previously theorized buried en-echelon faults. 19. Due to the known or potential presence of active faults, potentially capable of surface rupture, structures for human occupation shall not be permitted within 50 feet of any capable faults or fault zones now documented or ultimately documented during further geologic/geophysical investigation of the site during the design of tentative maps. 20. Documentation of slope stability shall be required when the type of fill material has been determined prior to issuance of a grading permit. 21. Use of sulphur resistant concrete "Type V" or equivalent with fly ash will be required per Standard Specifications for Public Works Construction for areas containing near-- surface, high-sulfate content soils. 22 . Prior to tentative map approval, the project geotechnical, civil, and structural engineers shall review seismic seiche design parameters and incorporate appropriate design standards into the site plan. 23 . The construction of the portions of East Lake presently below elevation 1265 are conditional upon completion of the IMP components affecting flood control, unless a waiver is granted by the Army Corps of Engineers. 24. Future developers shall prepare a comprehensive Flood Storage, Retention and Operations Plan which provides design level detail on operation of the flood storage system within East Lake. The plan shall be approved by LEMA, Riverside County Flood Control, and the City of Lake Elsinore Public Works. For those areas under the jurisdiction of the Army Corps of Engineers, this plan shall be submitted with the Section 404 permit application. while being implemented, the East Lake project will never reduce the amount of flood storage as PAGE THIRTY — CITY COUNCIL MINUTES — JUNE 8s 1993 provided in the Lake Elsinore Management Project (30.750 acre feet) . If it is determined that additional capacity for flood storage is required at the time of the implementation of Phases 4 or 5, then additional residential and/or commercial development will be converted to Open Space and used as flood storage. Prior to recordation of a final tract/parcel map or prior to issuance of any City grading, building, or construction permits for each development project within the Specific Plan Area, the Applicant and landowner shall enter into an agreement with Elsinore Valley Municipal Water District (EVMWD) granting a flood easement and holding EVMWD harmless from damage to those portions of the property or project which will be located below elevation 1265 feet following completion of the development project. 25. Prior to conducting any dredging in Lake Elsinore, the Applicant shall obtain necessary Federal, State, and County approval. a) Standard toxicity tests shall be conducted of sediments in potential dredge locations. Only locations that pass standard toxicity tests shall be dredged. b) Measures (including the use of silt curtains around dredge equipment) shall be taken to reduce turbidity impacts. The City shall review and approve any turbidity abatement measure developed by the Applicant and the Corps of Engineers prior to initiation of dredging. Dredging shall be monitored to ensure turbidity plumes will only occur around the immediate area of the dredge. c) Measures shall be taken to prevent any release of hydrocarbons into the lake during routine dredging operations as well as uncontrolled accidental spillage of petroleum products into the lake from dredging machinery. Such measures shall include the use of floating oil booms to collect any petroleum hydrocarbons that might escape and to develop a dredging petroleum spill avoidance and contingency plan. 26 . Prior to issuance of grading permits, the Applicant shall develop a Spill Prevention, Containment and Cleanup Plan for potential accidental spills of petroleum prevention products from machinery or above ground storage tanks during construction. 27 . In order to mitigate the potential impacts to water quality from nutrient loading by an emergency overflow of Upper Lake waters to Lake Elsinore, the Applicant shall develop a Lake Management Plan for Upper Lake prior to its construction. Such a elan would outline a water quality sampling and testing program in order to monitor plant nutrient levels in the Upper Lake, and it would describe what lake management options were available to minimize eutrophication of Upper Lake. PAGE THIRTY-ONE - CITY COUNCIL MINUTES - JUNE 81 1993 28 . Applicants for individual projects requiring 401 Water Quality Certification an NPDES construction and storm water permits shall obtain such permits prior to issuance of city grading permits. 29. All construction equipment shall utilize properly working mufflers and be kept in a proper state of tune to alleviate backfires. Stationary equipment such as generators, shall be equipped with noise shrouds and shall be placed as far as possible from sensitive receptor locations. Finally, when working within sensitive areas, portable noise barriers shall be utilized to reduce produced noise to the extent feasible. 30. Contractors shall implement the measures detailed in Section 4 . 6 . 3 . 1 of the EIR to reduce the impacts of exhaust and dust emissions during construction. 31. The impacts of equestrian use shall be mitigated by implementing operational measures including but not limited to regular watering of the facility and daily removal of manure. The Applicant shall demonstrate how these and other measures will be implemented during the design review stage. 32 . Prior to the approval of individual tract maps, future applicants shall incorporate, to the extent feasible, the measures detailed in Section 4. 6. 3 .2 of the EIR to reduce the impacts of mobile and stationary source emissions. 33 . Prior to removal, it shall be determined if the creosote poles on-site contain hazardous materials and any building slated for demolition (namely residences) shall be inspected by an AHERA approved inspector to ascertain if ACMs are present. 34 . The Applicant shall coordinate with the City of Lake Elsinore, the Riverside County planning staff, and California Department of Fish and Game in the design and development of the Multi- habitat Corridor to ensure consistency and compatibility with the regional corridor system. 35. The existing 356 acre wetlands area shall be operated pursuant to Army Corps of Engineers 404 Permit for the Lake Management Plan while all phases of the project are being constructed. 36. The retained open space areas on and adjacent to those portions of Rome hill within East Lake, shall be fenced and signs shall be placed to designate the areas as open space wildlife habitat. This will serve to eliminate off-highway vehicle disturbances and some of the disturbances caused by human intrusion into the natural area. 37. Construction or heavy grading adjacent to Rome Hill and the planned natural open space areas shall not occur during the months of March through July. By avoiding this time frame, impacts to wildlife in the natural areas during the breeding season shall be kept to a minimum. PAGE THIRTY-TWO - CITY COUNCIL, MINUTES - JUNE 8, 1993 38 . Diversion, obstruction of the natural flow, or changes in the bed, channel, or bank of any river, stream, or lake shall require notification to the CDF as called for in the Fish and Game Code. Notification shall be made after the project is approved by the lead agency. 39. A qualified paleontologist shall monitor ground disturbing activities in high potential areas. Monitoring would occur for 2 to 3 hours per week in area mapped as Quaternary Alluvium (Qal) , with increased monitoring activity occurring should fossils be located. A greater monitoring effort of 4 hours per day would occur in the late Pleistocene deposits (Qc) . a) The monitoring paleontologist shall salvage fossils as they are unearthed and remove bulk samples of sediments which may contain small remains, such as rodents, to an off-site location for screen washing. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. b) All specimens removed by the paleontologist shall be prepared to the point of identification and described in a report of the findings, with an appended itemized inventory of the recovered specimens. Specimens would then be accessioned into an established museum repository with retrievable storage. 40. Traffic impacts shall be mitigated in accordance to the measures detailed in Section 4 . 13 .3 of the EIR 41. Recycled water shall be utilized where feasible. Where implemented, recycled water shall be used in accordance with Title 22 , California Administrative Code and is also subject to the requirements and specifications of the Riverside County Health Department, EVMWD and the RWQCB through issuance of an MPDES waste discharge permit. 42 . Applicant shall assist EVMWD in finding additional funding sources for short- and long-term financing for construction of on-site and regional water and sewer facilities. 43 . All development proposals shall be reviewed by the City of Lake Elsinore and Riverside County Fire Department to ensure that adequate fire services are available to serve the development. 44 . The proposed fire station shall follow the standards of the Fire Master Plan. Fire Station location and access shall be approved by the Riverside County Fire Department. 45. Prior to occupancy, the Applicant and the City shall cooperate with the Riverside County Sheriffs Department to ensure that adequate police service will be provided for the project, including mitigation fees, if necessary. 46. The proposed police substation shall comply with all applicable Riverside County Sheriff Department standards. PAGE THIRTY-THREE - CITY COUNCIL MINUTES - JUNE 8, 1993 47. The Applicant shall pay to the Lake Elsinore Unified School District the developer fee in the amount set by State law or as mutually agreed upon with the District pursuant to Condition of Approval No. 77. 48 . Special event traffic control shall be provided during major events at the stadium. 49 . Design of the specific facilities within the Sports Park, such as the equestrian facility, shall be subject to design review by the City of Lake Elsinore and with particular consideration for waste disposal, site drainage, and vector control. 50. Applicant shall ensure adequate utility service prior to occupancy. 51. The Applicant shall comply with all applicable measures as specified by the city including those found in the city programs including the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the county Solid Waste Management Plan and new county Integrated Waste Management Plan. 52 . Development of the new library facility shall conform to applicable RCCPL standards. Applicant shall pay any applicable fees for library services prior to issuance of building permits. 53 . Applicants shall provide all project-related on-site improvements as specified in the Specific Plan. 54. The use of some native vegetation shall be incorporated into landscaping. Native bunchgrasses, wild buckwheat, and coastal sagebrush are examples of native grassland and coastal sage scrub species that shall be utilized so as to create as diverse a plant palette as feasible. Implementation of this measure would partially mitigate for unavoidable impacts of the project on natural vegetation in the area. 55 . Dust control methods shall be employed during construction so as to minimize the amount of dust that could settle on Rome Hill. Implementation of this measure would reduce dust impacts to a nonsignificant level. 56. All future development including tentative subdivision maps shall be consistent with the design standards and guidelines proposed in the Specific Plan. 57 . All future development is subject to the City of Lake Elsinore Design Review process. 58. Three sites, CA-RIV-4042, CA-RIV-4647 AND CA-RIV-4648, require archaeological test excavations to determine their importance. The COE, Los Angeles District, shall conduct test excavations at CA-RIV-4042 and determine that site's importance. 59 . CA-RIV-4647 may be eligible for the Sparse Lithic Scatter PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - JUNE 8, 1993 Program as defined by Jackson et al. (1988) and will require a more extensive test excavation program. 60. If subsurface deposits are found in conducting the excavation of Subsurface Exploratory Excavation Units° (SEEUs) for the Sparse Lithic Scatter Program, CA-RIV- 4648 requires archaeological test excavation to determine its significance under CEQA. 61. The Applicant will work with EVMWD to ensure that there is an adequate supply of water and pressure to meet fire flow requirements. All water mains and hydrants shall be provided in accordance with City of Lake Elsinore Municipal Code, subject to the approval of the Riverside County Fire Department. 62 . Any uses within the East Lake project which involve or generate hazardous waste shall prepare a Hazardous Materials/Waste Handling, Storage, and Disposal Plan for approval by the California Department of Health, Riverside County Fire Department, and City of Lake Elsinore. An emergency evacuation plan shall be prepared for uses which involve hazardous waste. 63 . As a condition of land use approval or land use permits issued under the Specific Plan, Applicant shall be required to grant an aviation easement for airport operations. Aviation easements shall not restrict airport operations, but shall specify the types of activities included within the easement designation. Aviation easements will specifically include reference to airport vicinity effects which include noise impact, accident potential, fly--avers, miscellaneous effects such as potential damage from accidental fuel spills and airport expansions. 64. The Department of Real Estate Report (DRE) and property title reports shall inform prospective buyers of the existence of aviation easements. All properties within the vicinity of the airstrip shall be subject to the aviation easement restrictions. Aviation easements are attached to the title of properties and hence are transferred to subsequent owners. 65. Residential structure and other hazards to aviation (such as light standards) , shall meet FAA Part 77 requirements. 66. Height limits within the clear and approach zones shall recognize the 20: 1 approach and departure slope which is a condition of airport operation as permitted by California Department of Transportation, Division of Aeronautics. 67 . Residential uses within any established airport pattern area shall be limited to suggested densities in the Airport Land Use Planning Handbook or other appropriate planning standard. 68. The approved Final Specific Plan shall be filed in the office of the City Clerk and in the City Planning Division. PAGE THIRTY-FIVE - CITY COUNCIL MINUTES - JUNE 8, 1993 69 . No building shall be constructed, maintained or used other than for the purpose specified in the approved Final Specific Plan as required hereinafter. 70. All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 71. All habitat resources planned for removal, preservation, creation, or enhancement are subject to the review and permit issuance of the U. S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, U.S. Fish and Wildlife Service and Sections 1601-1603 of the State Department of Fish and Game, where these Agencies have jurisdiction. Copies of all permits (404 and 1603) and conditions attached to the permits shall be submitted to the Community Development Director or designee for review prior to the removal of any habitat. 72 . Prior to the issuance of any building permits for residential or commercial land uses, in any particular phase of the project, Applicant shall submit to the Planning Commission for review and approval, a Master Sign Program for all on-site signs in that phase, which shall include but not be limited to commercial identification signs, on-site residential and commercial directional signs, and project area convenience signs. The sign program shall provide text and exhibits in a bound format containing all relevant sign criteria including but not limited to sign construction material, colors, height, and letter style. 73 . Prior to Certificate of Occupancy for any Commercial project that could employ 100 or more persons, Applicants shall submit a Trip Reduction Plan (TRP) . Said TRP shall be reviewed and approved by the City Traffic Engineer. All applicable development shall incorporate facilities and/or programs in their development plans sufficient to attain a 12% work related trip reduction from expected number of trips related to the project as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers (ITE) . Tip reduction shall be calculated in accordance with standards established by the Southern California Association of Governments (SLAG) and/or the South Coast Air Quality Management District (AQMD) . The plan shall address the following measures, taking into consideration the nature, type and use of the commercial development being proposed. a) Preferential parking for the vehicles b) Bicycle parking and shower facilities c) Information centers for transportation alternatives 74 . Applicant shall comply with the City's approved landscaping standards in effect at the time of approval of this Specific Plan with respect to the landscaping in medians, parkways, expanded parkways and adjacent slopes to be maintained by the city or Landscaping Maintenance District. Landscaping and irrigation plans shall be PAGE THIRTY--SIX -- CITY COUNCIL MINUTED - JUNE 8, 1993 approved by the Engineering Department and Cityas Landscape Architect. 75. Except as otherwise provided in the Specific Plan or as otherwise approved by the City Engineer, roadway standards for Lake Elsinore relating to the minimum local street radii, maximum cul-de-sac length, maximum grade and minimum sidewalk width must be followed. 76. Developer shall comply with all mitigation measures identified in the Mitigation Monitoring Program adopted with the East Lake Final E.I.R. 93-3 . 77 . Prior to approval of the first Tentative Tract Map filed by each individual landowner or developer of property within the Specific Plan Area, each such individual landowner or developer shall have entered into a mutually agreeable School Impact Mitigation Agreement with the Lake Elsinore Unified School D ("District") . City shall consider the adequacy of school facilities or available means of equitably financing school facilities to meet the needs and demands of new development proposed in such Tentative Tract Map to be approved by the city. For purposes of this condition, acceptable mitigation provided for in the School Impact Mitigation Agreement may include, but is not limited to the following: a) Construction by the landowner or developer, separately or jointly with other landowners and developers in the Specific Plan Area, of "turn-key" school facilities to be dedicated to the District; provided, that such landowner or developer shall comply with all applicable statutory and legal requirements, including but not limited to the applicable requirements of the State Department of Education, State Allocation Board, Office of Local Assistance, Office of State Architect and the city regarding the construction and dedication of school facilities. b) Utilization of developer fees, Mello-Roos Community Facilities District financing or other special district financing singly or in combination, to fully fund the construction cost of school facilities necessitated by the proposed development. c) Payment or credit toward school fee mitigation to be provided to the landowner for the acquisition of a school site located on such landowneros property. Notwithstanding the foregoing, no school fees or other mitigation requirements shall be required for the construction of municipal facilities including, but not "Limited to, the proposed baseball stadium within the Special Use Area. 43 . Second Reading - Ordinance No. 956 - Approving Development Agreement with East Lake Community Builders (F: 68 . 1) PAGE THIRTY-SEVEN - CITY COUNCIL MINUTES - JUNE 8, 1993 MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 956: ORDINANCE NO. 956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH EAST LAKE COMMUNITY BUILDERS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 44 . Second Reading - Ordinance No. 957 - Boating Rectulations,_ Revised. (F: 92 . 1) MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 957: ORDINANCE NO. 957 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9. 96 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO BOATING REGULATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 45. Designation of Public SafetV Liaison - Re guested by Councilman Winkler. (F: 127. 1) Mayor Washburn appointed Councilman Winkler for a period of two months as the Public Safety Liaison. Mr. Winkler encouraged the citizens to get involved in the Crime Watch Committee and stated that this committee is for the citizens and not a City entity. City Attorney Harper commented on the things that citizens can accomplish and showed a sign that can be used and detailed the civil legal action that can be taken. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Dan Bender, 1157 Laguna, congratulated the Council and Chamber on the success of the rodeo and stated that this a positive action in the community and commended Council for their concern and action PAGE THIRTY-EIGHT - CITY COUNCIL MINUTES - JUNE 8, 1993 regarding the Lake. He asked that a Lake Advisory Committee meeting be scheduled in the near future. Mayor Washburn stated that a letter has already been sent setting a meeting for the Lake Advisory Committee. Peter Dawson, 16010 Grand Avenue, urged the Lake Advisory Committee to get going and commented on private property and launch rights with access to the lake as addressed in the new Boating Ordinance No. 957 and asked the Council to reconsider in regard to the lake level. He asked if the lake was going to be dredged and what effect that would have on the property owners. Marianna Mohylyn, 305 W. Sumner, discussed her concern regarding the mosquito problems which will occur this summer and thanked the City Council for their concern regarding the community. Chris Hyland, 15171 Wavecrest Drive, commended Councilwoman Cherveny for her letter to the Editor and criticized the proposed budget, stating that she is in favor of retaining the kids program and not addressing the church on Main Street. She further stated that the Street Faire should be held because it is a benefit to the community. Edith Stafford, 54 Elm Street, stated that her number one priority is police protection and she is in favor of finding more money for police services. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS None. CLOSED SESSION None. ADJOURNMENT The Regular City Council Meeting was adjourned at 10:55 p.m. to Tuesday, June 15, 1993 , at 3 : 00 p.m. , in City Hall, 130 S. Main Street, Lake Elsinore. Y WASHBURN, MAYOR CI OF LAKE ELSINORE 77,i fully submi ted-G-�L Adria L. D::-yning, Deputy 'ity Cler A TES^T: VICKI KASAD, CITY C ERK CITY OF LAKE ELSINORE MINUTES ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 15, 1993 CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Washburn at 3 : 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. THE CITY COUNCIL MEETING WAS RECESSED AT 3 : 03 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 3 : 24 P.M. BUSINESS/DISCUSSION ITEMS 1. Cooperative Agreement with the Riverside County Flood Control and Water Conservation District regarding the Lake Elsinore Outlet Channel. (F: 68. 1) City Manager Molendyk pointed out that this item had been placed on the agenda because it had also been considered by the Board of Supervisors this date. To be addressed are three issues, one being the $1. 5 million contribution for emergency acquisitions, additional funds for the Outflow Channel work and transfer of City owned property for the project. He noted that staff is working to assure adequate traffic circulation during this project and the San Jacinto Bridge project. Public Services Director Tecca advised that he has met with Steve Stump from Riverside County Flood Control District and reviewed the entire agreement; and they jointly have an understanding of the meaning of the agreement. City Manager Molendyk addressed page 9 of the agreement and questioned the reimbursement discussed and inquired whether the money not used could be used for the Four Corners Storm Drain. Mr. Stump clarified the contingencies. Mayor Washburn questioned the closure of Lakeshore Drive and when the crossing would be removed. He stressed the need to maintain good traffic circulation. Mr. Stump indicated that PAGE TWO — CITY COUNCIL MINUTES -- JUNE 15s 1993 it would not be removed until the Graham Street crossing is complete. Mayor Washburn inquired whether it would be possible to phase the removal to occur even later. Mr. Stump indicated that was very likely that it would be moved later anyway. Mayor Washburn stressed the need for staff to retain that understanding in working with the District. City Manager Molendyk questioned the next step and whether the contract would still be awarded in August. Mr. Stump detailed the process from this approval, noting that the Corps of Engineers currently has the plans and specification being duplicated. He further explained that there would be a Notice to Proceed and issuance of Right of Entry Certifications and approval for the Corps to advertise for bids. Mayor Pro Tem Dominguez questioned the time frame. Mr. Stump indicated that the advertisement should go out on the 16th or 17th, with bids opened 30 days later and award of the contract within another 30 days, with the notice to proceed issued. He suggested that work should begin before the end of August. Mayor Washburn addressed the City property to be used and inquired whether this project would take the entire lots. Mr. Stump indicated that the channel right-of-way has been defined and the request is for fee title to the portion for the project only. He indicated that the balance of the rights would be returned when the project is complete. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT AS PRESENTED AND AUTHORIZE THE MAYOR TO SIGN. 2 . 1993-94 Fiscal Year Budget. (F:30. 1) City Manager Molendyk suggested that this item be deferred to a Study Session on July 1, 1993 , at 2 :00 p.m. He stressed the importance of participation of all five Councilmembers in the budget process. He noted that there was not State law requiring that the budget be adopted for July 1. He suggested that if the July 1 Study Session is successful he would see agendizing the final approval for the July 13th Council Meeting. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DEFER THIS DISCUSSION TO JULY 1, 1993 , AT 2 : 00 P.M. , IN THE PLANNING DEPARTMENT CONFERENCE ROOM OF CITY HALL. 3 . The Lake. (F: 92 . 1) City Manager Molendyk noted the heavy rains of the past winter and its impact on the exceptionally heavy algae bloom currently being experienced. He noted previous approval to contact outside sources for information and advised that staff has been in contact with representatives of the Metropolitan Water District and a Limnologist. He noted that staff had copper sulfate applied over the weekend, however, that is only a short term solution. He noted that the use of bacteria is a better long term solution. He further noted that other local agencies do not have as much confidence in the bacteria PAGE THREE - CITY COUNCIL MINUTES - JUNE 15, 1993 solutions, as they do have longer term benefits, however there is not enough data available to establish a track record. Manager of Special Projects Watenpaugh noted his meetings, since the last Council meeting, with limnologists. He noted that samples had been taken and it was determined that the existing algae is of the strains commonly known as "Annie", "Frannie" & "Mike" ; which are all single cell organisms. He detailed the available products and their potential solutions for addressing the algae. He stressed that the application of copper sulfate would need to occur frequently to solve the problem. He suggested that Council wait to make a decision until additional information can be received and reviewed, however, he is looking toward support of bio-augmentation. Councilman Winkler questioned the information pending. Mr. Watenpaugh indicated that it was anticipated to be here already. City Manager Molendyk noted that with copper sulfate it would be $300, 000 for one application with no guarantees; and the potential need of two applications this summer because of the extraordinarily heavy algae. He indicated this could cost $600, 000 plus the cost of dead fish removal and fish replacement. He also indicated that Bac-Terra would cost $400, 000 for the entire lake, with a longer anticipated effectiveness. He detailed possible alternative uses of a combination of both products. He inquired whether a Special Council Meeting would be appropriate following the receipt of additional information. Mr. Watenpaugh detailed the process for additional information and indicated it should be available by Thursday morning, July 17th. Mayor Pro Tem Dominguez indicated that copper sulfate has been used previously and did not kill the fish. He indicated that the fish would tend to die anyway. Mr. Watenpaugh indicated that previously it was used in all of Canyon Lake, however it is now used only in certain areas, as it was negatively impacting the fish. Councilman Alongi inquired how long it would take for the treatments to take effect and whether treatment could instead occur in the Spring of next year. He suggested that treatment might be less expensive in the Spring. Mr. Watenpaugh indicated that Bac-Terra application could start tomorrow and within 7 to 10 days there would be major improvement. He further indicated that copper sulfate could be applied fairly quickly, however the timing would depend on the availability of an applicator. He noted that this would require closing down a portion of the lake for 12 to 24 hours. He detailed alternative forms which could be applied without closure of the area. He noted the difficulty in knowing exactly what the results would be, in that the lake has not been managed previously. City Manager Molendyk noted that no one is aware of such an early algae bloom this early in the year, and expressed concern with the full potential for the summer. Mayor Washburn questioned whether the problem algae was more PAGE FOUR - CITY COUNCIL MINUTES - JUNE 15, 1993 on the surface or in other areas. Mr. Watenpaugh indicated that it had spread to the entire lake, however blue-green algae generally only goes to depths of 3 to 6 feet. City Manager Molendyk stressed the uncertainty of how long copper sulfate treatments will last, and the limnologist comments that the bacteria would appear to be the best way to address it. Mayor Pro Tem Dominguez commented on the success of previous copper sulfate applications. Mr. Watenpaugh noted that a number of private citizens had offered their assistance in applying the treatment. Councilman Alongi questioned the algae in the inflow channel. Mr. Watenpaugh indicated that he would presume that to be part of the lake. Councilman Alongi questioned the impact of this treatment on the fish. Mr. Watenpaugh indicated that there is a great divergence of opinion on this question. Councilman Winkler suggested returning with a report in a day or two, noting that his opinion was the bacteria should be used. City Manager Molendyk questioned the possibility of a meeting on Thursday afternoon. Mayor Washburn noted the necessary review to be done. City Manager Molendyk indicated that he understood the direction to return for a decision, but requested the Council's opinion on treating the shoreline again over the weekend with copper sulfate. Mr. Watenpaugh indicated that this application would be just under $5, 000 including the equipment and supplies. He noted that the previous application did make a difference, and people had been pleased to see improvement at least temporarily. Councilman Winkler suggested that this matter be continued to a special meeting on Friday, June 18th at 9 : 00 a.m. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS MATTER TO A SPECIAL MEETING ON FRIDAY, JUNE 18TH AT 9 : 00 A.M. IN THE PLANNING DEPARTMENT CONFERENCE ROOM OF CITY HALL. Mayor Pro Tem Dominguez indicated that he would like photographs taken of the official signing of the agreement with the Flood Control District. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJO THE ADJOURNED REGULAR CITY COUNCIL MEETING AT 4 : 06 P.M. TO FRIDAY UNE 18, 1993, AT 9: 00 A.M. /?l_ X�4, �—, GARY WASHBURN, MAYOR CITY LAKE ELSINORE A TEaST, ID, CITY CLERK CITY OF TAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 22, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Alongi. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS B. Proclamation - Barton Del Rio - World Tae Kwon Do Champion. (F: 122 . 1) Mayor Washburn read the Proclamation and presented it to Mr. Del Rio and congratulated him on his accomplishments. Mr. Del Rio thanked the Council for this recognition, his wife for her support, his martial arts students for their support and his boss at Caldwell Banker for his flexibility in allowing him time to participate in these events. C. Proclamation - Amateur Radio Field Day. (F: 122. 1) Mayor Washburn read this Proclamation and presented it to Mr. Frederick Finke on the behalf of all local Amateur Radio operators. Mr. Finke thanked the Council for this recognition and commented on the upcoming ➢'Field Day" which is part of a national exercise in preparation for emergency situations. A. Presentation - Downtown Video. Mayor Washburn explained that this is a new video designed to help promote the downtown area and highlight the recent improvements. The video was presented. PAGE TWO — CITY COUNCIL MINUTES — JUNE 22s 1993 PUBLIC COMMENTS — AGENDIZED ITEMS None Requested. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 and 3 . MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - June 8 , 1993 . (F:44 . 4) 4 . Approved a three year Cooperation Agreement with the County of Riverside for the 20th, 21st and 22nd Community Development Block Grant Program years and authorized the Mayor and City Clerk to execute the agreement. (F:84 . 2) ITEMS PULLER FROM CONSENT CALENDAR 2 . L.E.A. F. Animal Control Activity Report - May. 1993 . (F: 18. 2) Councilman Alongi noted that the statistics for animals turned in by owners and animals euthanized are beginning to climb again. He also noted that surrounding communities are seeing increases as well. He stressed the cost of dealing with these animals and encouraged the Community to reduce those statistics. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE L. E.A. F. ANIMAL CONTROL ACTIVITY REPORT FOR MAY, 1993 . 3 . Warrant List - June 15, 1993 . (F: 12 . 3) Councilman Alongi commented on Warrant No. 31843 and inquired whether it pertained to the launch ramp at Lakepoint Park. He indicated that he would like to see a separate accounting of funds spent on the Lake. He also commented on Warrant No. 31877 and inquired whether it would be possible to more clearly identify the purpose of each item. He noted that his understanding was that the Structure Abatement program was funded by the Redevelopment Agency and indicated that it should appear on the Redevelopment Agency listing. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. PUBLIC HEARINGS 21. Specific Plan 90-1 Amendment No. 1 and Commercial Project 90-6 Revised - Lake Elsinore Outlet Center -- Ordinance No. 960. (F: 150 . 2) City Manager Molendyk detailed this request for expansion of the existing plans. He indicated that he had received a question regarding adequate parking and upon checking, sufficient parking is proposed as part of the plan. PAGE THREE - CITY COUNCIL MINUTES - JUNE 22, 1993 Kenny Smith, representing McArthur Glen Group, showed photographs of the existing buildings and noted that the additional areas will be of the same type and design. He presented a site plan and renderings of the requested additional 70, 000 square feet of space with approximately 18 additional stores. He noted an area being left natural on the site. City Manager Molendyk clarified that the portion of the site left natural is for mitigation of wetlands as required by the Department of Fish and Game. He commended Mr. Smith on the existing project and the proposed expansion. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:25 p.m. asking those persons interested in the project to speak. Hearing no one, the public hearing was closed at 7 : 26 p.m. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION 93-3 ; APPROVE SPECIFIC PLAN 90-1 AMENDMENT NO. 1 AND APPROVE DESIGN REVIEW FOR COMMERCIAL PROJECT 90-6 (REVISED) ; BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS - SPECIFIC PLAN 90-1 AMENDMENT NO. 1 1. The Specific Plan Amendment meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2 . Development regulations provided in the City Zoning Code shall apply, unless specified in the Specific Plan Amendment. Approval of the amendment shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore Municipal Code, except in those areas where the amendment specifically applies. 3 . The Specific Plan Amendment complies with the California Environmental Quality Act. All adverse impacts have been adequately mitigated to levels of insignificance. 4 . The Specific Plan Amendment will not be detrimental to the health, safety, comfort or general welfare of the persons visiting or working within the neighborhood of the project area, nor will it be injurious to property or improvements in that area or the City because of the amendment, mitigation measures contained in the Mitigated Negative Declaration, and Conditions of Approval. FINDINGS - MITIGATED NEGATIVE DECLARATION 1. The Mitigated Negative Declaration meets CEQA and the City's requirements for environmental evaluation of a project of this nature. PAGE FOUR - CITY COUNCIL MINUTES - JUNE 22, 1993 2 . The Mitigated Negative Declaration was submitted and reviewed in accordance with CEQA and procedures established by the City of Lake Elsinore. FINDINGS - COMMERCIAL PROJECT 1. The proposed design implements the plans and design guidelines of Specific Plan 90-1 Amendment No. 1. 2. The project complies with the goals, objectives and policies of the General Plan and the zoning district in which the project is located. 3 . The project complies with design directives contained in Chapter 17.82 . 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4 . Conditions and safeguards pursuant to Chapter 17 . 82 .070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17 . 82 and the planning district in which the site is located. CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 90-1 AMENDMENT NO 1 1. Design of the Outlet Center shall meet all standards and guidelines contained in Specific Plan 90-1 Amendment No. 1. 2. Mitigation measures contained in the Mitigation Monitoring Program for the project shall be implemented in accordance with the program. 3 . The applicant shall undergo the City's design review process again, if the project's site plan is later revised to allow development of the on site wetlands as parking area. 4 . If the on site wetlands are developed, the applicant shall provide replacement mitigation area off site, in accordance with requirements of the California Department of Fish and Game and the U.S. Army Corps of Engineers. CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90_6 (REVISED) 1. The applicant shall either continue to implement and/or comply with those conditions that were approved with the original Outlet Center Specific Plan 90-1. 22 . 1993-94 Fiscal Year Budget Public Hearin . (F:30. 1) Mayor Washburn noted that one additional workshop is proposed for this year's Budget. City Manager Molendyk noted that the State Budget was adopted on Monday and more specifics will be available for the workshop which has been set for July 1, 1993 , at 2 : 00 p.m. PAGE FIVE - CITY COUNCIL MINUTES - JUNE 22, 1993 MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS PUBLIC HEARING TO THE NEXT REGULAR CITY COUNCIL MEETING JULY 13 , 1993 , TO ALLOW FOR THE FINAL WORKSHOP ON JULY 1, 1993 . 23 . Public Hearing on Fiscal Year 1993-94 Citywide Lighting and Landscaping District - Resolution No. 93-35. (F:22.2) City Attorney Harper explained this item and noted that it is for the annual levy of assessments. He further noted that no rate increase is contemplated for this year's program. Mayor Washburn opened the public hearing at 7:27 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7 : 27 p.m. Councilwoman Cherveny questioned the original establishment of this District and the stipulation that senior citizens would qualify for a 50o rebate. She noted that it was originally limited to people who were senior citizens on that date and not available to those becoming seniors after that date. She inquired whether it would be possible to exempt all senior citizens, noting that she has been contacted by a number of seniors. City Attorney Harper confirmed that it could be applied across the board, however it might be appropriate to investigate why the Council did not take that action previously. He indicated that this approach is generally used to phase in an assessment. Councilman Winkler noted that when originally established the requirements for eligibility were set to assist those long term residents already living in the Community, as new residents are advised of the assessment before they purchase. He further noted that in checking with the Finance Department, there are currently 35 residents taking advantage of this rebate. Councilman Alongi read the existing Council Policy for Senior Citizen Rebates and indicated that he would like to see this apply to any senior citizen, noting that he does not want to discriminate against new residents. He noted that in general senior citizen discounts are applied to all seniors. City Attorney Harper clarified the legal difficulties and justification for not having exemptions apply across the board. Mayor Washburn noted that to date the rebates have seemed to work fine. Councilman Alongi expressed concern that most people don't understand the existing policy. He noted that he would have no concern with limiting the rebate to property owners only. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ADOPT RESOLUTION NO. 93- 35 CONFIRMING THE 1993-94 ASSESSMENTS WITH NO INCREASE. Councilwoman Cherveny questioned the ability to include a provision regarding the senior rebates in the resolution. Councilman Winkler indicated that he would not mind reviewing PAGE SIX - CITY COUNCIL MINUTES - JUNE 22r 1993 that matter further, but he would still limit the exemptions to those who owned property at the time the District was formed. City Attorney Harper clarified that this Resolution was adopting the Engineer's Reports however if the resolution is approved, it could be brought back later for amendment, since no one would be paying this assessment before December loth. Councilman Winkler called for the question. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. Mayor Washburn requested that the City Manager review the senior rebate program and determine the potential impact of expanding the program. Councilman Alongi expressed concern in light of improvements on the Lake and questioned whether newcomers should be required to pay more. 24. Determination of Vicious Dog - _17116 Gunnerson. (F: 18. 1) City Manager Molendyk explained this item regarding a brown male pitbull, at 17116 Gunnerson Avenue, owned by Rick Callirgos and Yolanda Triana. Willa Bagwell, representing L.E.A.F. , explained they were called out on June 16, 1993 , because this pit bull was chasing a girl and her mother down the street; and the indication was that this has occurred previously. She further explained that the dog attempted to attack L.E.A.F. representatives as well. She showed the Council the chain the dog was dragging behind it, which she estimated to weigh 30 pounds. She expressed concern that the owners have no fence around their yard and children and other animals can approach the dog. She noted that the owners do have a sign posted that there is a vicious dog. She further noted that since the dog has been at the shelter it has continued to act viciously. She indicated that she feels the dog should be in a Kennel. The girl who was chased by the dog detailed the incident in which the dog chased her mothers car. She expressed concern in that children walk through that area. Rick Callirgos and Yolanda Triana, owners of the dog indicated that they had been out of town and the dog broke loose because it was alone. Ms. Triana indicated that if similar incidents had occurred she had not been informed of them. She detailed the configuration of her property and indicated that the dog protects the property. She advised that the dog is usually double chained to where it can not get within 6 to 8 feet of walkways. Mr. Callirgos indicated that the dog is not vicious, noting that he has children and others visit. He suggested that the dog has acted poorly at the shelter because it is alone. He indicated that he was not aware of how the dog broke the chain, noting that there was not evidence of the chain being broken. He indicated that he would be willing to follow set guidelines for another chance to keep the dog. PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 22, 1993 Councilman Winkler inquired whether other reports had been received by L.E.A.F. Ms. Bagwell indicated that the dog had bitten and animal control officer in another city. Mr. Callirgos advised that the dog did bite the officer, however the of f icer had moved to pet the dog to quickly and was at fault. Councilman Winkler inquired whether other reports had come to L.E.A.F. Ms. Bagwell indicated that there had only been reports of a dog matching this description running loose in this area. Councilman Winkler questioned the documentation presented and whether the dog was to be deemed vicious or potentially dangerous. Ms. Bagwell clarified that the petition is for a finding of potentially dangerous only because the dog has not bitten yet. Mayor Washburn inquired what L.E.A.F. 's recommendation would be. Ms. Bagwell indicated that she would recommend that the dog be housed in a kennel behind a fence. Mayor Pro Tem Dominguez noted the photographs and information provided and indicated that the yard is not fenced, the dog is running loose and is not licensed. He inquired whether the dog has had its shots. The owner indicated that the dog is not yet licensed because they just recently moved in. Ms. Bagwell indicated that she has previously contacted the owner and requested that they provide water and shade for the dog and license it. Councilwoman Cherveny inquired how long the owners had lived in the City. They indicated they had moved in two months ago. Councilman Alongi expressed concern that this dog is improperly fenced and confined. He stressed the need for the dog to be confined, because keeping it on a chain does not provide safety for the public. He recommended that the dog be properly confined or destroyed. Councilman Winkler indicated that he would concur with declaring the dog vicious. Ms. Bagwell questioned the period of time the Council would want L.E.A.F. to hold the dog. Ms. Triana inquired whether the requirement would be to provide fencing and a kennel. Councilman Alongi noted that the kennel should have a cement slab to prevent the dog from digging out. He noted the difficulty for L. E.A. F. to board and feed dogs for a long period of time. Mayor Washburn clarified the recommendations of L.E.A.F. Councilman Winkler questioned a reasonable time limit for the owners to provide adequate facilities. Ms. Bagwell indicated that L.E.A.F. has already had the dog for 7 days, but they could probably house it for an additional week. PAGE EIGHT a CITY COUNCIL MINUTES e JUNE 22, 1993 Councilman Alongi stressed the space limitations at the animal shelter. Ms. Bagwell indicated that these requirements were expressed to the owners 5 days ago and to date nothing has been done. Councilwoman Cherveny questioned the willingness of the owners to build a kennel. The owners advised that they would build one, but more time would be needed. They further advised that they had offered to neuter the dog to calm it down, as discussed with a veterinarian, however they had been given only 3 or 4 days notice of this hearing. Councilwoman Cherveny inquired whether the owners had approached a veterinarian because of previous aggressiveness. The owners indicated they had only mentioned it when in for a regular veterinarian visit. Councilman Alongi indicated that he would not be in favor of releasing the dog back to the owner, however, a muzzle might be adequate until a kennel can be built. Councilwoman Cherveny noted that the dog must appear to be very aggressive and vicious or L.E.A. F. would not feel so strongly. She stressed the animal control officers compassion for animals. She inquired whether two weeks to build the kennel would be adequate and whether they would be willing to pay room and board to L.E.A.F. The owners indicated that they could not afford to pay this. Councilman Alongi expressed concern that this dog could endanger the other animals. The owner indicated they would muzzle the dog and keep it inside. Councilwoman Cherveny stressed that she does not want to see further problems and does not want to regret a decision to allow the owners another chance. She also stressed the need to follow the recommendations of L.E.A.F. as the City's animal experts. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO DECLARE THE DOG POTENTIALLY DANGEROUS AND GIVE THE OWNERS TWO WEEKS TO BUILD A SUITABLE FACILITY; AND FURTHER THAT THE DOG NOT BE TURNED OVER TO THE OWNERS UNLESS IT IS LICENSED AND NEUTERED AND ALL FEES ARE PAID. Councilman Alongi expressed concern that the animal might still escape. Councilman Winkler stressed that the dog should not be released until the owner has provided facilities with which L.E.A.F. representatives feel comfortable. Ms. Bagwell indicated that she would have no problem with the dog being in the house, but stressed the need for the dog to be in a kennel within a fence otherwise. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Notice of Completion for Asphalt Rubber Chip Seal and PAGE NINE - CITY COUNCIL MINUTES - JUNE 22, 1993 Miscellaneous Street Improvements. (F: 156. 1) City Manager Molendyk commented on this project. Councilman Alongi inquired whether the contractor was present. He indicated for the record that this work had been done very well. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION AND AUTHORIZE RECORDATION. 32. Chancre rder No. 3 for the Phasel397XI71znk Sewer in Machado Street, Le Gaye Street, Soisons Street, Lincoln Street and Terra Cotta Road, West Lake Elsinore Community Facilities District 88-3 . (F: 22 . 3) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 3 FOR THE PHASE II TRUNK SEWER AS DETAILED ABOVE. Councilwoman Cherveny noted that she was please to see a change order which included two decreases. 33. Notice of Completion for the Phase II Trunk Sewer in Machado Street, Le Gave Street, Soissons Street, Lincoln Street and Terra Cotta Road West Lake Elsinore Community Facilities District 88-3. (F: 22 . 3) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION AND AUTHORIZE RECORDATION. 34. Sheriff Contract - Facility Charges. (F: 127.2) (X: 68. 1) City Manager Molendyk commented on the loss of revenues at the County as well as the City level, caused by the State budget adjustments. He explained that two years ago the booking fees were passed on to the City at a rate of about $100, 000 per year. He further explained that this year the facility maintenance costs are being passed on. He noted that this is a total increase of $134 ,000 without additional officers. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THIS CONTRACT AMENDMENT. Mayor Washburn questioned the ownership of the building in which the Sheriff's Department is housed. Mayor Pro Tem Dominguez indicated that it is owned by the City. Mayor Washburn indicated that he would not mind approving this item subject to verification of ownership. Administrative Services Director Boone indicated that it was his understanding that the City does not own it. He further indicated he would check for a land lease. City Manager Molendyk suggested that this item be tabled for further investigation. THE FOREGOING MOTION WAS WITHDRAWN. PAGE TEN - CITY COUNCIL MINUTES -- JUNE 220 1993 MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM FOR TWO WEEKS. 35 . Fire Protection Agreement - Fiscal Year 1993-94 . (F: 127. 3) (X: 68 . 1) City Manager Molendyk indicated that this was part of the existing agreement for fire services. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM UNTIL AFTER THE BUDGET WORKSHOP. 36. State Budget Impact - Riverside County Fire Services - Withdrawal from Structural Fire Tax Fund. (F: 127. 3) City Manager Molendyk explained that a series of meetings have been held between local contract cities and the County Fire Department to consider potential benefits of withdrawing from the Structural Fire Tax Fund. He noted previous Council action on February 23, 1993 , on this matter which supported this withdrawal. He advised that based on the provisions of the State budget adopted this week, the recommendation would now be to remain in the District. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RESCIND PREVIOUS ACTION TO WITHDRAW FROM THE STRUCTURAL FIRE TAX FUND AND REMAIN A PART OF THIS DISTRICT. 37. Second Reading - Ordinance No. 958 - Specific Plan No 90-2 - North Peak. (F: 150. 2) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 958: ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT #1 TO THE NORTH PEAK SPECIFIC PLAN (SP 90-2) (TMC COMMUNITIES) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 38. Second Reading - Ordinance No. 959 - Special Events Permit Process. (F: 151. 1) MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 959: ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGARDING SPECIAL EVENT PERMITS. UPON THE FOLLOWING ROLL CALL VOTE: PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 22, 1993 AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 39. Lake Maintenance & Operations. (F:92. 1) Mayor Washburn noted the Council action on June 18, 1993, authorizing staff to proceed with a contract to clean up the algae. City Manager Molendyk noted that the Council had also hired Dr. Sutton to assist in reviewing the biological recommendations. He advised that the estimated cost at this time is $343 , 000 and the contract should be signed this week with application to start on approximately June 28th and be completed by July 2nd. Councilman Alongi inquired whether the County had been asked to contribute to the clean up. Mayor Washburn indicated that he had prepared a letter on behalf of the Council to the Supervisor's Office. 40. Eastlake M.O.U. -- Discussion requested by Councilman Winkler. (F: 134. 10) (X: 134 . 7) Councilman Winkler noted the Water District Meeting held this date and the agreement which they approved. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE THE AGREEMENT. Councilman Winkler noted that the most significant issue was the guarantee of no litigation on the E.I.R. Councilwoman Cherveny questioned why the City was a party to this agreement rather than just the developer and the Water District. Mayor Washburn advised that the City is a party because it certifies the E.I.R. Mayor Washburn questioned the need for City or Redevelopment Agency verbiage. City Attorney Harper clarified that most issues are areas of City legal authority. Councilwoman Cherveny questioned page 2 of the agreement with regard to the 31, 000 acre feet of water, while the Development Agreement indicates 27,000. Mayor Washburn clarified that it will ultimately depend on the flood control district criteria, as their approval is needed to proceed. City Attorney Harper advised that as a practical matter this would make no difference. Councilwoman Cherveny questioned page 4 of the agreement regarding the Hex 4 Study at a cost of $20,000. City Manager Molendyk clarified that this cost would also include the inundation maps. Mayor Washburn questioned page 7 of the agreement regarding water rights, and whether it would only be tied to the PAGE TWELVE -- CITY COUNCIL, MINUTES -- JUNE ,22-0. 1993 tentative maps for this project. City Attorney Harper confirmed that it would pertain only to this project. Councilwoman Cherveny inquired whether the Stadium would be subject to the water right issue. City Attorney Harper clarified that while it was part of this project, it is not part of a tentative map. He noted that there are still matters to be clarified, because the stadium is a City project on City property as opposed to the developer. Councilwoman Cherveny clarified that the stadium is a Redevelopment Agency project. Councilman Alongi questioned who would pay for the Hex 4 Study. City Attorney Harper indicated that the developer will. Councilman Alongi commented that he felt this agreement was unnecessary and expressed concern with third party involvement in the project. He noted the City's responsibility to ensure that the 33 ,780 gallon storage capacity will be preserved at all times. City Attorney Harper clarified the City's obligation. Councilman Alongi indicated that issue should be part of the E. I.R. , not part of the report. City Attorney Harper indicated that this was not an accurate statement. Councilman Alongi expressed concern that this document is one of distrust on the part of the Water District. Councilman Alongi noted the comments of the Mayor on page 7 regarding water rights and questioned why the City would give them up. Mayor Washburn advised that it was part of the Agreement to Fill and Operate. Councilman Alongi suggested that this item be postponed to allow for further investigation. He addressed comments in the Californian and expressed opposition to this M.O.U. He suggested that the section regarding arbitration should make the party responsible for and wrongs, responsible for costs. Councilman Winkler called for the question. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. CLOSED SESSION None. PAGE THIRTEEN - CITY. COUNCIL MINUTES - JUNE 22, 1993 ADJOURNMENT The City Council Meeting was adjourned at 8 :24 p.m. to June 29, 1993, at 2 :00 p.m. for a Special Meeting regarding the Municipal Stadium. GAR M. WASHBURN, MAYOR CI OF LAKE ELSINORE AT EST; "�tLTO-zej VICZI KASAD, C--TY CLERK CITY OF I-AKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 13, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Manager Best, Engineering Manager O'Donnell, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS CEREMONIALS A. Presentation - Hugh Walker. (F: 55 . 1) Mayor Washburn commented on Mr. Walker's work during the County Centennial Celebration planning and explained that Mr. Walker represented the City on the County's Centennial Commission. In addition, he noted the contributions of Mrs. Walker to the same work. He detailed Mr. Walker's ongoing contributions to the Community over a long period of time including business owner, Planning Commissioner, City Council Member and School Board Member. Mr. Walker thanked the Council for this recognition and noted that the Commission would continue to meet for approximately two more months in follow-up to the celebration. B. Lake Update Video. (F:92 . 1) Staff showed a video detailing the increasing use of Micro- organisms such as have been used in the Lake. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to the appropriate time on the agenda: Item Nos. 10, 13, 21 and 22 . PAGE TWO - CITY COUNCIL MINUTES - JULY 13, 1993 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 7 , 8, 9 and 10. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0, WITH WINKLER ABSTAINING TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special Joint City Council/Redevelopment Agency Meeting - June 3 , 1993 . (F:44.4) b. Adjourned Regular City Council Meeting - June 15, 1993 . (F:44 . 4) C. Adjourned Regular City Council/Redevelopment Agency Meeting - June 18 , 1993 . (F:44.4) d. Regular City Council Meeting - June 22 , 1993 . (F:44.4) e. Adjourned Regular City Council/Redevelopment Agency Meeting - June 29, 1993 . (F: 44 .4) 2 . Received and ordered filed the Building Activity Report for June, 1993 . (F: 32.4) 3 . Received and ordered filed the Code Enforcement Activity Report for June, 1993 . (F: 54. 1) 4. Received and ordered filed the Investment Report for June 30, 1993 . (F: 12. 5) 6. Rejected and referred to Claims Administrator the Claim Against the City submitted by Amaro Construction (CL #93-13) . (F: 52 . 2) 11. Approved Outlet Channel/Riverside County Flood Control District Request for Lease of Property; authorized staff to negotiate a lease for the City owned parcel, adjacent to Crowbar Wrecking, for a term to expire in 1996. In addition, the parcel is to be screened, fenced and meet any additional conditions currently placed on the business before the site is to be used. (F: 68 . 1) 12 . Approved Proclamation. for State Tourism Month - July, 1993 . (F: 122 . 1) 13 . Approved Public Hearing Date of July 27, 1993, for the following: a. Specific Plan 92-3 , Environmental Impact Report 92-1, General Plan Amendment 93-1 and Annexation No. 62 - Good Land Investment - The Western Company (K.S. Chen) . (F: 150. 2) ITEMS PULLED FROM CONSENT CALENDAR 5. Warrant List - June 30, 1993 . (F: 12 . 3) Councilwoman Cherveny requested a breakdown and status of the Lake Enterprise Fund. Administrative Services Director Boone PAGE THREE - CITY COUNCIL MINUTES - JULY 13, 1993 advised that a memo was presented to Council for clarification and detailed the warrants issued relating to the Lake. Councilman Alongi inquired whether it would be possible to provide separate accounting for this fund. Mr. Boone indicated that he could provide a separate listing similar to that provided for Community Facilities District 88-3 . MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH ABSTAINING TO RATIFY THE WARRANT LIST AS PRESENTED. 7. Extension of Time for Tentative Tract Map No. 25171 and 26459 , Courton & Associates located adjacent to the Rams ate Specific Plan Area. (F: 160. 2) Councilwoman Cherveny indicated that she pulled items 7 and 8 to determine whether any fees were due the City on these projects. Administrative Services Director Boone indicated that there were no fees due. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 3 TO 0 WITH WASHBURN AND WINKLER ABSTAINING TO GRANT A TWENTY FOUR MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 25171 AND TENTATIVE TRACT MAP 26459 WHICH SHALL EXPIRE SEPTEMBER 24, 1995, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS - TENTATIVE TRACT MAP NO. 25171 & 26459 1. Substantial progress toward the development of this Tract Map has taken place. 2 . Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare 3 . The project as proposed and conditioned is consistent with the Goals, Policies and Objectives of the General Plan. CONDITIONS OF APPROVAL FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 25171 REVISED AND TENTATIVE TRACT MAP 26459 Planning Division 1. Tentative Tract Map 25171 Revised and Tentative Tract Map 26459 are approved subject to the approval of General Plan Amendment 91-4 and Zone Change 91-6. 2 . Tentative Tract Map 251717 Revised and 26459 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3 . Signage for this subdivision shall require City Permits. 4 . Prior to the recordation of any final tract map, PAGE FOUR - CITY COUNCIL MINUTES - JULY 13, 1993 applicant shall have entered into a school impact mitigation agreement with the school district, or prior to recordation of any final tract map the project shall have been included within the formation of CFD 91-1 to be formed by School District at its cost, or annexed to CFD 91-1 to be formed by School District at its cost, or annexed to CFD 91-1 subsequent to its formation. City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved by the City. 5. Street names within the subdivision shall be approved by the Planning Division. 6. Bicycle lanes and bus turnouts are to be provided subject to the requirements of the Community Services Director or his designee. 7 . Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Planning Manager. 8 . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 9. Trailers or mobile homes utilized during the construction phase of this project shall require a bond and be subject to approval of the Planning Manager or designee, prior to issuance of grading permit. 10. The developer shall establish a Homeowners Association prior to Final Map to manage and impose fees to maintain all slopes, common areas, open space, private drainage facilities, grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Planning Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. 11. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the PAGE FIVE - CITY COUNCIL MINUTES - JULY 13, 1993 approval of the Planning Manager and the City Attorney, prior to recordation o any deeds or final map. CC & 's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 12 . House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. The model complex must provide off-street parking and one model must incorporate xeriscape landscaping with identifying signage. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 13. Interim and permanent erosion control measures are required. The applicant shall bond 120% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 14. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 15. All project mitigation measures, as specified by the adopted EIR and its mitigation monitoring program is required to be implemented into the project in accordance with the times specified in the mitigation monitoring program as amended by these conditions of approval. 16. A noise analysis to determine noise impacts of proposed Elsinore Ridge Road is required prior to final map. 17. Developer shall participate in a Mello-Roos financing District or other financing mechanism for the Railroad Canyon - Interstate 15 fire station facility. Proof of participation is required prior to Final Map. 18. Additional environmental review in accordance with the CEQA guidelines is required prior to Final Map approval for the construction of any off-site roads. 19. Prior to final map an agreement between State Fish and Game and the Army Corps of Engineers for section 1600 and 404 permits shall be obtained for impacts to the blue line watercourse and Mulefat Scrub habitat. 20. Prior to issuance of grading permits shall pay any required Stephen's Kangaroo Rat fees of the species habitat conservation program. 21. A focused spring survey to determine sensitive PAGE SIX - CITY COUNCIL MINUTES - JULY 13, 1993 plant species prior to final map is required. Future mitigation may include avoidance (site redesign) , transplanting, purchase of occupied habitat, propagation programs etc. . . , and/or as recommended by State Fish and Game. If redesign is required it shall come back to the Planning Commission. 22 . A focused survey for the San Diego Horned Lizard and Orange Throated Whiptail prior to final map is required. Surveys for this species shall focus on ridge tops and canyon bottoms. Mitigation shall be that required by the California Department of Fish and Game. 23 . Developer shall participate in any AB 939 City adopted ordinances for solid waste reduction. Areas shall be set aside within the tract for recycling drop off areas prior to issuance of final map. Design/Aesthetic Impact Mitigation 24. Subject to a Geotechnical Report, consideration shall be given to cut slopes exceeding 2 :1 slopes that minimize the number of 30 foot benches required. All slopes shall be contour graded subject to the approval of the Community Development Manager or his designee. All down drains wherever possible shall be diagonal along the face of slopes or colored concrete shall be used. A landscaping plan that minimizes stark cuts such as clustered plant groupings of ground cover, shrubs and trees shall be used. The planting pallet shall be reviewed by a biologist or native plant horticulturist in conjunction with the Riverside county Fire Department and the City's Landscape architect for the purpose of incorporating Riversidean Sage Scrub species. Improvements shall be installed prior to Certificate of Occupancy. 25. The parkways of Elsinore Hills Drive, Elsinore Ridge Road, East Cambern Loop and the loop street within Tract 24659 shall be landscaped in accordance with adopted City Public Right of Way landscape guidelines, and include a combination of ground cover, shrubs and trees. All street trees shall be a minimum of 24" box. Improvements shall be installed prior to Certificate of Occupancy. 26 . Prior to issuance of grading permit, the applicant shall pay required fees to the City for implementation of the Mitigation Monitoring Program. 27 . All streets with reversing curves shall be separated by a tangent, length of tangent to be approved by the City Engineer. 28 . The minimum horizontal radius for local streets shall be 300 feet including East Cambern Loop. PAGE SEVEN - CITY COUNCIL MINUTES - JULY 13, 1993 29 . Eliminate 11H11 Street off site in Tract 26459. Make "B" and "C" Streets loop streets on Tract 36459. 30. Lots 186, 187, and 188 in Tract 26459 shall be letter lots. 31. Lots 11171, 172 , 173, 174, and 175 in Tract 25171 shall be lettered lots. 32 . All major manufactured slopes exceeding 30--feet in height shall be contour graded. 33 . All major manufactured slopes exceeding 30-feet in height shall provide room for bench drains. 34. The rear property line for all lots with rear yard slopes shall be moved two feet (21 ) away form the top of the slope. 35. A landscape maintenance easement shall be recorded prior to Final Map for the maintenance of all large sloped areas within individual lots. The maintenance of these slopes shall be the responsibility of the HOA. The developer shall install all landscaping in common areas and in common maintenance areas. 36. All major slopes outside the right-of-way for Elsinore Hills Road shall be maintained by the HOA. The City may, at its option, decide to maintain these slopes after reviewing the tract landscape plans. 37. Lots 17 and 18 on Tract 26459 shall be within the tract boundary. 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 39. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 .030) . Document can be obtained from the Engineering Department. 40. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution 85-26) . 41. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 42 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval. PAGE EIGHT - CITY COUNCIL MINUTES - JULY 13, 1993 43 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12 .08 and Resolution 83-78) . 44 . Street improvement plans and specifications shall be prepared by a Civil Engineer. improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 45. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 46 . Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) shall be the responsibility of the property owner or his agent. 47 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 48 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 49 . Submit Hydrology and hydraulic study for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and or erosion downstream caused by development of site and diversion of drainage, subject to City Engineer approval. 50. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 51. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protection. 52 . Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 53 . Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 54 . All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 55. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. PAGE NINE - CITY COUNCIL MINUTES - JULY 13, 1993 56. Developer shall install blue reflective pavement markers in the street at all Fire hydrant locations. 57. Map shall provide for all local streets to have sixty foot (60') right-of-way with forty foot (40' ) curb-to-curb. Restricted local streets (cul-de- sacs) shall have fifty-foot with a three foot 3{ ) util ity easement on each side. 58. Desirable grade for local streets is nine percent 'F (9%) . The maximum grade of fifteen percent (15%) should only be used because of design constraints. 59. All utilities except electrical over 12kv shall be placed underground, as approved by serving utility. 60. Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 61. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 62 . Minimum horizontal curve radius for secondary streets shall be 1, 000 feet. 63 . Applicant shall participate in an Assessment District for the design and construction of the Wasson Canyon Road circulation system prior to final map approval. If an Assessment District is not formed this applicant will be responsible for providing two (2) paved access roads to this tract as approved by the City Engineer. 64. Applicant shall cooperate with developers to the north and east for the design and construction of Elsinore Hills Drive and Elsinore Ridge Road connection to Camino Del Norte, Cambern and Ramsgate. 65. The Geology Report submitted for the subdivision shall include: a) Identification of all faults to define potential hazards. b) Stability of man made slopes under either static or dynamic conditions. c) Differential settlement of engineered fills of significant thickness, as determined by geologist. i 66. All existing utility easements through tract which interfere with development shall be relinquished prior to final map approval. 67. If right-of-way or easements are abandoned as part of this development, then adjacent property PAGE TEN - CITY COUNCIL MINUTES - JULY 13f 1993 affected by the abandonments must still have access to public maintained right-of-ways. 68 . All open space and slopes except for public parks and schools and Flood Control District facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 69. Developer shall contribute a pro-rata share for the design and construction for the proposed traffic circulation improvements recommended and as shown on Exhibit 'IS" in Traffic Study prepared by Kahn, Kain and Associates in October 1990 prior to Final Map. 70. All improvement plans and tract maps shall be digitized. At certificate of occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/Gis or developer to ' pay $1, 000 per sheet for City digitizing. 71. If public improvements are to be constructed in phases, then a phasing plan must be approved by the City Engineer prior to building permits. f 72. A National Pollutant Discharge Elimination System ` permit will be required of construction activity, underway or commencing after November 8, 1991, that would disturb five or more acres. The permit is to be obtained from the Regional Water Quality Control Board having jurisdiction. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Board prior to issuance of grading or building permits. 73 . Eliminate the indication of grading to accommodate stub road, but retain the easement right on east Cambern Road. 74 . The owner shall provide the City with storm water pollution prevention plan per the Regional Water Quality Control for Natural Pollutants Discharge Elimination System (NPDES) prior to issuance of grading permit. 75. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 8 . Extension of Time No. 2 for Tentative Tract Map No 24618_ George Wimpey, Inc. dba Morrison Homes. (F: 160 . 2) f MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO GRANT THE TWELVE MONTH EXTENSION OF j TIME FOR TENTATIVE TRACT MAP NO. 24618, WHICH SHALL EXPIRE FEBRUARY 27, 1994, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: i FINDINGS - TENTATIVE TRACT MAP NO. 24618 - MORRISON HOMES 1 1. Substantial progress toward the development of this I I PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 13, 1993 Tract Map has taken place. 2. The project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS OF APPROVAL FOR EXTENSION OF TIME NO. 2 1. Extension of time for Tentative Tract Map No. 24618 will expire one (1) year from date of approval unless an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and Title 16 of the Municipal Code. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4 . Signage for this subdivision shall require City Permits. 5. A noise study must be submitted prior to Minor Design Review approval of the dwellings. Plotting and decorative block wall for Ortega Highway, to ensure that the exterior and interior noise levels specified by the City's Code are provided for lots 6-15 through building construction and a sound attenuation wall. Standard highway noise levels should be assured for the Sound mitigation plan. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7. A geologic report with associated recommendations will be required for grading permits. All grading shall conform to the requirements of Section 16. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. A temporary erosion control landscaping plan shall be approved prior to issuance of grading permit. Temporary erosion control landscaping shall be provided within 30 days of rough grading. The applicant shall bond 100o for materials and labor for one year. 8 . Pay all Capital Improvement fees in effect at the time of issuance of building permit. 9 . Prior to final approval of Tract Map 24618 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. PAGE TWELVE - CITY COUNCIL MINUTES - JULY 13, 1993 10. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 11. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from adjacent property owners, such easements shall be approved by the City Engineer and City Attorney and recorded. 12 . Bond for drip or sprinkler irrigation system for sloped areas, prior to the issuance of a building permit. If a crib wall is proposed, the applicant shall be responsible for the landscaping/irrigation for the height and length of the wall. A planting/irrigation plan shall be submitted and approved, prior to issuance of grading permit, subject tot he approval of the City°s Landscape Consultant and the Community Development Manager. 13 . Building permits shall not be issued until proof of payment of school mitigation fee is presented to the City Building Division. 14 . All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 15. Comply with all conditions of the Riverside County Fire Department. 16. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 17 . The. Developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 18 . Meet all requirements of Southern California Edison Company. 19 . Meet all requirements of Southern California Gas Company. 20. Meet all requirements of General Telephone. 21. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 22 . The developer shall establish a Homeowners PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 13, 1993 Association to manage and impose fees to maintain all slope or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. 23 . Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 24 . Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Manager or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the - units when developed in the future. 25. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 26. Provide a decorative masonry wall along Ortega Highway at the pad elevation/property lines of those lots at a height consistent with a noise study acceptable to the Planning Division. Any wall over 8 feet high shall require Planning Commission approval. Other walls are subject to the review and approval of the Community Development Manager or designee prior to issuance of a building permit. Provide a combination 4 foot high decorative block wall with 2 feet wrought iron above, along Grandview A v e n u e , a n d o n northeasterly retaining wall at pad elevation, and on Trabuco Avenue, as appropriate, to preserve views (rather than using 6 feet of solid fencing) . All other side and rear property line fencing shall be 6 feet high and meet the requirements of Section 17 . 14 and 12 .23 of the Municipal Code. 27. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 13, 1993 executed original to the Community Development Department. 28. Property line shall be at top of slopes with down slope areas to be maintained as indicated in Condition Number 22, with the exception of Grandview Avenue and Trabuco Avenue. 29 . All exposed lights shall be shielded above the horizontal plane. 30. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to the final map approval. 31. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.53 . 030) . Document can be obtained from the Engineering Department. 32 . All local streets shall have a 60 foot right-of-way with 40 foot curb-to-curb. Restricted local streets (cul-de-sacs) shall have 50 foot right-of- way with 36 foot curb-to-curb and a 3 foot utility easement on each side. 33 . No single-family lots shall have ingress or egress to collector street or higher volume traffic streets. 34 . Provide Soils, Geology and Seismic reports including street design recommendation. Provide final Soils Report showing compliance with preliminary and finish grade certification. 35 . Pay all Capital Improvement and Plan Check fees. 36 . Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 37. Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to the issuance of building permit. (Lake Elsinore Municipal Code 16 . 34) . 38 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12. 04 and 16.34) . 39 . Pay all fees and meet requirements of encroachment permit issuance by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 13p 1993 Resolution No. 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 40. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 41. Applicant shall obtain necessary off-street easements for off-site grading from the adjacent property owners prior to final map approval. 42 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 43 . Provide street lighting, show lighting improvement on street improvement plans, as required by the City Engineer. 44. Individual lot drainage shall be conveyed to a public facility or accepted by the adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 45. Hydrology and Hydraulic Study shall be submitted, reviewed and approved by the City Engineer and Riverside County Flood Control District prior to final map approval. 46. All major drainage facilities in this tract shall be constructed to Riverside County Flood Control Standards and agreement entered into with the District for construction, ownership and maintenance. 47. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and developer shall mitigate any flooding and/or erosion downstream caused by development off-site and diversion of drainage. 48. Applicant shall obtain any necessary Cal-Trans permits and meet all Cal-Trans requirements for right-of-way dedication and construction on Ortega Highway. 49. Contribute $102 .00 towards the City's Master Entryway Sign Program. 50. Prior to the Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner (s) , and the City. 51. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 52 . Developer shall contribute $6, 000.00 towards the PAGE SIXTEEN — CITY COUNCIL MINUTES — JULY 13s 1993 design and construction of a traffic signal at Grand Avenue and Macy Street. The development will increase traffic at the intersection at least 4% and should contribute 4% towards construction. 53 . Provide sufficient dedication along western tract boundary for Grandview right-of-way of 66 feet. 54 . Grandview along tract boundary shall be improved to provide a parking lane and two travel lanes (32 feet) . Off-site from Half Moon Drive to Laguna Avenue, Grandview shall be improved to provide a parking lane and two travel lanes (32 feet) . 55. Applicant shall agree to enter into an assessment district for the cost sharing for construction of the Ortega Channel and major drainage laterals. 56. Approval of drainage plans for this subdivision is conditioned upon completion of the master plan drainage facility required as a condition of approval for Tentative Tract Map 20139 to serve this proposed subdivision. If tract 24618 is constructed prior tot he completion of the Ortega Channel, then this developer shall construct the permanent storm drain improvement under Grand Avenue and enter into an agreement with developer of Tract 20139 for appropriate reimbursement. 57. Developer shall extend the Ortega Channel lateral in Grandview to the southerly tract boundary and will be entitled to reimbursement through the assessment district. 58 . Annexation to the City's Landscaping and Lighting District is required prior to approval of final map. 59. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC Info/GIS or developer to pay $1, 000 per sheet for the City digitizing. 60 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 61. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge System Permit prior to issuance of grading permits. 62 . This map is to be developed in one single phase. 63 . Developer shall provide No Parking and Street PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 13, 1993 Sweeping Sings for streets within tract or pay a fee for installation by the City. 64. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 65 . The owner shall provide the City with storm water pollution prevention plan per the Regional Water Quality Control Board for Natural Pollutants Discharge System (NPDES) Permit prior to issuance of grading permit. 66 . Applicant to process a Letter of Map Revision (LOMR) for the Flood Insurance Rate Map (FIRM) for storm drain improvements which will be or have been installed as part of this tract. The LOMR shall be submitted to the Federal Emergency Management Agency (FEMA) prior to building permit issuance. 9 . Final Extension of Time for Tentative Tract Map No.�22904 , Revision #6 (Canyon Bay Development Corp. ) . (F: 160.2) City Manager Molendyk indicated that some fees are currently due on this Map and the applicant has been contacted for payment. He recommended continuance to July 27, 1993 . Mayor Washburn indicated he would concur with this recommendation with the provision that there would be no penalties if the time lapses in the meantime. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO CONTINUE THIS ITEM TO JULY 27, 1993. 10. Final Extension of Time for Tentative Tract Man No. 19344 (C/W Asset Management, Inc. ) Serenity Tract - Corydon Road. (F: 160.2) Mayor Washburn indicated that he had pulled this item because he had requests to speak. Robert Reinin, 1425 W. Foothill Blvd. , Upland, expressed concern with outstanding conditions identified during the transfer of title from Crowell Industries. He suggested a condition for resolution of the concern. Mayor Washburn noted the memo received from staff regarding this issue of ownership. City Manager Molendyk suggested continuance to allow the questions to be addressed. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO CONTINUE THIS ITEM TO JULY 27, 1993. APPEAL 21. Appeal of Planning Commission Decision to Approve Minor Design Review of a Residential Duplex Project (No. 93-3) at 215 Chaney Street (Owner: Roy Terrebonne/Architect: Ray Gracie) . (F: 21. 1) PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 13, 1993 City Manager Molendyk explained this appeal and noted that the residents feel, based on the existing development, the R-1 zoning designation is more appropriate for the area. Mayor Washburn noted that he had requests to address this item. City Planner Leslie detailed the staff report. Mayor Washburn requested clarification of the existing zoning. Mr. Leslie indicated that it was currently zoned R-2, however it is a predominantly single-family residence neighborhood. Mayor Washburn noted that this is a combination of lots extending from Chaney Street to Franklin Street; and the project would be on septic rather than sewer system. Councilwoman Cherveny inquired whether a "perk" test had been done on this site. Mr. Grage indicated that a perk test was done and the property passed. Councilwoman Cherveny questioned the General Plan designation of "Specific Plan", and whether this plan would all be done at one time, and whether other such developments would occur. City Attorney Harper clarified the planning process and the potential alternatives for the Specific Plan. Councilwoman Cherveny inquired whether this proposal would be considered inconsistent with the General Plan. Mr. Leslie indicated that with the "Specific Plan" designation the ultimate use was still somewhat open. City Attorney Harper clarified that a significant issue is whether the zoning and general plan are compatible. Leon Strigotte, 216 Chaney Street, detailed the original knowledge of work on this property and advised that requests were submitted to the Planning Department for notification of the proposed project. He further advised that notice was not received except through the Planning Commission agenda. He indicated that he has met with the property owner, and while they are nice people, the project is not compatible with the surrounding properties. He stressed that all other properties in the neighborhood are single-family residences. He further stressed that the final plan for Chaney Street is not known. He also stressed the traffic and density concerns in the overall area which have not been mitigated. Denise Tompkins, 218 Chaney Street, concurred with the comments of Mr. Strigotte and noted a petition circulated which opposed the project. She presented additional comments of opposition from an approximately six block area for the record. Nido Ryal, 223 Chaney Street, appellant, explained the location and traffic concerns in the area of the project. He stressed the unknowns of the ultimate Chaney Street alignment and the concerns with high density development. He noted a higher density development near the elementary school and expressed concern with the related crime. He also noted the affected residents present in the audience and requested Council°s favorable consideration. Ray Grage, 110 S. Main Street, representing Mr. & Mrs. Terrebonne, expressed surprise with the level of opposition to PAGE NINETEEN - CITY COUNCIL MINUTES - JULY 13, 1993 this project. He noted revisions made to address the concerns of the residents and meetings with the residents. He indicated that there are four lots involved in this project and compared the density to the existing single-family residences. He detailed the work which had occurred over the last year and information received from City staff in support of this proposal. He stressed changes such as the removal of second story windows, etc. to accommodate the existing neighbors. Mayor Washburn asked the residents how many would support this project if it appeared to be more single-family oriented with access on both Franklin Street and Chaney Street. He further asked whether the owners would use this property as a rental. The applicant indicated it would be a rental, and further commented that they are not spending their funds to see the property deteriorate. Councilwoman Cherveny expressed concern that this proposal is not consistent with the surrounding developments. She commented that rentals do not have the same pride of ownership. She indicated she would see more "estate" type homes in this area. Councilman Alongi reminded Councilwoman Cherveny that her modular home was not consistent with the area when she moved it in. He stressed that the project meets the requirements of its zoning. He noted a similar concern on a project he built and stressed the importance of not prejudicing the understanding of rental property and its care. Councilman Winkler commented that in reading this report he had to consider whether he would want such a development next door to him; and decided he would not. He indicated that he would prefer a larger master planning effort in this area, rather than a piecemeal approach. He indicated that the policy makers can not be held responsible for the opinions provided by staff. Mayor Washburn suggested that this project was a catalyst to bring the area into focus. He expressed concern that this project would be inconsistent infill, and suggested that staff address it as such. He noted that problems such as this are not always a zoning issue as much as design issues. He indicated that he would like to see consideration in the next year or so for budgeting improvements such as curbs, gutters and sidewalks on Chaney. He noted the difficulty of this question. Mayor Pro Tem Dominguez commented on the original zoning of this area and suggested it might be appropriate to update the general plan for this area. MOVED BY WINKLER, SECONDED BY CHERVENY TO OVERTURN THE PLANNING COMMISSION APPROVAL OF MINOR DESIGN REVIEW PROJECT NO. 93-3 AND DENY WITHOUT PREJUDICE; AND REQUESTED THAT STAFF LOOK INTO THE PENDING SPECIFIC PLAN. Mayor Washburn noted that there would seem to be other alternatives to accomplish the applicants goals as well as PAGE TWENTY - CITY .COUNCIL MINUTES - JULY 13, 1993 the homeowners' wishes. Mayor Pro Tem Dominguez suggested that this denial be without prejudice to allow further revisions without new fees. Mayor Washburn concurred he would want it without any new fees. Councilman Alongi indicated that the foregoing motion would not be fair to the builder/owner. He suggested that if it is zoned properly the owner has the right to build. He sympathized with the residents, but indicated that the project as proposed was legally acceptable. He indicated that this action would downgrade the value of the property. He questioned the impact on the owner's project of waiting for the specific plan. Mayor Washburn indicated he could be working on the plan in the meantime. Mayor Pro Tem Dominguez inquired whether there would be a time limit. Mayor Washburn indicated that staff could expedite it. Councilman Winkler indicated that he would like staff to return with a report on the status of the specific plan and the possible timing. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE, BASED ON THE FOLLOWING FINDINGS: FINDINGS 1. The project as proposed does not comply with the goals and objectives of the General Plan. 2 . The project as proposed does not adequately comply with the design directives contained in Section 17.82 . 060, Scope of Design Review, of the City Zoning Code, in that it is not consistent with existing surrounding development. PUBLIC HEARINGS 22 . 1993-94 Fiscal Year Budget - Resolution No. 93-36. (F: 30. 1) City Manager Molendyk detailed the report and explained the impact of State subventions from the City and Redevelopment Agency funds. He indicated that the budget as presented is balanced. He detailed the general revenue and its sources, the Cost Recovery System, non-recurring revenues, sales tax increases, etc. He noted that in 1990 the City had 71 employees and now in 1993 the City has 55 employees despite the continuing increase in population. He also noted the increase in sheriff's officers employed by the City during the same period. He recommended adoption of the General Fund Budget as presented and commented on the one-time revenues and the long list of possible uses. Mayor Washburn noted the graph regarding City Employees and Sheriff's Department and indicated the graphs were helpful in explaining the status. Councilwoman Cherveny questioned the $267, 000 in one time funds used to balance the budget. Mr. Molendyk indicated that was separate from the $500, 000 in one time dollars. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JULY 13, 1993. Councilman Winkler noted that the budget is a roll-over with less money. He recommended adoption of the Resolution. Mayor Washburn opened the public hearing at 8: 18 p.m. Kelly Rockwell, 521 Lake Street spoke in support of the "Kids on Track" program. She stressed the importance of providing a constructive environment to help keep the kids from gang and other negative activities. She indicated that parents can not always be there for their children and this program helps supplement. Andre Smith, 15293 Windjammer, supported the "Kids on Track" program and the potential for kids to become involved in gangs. He stressed the need to take preventative action by taking the kids off the streets. Mayor Washburn closed the public hearing at 8 :22 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE RECOMMENDATION #1 AND ADOPT RESOLUTION NO. 93-36; AND REGARDING THE $500,000 OF ONE-TIME REVENUES, CONTINUE THE CONSIDERATION OF THESE FUNDS FOR ONE MONTH WITH THE EXCEPTION OF THE $76, 000 FOR THE KIDS ON TRACK PROGRAM. RESOLUTION NO. 93-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1993-94 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH HEREIN. Councilman Alongi concurred with Councilman Winkler regarding the importance of the kids on tract program, however, he requested discussion of the rest of the $500, 000 too. He indicated if it was not discussed he was willing to go through the proposed budget page by page to find possible cuts. He expressed concern that the proposed list for the $500, 000 included nothing for housing and he would like some included. He indicated %9SipWal like to see at least for housing and he would not support the Century Perimeter Fencing. City Manager Molendyk noted that in addition to the items listed, the $2 . 6 million in the Redevelopment Agency budget would also be carried over for discussion. He suggested it might be helpful to add to the list with item such as Heald/Ellis Housing - $200, 000 and Heald/Spring Property $700, 000 as requested by Mayor Pro Tem Dominguez. He noted that the final funding of projects would be subject to Council concurrence. Mayor Washburn indicated that he would like to adopt the budget with the $500, 000 used for the Contract Senior Planner, City Facilities, Additional training/Planning Commission, Upgrade/New Computers, Charity Groups, Police - Additional Overtime, and Consultant - Housing Programs; listed as items 1 through 7 on Exhibit A, with the Methodist Church (item #8) being moved into the Redevelopment Agency Budget. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JULY 13, 1993 He then suggested moving Kids on Track into the funded projects with the remaining $108, 000 being held in reserve for consideration with the $2 . 6 million reserved in the Redevelopment Agency budget. He further concurred that Heald/Ellis, Heald/Spring and Nashland should be added to the list. Councilwoman Cherveny suggested that the $108, 000 be added to the police overtime to help implement the crime support group and hire security guards with cars to patrol for 8 hours per day from 10 a.m. to 6 p.m. to provide extra eyes and ears in the community. She stressed that this will help to reduce the crime and she would really like the budget amended to include something for public safety. She indicated that this type of additional patrol had been very successful in Sun City. Mayor Washburn concurred that it could be used for augmenting police through private security and suggested that private security might be a better approach with one-time money. Councilwoman Cherveny addressed the use of Community Service Officers which would require four for two on the street. She stressed the need for more coverage with eyes and ears on the street. Councilman Winkler expressed concern with this use since it is one time money and personnel would need to be hired and possibly let go in a few months. He stressed the benefit of tearing down buildings, which has been seen by the Sheriff's Department. He indicated that he would particularly address X and other areas. He suggested that this decision be postponed until after the Stadium is discussed. He indicated that these one-time dollars should be addressed as a package with the exception of the Kids on Track Program which involves continuation of existing personnel. Councilwoman Cherveny agreed that abatement has an impact, but indicated that security would address more of the Community. She noted the Outlet Center and Walmart revenues that will support this program in the future. She indicated that she felt that $500, 000 was a minimal request. Councilman Alongi commented that he understood Councilman Winkler's position on one time money, but stressed that it should go where it does the most good and produces for the City. He indicated that he understood the concerns with Nashland, but stressed that it is someone else's problem. Councilwoman Cherveny suggested that Nashland should be addressed in the Redevelopment Agency budget, and indicated she would have no problem looking at those areas with the $2 .6 million. Councilman Winkler suggested that it would be better to address this in one month when more information is available. Mayor Washburn indicated he would argue against the motion with regard to the $500, 000 in that the charity groups have waited long enough and other things are needed. PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JULY 13, 1993 THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. BUSINESS ITEMS 31. Consolidation of Future City Council Elections. (F:72. 1) City Manager Molendyk explained this item as proposed by the City Treasurer. He noted that in light of the State budget cuts this is one area to save money. MOVED BY CHERVENY, SECONDED BY ALONGI TO REJECT CONSOLIDATION OF FUTURE ELECTIONS. Councilwoman Cherveny noted the previous discussions of this recommendation, primarily the importance of maintaining focus on City issues. She indicated that while she appreciated the proposed cost savings, she felt it was necessary to retain the focus. Mayor Pro Tem Dominguez commented on previous April Elections and the momentum of other elections. Mayor Washburn commented on previous attempts to increase voter turnout such as extended polling hours. He indicated that it would appear those interested will vote, but changes in the process don't seem to have an impact. He stressed the importance of looking at the future and remembering that cities will have less and less money. He indicated that he didn't feel it would impact the overall politics. Councilwoman Cherveny stressed the previous comments and the importance of finding what best serves the Community. Councilman Alongi indicated that he felt the elections should remain in April and suggested that $13 , 000 is not that much money. He stressed the increasing uniqueness of the Community and the potential for more issues to be decided by the voters. He indicated that he feels the people will vote no matter what. He suggested that the Council wait a few years to determine the direction the voters are going. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. Councilman Winkler indicated that he needed more comparative information on voter turnouts. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND DOMINGUEZ CASTING THE DISSENTING VOTES TO BRING THIS ISSUE BACK IN 30 DAYS. 32 . Sheriff Contract - Facility Charges. (F: 127. 2) City Manager Molendyk explained that this item was continued to confirm property ownership and detailed the request. He noted that this item was included in the proposed budget. MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS PAGE TWENTY-POUR - CITY COUNCIL MINUTES - JULY 13, 1993 VOTE TO APPROVE THE REQUEST AND AUTHORIZE PAYMENT OF THE $33, 939 .20. 33 . Fire Protection Agreement - Fiscal .Year 1993-94 . (F: 68 .1) (X: 127 . 3) City Manager Molendyk advised that this item was continued at the last meeting to allow for finalization of the budget. He noted that this item was included in the proposed budget. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SECOND AMENDMENT TO THE JULY 9, 1991 AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. 34 . Commercial Project No 93-2 - Elsinore City Center, located on the southeast corner of Grape Street and Railroad Can on Road "Proposed Walmart" . (F;58.2) City Planner Leslie detailed this project and the associated site plans, conditions and landscaping. Councilwoman Cherveny questioned condition #36 and whether Walmart would include the tile treatment as well. Mr. Leslie indicated it would be addressed later. Councilwoman Cherveny inquired whether condition #18 looked to the developer for the landscaping or to Walmart. Mr. Leslie indicated that it would look more to the developer, but since it also impacts Walmart they would also be involved. Councilwoman Cherveny expressed concern with the maintenance of the landscape after the center is complete and questioned the City's ability to abate problems and charge back for the services. She indicated she would like this matter conditioned further. City Attorney Harper suggested drafting j a reciprocal easement agreement to address this issue. He noted that the problem of collecting the reimbursement still exists. Councilwoman Cherveny inquired whether these charges could be added to the tax rolls. Mr. Harper indicated that it could be added as a condition, but it might put the City in the position of maintaining private property. Mayor Pro Tem Dominguez inquired whether transportation had been addressed, like bus bench placement. Mr. Leslie indicated that it was probably addressed in the Specific Plan and he would need to check. City Attorney Harper indicated that this could also be a condition. Mayor Pro Tem Dominguez questioned the provision of Automatic Teller Machines and suggested that if they will have one, it be placed inside the store. Mr. Leslie indicated that this would be addressed as a vending machine. City Attorney Harper commented that many ATM companies are reluctant to place them outside. i Councilman Alongi addressed the landscaping and requested something to require maintenance. Mr. Harper indicated that it may already be addressed through CC & R's. Mr. Alongi further indicated that he would not want the parking areas restricted for individual stores. He also indicated that the Air Conditioning units could be screened very easily. He expressed concern with the facade and stressed the good i I + i PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - JULY 13, 1993 appearance of the Outlet Center. He suggested that this center should be the same way. Mayor Washburn noted Planning Commission discussion of similar issues. Councilwoman Cherveny noted the middle shops which show a fancier overhang. She indicated that this should continue to Walmart as it presents a better image. City Manager Molendyk noted that the continuation of the overhang would help to shelter the handicap parking areas from rain and heat. Councilwoman Cherveny suggested that areas awaiting construction be landscaped. She expressed concern with the roof top equipment and noted that a solution was found for the Outlet Center. She indicated that Condition #38 addressed another of her concerns and requested tough enforcement of that condition. She further requested the addition of Condition #42 for an agreement regarding landscape maintenance. City Manager Molendyk noted concerns with the machines, rides etc, in front of stores and stressed that they are not approved as part of the plan being considered. Mayor Washburn suggested that Condition #38 also address racks for shopping carts and questioned the phasing of this project. Mr. Leslie indicated that it would be built in two phases. Mayor Washburn questioned the impact of the phasing on the landscaping requirement. Councilwoman Cherveny suggested that at least perimeter landscaping be in place. The applicant concurred with this approach. Mayor Washburn expressed concern with the need for enhancements on the side of the building. He indicated that the mansard and screening of the Air Conditioning units would help. Councilwoman Cherveny suggested that line 2 of condition #38 be deleted. Mayor Washburn stressed the need for Community Development Director involvement in the process. He suggested the addition of "storage of carts" be included in the condition. Councilman Alongi indicated that it would be better to say "cart storage inside only" . Mayor Washburn requested the addition of Condition #42 "Establish Reciprocal landscape maintenance easement, with City ability to enforce" . Mayor Pro Tem Dominguez requested Condition #43 to require coordination of bus benches and related matters with Riverside i Transit Agency. Councilwoman Cherveny requested Condition #44 requiring perimeter landscaping. Councilwoman Cherveny questioned the proposed name of the center and inquired whether it could be Lake Elsinore City PAGE TWENTY-SIX - CITY COUNCIL MINUTES - JULY 130 1993 Center rather than Elsinore City Center. The applicant concurred this would be appropriate. Glen Dagel, Project Architect, 12620 High Bluff Drive, San Diego, indicated that this project is on a fact track and the goal is to start construction on September 27th, with opening in Spring of 1994 . He stressed the need for this approval to allow for submittal of plans. He indicated that all design issues have been addressed and any minor modification will follow the specific plan. John Baker, architect commented that he has been involved in developing the plans since 1990 to address a variety of possible major tenants. He noted particular design aspects and the intent to work with smaller major tenants to provide better visibility within the center. He stressed the Walmart prototype and the limited ability to modify it. He further stressed that this plan has been modified more than any other facility. He addressed the air conditioning unit screening and indicated that the view would be minimal from Tuscany Hills or the I--15 freeway due to the distances involved. He indicated that the only solution would be to raise the height of the roof to screening the units and expressed concern with the additional costs. City Manager Molendyk questioned the increase in costs. Mr. Baker indicated it would be approximately $1. 50 to $2 .00 per square foot. City Manager Molendyk commented on Council discussion and the fact that only one wall will be fully visible, and stressed the Council conditions and requests. Mr. Baker indicated that he will need to go back to Walmart representatives for approval. He further indicated that he has no information regarding the vending machine issue, however he indicated that he could see enforcement problems after the fact. i City Manager Molendyk indicated that the Council is saying they don't want the machines at all. Mr. Baker indicated that would need to be addressed by the owner. Mr. Baker noted the discussion of rooftop equipment and indicated they were not sure whether they would house it or not and stressed the distance and limited visibility. He indicated that he was not certain of a solution other than a second roof. Mayor Washburn stressed the efforts required of the architect and the need to address specified points. He noted that the City has successfully imposed changes in corporate prototypes in the past and would intend to do so on this project. He stressed the Council's concern for a quality project. City Manager Molendyk commented that with the Outlet Center it was indicated that the concerns with the air conditioning units should have been mentioned earlier as they could have been solved through design and sinking them into the roof structure. He stressed staff's efforts to resolve this concern up front. Mr. Dagel indicated that the roof is already as low as it can gets Councilwoman Cherveny stressed the importance of getting the best product for the Community and for the investment by the i j PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - JULY 13, 1993 City. She indicated that she would want "the best" Walmart. Mayor Washburn indicated that there were three options, 1) continue the project, 2) approve and work with them on the plan or 3) request and amendment of the specific plan, noting that the specific plan addresses architecture. Councilman Alongi noted the assistance being provide and stressed the need to screen the air conditioning units. Mr. Dagel indicated he would agree to the condition. Mayor Washburn indicated that Council can decide and allow Walmart time to consider. Mr. Dagel questioned the alternative allowing the quickest action. Mayor Washburn indicated approval with appropriate conditions. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT NO. 92-2 BASED ON THE EXHIBIT "a" PACKAGE, THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH CONDITION #38 AMENDED TO INCLUDE "STORAGE OF SHOPPING CARTS" AND THE INCLUSION OF ADDITIONAL CONDITIONS 42 , 43 AND 44 AS REQUESTED BY COUNCIL. FINDINGS - COMMERCIAL PROJECT 93-2 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the certified Environmental Impact Report No. 92-3 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2 . The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, the Elsinore City Center Specific Plan, and the Zoning District in which it is located. 3 . This project complies with the design directives contained in the Elsinore City Center Specific Plan. 4 . Conditions and safeguards pursuant to Chapter 17.82. 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82 and the Elsinore City Center Specific Plan. PLANNING DIVISION CONDITIONS 1. Design Review approval for Commercial Project No. 93-2 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . These Conditions of approval shall be reproduced i i PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES -- JULY 13, 1993 upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4 . Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7 . Meet all Riverside County Health Department requirements. 8 . Meet all Riverside County Fire Department requirements. 9 . Project must meet all requirements of Cal-Trans. 10. No outdoor storage (except enclosed outdoor tire storage area as presented on approved Wal-Mart Plans) shall be allowed for any tenant. 11. Trash enclosures shall be constructed per City standards as approved by the Community development Manager or designee, prior to issuance of Certificate of Occupancy. 12 . All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 13 . Applicant shall use roofing materials with Class "A" fire rating. 14 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the 1-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 15. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. i i PAGE TWENTY-NINE - CITY COUNCIL MINUTES - JULY 13, 1993 16 . Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Manager or designee, prior to the issuance of building permit. 17. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (2411) tree for every ten (10) spaces with planter box to be staggered every row, and subject to the approval of the City's Landscape Architect and Community development Manager or designee. 18 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A Landscape Plan Check fee will be charged prior to final landscape approval based on the consultant's fee plus forty percent (40%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (401 ) (Per the Elsinore City Center Specific Plan) apart and at least twenty-four- inch (2411) box. On areas where screening, is necessary trees shall be at least thirty -six- inch (3611) box size. c) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (611) wide concrete curb. d) Planting within fifteen feet (1511) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded i i i - PAGE THIRTY CITY COUNCIL MINUTES - JULY 13, 1993 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 19 . All undeveloped lots along Grape Street shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the developer as necessary to meet the approval of the Community Development Manager until such time as these lots are built--out. If building permits are not issued within 90 days all areas or pads graded, during the grading operation, shall be landscaped and irrigated. 20. All exposed slopes in excess of three feet (31) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 21. All exterior on-site lighting shall be shielded and directed on--site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 22 . Applicant shall annex project into the City's Landscape and Lighting District. ! 23 . The applicant shall develop a Uniform Sign 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 and the approved Elsinore City Center Specific Plan. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including freestanding 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 or Occupancy or release of utilities. Individual sign permits are required prior tot he erection of each sign. 24 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water nd I I PAGE THIRTY-ONE - CITY COUNCIL MINUTES - JULY 13, 1993 sewer plans to the EVMWD and shall incorporate all district conditions and standards. 25. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. This project shall be designed so that every unit (with the exception of shop #3 which is to have two (2) loading areas) is provided with a loading space as required by the City Municipal Code and the Elsinore City Center Specific Plan. 26 . Trailers utilized during construction shall be approved by the Planning Division. 27 . On-site surface drainage shall not cross sidewalks. 28 . Parking stalls shall be double-striped with four- inch (411) lines two-feet (211) apart. 29 . Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 30. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community development Department for inclusion in the case records. 31. This project shall be subject to the Mitigation Monitoring Program contained in the Certified Environmental Impact Report No.92-3 . 32. Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992 . 33 . The rear, and side elevation design of the Wal-Mart building shall provide architectural elements of relief used throughout the center. The proposed revised elevation shall be reviewed and approved by the Community Development Manager or designee. 34 . The applicant shall submit revised plans illustrating the crib wall broken-up at about midpoint with a bench or a step wide enough to allow a row of small trees and/or shrubs along the entire length. This bench or step with a row of small trees and/or shrubs will break up the mass and shall provide relief from the monotonous, uninterrupted expanse of wall. This plan shall meet the approval of the Community Development Manager or designee and the City's Landscape Architect. 35. The landscaped area where the Wal-Mart auto service center building is proposed shall be heavily landscaped in compliance with Condition of Approval No. 18 (b) to screen the loading/entry roll up door i i I ' PAGE THIRTY-TWO a CITY COUNCIL MINUTES - JULY 13, 1993 and reduce noise levels generated by the sue of air/electrical tools. 36. The Wal-Mart and adjacent buildings (Shope #1,2, and major tenant) shall continue the design concept where appropriate of the mansard roofing with spanish mission the treatment exhibited in Shop #3 . The revised elevations shall be subject to the approval of the Community Development Manager prior to City Council consideration. 37. The Final Site Landscaping Plan shall include more landscaping/landscape planters in front of all proposed buildings. This plan shall meet the approval of the Community development Manager or designee and the City°s Landscape Architect. 38 . All vending machines, tables, kids rides, newspaper racks, storage of shopping carts, telephones and similar devices shall be concealed from view with a structure consistent with the building design. These shall be approved by the Community Development Manager or his designee prior to installation. 39 . The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community development Manager or designee. ENGINEERING DEPARTMENT CONDITIONS 40. Meet all Conditions of Approval for Tentative Parcel Map No. 27659. 41. Medians in driveways shall be moved back out of the right-of-way to provide proper truck turning into the site. 42. Developer shall sign a Reciprocal Landscape Maintenance easement, with City ability to enforce. 43 . Coordinate appropriate bus benches and related facilities with Riverside Transit Agency. 44 . Provide perimeter landscaping for the entire project until development is completed. I 35 . Parkina Prohibition on Riverside Drive,_North of Collier - Resolution No. 93-27. (F: 112. 1) City Manager Molendyk indicated that this item was in relation to the misuse of a City Street for the storage of U-Haul equipment. I MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT RESOLUTION NO. 93-27. Councilwoman Cherveny questioned the necessity of prohibiting all parking. She indicated that she did not feel it solved PAGE THIRTY-THREE - CITY COUNCIL MINUTES -- JULY 13, 1993 the problem, and if it is done there are other areas to be addressed as well. Councilman Alongi indicated that he does not feel the City should start posting "No Parking" signs on public streets. He suggested addressing the 72 hour limitations, and noted that people do park there to use the businesses in the area. Mayor Pro Tem Dominguez indicated that the traffic code requires signage to allow for enforcement. Councilman Alongi indicated that it can be enforced, and noted a similar situation at the Texaco station on Main Street. He indicated that it could be enforced through existing ordinances against advertising in the public right-of-way. City Attorney Harper indicated that he was not certain this was addressed by the ordinances, however, there is some opportunity to address those with "for rent" signs in the windows. Councilman Alongi questioned the difference between limiting these vehicles and limiting truckers. Mr. Harper indicated that the trucks can be restricted by size, but U- hauls are generally like any other vehicle. City Manager Molendyk indicated that staff could review the alternatives further. He noted concerns with ability of large trucks to turn into existing businesses in this area. Councilman Alongi advised that he is certain that this is addressed by Title 17. Mayor Pro Tem Dominguez concurred that it was necessary to review the signs and the street where the concern has come up. Mayor Washburn noted that there may be concerns with blocked visibility. THE FOREGOING MOTION AS WITHDRAWN WITH CONCURRENCE OF THE SECOND. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM. 36. Change Order No. 3 for Street Improvement Traffic Signals,, at Grand Avenue and Lincoln Street and Grand Avenue Robb Road and Lakeshore Drive, West Lake Elsinore, Community Facilities District 88-3 . (F: 22 . 3) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 3 AS PRESENTED. 37 . Notice of Completion - Street Improvement, Traffic Signals at Grand Avenue and Lincoln Street and Grand Avenue Robb Road and Lakeshore Drive, West Lake Elsinore_ Community Facilities District 88-3 . (F:22. 3) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION AS PRESENTED. 38 . Notice of Completion - Robb Road Thrie Beam Barrier at Coal Avenue. (F: 156.2) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - JULY 13, 1993 TO ACCEPT THE NOTICE OF COMPLETION AS PRESENTED. 39. Business License Request - "S aceball" . (F:34.1) City Manager Molendyk indicated that this item is before the Council because there is not really a business license classification which fits this use. He recommended approval, but suggested that Council consider looking at a way to handle this type of request administratively. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO GRANT THE BUSINESS LICENSE REQUEST SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. Only on private property at the written request of the property owner, showing the dates and times. 2 . Only on public property at special events put on by a non-profit group (i. e. : City, Chamber of Commerce) . 3. Provide proof of liability insurance prior to the issuance of the license. 40. Resolution No. 93-28 - Alternative Method of County Tax Distribution. (F: 140 . 1) Administrative Services Director Boone explained this item which enacts a law which has been on the books since 1941. He further explained that this action will allow the County to finance the delinquencies and distribute the funds to the City immediately. City Attorney Harper inquired whether this would include Mello-Roos District charges. Mr. Boone indicated that it will include property taxes, Lighting & Landscaping Maintenance District fees, Weed Abatement charges and potentially Assessment Districts and Community Facilities Districts. He indicated that the program will be in place in approximately 60 days. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-28 : RESOLUTION NO. 93-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS APPROVAL TO PARTICIPATE IN THE ALTERNATIVE METHOD OF TAX DISTRIBUTION - "TEETER PLAN" - SB 742 . 41. Parking Enforcement Procedure Revision - Ordinance No. 961. (F: 112 .1) City Attorney Harper advised that based on a meeting this date, he would recommend continuance to allow the addition of violations relating to the lake to this process. i MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ORDINANCE NO. 961 FOR TWO WEEKS. 42 . Second Reading - Ordinance No 960 - relating to Specific Plan 90-1 Amendment #1 - McArthur Glen. (F: 150. 2) I PAGE THIRTY-FIVE - CITY COUNCIL MINUTES - JULY 13, 1993 MOVED BY CHERVENY, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 960: ORDINANCE NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING SPECIFIC PLAN 90-1 AMENDMENT #1 AND MITIGATED NEGATIVE DECLARATION 93-3 FOR THE LAKE ELSINORE OUTLET CENTER (McARTHUR GLEN) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Ace Vallejos, 15231 Cobre, noted item 13 of this agenda regarding the Laguna Heights project. He expressed concern that this proposed project is incompatible with the surrounding zoning and development. He encouraged other residents concerned with the project to contact the Local Agency Formation Commission. He also expressed concern with the level of City services versus County services. He commented on the possibility of being included in an assessment district or paying additional taxes relating to the Municipal Stadium. City Attorney Harper clarified that it would not be possible to impact the residents with an assessment district or any other taxes for the Stadium. Joy Porthunder, 115 S. Spring Street, inquired whether Councilmembers Alongi and Cherveny intended to resign as discussed during the recent Recall Election. Both Councilmembers indicated they would not resign and suggested that not everything included in the newspaper should be believed. Peter Dawson, 18010 Grand Ave. , representing Southshore Homeowners, noted that this was the first Council Meeting since the City received the Lake. He congratulated the City on this transfer and expressed hope for a new level of cooperation between the City and the County property owners. Mayor Washburn concurred and announced a meeting on July 15, 1993 , regarding the master planning for the Lake. CITY MANAGER COMMENTS City Manager Molendyk reminded the Council of the July 15th Study Session and detailed the items to be discussed. City Manager Molendyk indicated that there was need for an Executive Session concerning Personnel/Labor Negotiations. MAYOR WASHBURN RECOMMENDED WITH COUNCIL CONCURRENCE THAT COUNCIL COMMENTS BE DEFERRED TO THE END OF THE REDEVELOPMENT AGENCY MEETING. THE CITY COUNCIL MEETING WAS RECESSED AT 10: 05 P.M. PAGE THIRTY-SIX - CITY COUNCIL MINUTES - JULY 130 1993 CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:46 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10: 46 P.M. TO DISCUSS, O.M.G. VS. THE CITY, LABOR NEGOTIATIONS AND POTENTIAL LITIGATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 11: 05 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11: 06 P.M. TO JULY 19, 1993 , AT 2 : 00 P.M. IN THE PLANNING DEPARTMENT CONFERENCE ROOM OF CITY HALL, 130 S. MAIN ST EET, LAKE ELSINORE, CALIFORNIA. GARY WASHBURN, MA CIT OF LAKE ELSINORE A TEST: VICKI KASD, CITY CLERK CITY OF LAKE ELSINORE i i i i i ------------ - - , MINUTES CITY OF LAKE ELSINORE WORK SESSION 130 SOUTH MAIN STREET CONFERENCE ROOM "A & B" LAKE ELSINORE, CALIFORNIA THURSDAY, JULY 15, 1993 CALL TO ORDER The Work Session of City Council was called to order by Mayor Washburn at 3 : 07 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI , DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: Lake Advisory Committee Members: Dan Bender, Robert Schiffner, Peter Dawson, Nick Nash, City Manager Molendyk, Manager of Special Projects Watenpaugh, Administrative Services Director Boone, Community Development Manager Shear, Community Services Manager Best, City Planner Chip Leslie, Public Services Director Tecca, City Treasurer Pape and Deputy City Clerk Bryning. DISCUSSION 1 . Update On Lake Treatment (F:92. 1) City Manager Molendyk explained that in the last week the necessary maintenance adjustments were made for the launch facilities to adjust for the evaporation of the Lake and the decision was made by Council to use the micro organisms to clean up the lake and this treatment is in progress . Manager of Special Projects Watenpaugh explained that today is the final treatment of the lake and that the remainder of the culture will be held for spot treatment within the next eight days . A type of copper sulfite was used around the lake edge to address that area for immediate use which is a temporary treatment . Mr. Watenpaugh then introduced Dr. Sutton who has been doing the analysis of the Lake. Dr. Sutton explained that it was his recommendation that the City use the micro organisms to treat the blue green algae . He further explained that he has seen a marked improvement in several areas of the Lake and the treatment will take approximately 60 days to clear the Lake. Dr. Sutton explained that there will be several different processes that will occur as the organism work. City Manager Molendyk questioned the white foam on the Lake edge . Dr. Sutton explained that that is the result of the break down of the blue green algae. The other change noted by Dr. Sutton is the lack of smell due to the treatments . Dr. Sutton explained that the spot treatments which will be administered will be the beginning of the ongoiing maintenance program for the Lake. Peter Dawson, Lake Advisory Committee member expressed concern regarding the use of copper sulfite in the lake and its effect on boats . City Manager Molendyk explained that the copper sulfite will be phased out as the micro organisms take over. The Copper sulfite was a temporary treatment only. PAGE TWO - WORK SESSION MINUTES - JULY 15, 1993 Dr. Sutton explained that the wind and boat action will affect the areas where there is a heavy concentration of blue green algae will appear heavy in spots and then clear up. Manager of Special Projects Watenpaugh explained that the solution of copper sulfite used is very light and that as the micro-organisms take over, the copper sulfite solution will be discontinued. He further explained that the copper sulfite only lasts a short period of time whereas the micro-organisms are the long term solution to the problem. Mayor Washburn asked how the Aqua Treat will affect the bottom of the Lake as far as the algae growth, as he has seen large patches surfacing recently. Dr. Sutton explained that the treatment is working and is breaking loose and the heat will also affect the growth and could cause another small bloom, but will be addressed by the micro organisms . Dr. Sutton pointed out that some forms of algae are necessary for the health of the Lake and for fish and plant life. Nick Nash, Lake Advisory Committee Member questioned the level of the Lake and the amount of algae which will grow; and asked if the depth of the lake being stabilized will aid in the retardation of the growth of the algae. Dr. Sutton explained the depth of water in the lake in which algae grows and indicated that Lake Stabilization will assist in preventing further growth of the algae . Mayor Washburn pointed out that this treatment is not the sole answer for the Lake in the long term, it will also need to be addressed through the fish population and control of the lake level as well as treatment by the micro-organisms . Dr. Sutton explained that the Lake is unique due to the depth and heat and the alkaline and this will require further study for the type of fish which will aid in the health of the Lake. Dan Bender asked if the micro organisms aid in the production of oxygen in the Lake which would promote the growth of fish in the Lake . Dr. Sutton explained that the micro-organisms eat the algae which chokes off the oxygen and will improve the environment for the fish. Mayor Washburn explained that the City must look at not only the water in the Lake currently, but also the water imported into the Lake and drainage as well as water received from up- stream due to heavy rains . Information on the surrounding area is necessary to maintain the balance of the Lake. Mr. Washburn asked how the City insures that it is not accepting problems from up-stream sources . Dr. Sutton explained that it is not easy, but not impossible . It should include a hot line from each sewage treatment plant which would alert the City of an impending problem. Peter Dawson stated that the primary source of water that the Lake will be receiving will be the output from the water treatment plant and is high in phosphate and asked what effect this will have on the Lake. Dr. Sutton explained that it will not affect the micro-organisms, but it does aid the growth of blue green algae; but the treatment plant will be addressing the amount of phosphate that will be released. 2 . Lake Elsinore Master Plan/Economic Feasibility Study (F:92. 1) City Manager Molendyk explained that this is a budgeted item which will answer the economic questions in regard to the management of the Lake and the study will include boat capacity, future launch facilities, and speed on the Lake for different type of boats . He further explained that what the study will ascertain is what is best for the economics of PAGE THREE -- WORK SESSION MINUTES - JULY 15, 1993 the Lake. Mr. Molendyk explained that part of the study will address water access for all activities, the rules and regulations, the type of concessions/campgrounds, special events . This study will also include new facilities, developmental costs, operational costs and revenue generation that will be feasible for the economy of the Lake. He explained that there will be future workshops to address the items that will have to be addressed as the future needs are recognized. Manager of Special Projects Watenpaugh explained that a Master Plan for the Lake is no different than a master plan for a park or any other facility in terms of how it will be developed and utilized. Mr. Watenpaugh explained the exhibits and what the Master Plan of the Lake will entail. City Manager Molendyk explained that the Master Plan will be an additional tool in applying for State Waterway Grants and other recreational grants . Ron Nobel, Nobel Consultants, Marine Engineer, explained that his company is a civil engineering firm which deals only in water front projects and gave a list of the type of projects he has been involved in the past and explained that he would be glad to answer any questions . Dan Bender asked what the time line for this Master Plan would be. Mr. Nobel explained that it would depend on the requirements of the City regarding workshops and other necessary meetings . City Manager Molendyk explained that there are on going projects such as the Lake Edge Specific Plan and others that also affect the study. This will include development by the City and also development by the private sector. City Treasurer Pape asked if the Master Plan would go into what the City would expect to collect on revenue . Mr. Nobel explained that there has not been discussion in regard to how much detail would be expected, but this will be addressed in the Master Plan. City Manager Molendyk explained that part of the results of the Master Plan would be to address the ability to generate revenue from the Lake year round. Mayor Washburn asked how we approach the revenue market . Mr. Nobel explained the object is to attract the market and develop a plan which will implement support for the different elements available through the Lake activities . Mayor Washburn asked how the Lake Edge Specific Plan would affect the Master Plan of the Lake. Manager of Special Projects Watenpaugh explained the incorporation of the Lake Edge Specific Plan in the Master Plan of the Lake and explained that it would be incorporated in the use and revenue of the Lake. City Treasurer Pape asked how closely the State Park would be examined. Mr. Nobel stated that it would be examined and will be incorporated in the study. Peter Dawson stated that access of private residences to the Lake will have to generate some type of revenue for the Lake and questioned how much will it cost the private residences for season passes versus day use and how it will be handled this year. Community Services Manager Best stated that all passes that have been issued will be honored and the City will i PAGE FOUR - WORK SESSION MINUTES - JULY 15, 1993 be issuing passes at the same rate as the State until December 31 , 1993 . The amount will be reviewed for 1994 . Mr. Nash questioned the commercial value and private versus public and how this will be addressed by the City. Mr. Molendyk stated that this will be incorporated in the Master Plan and it will be determined how involved in the revenue of these enterprises . City Treasurer Pape asked about the swimming areas . Mr. Nobel stated that the sites will be addressed by the Master Plan and addressed on a case by case basis . Councilman Alongi asked where on the Lake a marina wouldbe proposed. Mr. Nobel stated that there are several potential sites and Manager of Special Projects Watenpaugh explained that the State had identified a site next to the Out Flow Channel as a potential site plus a Marina at the State Recreational Area as well as the existing marina and a potential marina in the East Lake area. Dan Bender stated that it might be a good thing to let the people know what the City will expect on the Lake, such as speed limits and rules and regulations and what facilities will be available. Mr. Molendyk explained that the City will strive for one development line all around the lake to give the City jurisdiction over the development of the Lake. Manager of Special Projects Watenpaugh explained that until the water is clean it was decided that it would not be wise to promote the use of the Lake for special events which would require closure of the Lake. It was felt that it would be preferable to keep the lake open for general use until late fall or early spring. Peter Dawson stated that short term, limited events could be held to utilize the Lake and promote events on a small scale. Councilman Alongi agreed that small events promoted on the Lake would be good and help the local economy. But, the clean up of the Lake is the most important. City Manager Molendyk explained that until we know how the clean up of the water is going, we should not promote events, but in thirty days we will be more able to do the type of events suggested. He further explained that as soon as the water is clean, there is a promotional tape to be shown on OCN in Orange County. Nick Nash asked if the City could issue an update which could be placed in the local businesses so that the citizens of the community can know what is happening with the lake. Such as the micro-organisms are not dangerous to humans and what is available and what will be available. Councilman Alongi stated that Lake information can be printed in the local newspapers . Pete Dawson asked if the City had considered rules and regulations for the Lake, with one set for weekends and one for during the week or lesser occupied times . Mr. Nobel stated that this is the first day of discussions and this will be developed at a later time. Mr. Dawson stated that water safety needs to be addressed to protect the people and the City. Dan Bender stated that the Lake Advisory Committee will work with the consultants and many of the ideas and plans will be worked through with the City and the Committee. City Manager PAGE FIVE - WORK SESSION MINUTES - JULY 15, 1993 Molendyk concurred and explained that this would be addressed in a possible Town Hall Meeting to give the public a chance to give their input. Mr. Nobel stressed the importance of proper input and having an idea of what the entire community would want. Jack Fry, Lake Elsinore Recreation Area stated that he works for the concessionaire at the old State Park and would like to be involved in the planning process . THE WORK SESSION WAS ADJOURNED AT 4 :49 M. GAR TJM. WASHBURN, MAYOR Respectfully submitted, Nffi�fi a L. Bryni g, Deput ity C1 k ATTEST: VICKI KASAD, CITY CLERK i I MINUTES ADJOURNED REGULAR CITY COUNCIL/ REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, JULY 19, 1993 CALL TO ORDER The meeting was called to order by Redevelopment Agency Chairman Winkler at 2: 15 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Peter Lehr. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, CHERVENY, WINKLER, WASHBURN ABSENT: COUNCILMEMMBERS/BOARDMEMBERS: DOMINGUEZ Also present were: City Manager/Executive Director Molendyk, City Attorney/Legal Counsel Harper, Administrative Services Director Boone, Public Services Director Tecca, Special Projects Coordinator Wood, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk/Clerk of the Board Kasad. BUSINESS ITEMS 1. Clarification of Budget Item - July 13 , 1993 . (F: 30. 1) Executive Director Molendyk stated that Boardmember Alongi and Boardmember Cherveny had requested clarification of the vote on the budget at the Meeting of July 13, 1993, as they thought that they had approved the General Operating Budget, but no capital projects. Specifically they felt that they had not had the opportunity to discuss the Methodist Church or the Ambassador Hotel. Staff clarified that the Ambassador Hotel was a carry over and the Methodist Church, even through it appears on the one time dollar amount, it was the understanding that the money was moved into the RDA Budget. Mr. Molendyk stated for clarification that they felt that the operating budget was approved and all other projects would be subject to discussion in 30 days. Boardmember Cherveny stated that she needed clarification in regard to the status of these projects. Executive Director Molendyk explained that staff had no problem with the 30 day wait because nothing could transpire with those projects within that time, and indicated at the end of 30 days it can be brought back to Council for a specific vote. Chairman Winkler stated that it was his understanding that the Methodist Church was on the budget and it was approved. Boardmember Alongi explained that it was his impression that PAGE TWO - JOINT MEETING MINUTES - JULY 19, 1993 all the items that were on the list provided by Staff, were to be exempt from the vote, which included the Methodist Church. He further explained that he had stated at the time that he would go along with the budget, provided that all the items on the one time list would be removed and discussed later. Chairman Winkler stated that these items could be brought before the Board at the next regular meeting for reconsideration. Boardmember Cherveny requested clarification that the Capital Improvement Projects would be reviewed in three weeks. Chairman Winkler concurred. 2. Update on Municipal Stadium Project. (F: 134 . 10) Executive Director Molendyk explained that staff is still working on the business plan for the stadium and advised that Mr. Murdock of Pacific Clay has offered to contribute, at a reduced cost, the amount of brick which would be needed for the front of the stadium to give it a real old style look. He noted that this contribution is equal to about $300, 000 to the City. He also advised that with the combined discussions with the Lehr family regarding the land required for the stadium, valued at approximately $600, 000, and noted that jointly these would constitute about one million dollars in private donations towards making the stadium work. He further explained that Volume Services which is a major vendor providing food and drink at a number of stadiums is looking at fronting the funds for all the equipment for those services on the inside plus an additional $200, 000 to help to off-set some of the front end operating costs. Mr. Molendyk stated that staff's primary concern is the first year of operation and the related costs and the Volume Services contribution as detailed would constitute approximately $1, 000, 000 for the stadium. Board-member Cherveny asked if the concession items should go to bid. Executive Director Molendyk stated that it was not necessary. She then asked how long they would have the concession. Dan Young explained that it would be approximately 10 years or for the life of the ball team commitment. Legal Counsel Harper explained that this type of contracts are almost impossible to bid because essentially they are a negotiation process and there are three or four providers of those services with which the City has been in contact already. Executive Director Molendyk advised that a private management firm has been considered so that the City would not manage the stadium, rather it would be run like a business. A private management firm would then be responsible to front the money for all the events and the City would be relieved of that financial up-front cost, which would be economically feasible. Executive Director Molendyk noted the many possible uses for the stadium which will make it more economically feasible to run it like a business, as an enterprise account. He further noted that once construction begins, the City will be on a PAGE THREE - JOINT MEETING MINUTES - JULY 19, 1993 tight time line and there will be no time for continuance of consideration. Boardmember Alongi asked what it would cost to convert the ballfield from one type of sports field to another such as from a baseball field, to a soccer field, to a football field, to a rodeo arena. Executive Director Molendyk explained that the rodeo would be located adjacent to the parking lot. To completely remove the infield, take out the mounds, and turf and then replace it to get ready for the next baseball game it would be approximately $65, 000. Boardmember Alongi stated that it would be cost prohibitive to use the ballfield for rodeo grounds and if the land and the brick is being donated for cost savings, then he would like to see the equivalent money spent on the rodeo grounds. He stated that he would like to see enough money allocated and raised to build both facilities in that area. Dan Young explained that there are two levels of rodeos. One is the type of rodeo we see in Lake Elsinore today and an area has been allocated adjacent to the stadium for that type of rodeo. The other is the potential major event which could wish to convert the field for rodeo and concert type events which could be promoted by a business management firm. Mr. Young assured Mr. Alongi that the separate rodeo grounds were included in the project. Dan Young explained the stadium model and stated that the stadium would go into final design and then go to bid. Mr. Young further explained that the donation by the Lehr family is equivalent to $600, 000 and they have asked that in return, the field be named the Pete Lehr Field in honor of their father. He further explained that there are two donations being made, one is the 19 acre site for the permanent facility which is the land under the stadium and permanent parking and 1 1/2 acres for a short cul-de-sac drive which runs parallel to the field. The family has also asked that they receive eight box seats for their donation as well as three parking spaces. The stadium will be named by the City and the field can be named for the donation as well as the street and the suggestion was for Pete Lehr Drive and Pete Lehr field. Boardmember Alongi requested clarification, if the ball park is not named for Mr. Lehr then the City would not receive the $600, 000 land donation. Mr. Young confirmed this. Mr. Alongi stated that in that case, in his opinion the City should pay for the entire facility and then have the choice of the name. He noted his knowledge of property values and explained that if there is going to be a contribution then there should be no attached requests to it. Boardmember Washburn asked if Boardmember Alongi had ever killed a "golden goose" before. Mr. Alongi indicated that he had many times. Mr. Washburn indicated that he felt he was trying to do so again. Mr. Alongi further indicated that he had killed it many times and done alright before. Chairman Winkler commented that this discussion was to the point of absurdity and indicated that in addition to being a negotiating tool, the Lehr's have been outstanding citizens and supported this entire plan, and in his opinion, even if there was no donation made Mr. Lehr would be worthy of having the field and street named after him, therefore he felt that PAGE FOUR - JOINT MEETING MINUTES - JULY 19; -1993 Boardmember Alongi's comment was dead in the water and the discussion should move on. Boardmember Alongi indicated that it his comment was not dead in the water and- he would not move on. Chairman Winkler further suggested that the discussion move on. Boardmember Alongi further indicated that he would not move on, as he had not finished his comments. Chairman Winkler again suggested that the discussion move on. Boardmember Alongi again indicated that he would not move on. Chairman Winkler indicated that this was not Mr. Alongi's meeting. Mr. Alongi indicated that he did not care if it was his meeting or not. Chairman Winkler further indicated that the meeting would move on. Boardmember Washburn concurred that the discussion should move on. Additional Council debate ensued. Chairman Winkler directed that the City Clerk turn off the tape recorder until Councilman Alongi stopped talking. Mr. Alongi indicated that he would continue to speak as soon as the tape recorder was turned back on. Chairman Winkler ascertained that Mr. Young was ready to proceed in spite of the side discussions and advised that discussions would move on and directed that the recorder be turned back on. Mr. Young indicated that they were trying to make a facility for. . . . . Chairman Winkler indicated that there would be further discussions of the Rodeo as well. Mr. Young continued that they were trying to make a facility. . . . . Boardmember Alongi indicated that he was not bothered by Chairman Winkler at all. Mr. Young further continued that in order to accomplish that they would need to proceed very quickly. . . . .Further comments by Boardmembers were overlapping Mr. Young's comments. Boardmember Washburn indicated that he was still listening. Mr. Young indicated it is necessary for them to proceed with obtaining information from the sub- contracting world, bids from graders to evaluate costs and get in to the field as early as August 6th, so official action to authorize the project would be proposed for August 5th. Executive Director Molendyk explained that on a public works project it typically takes 15 days to begin the project, and the City will grant 30 days for extra time to organize and proceed; however, because of the tight time line it will be an exact amount of days and no time for continuance or grace days to proceed with the project. City Attorney Harper explained that one of the problems could be to acquire bidders due to the tight time lines and the amount of time to advertise. Dan Young stated that each item will be on a strict time line to meet the opening by spring. Boardmember Washburn asked if there was any way to negotiate a bid more specifically, and what happens if all the bids are PAGE FIVE -- JOINT MEETING MINUTES - JULY 19, . 1993 higher than what the engineer's estimate is. Legal Counsel Harper explained that the bids can be rejected and restart the procedure. Mr. Young explained that there can be a request to Council for a budget adjustment, depending on the type of project, however each project will be different. Executive Director Molendyk explained that he and Legal Counsel Harper met with Finance this morning and the City has previously formed the Lake Elsinore Foundation for the purpose of cultural arts, recreation and human services and there are some people stepping forward with donations of materials and other things and this will allow people to make donations to the stadium in order to keep costs down. Boardmember Alongi asked if Murdock°s donation of $300, 000 of brick will affect the Council. Legal Counsel Harper explained that the money does not go to Council, but does go to the stadium. Dan Young explained that there will be many facts associated with this project and one of the things necessary will be to appoint a public information person to give information to the press and public. Executive Director Molendyk explained that during the transfer of the Lake, the Council appointed the Mayor as the official spokesman because of type of project. Mr. Molendyk suggested that it might be appropriate to have the Redevelopment Agency Chairman as the official spokesperson. Dan Young stated that this stadium will be built two to three times faster than any stadium has been built and will require cooperation between all entities and agencies. Boardmember Washburn suggested that Mr. Young should get all the involved agencies together and set time lines so that there is proper communication. City Treasurer Pape asked if at the next meeting there would be more detail on the financial Plan. Mr. Young stated that there would. Mr. Pape asked if the dollars that the concession business was going to donate to the City would be funds that the City would not need to use. Mr. Young stated that they would not because it was not a budgeted item. All concession businesses do the improvements and then depend on a team which is signed to bring the people in who will use their business. If a concession business is not willing to do this, then it does have to be added to the budget and a bond issue is done to provide the facilities. Dan Young explained that the donations from the commercial community validate the purpose of the stadium. He further stated that there is a possible need for a meeting on July 28th, for the presentation of documents and a public hearing for the funding, the grading contract and other related matters on August 5th at 2 : 00 p.m. THEff M�EETIN AD ED AT 3: 10 P. y! JIM WINKLER, CHA RMAN GARYi. WASHBURN, MAYOR JRDEVELOPMENT AGENCY CITp� u�F LAKE ELSINORE SAD, CITY CLERK/CLERK OF THE BOARD I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 27, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Community Services Manager Best, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Elsinore Ready Mix. (F: 122 .1) Mayor Washburn indicated that Lawrence Cartier was not able to be present for this proclamation and his son Bob Cartier would be accepting it on behalf of Mr. Cartier and the Cartier family. Mayor Washburn read the Proclamation and presented it to Mr. Cartier, commending his family for the contributions they have made to the community. Mr. Cartier thanked the Council for this recognition. B. Lake Update. (F:92 . 1) City Manager Molendyk indicated that the application of micro- organisms to the Lake is working as anticipated. Manager of Special Projects Watenpaugh further commented on the success of the initial application and indicated that beginning on Friday there will be additional spot treatments. He noted the increasing p.h. level in the Lake and indicated that the final result is anticipated to be between 7.2 and 8.2, which is very close to neutral. i PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 21, 31, and 35. PAGE TWO - CITY COUNCIL MINUTES - JULY 27, 1993 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 5a, 6, 7, 10, 11, 12, 13. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Budget Workshop - July 1, 1993 . (F:44 .4) b. Regular City Council Meeting - July 13, 1993 . (F:44 .4) C. City Council Work Session - July 15, 1993 . (F:44. 4) The following Minutes were received and ordered filed: d. Planning Commission Minutes - June 16, 1993 . (F: 60. 3) e. Planning Commission Minutes - June 30, 1993 . (F;60.3) f. Planning Commission Minutes - July 7, 1993 . (F;60. 3) 3. Received and ordered filed the Investment Report for June 30, 1993. (F: 12.5) 4. Ratified Warrant List for July 15, 1993 . (F:12 . 3) 5b. Rejected and referred to Claims Administrator the Claim submitted by James Robert Roscher - CL #93-14 . (F:52 . 2) 8. Adopted Resolution No. 93-45, Setting Appropriation Limits for Fiscal Year 1993-94 (Proposition 4) . (F:30. 1) RESOLUTION NO. 93-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1993-94 CONSISTENT WITH ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATION. 9. Adopted Resolution No. 93-46, Providing for the Establishment of the Riverside County Abandoned Vehicle Abatement Service Authority and Authorizing Imposition of Vehicle Registration Felt (F:68. 1) (X:140. 1) RESOLUTION NO. 93-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE PROVIDING FOR THE ESTABLISHMENT OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY AND AUTHORIZING IMPOSITION OF VEHICLE REGISTRATION FEE. 14. Approved Change Order No. 7 for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements for West Lake Elsinore, Community Facilities District 88-3 . (F:22.3) PAGE THREE - CITY COUNCIL MINUTES -- JULY 27, 1993 15. Accepted Notice of Completion for Main Street/Pottery Street Intersection Improvements and Flint Street/Yarborough Park Improvements. (F:156. 2) 16 . Accepted Notice of Completion for the Madison Street and Garfield Street Landscape and Irrigation. (F:95. 2) ITEMS PULLED FROM CONSENT CALENDAR 2. L. E.A.F. Animal Control Activity Report - June 1993. (F: 18.2) Councilman Alongi commented on recent incidents regarding L.E.A.F. and the requirement that dogs be adopted by owners with fenced yards. He stressed the number of dog bites occurring and the need to maintain safety standards for the animals as well as the residents. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR JUNE, 1993 . 5a. Claim Against the City - Jacob Hoffer - _CL #93-11. (F:52 .2) City Attorney Harper indicated that after further investigation this item should not be considered at this time. 6. Resolutions Confirming Fiscal Year 1993-94 Special Taxes in Community Facilities District 91-2 (Summerhill Public Improvements) and in Community Facilities District 88-3 (West _Lake Elsinore Public Improvements) - Resolution Nos. 93-39 and 93-40. (F:22. 3) Councilman Alongi indicated that he had pulled this item to abstain from vote. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH CHERVENY ABSENT AND ALONGI ABSTAINING TO ADOPT RESOLUTION NOS. 93-39 AND 93-40: RESOLUTION NO. 93-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 88-3) . RESOLUTION NO. 93-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 91-2) . 7 . Resolutions Confirming Fiscal Year 1993-94 Special Assessments for Assessment District 87-2 (Shoppers Square) Assessment District 89-1 Summerhill Bridge Improvements) Assessment District 86-1 (Northwest Sewer District)_ and Assessment District 90-1A Summerhill Public Improvements - Resolution Nos. 93-41 thru 93-44 . (F: 22 . 3) Councilman Alongi indicated that he had pulled this item to abstain from vote. PAGE FOUR - CITY COUNCIL MINUTES - JULY 27, 1993 MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH CHERVENY ABSENT AND ALONGI ABSTAINING TO ADOPT RESOLUTION NOS. RESOLUTION NO. 93-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 87-2) . RESOLUTION NO. 93-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 89-1) . RESOLUTION NO. 93-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 86-1) . RESOLUTION NO. 93-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 90-1A) 10. Cost Recovery for Demolition of 308 North Langstaff. (Fs32 . 4) 11. Cost Recovery for Demolition of 409 Langstaff. 12 . Cost Recovery for Demolition of 505 Minthorn Street. 13. Cost Recovery for Demolition of 790 Lake Street. Councilman Alongi expressed disappointment that these items did not include a method of assuring repayment. He expressed particular concern with the demolition at 505 Minthorn Street which cost $45, 000 . He stressed that there are currently no agreements stating when the money will be repaid. He indicated that he would like the Council to develop a program which would include interest and repayment requirements. He further indicated that tax dollars should not be used unless they can be repaid more quickly. He suggested that one year or eighteen months be allowed, followed by a foreclosure process. He also suggested that owners be asked to sign an agreement for this repayment. City Attorney Harper indicated that it an agreement can be obtained that would be fine, however he noted that this abatement process is not perceived as voluntary and agreements might be difficult to obtain. He suggested that Council consider a threshold amount at which they would see the foreclosure process being applicable. He noted previous discussions and the importance of recovering costs to allow for additional abatement work. PAGE FIVE - CITY COUNCIL MINUTES - JULY 27, 1993 Mayor Washburn commented on the 505 Minthorn property, noting that it was a real eyesore from the freeway, however based on the comments of the owner, a repayment agreement would not have been seen as an alternative. City Attorney Harper stressed that the objective and the best case scenario would be for the property owner to handle the demolition. Councilman Alongi questioned the ability to charge interest on the outstanding loans. Mayor Washburn suggested that staff investigate alternatives and respond via memo. City Attorney Harper indicated that they were assembling a list of outstanding loans and would review possible threshold amounts. Councilman Winkler suggested review of the entire list and consideration of each item individually. Cuncilman Alongi addressed 505 Minthorn and inquired what happened to the debris from the site. Community Development Manager Shear indicated the some was salvaged, some went to the dump and the trailings were spread on the site. Councilman Alongi inquired whether that material was more than 2 or 3 feet deep on any part of the lot. Mr. Shear indicated that it was. Councilman Alongi inquired whether it would be possible to build on that site with this material. Mr. Shear indicated that a soils engineer would require that it be removed prior to construction. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE COST RECOVERIES ON 308 NORTH LANGSTAFF, 409 LANGSTAFF, 505 MINTHORN STREET AND 790 LAKE STREET. PUBLIC HEARINGS 21. Laguna Heights Specific Plan 92-3 Environmental Impact Report 92-3,_ and General Plan Amendment 93-1 -,The Western Company. (F: 150. 2) (X:83 .2) RESCHEDULED TO AUGUST 10, 1993. Mayor Washburn noted two requests to address this item and explained that the meeting was rescheduled and renoticed for August 10, 1993 and requested that the comments be deferred to that date. BUSINESS ITEMS 31. Final Extension of Time for Tentative Tract Man 19344 C W Asset Management, Inc. - Serenity Homes Tract at Corydon Road. (F: 160. 2) City Manager Molendyk explained this item and its continuance from July 13th to address conditions regarding the park site. A representative of the new owners of this project indicated that they had reviewed the conditions and were in agreement. PAGE SIX - CITY COUNCIL MINUTES - JULY 27, 1993 MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO GRANT THE TWELVE MONTH EXTENSION OF TIME TO EXPIRE ON JUNE 26, 1994, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS - TENTATIVE TRACT MAP 19344 1. Substantial costs associated with the project flood control channel improvement plans have been incurred by the applicant, and the applicant has provided staff evidence that they have had an on- going effort to complete processing the flood control plans through the County Flood Control District. 2 . Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3 . The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS OF APPROVAL 1. Extension of time #3 for Tentative Tract Map No. 19344 will expire on June 26, 1994 according to the Subdivision Map Act and Title 16 of the Lake Elsinore Municipal Code. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, title 16 unless modified by the Conditions of Approval. 3 . Approval contingent upon certification by City Council of a Focused Environmental Impact Report. 4 . Approval contingent upon approval of annexation request by the Local Agency Formation commission (LAFCO) . 5. A finding of conformity to the adopted General Plan. 6. 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. 7. Meet all City Codes and Ordinances. 8. Applicant shall meet all requirements of Ordinance No. 572 . 9. Applicant shall enter into an agreement with the Elementary and High School Districts to off-set overcrowding. 10. All trees planted along streetscape must be a minimum of fifteen (15) gallon size. PAGE SEVEN - CITY COUNCIL MINUTES - JULY 27, 1993 11. Applicant shall submit to the Planning Division and Engineering Department a map showing all eight (8) phases of development. 12. Trailers utilized during the construction phase shall be approved by the Planning Division. 13 . Applicant will utilize the highest Uniform Building Code values pertinent to seismic structural design, as per Senior Building Official and/or ICBO recommendations. 14. Applicant shall submit plans/specifications for six-foot (61 ) decorative block wall along project perimeters to Planning/Engineering Departments for review, as per map item number 23. This item is subject to review and final approval by Design Review Board. 15. Meet County Fire Department requirements for fire protection. 16. Meet County Health Department requirements. 17. Meet Regional Water Quality Control Board requirements. 18. Applicant shall submit design elevations to the Design Review Board for approval. 19. Participate in City--wide entry-signage program. 20. All signage must be under permit. 21. All park and recreational facilities must be improved to standards and specifications of Recreation and Park District and/or City Council. 22. Provide transit facilities (i.e. , covered bus stops) within said project as deemed applicable by Chairman of Lake Elsinore Transit System. 23 . Participate in Landscaping and Lighting District. 24 . All slopes must be planted with erosion control vegetation to be approved by Planning Division. 25. Require developer to dedicate five (5) acres for park usage and improve 2 .7 acres of the five (5) acres. Improvements and location within the thirteen (13) acres to be at staffs discretion, as a condition of the final map. Remainder of the thirteen (13) acres, which is not park site, to be dedicated as a buffer zone. 26. The entry to be as proposed by the developer, a small monument. 27. Delete lots 305, 306, 307, 308, 309, 192, 193 , 194 and 181, for creation of a buffer zone between the development and the airport. PAGE EIGHT - CITY COUNCIL MINUTES - JULY 27, 1993 28 . Include a clause notifying buyers within the Tract of the development's proximity to an airport, 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 Cordon Road. Tests must be provided to show that existing paving is to the City Standards and will support the traffic load represented by the City Engineer's traffic index. Obtain Riverside county permits as required. 31. Construct curb, gutter and paving on all proposed streets to the specifications of the City Engineers 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 I.. guarantee construction of one signalized intersection upon demand by the City on Cordon Road at either Palomar Street or Grand Avenue. Provide services of a traffic engineer to study the need of a signalized intersection at Cordon 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 Cordon Road. City will assist developer in acquiring right-of- way by corresponding with the property 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 Cordon Road. 38 . All local streets which are not terminated in cul- de-sacs shall have 60-foot right-of-way with 40- PAGE NINE - CITY COUNCIL MINUTES - JULY 27, 1993 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 Cordon Road as approved by the City Engineer. 40. Provide bus turnout and bus shelter on Cordon 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 elevation 12701 , the lowest corner being elevation 12611 . Earth fill up to as high as 1276' is being proposed in this northwest corner of the tract to provide recreation and public facilities. City Ordinance No. 603 states in Section 2 . 3-1(3) : "Review 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 recreation facilities are proposed below elevation 12701 . City Ordinance No. 711 states in section three: "No person, firm or corporation shall construct any new non-residential structure within the City of Lake Elsinore with the foundation or basement lower than the elevation of 1270' mean sea level within the perimeter streets of Lake Elsinore consisting of Grand Avenue, Riverside Drive, Mission Trail and Corydon Road, except as specifically permitted by the City Council on a case-by-case review. " PAGE TEN - CITY COUNCIL MINUTES - JULY 27, 1993 Planning Commission and City Council must interpret the proposals shown on the 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 developments 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 Cordon 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 (101 ) top width PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 27, 1993 maintenance road. An irrevocable offer of dedication of an easement shall be given by developer for this drainage facility. City will not accept the easement, but will leave underlying ownership and maintenance responsibility with the individual home owner. 53 . Comply with the requirements of Elsinore Valley Municipal Water District, County Health Department and California Regional Water Quality Control Board for sewage disposal. Provide letter from Elsinore Valley Municipal Water District pertaining to agreement regarding sewage disposal construction. 54. Developer to hook-up to regional sewer system. Install cleanouts behind the sidewalk on all sewer laterals as required by the City and/or Elsinore Valley Municipal Water District. Developer acknowledges that sewer lateral maintenance from the sewer main in the street to the property line is homeowner or Elsinore valley Municipal Water District's responsibility. No occupancy will be granted until sewer service is available from Elsinore Valley Municipal Water District regional sewerage collection and treatment system. 55 . Provide a will-serve letter guaranteeing water service from Elsinore Valley Municipal Water District. 56 . Dedicate underground water rights and future water site to the City or its assignee. 57 . Pay all applicable Capital Improvement fund fees per Ordinance No. 572 . 58. Pay all sewer fees as required by Elsinore Valley Municipal Water District. 59 . Pay all Public Safety fees (police and fire) per Resolution No. 83-87. 60. Pay all School fees. 61. Prior to Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner(s) and the City. 62 . Final Map shall show the following items with a prominent note: a) All geologic fault lines. b) 100-Year and 500-Year Flood Plain. c) Areas subject to flood hazards. 63 . Provide Tract Phasing Plan for City Engineer's approval. Bond public improvements for each phase, as approved by the City Engineer. PAGE TWELVE a CITY COUNCIL MINUTES - J'ULY 27, 1993 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 198E (commencing with Section 22500 of the Streets and Highways Code) to pay for the annual cost of lighting, landscaping and parks which benefit the project, by the annual levy and collection of an assessment within the Project Area. B. A Community Facilities District to be formed under the Mello Roos Community Facilities Act of 1982 (commencing with Section 53311 of the Government Code) to pay for the cost of fire, police and storm water protection services, by the annual levy and collection of a special tax within the project area. The developer agrees to waive any right of protest under the Lighting and Landscaping Act of 1982 . Furthermore, the developer agrees to vote affirmatively on the ballot proposition to be submitted at a special election incident to proceedings under the Mello Roos Community Facilities Act of 1982 . 68 . Developer shall complete construction of the 4.85 acre park site which includes the 2 . 7 acre active park and have it ready for pre-maintenance acceptance by the Director of Community Services concurrent with the first Certificate of Occupancy excluding the model complex, for the next constructed phase. Provided the City has funds, Developer shall share the cost and participate in the installation of turf hydroseeding and permanent irrigation of the remaining approximate 7 . 0 acre park site; otherwise, Developer shall install erosion control measures on-site in accordance with the previous parks agreement. 69. All improvement plans and tracts shall be digitized. At certificate of occupancy applicant shall submit tapes and/or discs which are compatible with City°s ARC INFO/GIS or developer to pay $1, 000 per sheet for City digitizing. 70. Developer shall provide No Parking and Street Sweeping signs for streets within tract or pay a fee for installation by the City. 71. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. PAGE THIRTEEN - CITY COUNCIL MINUTES -- JULY 27, 1993 72 . Tract building and grading permit phasing shall be in accordance with agreed upon sequence of development activities signed August 1, 1988 . 73 . Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 74 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer ad approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 75. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutants Discharge System Permit prior to issuance of grading permit. 76. Applicant shall bond for the cost of the storm drain system for Cordon Street to the northwest boundary for tract 19344-3 as part of the first phase of future development. 77. The owner shall provide the City with storm water pollution prevention plan per the Regional Water Quality Control Board for Natural Pollutants Discharge System (NPDES) Permit prior to issuance of grading permit. 78 . Applicant to process a Letter of Map Revision (LOMR) for the Flood Insurance Rate Map (FIRM) for storm drain improvements which will be or have been installed as part of this tract. The LOMR shall be submitted to the Federal Emergency Management Agency (FEMA) prior to building permit issuance. 79 . The current property owner and/or developer shall assume all obligations and conditions contained in the "Agreement for Construction of Improvements and Dedication of Parkland" dated February 10, 1988. The current property owner shall also reexecute this agreement in their name with the City prior to the next Final Tract map approval. 80. Prior to the next Final Tract Map approval, the current property owner and/or developer shall provide a new bond for the cost of park construction as defined in the "Agreement for Construction of Improvements and Dedication of Parkland" . 32. Ordinance No. 961 - Parking & Lake Regulation Enforcement Procedure. (F: 112 . 1) (X: 92 . 1) MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 961: Councilman Alongi indicated that he had two concerns, the first being the case of emergency parking in otherwise no parking areas. He suggested that this option be in place. PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 City Attorney Harper clarified that this ordinance does not impact existing parking ordinances and resolutions, except in the way they are processed and handled. Councilman Alongi inquired when this type of addition should be addressed. City Attorney Harper indicated that this would be addressed the same as any other parking regulation on a street by street basis. Councilman Alongi further inquired whether that would mean adopting this ordinance and coming back for amendments. Mr. Harper further clarified the ability to bring this back as a resolution. Councilman Alongi addressed Section 10. 12 . 060A of this ordinance and suggested that vehicles such as Recreational Vehicles be limited to 48 hour restrictions. City Attorney Harper clarified that this was merely ratification of the State statute and there is really no ability to limit the hours further. Councilman Alongi indicated that it was his understanding that Recreational Vehicles and Travel Trailers were not directly regulated as vehicles under the State code. City Attorney Harper indicated that the only vehicles not regulated in this way would be non-motor vehicles. Councilman Alongi then inquired whether travel trailers could be limited to 48 hours. City Attorney Harper indicated that they are addressed in a different area of the ordinance. Councilman Alongi further questioned the ability to adopt an ordinance limiting Recreational Vehicle and Travel Trailer parking. He stressed ongoing problems with blocked visibility and hazards created. City Attorney Harper indicated that would be possible if it were to ban the parking of these vehicles. ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 10. 12 IN ITS ENTIRETY. THE FOREGOING MOTION CARRIED UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 33 . Ordinance No. 962 - Regulating _ Control_ of Vicious and Potentially Dangerous Dogs. (F: 18. 1) City Manager Molendyk indicated that Anne Washington, Executive Director of L.E.A.F. , was unable to attend this meeting and had requested that it be continued for two weeks. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM FOR TWO WEEKS. Mayor Washburn indicated that while the system sounded acceptable, he would suggested that the Council be represented on the determination board. PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 3.4 . Southern California Joint Powers Insurance Authority Annual Meeting - Designation of Alternates. (F:88. 1) City Manager Molendyk indicated that initially it was thought that no Council would be able to attend this meeting, however, Councilman Alongi had since expressed an interest in attending with Administrative Services Director Boone. He suggested that Councilman Alongi be designated the Delegate and Mr. Boone designated as the Alternate. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DESIGNATE COUNCILMAN ALONGI AS THE DELEGATE TO THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND ADMINISTRATIVE SERVICES DIRECTOR BOONE AS THE ALTERNATE. 35. Notice of Default - CR & R, Inc. (F: 68 . 1) (X:163 . 1) City Manager Molendyk explained that it is the intent to give notice to CR & R, based on Section XII B of the contract, due to continuing problems of street sweeping services. This action would provide 30 days written notice to CR & R Inc. and if the problems are not resolved within the next 30 days then a final decision would be made. David Fahrion, Vice President for CR & R apologized for having to appear before the Council and stated that he is sensitive to the concerns and that his company is prepared to perform to meet the requirements of the City. He explained that his company has met with staff and is attempting to resolve the concerns, noting that the initial response was a bit of an overkill. Mr. Fahrion explained that as of July 16th, Apollo Sweeping's services were discontinued and CR & R is now using their own equipment and personnel and will continue to correct any problems and make the necessary improvements. He explained that CR & R has prepared a specific plan as to how his company will meet the expectations of the City and will be presenting it to staff within the next two days and asked the Council not to take formal action and allow his company a 30 day transitional period to allow CR & R to get their equipment and personnel in place so that they can do the job correctly and at the end of August if Council is not satisfied, then they will be justified in placing CR & R under a 30 day termination notice. Public Services Director Tecca presented a three minute video which described the deficiencies that are being discussed. The video showed some of the sweeping problems, bin problems and trash that was spilled and not cleaned up. City Manager Molendyk explained that the City has been under contract with CR & R since June, 1992, and that he did not think that it was an overkill when management recommended to the Council that there are defaults in the existing contract. He further explained that the video was taken this date, but the City hears it everyday and he feels strongly that the next 30 days are imperative to evaluate CR & R°s performance. Mayor Pro Tem Dominguez asked Mr. Fahrion if CR & R had picked up all the old trash cans and asked if the residents were notified. Mr. Fahrion stated that they were and that the PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 27,E 1993 residents had been notified. Mr. Dominguez stated that there should be a follow-up to this because people are still contending with the old cans. City Manager Molendyk explained that generally when a city has a major contract there is a supervisor in that city to supervisor in the city to review problems and make everyone's job smoother. Mr. Molendyk stated that he was told that there is only one supervisor for four cities, and suggested that is a large geographical area for one person to handle. He reminded Mr. Fahrion that when CR & R negotiated their contract it was discussed and agreed that when CR & R's employees spilled trash or if there was trash in the streets, then the haulers would pick it up and this has not occurred. Mr. Molendyk indicated that he does hold CR & R responsible for the performance of street sweeping as they are CR & R's sub-contractors and CR & R has not addressed the problems. Mayor Pro Tem Dominguez stated that there needs to be a notice in the paper or on King Video 11311 to address the replacement of the trash cans. Mr. Fahrion concurred. Mr. Fahrion explained that there is a new route planned for the street sweeping to better address the issues and problems which have occurred. It is CR & R's intent to improve the overall efficiency of the program. He further explained that there is over a 1, 000 people in the City that are delinquent in their payment, and in the case of commercial users their service has been stopped in order to force payment for service. The majority of the bills are 90 to 120 days delinquent and this constitutes one fourth of the billings within the City. Mayor Washburn asked how many delinquencies there are in the other cities. Mr. Fahrion stated that the other cities have approximately a 10o delinquency ratio. City Manager Molendyk explained that it this should be covered in that the 20o who don't pay are covered by the 80o who do pay and noted that there was consideration to ultimately collect the trash fees through the tax bills as well. He indicated this could be brought back to Council for discussion. Mr. Fahrion stated that staff has been very responsive to their calls and have discussed several ideas and CR & R is moving forward, but he did want remind the Council of the cash flow problems which are experienced from this community and indicated he does have a complete listing of the persons who have not paid. Councilman Alongi questioned the commercial accounts which are not paying and CR & R having stopped service with a resulting build-up of trash. He asked if it would not have been better to remove the containers because of nonpayment instead. Mr. Alongi asked if there were an ordinance which would force commercial accounts to receive service and pay for that service. He explained that he does not like to see a trash bin flowing over and spilling trash as it creates a serious problem both for residential and commercial. City Manager Molendyk explained that it was discussed to place trash fees on the tax rolls so that the City could assist the PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 trash hauler in making that annual collection which can still be considered. Mayor Washburn explained that unfortunately one or two items that triggered this action, causes the situation of who owes what and creates confusion. He inquired if the customer overfills the trash bin and it spills, who is responsible for picking it up. Councilman Alongi suggested that if the hauler who collects observes that the trash bin is overflowing, then the customer should be notified that there is a need for a second trash receptacle. Mr. Fahrion explained that CR & R does not have the authority to apply more service to the customer, CR & R can notify, but it is up to the customer to increase the service. Public Services Director Tecca suggested that if CR & R has an overdue account, then the barrel is red tagged informing the people that the trash is accumulating and will not be picked up until the bill is paid. Code Enforcement can then follow up and site the resident or business for accumulating trash on their property. This is one method to force trash collection. Mr. Fahrion explained that no trash has been left in the residential sector but the stop service in the commercial is very effective and usually within one week the problem is resolved. He further explained that they are addressing the current problems and again requested that Council give CR & R the opportunity to set all solutions in motion and if the Council is still dissatisfied, then place the company on notice. Councilman Alongi explained to Mr. Fahrion that the trash that is falling out of the barrels is not being picked up. Mr. Fahrion stated that this will be resolved. Councilman Alongi stated that he was disappointed in the street sweeping and that he would like to have some way to notify on just the street sweeping and keep the trash service. Mayor Washburn asked if the Council moves to give the 30 day notice of violation of the terms and conditions of the contract who determines if CR & R lives up to the agreement or that they have failed to meet the concerns and the termination is final. City Attorney Harper stated that it would be a Council decision based upon input from staff. Councilman Winkler asked if Council would have to r_sscind the Notice of Termination if Council feels that they have met all the concerns, otherwise the termination becomes effective. City Attorney Harper stated that it would. Mr. Winkler asked if there was a provision in the contract that if the City decided to rescind the termination that CR & R would decide to continue the termination and quit service to the City. City Attorney Harper stated that there was no provision in the contract for this and it would be unlikely that CR & R would do so. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO BRING THIS ITEM BACK TO COUNCIL IN 30 DAYS TO DETERMINE AT THAT TIME IF THERE SHOULD BE A NOTICE OF DEFAULT. PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 Mayor Washburn stated that staff has been working with CR & R regarding the deficiencies and asked Mr. Fahrion if he could comply. Mr. Fahrion stated that he will meet with staff by Friday with a detailed specific plan including all the items of concern addressed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting with concurrence of the City Council. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting with concurrence of the City Council. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting with concurrence of the City Council. THE CITY COUNCIL MEETING WAS RECESSED AT 8 : 00 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8 : 59 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY TO DISCUSS REAL PROPERTY NEGOTIATIONS. THE CITY COUNCIL MEETING WAS RECONVENED AT 10: 19 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:20 P.M. TO THURSDAY, AUGUST 5, 1993 , AT 2 : 00 P.M. IN THE BOARD ROOM OF ELSINORE VALLEY MUNICIPAL WATER DISTRICT, 31315 CHANEY STREET, LAKE ELSINORE. G M. WASHBURN, MAYOR CI A TE>�;, OF LAKE ELSINORE I ' ' SAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES ADJOURNED REGULAR CITY COUNCIL/REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA Thursday, August 5, 1993 CALL TO ORDER The City Council Meeting was called to order by Mayor Washburn at 2 : 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS/ ALONGI, C"HERVENY, DOMINGUEZ, BOARDMEMBERS: WINKLER! WASHBURN ABSENT: COUNCILMEMBERS/ NONE BOARDMEMBERS: Also present were: City Manager/Executive Director Molendyk, Acting City Attorney/Legal Counsel Burns, Administrative Services Director Boone, City Planner Leslie, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk/Clerk of the Board Kasad. CALL TO ORDER The Redevelopment Agency Board Meeting was called to order at 2 : 05 p.m. for concurrent consideration. CONSENT CALENDAR MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Approved Recovery of Expenditures for the Abatement of Weeds, Rubbish, Refuse and Dirt and Adopted Resolution No. 93-47. (F: 166. 1) RESOLUTION NO. 93-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 2 . Adopted Resolution No. 93-49 regarding Transfer of Construction Funds for Fiscal Year 1993-94 Debt Service Phase II in Community Facilities District 88-3 . (F: 22 . 3) PAGE TWO - JOINT ADJOURNED REGULAR MEETING - AUGUST 50 1995 RESOLUTION NO. 93-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) PROVIDING FOR CONSTRUCTION-PERIOD INTEREST IN THE AMOUNT OF $350, 000 TO BE CREDITED AGAINST REQUIRED REVENUES FOR FISCAL YEAR 1993-94 FOR SAID DISTRICT AND DIRECTING THE ENGINEER TO PREPARE A REPORT IN ACCORDANCE THEREWITH. PUBLIC HEARING 3 . Public Hearing and Consideration of Documents pertaining to the Lake Elsinore Municipal Stadium. (F: 134. 10) City Manager/Executive Director Molendyk explained this item and highlighted the documents presented for consideration. He noted that Staff and Consultants were present to respond to Council questions. The City Clerk reported no written comments or protests. Chairman/Councilman Winkler opened the public hearing at 2 : 06 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 2 : 06 p.m. MOVED BY WINKLER, SECONDED BY WASHBURN TO APPROVE ITEMS 3 .a. THROUGH 3 .k. AS PRESENTED. Boardmember/Councilwoman Cherveny questioned the number of people representing the public in attendance. She noted for the record that there was only one person in attendance. Boardmember/Mayor Washburn noted for the record that the gentlemen present in the audience represents thousands of Little Leaguers in the Community. Boardmember/Councilman Alongi questioned the timing of this public hearing, rather than holding it at the regular evening meeting hour. He stressed the difficulty of attending meetings of this type when one must be at work. Chairman/Councilman Winkler indicated that it was necessary to meet this date to allow the project to begin and meet the deadlines. Boardmember/Councilman Alongi stressed the right of the public to speak and indicated that the working public is not able to attend meetings at this time. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSTAINING, WITH A RESULT OF APPROVING THE FOLLOWING ACTIONS: a. Adopted Resolution No. RDA 93-7 , Declaring Intention to Reimburse expenditures from the Proceeds of obligations to be issued by the Lake Elsinore Public Financing Authority and Loaned to the Redevelopment Agency. PAGE THREE - JOINT ADJOURNED REGULAR MEETING - AUGUST 5, 1993 RESOLUTION NO. RDA 93-7 A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND LOANED TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND DIRECTING CERTAIN ACTIONS. b. Approved First Amendment to Amended and Restated Lehr Option Agreement Under Threat of Condemnation and authorized signature of the agreement. c. Approved Agreement for Purchase and Sale of Real Property and Escrow Instructions Under Threat of Condemnation with the Peter J. Lehr Sr. and authorized signature of the agreement. d. Accepted Irrevocable Offer to Donate Stadium Site and Stadium Access Parcel and Unconditional Acceptance Subject to Covenants, Conditions, Restrictions & Reservations with Peter J. Lehr Sr. and authorized execution and recordation of the document. e. Approved Entry License Agreement with Peter J. Lehr and authorized signature of the agreement. f. Approved Construction Management Agreement betw-asn the Redevelopment Agency and Birtcher Construction Limited and authorized signature of the agreement. g. Approved Construction Management Agreement betwF:en the Redevelopment Agency and Young Investment Group and authorized signature of the agreement. h. Approved Construction Management Agreement between the Redevelopment Agency and Peter M. Savello & Associates, Inc. and authorized signature of the agreement. i. Approved Addendum to the East Lake Specific Plan Final Environmental Impact Report (93-3) for the Revised Lake Elsinore Stadium Location and adopted Resolution No. 93-48. RESOLUTION NO. 93-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR EAST LAKE COMMUNITY BUILDERS/CITY OF LAKE ELSINORE (EAST LAKE) AND ADOPTING FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL EFFECTS OF THE PROPOSED STADIUM AS SET FORTH IN THE FINAL EIR AND ADDENDUM. j . Approved Variance from the Requirements of Section 7. 78 . 080 (F) of the Lake Elsinore Municipal Code for a variance from the noise level restrictions for the Lake Elsinore Municipal Stadium Construction Project; . k. Awarded Contracts for Rough Grading of the Stadium Site to Nelson & Belding in the amount of $606 , 130. 00; for Field Survey to Hunsaker & Associates in the amount of $132, 000; and to Pacific Soils Engineering, Inc. for Soils Testing in the amount of $73, 650. 00, and authorized signature of the Contracts. PAGE FOUR - JOINT ADJOURNED REGULAR MEETING -- AUGUST S, 1993 Executive Director/City Manager Molendyk commented on the memo presented and explained that the management team as proposed will supervise the entire project to keep it on schedule and on budget. CLOSED SESSION None. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOT`t TO ADJOURN THE JOINT ADJOURNED REGULAR MEETING AT 2 : 10 P.M. GARY WASHBURN, MAYOR JIM WINKLER, CHAIRMAN CITY F? LAKE ELSINORE REDEVELOPMENT AGENCY A TEST: i �j , VICKI KASAD, C TY CLERK/ CLERK OF THE BOARD MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 10, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Acting City Attorney Burns, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh and City Clerk Kasad. PRESENTATIONS/CEREMONIALS Mayor Washburn requested that the City Manager provide an update on the Stadium project. (F: 134. 10) City Manager Molendyk noted that a special meeting was held on August 5, 1993 , at which time the contract was awarded for grading of the Municipal Stadium site and construction is underway. He further noted that lighting was being used in the floodplain to allow for hauling of dirt and construction at night. Brian Meyers, Young Investment Group, advised that bids on this project were opened on August 4th with 45 sets of specifications out and 12 bids submitted. He further advised that the low bid accepted was under budget, work began on August 6th, and they began accepting dirt from the Walmart site on August 9th. He noted that the hauling is being done at night to limit traffic disturbance and allow for synchronization of traffic signals. He also noted that to date the grading project has been very successful. Mayor Washburn inquired where the best location for viewing the project underway would be. Mr. Meyers indicated that they will be providing a dirt platform for viewing at the intersection of Campbell and the Railroad Canyon Intersection. He stressed that this would keep people out of the way of the trucks and still allow for viewing. City Manager Molendyk commented on the potential liability of having the public on site and advised that on August 11th the site would be signed as a construction zone and access will be limited. He also advised that the intent is to move approximately 8, 000 yards of dirt per evening. He stressed that all necessary permits PAGE TWO -- CITY COUNCIL MINUTES - AUGUST 10, 1993 and approvals have been received. He noted recent calls with questions concerning the Stadium, season tickets, etc. and indicated that updates would be provided at Council meetings as the information is available. Mayor Washburn suggested that people wanting information on tickets, etc. contact City Hall. Mr. Meyers indicated that ticket sales will most likely begin the second week in September. Councilman Alongi indicated that he had received information that the Stadium site is historical site #4042 and requested clarification. Tom Ryan, representing the Chamber Group, indicated that site 4042 is not located within the grading area, but closer to the Von°s shopping center. He stressed that it will not be impacted at all by the grading operation. He further indicated that the site is approximately 50 meters by 100 meters. Mayor Washburn inquired whether this site is addressed by the E.I.R. Mr. Ryan indicated that it is addressed by the E.I.R. Mayor Washburn noted the necessary monitoring and testing which would be required. Councilman Alongi inquired who had certified the location of this site. Mr. Ryan indicated that it is on the site map and archeological maps from the Corps of Engineers, as well as being delineated in the E. T.R. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item number 21 of this agenda and deferred to that time. CONSENT CALENDAR 1. Minutes a. Ad 'ourned Regular City Council/Redevelopment Agency Meeting - July 19 , 1993 . (F:44.4) Councilman Alongi indicated that on page 3 of 4 these minutes were not complete. He further indicated that the meeting was interrupted with the tape recorder being turned off. He read Council Policy No. 100-7 regarding City Council Meeting Tapes, and stressed that they are to be maintained as public record for four years. He commented that the Chairman does not have the right to require the Clerk to turn off the recorder. He also read Council Policy No. 200-1, Section 4 . 2 regarding the "Right of Floor", indicating that he was not allowed his comments after being given the floor. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE THE MINUTES AS PRESENTED. Councilman Alongi indicated that if the Council approves the Minutes as presented he will file complaints with the Fair Political Practices Commission and the State Attorney General's Office on this matter. He stressed that the minutes are not correct. THE FOREGOING MOTION WAS WITHDRAWN. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 10, 1993 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO HAVE THE CITY CLERK REVIEW THE TAPES FOR ACCURACY AND RETURN THE MINUTES FOR CONSIDERATION. b. Regular City Council Meeting - July 27 , 1993 . (F:44 .4) MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD ON JULY 27, 1993 . C. Adjourned Regular City Council/Redevelopment Agency Meeting - August 5, 1993 . (F: 44 . 4) MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/REDEVELOPMENT AGENCY MEETING HELD ON AUGUST 5, 1993 . d. Planning Commission Meeting - July 19 1993 . (F: 60. 3) MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE PLANNING COMMISSION MINUTES OF THE MEETING HELD ON JULY 19 , 1993 . 2. Building Activity Report - July, 1993 . (F:32 .2) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE BUILDING ACTIVITY REPORT FOR JULY, 1993 . 3. Code Enforcement Activity Report - July, 1993 . (F:54. 1) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR JULY, 1993 . 4 . Warrant List - July 30, 1993 . (F: 12 . 3) Councilwoman Cherveny questioned the Lake Park and Recreation Account and the $575, 000 expenditure. Administrative Services Director Boone indicated that this was the repayment. Councilwoman Cherveny inquired whether the expenditures from this account were in fact $909, 000. Mr. Boone confirmed indicating this was repayment of the loan from the Agency and the clean up work. Councilwoman Cherveny further questioned this total amount of expenditures and questioned the amount of funds received from the State with the transfer. Mr. Boone indicated that it was a total of $1.5 million. Mayor Washburn requested that staff provide a status report on the fund. Councilwoman Cherveny questioned warrant number 32337. Mr. Boone indicated that this was the tax collection for Community Facilities District 90-2 which is paid to the City and transferred to the Redevelopment Agency. Councilwoman Cherveny addressed the Lake Enterprise Account and inquired whether it has been confirmed that the $400, 000 for the lake clean up is a justifiable expense for the funds. Mr. Boone indicated that he believes it is, but is continuing to investigate. Councilwoman Cherveny requested a memo detailing appropriate uses for those funds. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 10, 1993 MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 5. Claim Against the City - Lake Elsinore Recreation Area Inc. (F: 52 . 2) Councilwoman Cherveny expressed concern that there is already one lawsuit and inquired if this was in fact the second. City Manager Molendyk indicated that the first lawsuit is ongoing with the State and the concessionaire; while this addresses the loss of revenues from the flooding in January. Mayor Washburn indicated that the City was not the party responsible for the flooding. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO REJECT THIS CLAIM AND REFER IT TO THE CLAIMS ADMINISTRATOR FOR HANDLING; AND AUTHORIZE THE CITY CLERK TO TRANSMIT A LETTER TO THE CLAIMANT INFORMING THEM OF THIS DECISION. 6. Resolution No. 93-50 - Ordering Judicial Foreclosure of Delinquent special Taxes on Community Facilities District 88--3 . (F:22 . 3) Councilwoman Cherveny noted the delinquency rates in three Community Facilities Districts and questioned the need to begin foreclosure on the owners in the other two districts. Mr. Boone indicated that in this particular district the third phase of funding is pending this action on the existing delinquencies. Councilwoman Cherveny questioned the impact of this concern on the proposed fire station. Mr. Boone indicated that it is to be funded with the third phase. Councilwoman Cherveny commented that the fire station will not proceed without this action. Mr. Boone further indicated that the foreclosure on the other districts could not proceed until the final delinquency list is received from the County. Councilwoman Cherveny addressed the district with a 96% delinquency rate and questioned whether the City holds adequate reserves to cover the shortfall. Mr. Boone indicated that there was some money in the fund for the district. Councilwoman Cherveny inquired what happens if the reserves are used up. Mr. Boone advised that the City is not legally responsible for these, however the existing reserves should cover for three more years. Councilwoman Cherveny further questioned what happens if the reserves are depleted. Mr. Boone indicated that the foreclosures would proceed and in the worst case the bond holders would receive the property. Councilwoman Cherveny requested that updates be provided on all of the district delinquencies. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-50. RESOLUTION NO. 93-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ORDERING JUDICIAL FORECLOSURE OF DELINQUENT TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, THAT THE TAX COLLECTOR BE CREDITED WITH THOSE TAXES AND DESIGNATING COUNSEL. 7 . Acceptance of Bids for Demolition of Hazardous Structure - PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 10, 1993 17054 Ulmer Street. (F: 32.4) Councilman Alongi expressed concern that no photo was provided of this property. He expressed further concern that the funds for this demolition come from the Redevelopment Agency, but there is no system in place to recoup the costs. He inquired if the property defaults on the taxes, whether the City is notified or if it just looses out. City Manager Molendyk indicated that if the property is in default it would be settled, and Council can start foreclosure at any time. Councilman Alongi expressed concern that there is no time limit. Councilwoman Cherveny indicated that she was concerned that the foreclosures are not begun right away. Mayor Washburn indicated that would be possible. Acting City Attorney Burns confirmed that a lien can be foreclosed upon at any time. He further confirmed that the City would be notified of defaults. Councilman Alongi expressed concern that the County would be first in line for reimbursement. He also indicated that he is familiar with this property and is concerned with the expenditure. Mayor Washburn indicated that this work should proceed with a lien on the property and the Council needs to talk about the process. Mayor Pro Tem Dominguez suggested a Study Session on this topic. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE LOW BID FROM ENVIRONMENTAL CONTROL SYSTEMS IN THE AMOUNT OF $15,700. 00 AND DIRECT STAFF TO PROCEED WITH THE DEMOLITION. 8. Award of Contract - Summerhi.11 Drive Walkway - Del Pizzoli to Ponte Russo. (F: 146. 1) Councilman Alongi indicated that he is an advocate of this sidewalk, but he also advocates sidewalks in other areas. He further indicated that he does not appreciate taking $14, 000 out of the City budget when the problem actually lies with the developer of Tuscany Hills. He stressed that the developer should provide the sidewalk. Mayor Washburn indicated that the sidewalk is a condition of the development to proceed with construction of the project. He indicated that if the Council wants the sidewalk now, the City will have to do it. Councilman Alongi indicated that this is not a responsibility of the City, when the developer agreed to provide it. He stressed that City dollars should not be used to address this for the developer; he questioned the potential for reimbursement by the developer. City Manager Molendyk indicated that it would not be reimbursed. Councilman Alongi indicated that he did not want the City to provide the sidewalk although he attended the meeting. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 10, 1993 City Manager Molendyk detailed the number of children attending the school and the percentage bussed to the site versus walking to school. He stressed the need for Council to make a decision on this so if the sidewalk is to be provided it can be done before the rainy season. He noted the need for street lights in this area as well, and indicated that without the completion of the conduit it was not possible. He commented that it was the feeling of the traffic engineer that the kids should be off the street and this was the best possible solution for that. Councilwoman Cherveny inquired whether this money was from the general fund or capital improvements. City Manager Molendyk indicated that $100, 000 is allocated annually for sidewalks. Councilman Winkler inquired where these funds are from. Mr. Molendyk indicated that it came from Gas Tax, etc. Council discussion ensued regarding the funding sources and use. MOVED BY WASHBURN, SECONDED BY ALONGI TO TABLE THIS ITEM INDEFINITELY. City Manager Molendyk suggested discussion at the next Council Meeting to allow for any work to be completed prior to rains. THE MOTION WAS AMENDED WITH CONSENT OF THE SECOND TO TABLE THIS ITEM UNTIL THE NEXT CITY COUNCIL MEETING. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 9. Lehr Drive - Rescind One-Way Traffic Restriction - Resolution No. 93-51. (F: 162. 2; MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-51. RESOLUTION NO. 93-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RESCINDING RESOLUTION NO. 85--65 WHICH ESTABLISHED LEHR DRIVE EASTERLY OF RIVERSIDE DRIVE AS AN ONE-WAY STREET. 10 . Cost Recovery for Board up of California _Inn - 164 South Main Street. (F;32 . 4) Councilman Alongi noted that the Agency is loaning this project $200, 000 for the rehabilitation of the building. He suggested that this $8 , 565.00 be deducted from that loan. Councilwoman Cherveny concurred with this suggestion. Mayor Washburn indicated that he was not certain what the verbiage of the contract called for. Councilman Alongi further recommended deduction of this amount from the loan. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 11. Cost Recovery for Board up of 17377 Baker Street. (F: 32 .4) Councilman Alongi inquired who the owner of this property is. Community Development Manager Shear indicated that the property is owned by Mr. Carl May. PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 10,, 1993 MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. Councilwoman Cherveny questioned the ability to start foreclosure as soon as the lien is placed. She questioned the number of liens pending. Mr. Shear indicated that he was not certain how many liens were pending, but the total cost is approximately $200, 000. He further indicated that in discussion with the City Attorney, one concern is that the foreclosure process might cost more than the liens are worth, and they are currently reviewing all liens to determine those appropriate to pursue. Councilwoman Cherveny requested a list of properties and the period of time, each has been held. Councilman Winkler stressed the importance of pursuing only those which are cost efficient. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 12 . Cost Recovery for Demolition of 410 North Poe Street. (F: 32.4) Councilman Alongi indicated that he had gone by this property and the one next door is a nice piece of property. He stressed his interest in providing low income housing and suggested with less than $20, 000 this property could have been rehabilitated and made useful. He stressed the need for a program to assist owners or acquire property which could be rehabilitated to provide low income housing. He expressed concern with tearing down properties which could be rehabilitated. Councilman Winkler inquired whether this building had in fact already been demolished in June. Mr. Alongi indicated that it had, however, he stressed the potential to rehabilitate. Mayor Washburn suggested that these comments be reserved for Council Comments and addressed at that time. Councilman Winkler stressed that this building had already been demolished. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 13 . Cost Recovery for Structure Abatement Action at 29523 La Shell. (F: 32 . 4) Councilman Alongi indicated that he has questioned this property before, noting he is uncertain why the property is in such a condition. He suggested investigation of taking over the building, noting that it could be acquired or finished through assistance from the Agency. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 10, 1993 14 . Cost Recovery for Board up of 30181 Riverside Drive. (F:32 .4) Councilman Alongi questioned the problem with this property and the ability for the Redevelopment Agency to step in an assist. He indicated that this was another situation that a program could address. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 15. Set Public Hearing Date of August 24, 1993 , for the following: a. Specific Plan 92-3 . Environmental Impact Report 91-3 and Tentative Tract Map 27415 (Lake Terrace) - Komerlca Land Development. (F: 150. 2) Councilman Alongi questioned this Specific Plan number indicating that it was the same as item #21 of this agenda relating to Laguna Heights. City Clerk Kasad advised that this had been investigated and this item should be Specific Plan No. 92-2 ; and all notices have been corrected. MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE HEARING DATE OF AUGUST 24, 1993 , FOR SPECIFIC PLAN 92-2, ENVIRONMENTAL IMPACT REPORT 91-3 AND TENTATIVE TRACT MAP 27415 (LAKE TERRACE) - KOMERICA LAND DEVELOPMENT. PUBLIC HEARINGS 21. Laguna Heights Specific Plan 92-3 , Environmental Impact Report 92-3 and General Plan Amendment 93-1 - The Western Company. (F: 150. 2) Councilman Winkler excused himself from the table due to a potential conflict of interest. City Manager Molendyk explained that Laguna Heights is located in the County area adjacent to the City and is a Specific Plan. He further explained that if approved it will go forward to LAFCO for consideration of the annexation, He noted that the project has involved a number of neighborhood meetings with the developer and affected neighborhoods. City Planner Leslie detailed the Planning Commission of the project. He further explained that even if this project is approved as a Specific Plan and the General Plan Amendment is passed the project will still have to come back to Planning Commission and the City Council for the annexation. He advised that staff is currently trying to work out exactly what area will be included in the annexation proposal. Mr. Leslie further advised that the main issues discussed at the Planning Commission included density, product type, access, traffic, ridgelines and hillside development, school mitigation, equestrian use and trails, drainage and annexation. He detailed some of the conditions of approval adopted by the Commission including Condition No. 31, which included wording requested by the School District regarding mitigation and a school site in the project; Condition No. 47, reducing the vehicle trips which would be added to Toft Drive and Amorose by the project from 1, 500 vehicle trips down to PAGE NINE - CITY COUNCIL MINUTES - AUGUST 10, 1993 1, 300 vehicle trips with the final access to be brought back under an amendment to the Specific Plan; Condition No. 52, which requires proposed Laguna Drive South, along the back of the lots on the south side of Toft Drive coming off of Grand Avenue be graded in the initial grading phase so that could be the construction access to the site prohibiting construction traffic on Toft and Amorose. Other areas of concern were the closing of Toft and Amorose Street to the project once the project is complete, to be used only for emergency access, screening from the Brookstone Development of the Drive that leads up to the golf course and club house. City Clerk Kasad reported that there were 12 individual letters, approximately 86 form letters and approximately 250 petition signatures submitted over the last 15 months regarding this project. Mayor Washburn opened the public hearing at 7:55 p.m. and asked Mr. Kelly of Brookstone Homeowner's Association to speak. Mr. Kelly asked the Mayor if their attorney could speak on the homeowners behalf. Mayor Washburn concurred. Mary Howell, Attorney for Brookstone Homeowners Association, Woodhaven Homeowners Association and North Amorose Owners Association cited all correspondence to the Council and the School District from the various homeowner's associations addressing their concerns. She suggested that there might be a potential conflict of interest for Mayor Washburn because of a prior association with Estes Realty for which served as a broker with that firm for Mr. Chen. Mayor Washburn explained that the City Attorney has found that there was is no conflict of interest because the transaction was handled by another agent, and the transaction occurred in 1988 which would make it no longer applicable. Mary Howell expressed her concern regarding a potential conflict between the CC & R's and Condition No. 52 . H. John Kelly, 14845 Amorose, addressed items presented to the Planning Commission regarding ridgelines and skylines, and presented a photograph of the view from his area and noted that the proposed project will obstruct that view. He also pointed out the fact that the proposed area is not barren. He explained that there seems to be a problem with the language and how it is defined and stated his opposition to the project. Councilman Alongi asked Mayor Washburn why the people in favor of the project were not called upon first. Mayor Washburn explained that he had chosen to use this order due to the volume of requests to address Council. Linda Hollingsworth, 30520 Timey Street, presented photographs and explained that she was in opposition to the project because she felt that the project was not compatible with existing homes and would affect the quality of life for the existing residences. City Manager Molendyk clarified that the Woodhaven Homes are not in the City. PAGE TEN -- CITY COUNCIL MINUTES - AUGUST 10, 1993 Betty Baluski, 15750 Alvarado Street, asked that the Council be open to cooperation between the City and the County and commented that she is opposed to the project because it will change the quality of life in their area, and because she owns property zoned for horses, the project threatens the ability for the people to ride their horses. Allan Knight, 30570 Brookstone Lane, questioned the collector roads of the project and asked why Mr. Chen, the developer of the project, when requested, refused to provide financial information to the residents. Mr. Knight questioned the developer's ability to pay for this project. Mary Howell, Attorney, explained the CC & R's and the conflict which will occur regarding access and the inability for the developer to obtain this. She commented that this project is at odds with the General Plan. She cautioned the City that if they approve the project and it is not properly conditioned there is potential litigation. She suggested that the Council condition the developer to indemnify the City against any challenge by the homeowners and complete financial disclosures for complete indemnification. Ted Kramer, 15077 Patrick Court, spoke in opposition to the project as it is proposed. He stated that this project is not good for the community due to the traffic. He also noted that Patrick Court was approved as a cul-de-sac street and the plan asks that it be changed to a major thoroughfare. He stated that he purchased his home because Patrick Court was a cul-de- sac and asked that Council not allow this change. Regie Kramer, 15077 Patrick Court, stated her concerns with the traffic proposed on Patrick Court and the impact on the school system. Marie Locke, 15025 Monty Court, questioned the biologist report for the environment and stated that she questioned the ability of the biologist to make findings on the project's impact ont he wildlife after only four days of investigation. She stated that the project should be delayed until further studies are done regarding endangered species and flyways for birds. David Locke, 15025 Monte Court, stated his opposition to the project due to the conflict with the General Plan. He explained that to accommodate this project the integrity of the land and scenic skyline will be compromised. Robert Gasio, 14533 Amorose Street, stated he was in opposition to the project due to building on sensitive areas and the impact of traffic on the surrounding neighborhoods. He stressed the ingress and egress from the golf course, country club and residences, and noted the potential impact of alcohol on this traffic. He expressed concern in that the Brookstone Ranch group solely owns and maintains the flood control channel, and stressed the impact that the project will have upon this channel. He asked if Laguna Heights would be responsible for any damage to the flood control channel which might occur. William Denisi, 30669 Rockridge Road, stated that his property PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 abuts the project and he has concerns regarding public safety and the impact of the project on critical public safety service. Philip L. Irving, 14867 Amorose Street, expressed his concern and opposition to the project specifically addressing flood control and the flood control channel which Brookstone Ranch Property Owners Association owns. He stated that the project would have detrimental effects on the Brookstone residences, as the channel is not designed for any increased flow which can occur from the Laguna Heights Project. Lea Routledge, 14505 Amorose Street, explained her opposition to the project due to traffic, density, environmental concerns, commercial uses, equestrian uses, watershed, project access and tract compatibility. Lee Bulen, 14949 Toft Street, President of the Board of Directors of Brookstone Ranch Homeowners Association, stated his opposition to the project and cited the traffic circulation as one of the major problems with the Laguna Heights project. He explained that the amount of traffic from this project, as well as the existing residences of the Brookstone Ranch amounts to approximately one car per minute in a twenty-four hour period. He stressed that this would make ingress and egress from private driveways a real problem. He further explained that the Patrick Court has a steep grade and a small approach on Grand Avenue and is directly across from an elementary school which could create another safety problem. Ace Vallejos, 15231 Cobre Street, stated his opposition to the project due to drainage, potential mud slides and the inconsistent density to existing land use. Jeanie Archer, 15271 Alvarado Street, expressed her opposition to the project due to the drainage which could cause further and more severe damage to her property from water run-off caused by rain. She stated that the property currently drains through her property and with development it would increase the problem of erosion she already has. THE CITY COUNCIL MEETING WAS RECESSED AT 9: 11 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9 :30 P.M. Jim Turner, 14743 Toft Drive, stated his opposition to the project due to increased traffic and the danger it poses to children in the Brookstone Ranch Tract. Mayor Washburn then asked those in favor of the project to speak. The following persons spoke: John Mandrell, The Keith Companies, representing the applicant, gave a brief history of the project. Rick Stevens, The Keith Companies, commented on the drainage mitigation for the project and the check basins which will prevent drainage from exceeding the current flows which go through the drainage channel in Brookstone Ranch . He further PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 10, 1993 addressed density, land use types, open space, golf course, equestrian site, access and equestrian trails. Mr. Stevens explained that this project provides recreational and residential opportunities to various segments of the community both public and private. Les Card, LSA Associates, Civil and Traffic Engineer for the Laguna Heights project, explained the traffic issues and addressed the impact on Patrick Court and Amorose Street and the acceptable limits of traffic on those streets. He commented that number stated is the maximum and the real amount of traffic will be considerably less. Wendy Katagi, The Keith Companies, addressed the biological concerns and stated that the applicant addressed the sensitive areas of the project to preserve those areas. She stated that the consultant firm used to survey the area is reputable and the survey was accurate. Councilwoman Cherveny explained that she has had the opportunity to review the project within the last year and stated that The Keith Companies have done a good job with their presentation. She commended Mr. Chen for his efforts to mitigate some of the concerns of the property owners, and commended the homeowners for their professional attitude in expressing their objections to the project. Mrs. Cherveny expressed concern regarding the ridgeline development and stated that she did not want to see a Santa Ana Canyon situation. She indicated she wished to see the integrity of the ridgeline maintained and the homes dropped down to leave the ridgeline undisturbed. She further indicated that the developer should provide his own access to the project and not depend on other developments for access, and noted that she shared the homeowners concerns regarding traffic and public services in their tract. She suggested that she feels that this might place their neighborhoods at risk. Rick Stevens explained the ridgeline design and how it will work with the environment and detailed the grading which will occur. City Planner Leslie clarified that the majority of the site in the General Plan for Laguna Heights is a Specific Plan area. He further clarified that there are two areas which are not part of the Specific Plan; one is specified as open space conservation area and the other is specified as mountainous area; and the amendment is to change those to the Specific Plan designation for consistency with the rest of the project. Rick Stevens addressed the Public Services and explained the current response times to the site, the fire services, the study that was completed, as well as the improvements which will be done as part of the project. Councilman Alongi responded to concerns of the persons who spoke in opposition to the project. He addressed the equestrian trails and equestrian recreation in the County area and commented that if the area is annexed the use would be maintained and stressed that he would like to see this retained. He addressed the public safety concerns and PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 explained that the general tax rolls will not fund what will be needed for the City so the funding will have to be generated from other sources. Mr. Alongi stated that if the owners wish to protect their rural area they to become informed regarding the General Plan and what it will allow. He indicated that the developer has the right to do a project as long as it is in conformance with the General Plan. He disagreed with the concerns regarding the drainage since this issue was addressed and designed to handle the water flow. He pointed out the differences between the County and City regulations and zoning. Mayor Pro Tem Dominguez thanked the residents who addressed the project and pointed out that this project which will be addressed by the City General Plan and not County regulations and requirements. Mayor Washburn explained that he had visited the site of the development in order to better make a decision and he does concur with the concerns on the ridgeline development, but he feels it is a good project and will add to the quality of the City. He questioned the designed roadways and questioned the amount of trips that the existing roadways are anticipated to handle. MOVED BY WASHBURN, SECONDED BY CHERVENY TO CONTINUE THE PROJECT FOR 30 DAYS AND DURING THAT 30 DAYS HOLD A MEETING WITH A COMMITTEE COMPOSED OF THE HOMEOWNERS ASSOCIATIONS, STAFF, THE MAYOR AND COUNCILWOMAN CHERVENY TO REVIEW ISSUES AND SEE IF THERE IS SOME POSSIBLE SOLUTION TO THE STATED CONCERNS. Councilman Alongi stated that he had a problem with Council members sitting in the meeting which could cause conflict. CHERVENY WITHDREW HER SECOND TO THE MOTION. MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY WITHOUT PREJUDICE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 , ENVIRONMENTAL IMPACT REPORT 92- 3 , AND GENERAL PLAN AMENDMENT 93-1 FOR THE WESTERN COMPANY. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. MOVED BY DOMINGUEZ TO APPROVE STAFF RECOMMENDATION TO CERTIFY EIR AND ADOPT RESOLUTION NO. 93-52 ; APPROVE SPECIFIC PLAN, BASED ON FINDINGS AND CONDITIONS AND ADOPT ORDINANCE NO. 963; APPROVE GENERAL PLAN AMENDMENT BASED ON FINDINGS AND ADOPT RESOLUTION NO. 93-53 - LAGUNA HEIGHTS - THE WESTERN COMPANY. MOTION DIED FOR LACK OF A SECOND. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THE PUBLIC HEARING FOR 30 DAYS AND TO ALLOW THE MAYOR TO ATTEND A MEETING WITH THE APPLICANT, A REPRESENTATIVE FROM THE HOMEOWNERS ASSOCIATION AND CITY STAFF TO REVIEW THE PROJECT AND EVALUATE WHAT IS FEASIBLE IN REGARD TO THIS PROJECT AND WHAT CONSIDERATIONS CAN BE MADE. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 10,, 1993 MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE CONTINUANCE OF THE PUBLIC HEARING FOR 60 DAYS AND SET A MEETING WITH THE APPLICANT, A REPRESENTATIVE FROM THE HOMEOWNERS ASSOCIATION AND CITY STAFF TO REVIEW THE PROJECT AND ATTEMPT TO MITIGATE PROBLEMS WITHOUT COUNCIL INVOLVEMENT UNTIL SUCH TIME AS IT IS BROUGHT BACK FOR COUNCIL CONSIDERATION. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH WASHBURN AND DOMINGUEZ CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 , ENVIRONMENTAL IMPACT REPORT 92-3, AND GENERAL PLAN AMENDMENT 93-1 FOR 30 DAYS WITH THE APPLICANT AND HOMEOWNER TO MEET AND SEE IF THEY CAN RESOLVE THEIR DISPUTES. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING. Mayor Washburn stated that there should be direction from Council regarding the issues and concerns brought forward at the Public Hearing for the Applicants consideration. BUSINESS ITEMS 31. State Route 74 Improvement Program - Contract Amendment. (F: 68 . 1) City Manager Molendyk explained this project and the existing agreements to work with L.A.F.C.O. and R.T.C. on the Highway 74 corridor. He further explained that the money previously allocated for this project has been expended and this request is for authorization to proceed if additional funds are available through the impacted developments. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO AWARD AN AMENDMENT TO THE EXISTING AGREEMENT WITH PROJECT DIMENSIONS, INC. FOR $100, 000 TO BE USED ON A TIME AND MATERIALS BASIS IN VARIOUS AMOUNTS SPECIFIED BY CITY PURCHASE ORDER, BUT NOT TO EXCEED THE FUNDS AVAILABLE IN THE SR 74 BENEFIT DISTRICT FUND. 32. Second Reading - Ordinance No 961 - Parking & Lake Regulation Enforcement Procedure. (F: 112 . 1) MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 961: ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 10. 12 IN ITS ENTIRETY. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONG!, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 ABSTAIN: COUNCILMEMBERS: NONE 33 . Amendment to Section 17. 14. 130 (D) 5, Fencing Design (single- Family Detached Residential) , in Title 17 Zoning, of the Lake Elsinore Municipal Code - Ordinance No. 962. (F:80. 1) MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 962 AS PRESENTED. Councilwoman Cherveny questioned this ordinance and whether it was only removing the power from the Planning Commission to approve alternate materials. Councilman Winkler noted prior concerns with fencing and indicated that he would not have a problem with Council reviewing requests to use alternate materials. He commented that the way the ordinance is proposed it would also preclude the Council from approving variations. He suggested that the words "with no ability to waive. . . " be changed to "with only Council to waive. . . " . THE FOREGOING MOTION WAS WITHDRAWN. MOVED BY WINKLER, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 962 AS AMENDED. Councilman Alongi referred to Exhibit A and requested clarification of the motion. Acting City Attorney Burns indicated that Section 5 of Exhibit A would be changed to "The City Council may approve alternative materials or waive fencing requirements, especially in hillside areas for large lots. " He further indicated that the verbiage would be changed and prepared for second reading. ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE MUNICIPAL CODE BY DELETING SECTION 17.14. 130 (D) 5. REGARDING FENCING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Peter Dawson, 18010 Grand Avenue, representing Southshore Homeowners Association, reminded Council of the pending agreements pertaining to launch rights. He noted the revenues which are being lost because no agreement has been reached. PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 Paul Price, 24119 Crew Circle Drive, Canyon Lake, addressed recently discussed archeological sites within the City. He indicated that the site of the existing boat launch parking area has been known for 50 years, and is thought to be some 3,000 years old. He further addressed the Stadium site, which he indicated was number 4042. He expressed concern that the City does not set these sites aside and destroys their value. Councilman Alongi noted earlier comments regarding the Infotec study, and the indication that site 4042 is directly behind Vons. Mr. Price indicated that site runs from the Freeway, under Vons, out into the floodplain, around Builder's Emporium and over into the K-Mart site. He further indicated that there are actually 5 sites in the area of the ball field. MOVED BY WINKLER, SECONDED BY WASHBURN TO MOVE ON TO THE REDEVELOPMENT AGENCY MEETING AND HEAR COUNCILMEMBER COMMENTS AS PART OF THAT MEETING. Councilwoman Cherveny expressed concern that this shift was becoming a common practice. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. CITY MANAGER COMMENTS Moved to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Moved to Redevelopment Agency Meeting. CLOSED SESSION None. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10: 49 P.M. i iCIT RY WASHBURN, MAYOR A TEST: �' ) F LAKE ELSINORE yo�J" , VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA AUGUST 12, 1993 CALL TO ORDER The Joint Study Session was called to order by Mayor Washburn at 3 : 11 p.m. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, WASHBURN ABSENT: COUNCILMEMBERS/BOARDMEMBERS: CHERVENY, DOMINGUEZ, WINKLER (Mayor Pro Tem Dominguez arrived at 3 :13 p.m. ) Also present were: City Manager/Executive Director Molendyk, Administrative Services Director Boone, City Planner Leslie, Community Services Director Sapp, Engineering Manager O'Donnell, Special Projects Coordinator Wood, City Clerk/Clerk of the Board Kasad. DISCUSSION ITEM 1. Heritage Company Presentation. (F: 134. 10) City Manager/Executive Director Molendyk explained that this company is presently located in Dana Point, with a restaurant and brewery facility. He further explained that they first looked at another community in the area, but have expressed interest in the City of Lake Elsinore. He noted that assistance is being requested from the Redevelopment Agency by the applicant. He also explained that they produce special Ales for special clients which include the Claim Jumper Restaurants and the "Legends" sports bars. MAYOR PRO TEM DOMINGUEZ ARRIVED AT 3 : 13 P.M. Mr. Molendyk indicated that his understanding is that Ales are brewed more quickly than Lagers. He noted that they have expressed an interest in a future facility adjacent to the Stadium site. He advised that they will also be selling home brewing kits out of this facility retail. He also noted that a side benefit of this consideration is that each bottle brewed at this facility will carry the Lake Elsinore name. John Stoner, representing Heritage, introduced Mark Mericle and Bill Rousey. He advised that Heritage was the first micro-brewery operation in Orange County and has been in operation for four years. He further advised that they currently have distribution contracts in Orange, San Diego and Los Angeles Counties. He explained that are meeting with representatives currently to establish a distribution arrangement for Riverside and San Bernardino Counties. He also explained that they are currently a seven day a week operation and producing at maximum capacity. He noted that PAGE TWO - JOINT STUDY SESSION - AUGUST 12, 1993 their Ales are on the shelves of Albertsons, Vons, Longs Drugs, etc. in Orange County; with a total of 153 retail accounts. He further explained that they currently market ales in 22 oz. bottles and on tap, but will be expanding to include 12 oz. bottles. He also noted that the micro-brewery industry is approximately 10 years old, and this would be the first such facility in Riverside County. He advised that this facility will begin operating to serve a contract for "Wipe- out" ale which is to be distributed in England, Australia, France, New Zealand, Germany and Spain. City Manager/Executive Director Molendyk questioned the number of barrels produced. Mr. Stoner indicated that their first year production was between 4, 000 and 6, 000 barrels, and they are currently producing about 15,000 per year. He explained that they are processed 50 barrels at a time, noting that the micro-brewery industry works for small batches of high quality product. He also explained that their ales contain only four ingredients and local water, which has been highly filtered, will be used. Mr. Molendyk noted that each batch takes only 18 days to complete. Mark Mericle, representing Heritage, detailed the processing and timing. He noted that only the Beer and Wine Home Brewing Kits will carry sales tax. He also noted that in connection with those kits they will have a hotline to assist home brewers. Bill Rousey, representing Heritage, advised that these kits produce between $40, 000 and $60,000 in taxable sales per year. Mayor Pro Tem Dominguez inquired what location is being considered. Mr. Stoner indicated they are looking for approximately 6, 000 square feet to start, with later expansion to approximately 10, 000 to 15, 000 square feet. City Manager Molendyk noted that currently they are looking at the Industrial area, however, in the future they would look at the area of the Stadium. He also noted that the Heritage group had only approached the City in the last two weeks, but they will be proceeding quickly, as they need to start fulfilling recent contracts on January 1, 1994 . Mr. Stoner suggested that this would be a classic Redevelopment operation. He stressed that this is a labor intensive industry, which will generate approximately 20 full time jobs. He noted that their existing "tap room" in Dana Point employs 35 people. He also stressed that their intent is to hire from the local community. City Manager Molendyk stressed the name recognition of the City's name being included on every label. Mr. Stoner explained the impact of Beer memorabilia and the interest in product information. He noted the correspondence received by the City of Dana Point after they received a gold medal for their "blonde ale" . He stressed the effectiveness of getting a community's name out to the public. Mr. Rousey explained that all product materials are natural, the water is recycled, and their only discharge is clean steam approximately twice a week. PAGE THREE - JOINT STUDY SESSION - AUGUST 12, 1993 Mr. Stoner noted that the bulk of this process is a sealed system. Mayor Washburn inquired whether the bottling operation would be done at this site. Mr. Stoner confirmed that it would. Mr. Stoner detailed the required licenses which requires thorough background checks, by the State and Federal authorities, noting that this license would be an add-on to their current licenses. He explained that the Alcohol, Tobacco and Firearms division of the Federal government places much emphasis on giving back to the community. He further explained that they generally do two charitable events per month and detailed the types of activities and their contributions, and stressed their willingness to participate in like activities related to the City. Mayor Washburn questioned their ultimate space requirements. Mr. Stoner indicated that it would be approximately 10, 000 to 15, 000 in the area of the Stadium. He noted that this would be adequate for the next 5 to 10 years. He also noted their interest in proposals to use their product in connection with the Stadium. He also advised that the "Legends" sports bar organization also had an interest in this area. He further advised that in a facility which incorporates a brewery, no license could be received for hard liquor. City Manager Molendyk inquired why they currently only use the 22 oz. bottles rather than smaller ones. Mr. Mericle explained that bottling is labor intensive and the larger bottles make the operation more efficient. He also noted that the 22 oz. bottle is an appropriate serving for two people. Mr. Molendyk questioned the cost. Mr. Stoner indicated that it was currently being sold for about $2 . 89 per. bottle at Albertson's. He also noted that the retail home brew shop will be in the middle of the factory; with the only other shops to purchase these materials in Riverside, Orange and San Marcos. Mr. Molendyk noted the opportunity for the Stadium to serve local beer. Mr. Stoner noted that they have been approached by Anaheim Stadium, Irvine Meadows, etc. , however the volume would be to large at those facilities. He noted their interest in participating with the Stadium in this area and stressed the relationship between baseball and beer. City Manager Molendyk commented that while more point of sale taxes would be helpful, the tourism, name recognition, etc. would be worth pursuing. Special Projects Coordinator Wood indicated that the financial assistance being requested is assistance in obtaining a letter of credit for $200, 000 to serve as collateral for their Small Business Administration loan. He indicated that he has reviewed the business plan and the assets would far exceed the $200,000 after the SBA loan is paid. He stressed that the request is only in lending the City's name to the letter, as the applicant will pay all associated fees. He further stressed that this would be no out of pocket expenses for the City, and discussions have begun with First Trust Bank to provide the letter. City Manager Molendyk commented on the business plan and PAGE FOUR - JOINT STUDY SESSION - AUGUST 12, 1993 assets of Heritage noting that they show excellent potential. He further commented that the other assistance would be in assisting them to process permits and open on time. He recommended that this matter be listed on the August 24th agenda. Councilman Alongi inquired how the letter of credit would be secured. Mr. Wood explained that there would need to be filings with the Bank and Heritage would pay all of the fees. He further explained that the only risk is if they could not proceed and their assets could not handle the debt. Mr. Stoner explained that the Small Business Administration loan for $445, 000 has been secured, with a monthly debt service of $5, 600, which is only one days receivables. He stressed that the cash flow more than covers the debt. Mr. Wood commented that their business plan is excellent and the answers should be received from the bank next week. City Manager Molendyk noted that this would have gone directly to a Council meeting, however, the applicants wanted this opportunity to meet the Council and discuss their company and background. He indicated that the matter would be formulated and placed on the next agenda. Mayor Washburn questioned the number and types of employees that will be needed. Mr. Rousey noted that they have their own training program for employees. Mr. Stoner indicated that most positions will be full time; there will be a few retail jobs, office staff, bookkeeping, a sales force (which will assist with the facility set up) and manufacturing jobs. He further indicated that the packaging materials will be obtained locally as well as any other supplies they can obtain. Councilman Alongi emphasized the need to draw as many employees as possible from the community. Mr. Stoner indicated that would be their intent provided capable, qualified persons can be found. He noted that they intend to move their residences to the community as well. Councilman Alongi questioned the salary ranges for the positions needed. Mr. Stoner indicated that they would range from around $5. 50 for janitorial to the $40,000 range. Councilman Alongi inquired whether this was a union operation. Mr. Stoner indicated that it was not, however they might use up to five teamsters for deliveries. Councilman Alongi inquired how the hops and barley would be delivered. Mr. Mericle indicated that it is transported by truck and blown in to the holding silo. Councilman Alongi questioned the capacity of the silos. Mr. Mericle indicated the capacity is 20, 000 lbs. which will last for approximately two months. Councilman Alongi inquired whether there would be any problems with outside silos as discussed. Mayor Washburn indicated with screening there should not be any problems. Mr. Stoner noted existing CC & Ra s for six foot fences and noted that the PAGE FIVE - JOINT STUDY SESSION - AUGUST 12, 1993 silos would be 12 to 14 feet high. He explained that they would be stainless steel and will help dress up the area for tourism. He noted that there would only be two silos. Mr. Rousey indicated he has discussed this with Assistant City Manager Rogers and she is checking the zoning on possible sites. Mr. Stoner indicated that a variance may be necessary for retail sales. Councilman Alongi requested clarification of the retail operation. Mr. Stoner indicated that it would only include home brew supplies and beer related memorabilia, and no six packs to go will be sold. Mr. Rousey noted that the bulk of their retail operation is by mail order. City Manager Molendyk questioned the type of memorabilia. Mr. Stoner indicated that it includes pens, hats, shirts, golf tees, etc. Councilman Alongi questioned the alcohol content of ales they produce. Mr. Stoner explained the legal limitations for ales, lagers, etc. and indicated that they will produce some non- alcohol beverages, ales at approximately 5-1/2% and an occasional spiced holiday brewing up to 12%. Mayor Pro Tem Dominguez summarized that they would range from 0 to 12%. Mr. Mericle confirmed and advised that they will produce mostly in the 4 to 5% range. Mr. Stoner noted that they also do special brews for events such as Oktoberfests. Councilman Alongi questioned the production of non-alcohol beers. Mr. Stoner clarified that they will produce a non- alcohol product which would be different from beer. Mr. Stoner inquired what would be needed for the agenda consideration. Mr. Wood indicated that he would prepare an item based on the information provided. Mr. Molendyk clarified the process. MAYOR PRO TEM DOMINGUEZ LEFT THE MEETING AT 3 :55 P.M. Councilman Alongi inquired whether operation would begin on January 1st. Mr. Rousey indicated that they would be attempting to start operation in the next 90 days. Mr. Stoner explained the licensing period and other time constraints. Mr. Wood indicated that the bank was only waiting for the City's latest financial materials. T E STUDY SESSION WAS ADJOURNED AT 4: 06 P.M. 1 , ARY WASHBURN, MAYOR JIM WINKLER, CHAIRMAN CITY O, LAKE ELSINORE REDEVELOPMENT AGENCY tTTEST:--, XI KASAD, CITY CLERK/ CLERK OF THE BOARD MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 24, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONSfCEREMONIALS Lake Update. (F:92. 1) City Manager Molendyk noted that the micro-organism process had been started approximately 60 days ago on the lake. He further noted that at that time it was indicated that the process would take 60 to 90 days for resolution. He commented that the Lake again appears to be very green and suggested that the Council receive an update from the contractor on this project. Mr. Grubbs, representing the manufacturer of the micro-organisms, advised that they are very pleaEed with the progress to date. He explained that the algae now being seen is of the single cell type and much less healthy than would normally be expected. He clarified the multi-step process underway. City Manager Molendyk commented that he viewed the Lake from the Look out today and the change is much more noticeable from that vantage point. He noted the additional treatment today and inquired whether further results would be seen over the next 3 to 4 days. Mr. Grubbs confirmed. Mr. Grubbs commented that they are currently seeing a more even coverage by the algae, rather than in pockets as was originally seen. He further commented that this is addressing a century of accumulation and the unknown factors associated. City Manager Molendyk noted that there do not appear to be any fish floating to the top. Mr. Grubbs confirmed noting that fish are a good indicator of the overall health of the Lake. PAGE TWO - CITY COUNCIL MINUTES - AUGUST 24, 1993 City Manager Molendyk inquired what could be expected in the near future as the problem is resolved. Mr. Grubbs indicated that it was difficult to predict in that it depends on the climate, etc. He noted that further follow-up would continue as needed. Stadium Update. (F: 134. 10) City Manager Molendyk summarized the work completed on the Stadium to date and indicated that the concrete work would be considered tonight and proceed from there. He further noted that it will be necessary to convene a special meeting on August 31, 1993, to award additional contracts and keep the project on schedule. He advised that a team announcement could be expected very soon. Archaeology Update. Mayor Washburn noted the work which is beginning on the Outflow Channel this week, noting that the Corps of Engineers Archaeologists were investigating the site for artifacts. He further noted that they would be on site approximately 8 weeks. City Manager Molendyk advised that Ken Edwards of Riverside County Flood Control District called this date advising that the bids were opened on the Outflow Channel Project, with a bid lower that the earlier estimates. The bid was for $9, 658, 285. He further advised that the contract is to be awarded in September and work is to start in October. He noted that the groundbreaking for this project would most likely be the first week of October. THE CITY COUNCIL MEETING WAS RECESSED AT 7 : 14 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7 : 35 P.M. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 21, 33 , 34, and deferred to those considerations. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 5. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - August 10, 1993 . (F:44 .4) b. Joint City Council/Redevelopment Agency Study Session - August 12 , 1993. (F:44 . 4) The following Minutes were received and ordered filed: C. Planning Commission Meeting - August 4, 1993 . (F: 60.3) 2 . Received and ordered filed the L.E.A. F. Animal Control Activity Report for July, 1993 . (F: 18 . 2) PAGE THREE - CITY COUNCIL MINUTES - AUGUST 24, 1993 3 . Received and ordered filed the Investment Report for July 31, 1993. (F: 12 .5) 6. Approved South Coast Air Quality Management District Lease. (F: 68. 1) 7 . Accepted Dedication of Park Site from 888 Development and authorized recordation. (F;132 . 1) 8 . Approved Public Hearing Date of September 14, 1993, for the following: a. Zone Change 93-2 - Stanley N. Mullins Carlson Design and Construction. (F: 172 . 2) Request to rezone . 70 acres from R-1 (Single-Family Residential) to C-2 (General Commercial) to bring the current zoning into conformance with the General Plan. The site is located at 321 Summerhill Drive. A Negative Declaration has been prepared pursuant to the environmental quality act. ITEMS PULLED FROM THE CONSENT CALENDAR 4 . Warrant List - August 13, 1993 . (F: 12. 3) Councilwoman Cherveny detailed the revenue, expenses and current account balance for the Lake Park and Recreation Trust Fund. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 5. Master Plan of Recreation and Parks. (F: 114. 1) City Manager Molendyk requested that this item be continued. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM. PUBLIC HEARINGS 21. Specific Plan 92-2 (Lake Terrace Plaza Specific Plan)_ Tentative Tract Map 27415, -and Environmental Impact Report 91- 3 - Komerica Land Develo ment. (F: 150.2) City Manager Molendyk explained that this project consists of a specific plan which establishes design standards for a mixture of commercial, medium density residential, and public lots. He further explained that the site is broken down into 7 . 1 acres of retail commercial, 4. 3 acres of office commercial, 4 . 8 acres of residential and a 0. 78 acre pre- school/child care facility. He detailed the Planning Commission consideration on August 4, 1993 , and advised that they determined that the project as proposed, does not provide sufficient sensitivity to adjacent uses and therefore is not . consistent with the Objectives of the General Plan for the subject specific plan area. He also detailed the staff recommendations. City Planner Leslie offered to answer questions. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 24, 1993 Les Cooley, Architects Pacifica, representing the applicant, detailed the background of this project and the meetings with the residents and stated that they have changed the attached single-family residences to detached single-family residences. He further stated that his firm has done a complete review and addressed the concerns that were stated in the Planning Commission report which included land use compatibility issues, potential loss of neighborhood identity and loss of views for existing residential. Mr. Cooley stated that the planned residential will act as a buffer for the existing residents and special attention has been given to landscaping which will be used as a buffer. He cited Condition No. 15 and stated that the project has been addressed in this manner. Mr. Cooley explained that the project before Council is a mixed use development and the neighborhood center provides for various services, items and food for the public. Mayor Washburn then opened the public hearing at 7: 55 p.m. and asked if .there was any written correspondence. City Clerk Kasad reported that there were 11 pieces of correspondence in opposition to the project from the following residents: David and Linda Rogoff, 15233 Windjammer Way Fred and Dorothy Wilkes, 29220 Northpointe St. Christine and Gary Belinda, 29260 Northpointe St. Dennis and Christine Burkhart, 29252 Northpointe St. Mike and RaeLynn Alvord, 15180 Ironwood St. Glen Jordan, 29236 Northpointe St. Mr. and Mrs. Steven Silberman, 29184 Outrigger St. Andrew and Allyson Trantum, 29268 Northpointe St. James and Evelyn Meloy, 29060 Palm View Mary Kauffold, 29076 Palm View Brom and Jill Allen, 15031 Vista View Mayor Washburn asked those in opposition to the project to speak. The following people spoke: Jack McColley, 29072 Palm View, spoke in opposition to the project because of the commercial development and explained that the traffic and public safety issues have not been addressed adequately. He indicated that he felt that this project would increase crime in the area. He further explained that he felt that this project has been influenced by politics and the Recall Election has been allowed to influence this project further. He questioned the credibility of Mr. Garcia, Councilman Alongi, Chris Hyland and the developer. He asked that Council deny the project. David Long, Superintendent of Lake Elsinore Unified School District, 22409 Loch Lomond, spoke in opposition to the project and explained that the School District is not opposed to development however, they are opposed to this development. He explained that this project is incompatible due to the proximity of the school and creates problems with student safety, traffic circulation, potential crime and truancy. He stated that this site was designated agricultural at the time the school was built. He requested that Council deny the project. PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 24, 1993 Chris McColley, 29072 Palm View, spoke in opposition to the project and stated that the development is a question of land use incompatibility and creates traffic and safety hazards. She gave a history of the project and stated that there is a existing use of a farmers marke but it is not meant to be commercial. She asked that Council consider the conformity of the project with the surrounding residences and rezone it as R-1. She advised that their committee had conducted a poll which received 479 responses, with 324 residents in opposition to the project. Pam Hendrix, 29074 Palm View, commended the Council for the stadium project. She then spoke in opposition to this project due to commercial development and the safety issues related to a commercial center. Jack Hennessy, 29052 Forest View, spoke in opposition to the project and stated that he did not think this was a proper place for a commercial center. He further stated that this is a residential area with an adjacent school and the project would create a traffic burden and safety hazard to the residents and the children. Carlos Hanon, 29200 Northpointe St. , spoke in opposition to the project and explained that he has serious concerns regarding increased crime and traffic, incompatible land use and loss of community identity. He requested that the Council zone the property R-1, Single Family Residence, to keep this situation from happening again. Ronald T. Hendrix, 29074 Palm View, commended the Council for the stadium and spoke in opposition to the project. Douglas Moffett, 29080 Tangerine Way, spoke in opposition to the project stating that he would like to see single-family homes in the entire area. Ross Thomas, 16523 Mountain Ave. , spoke in opposition to the project. Lois Knight, 16504 Mango Way, spoke in opposition to the project and stated that she and her neighbors met with Mr. Les Cooley and they were assured that their concerns would be mitigated. She further stated that she felt their opinions had since been ignored and the developer has promoted misinformation. She asked that Council deny the project. Russ Burns, 15032 Vista View, stated his concerns regarding existing commercial vacancies in the Community and the misinformation in a pamphlet distributed by Komerica. He stated his opposition to the project. Linda Spencer, 15014 Navel Way, stated that she is in opposition to the project due to the impact it will have on her neighborhood and all the surrounding neighborhoods from traffic and safety concerns. She explained that the majority of the proponents do not live in adjacent neighborhoods and the impact of this project will not directly affect them. Ray Knight, 16504 Mango Way, spoke in opposition to the PAGE SIX - CITY COUNCIL MINUTES - AUGUST 24, 1993 project and stated that this area should not be zoned commercial because of the surrounding land uses and asked that Council deny the project. He stressed that commercial vacancy is a problem and in the General Plan for the City of Lake Elsinore there are zoned commercial sites better suited to the design of this project. Kathleen Foster 29256 Northpointe St. , spoke in opposition to the project and explained that she does not want her quality of life changed by a shopping center and her safety compromised by increased traffic, crime and air pollution. Donald C. Foster, 29256 Northpointe St. , spoke in opposition to the project and stated that this project should not be allowed to be zoned commercial due to the surrounding land uses. He criticized the developer for circulating a petition on the other side of the Lake and collecting signatures from citizens who will not be directly affected by the project. He expressed concerns with increased traffic, pollution and commercial vacancy. Carlos Lorenzo, 29248 Northpointe St. , spoke in opposition to the project and stated that there are plenty of vacant commercial sites more appropriate for the project and this is not appropriate for an area where there is a school because of the concerns with safety, traffic and crime. Wayne Kunze, 16519 Kiwi Way, spoke in favor of the project and stated that he felt that the center would provide services needed by the surrounding residences and stated he does not feel that it would create that much of an increase in traffic and safety hazards. Norma DeSues, 16514 Nectarine Way, spoke in opposition to the project and stated that the commercial development is inappropriate for the area and will create a safety hazard for the local residents. Jane Moffett, 29080 Tangerine Way, spoke in opposition to the project and explained that she has concerns regarding traffic, safety, the pollution from the gas station and existing vacancy of commercial sites. She stated that only input from the people directly affected by the project should be considered and asked that Council zone this area R-1. Jackie Leach, 29074 Tangerine Way, spoke in opposition to the project and explained that she does not want the entryway to their tract affected by this project and she wants it to be retained. She concurred with the other speakers in opposition to the project which had already spoken. Joseph DeSues, 16514 Nectarine Way, spoke in opposition to the project and stated that this project would require a zone change to commercial and the area is not compatible to this type of use. He cited the danger of a gas station in the proposed site and the traffic hazard it would create. He criticized the petition circulated by the developer as signatures are from citizens who are not directly affected by this project. Jeanie Corral, Lake Elsinore Unified School District PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 Boardmember, 16410 West Lakeshore Drive, stated her opposition to the project and explained that when a commercial project was proposed by Santa Rosa Development for this site, the School Board was in opposition and the Board is in opposition to this proposal as well. Mrs. Corral further explained that although she is not a resident of Lake Terrace, the down stream run-off does affect her property and she is concerned with what impact this project will have on her home. Jeannie Martineau, 29042 Mango Court, spoke in opposition to the project and explained that she is a Boardmember of the Lake Elsinore Unified School District and has major concerns regarding a commercial project next to a school. She gave a history of the building of the school and the process required to acquire the land. She stated that at the time of purchase it was zoned agricultural and she felt that a commercial site in that area would be improper land use. She asked that Council deny the project. Ray Corral, 16440 W. Lakeshore Drive, spoke in opposition to the project and explained that there are major drainage problems in his area and development upstream affects the percolation. He asked that drainage be considered and storm drains be placed before any more development occurs. He stated that this development will compromise the safety of the school children. THE CITY COUNCIL MEETING WAS RECESSED AT 9:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9 :36 P.M. Mayor Washburn then asked those in favor of the project to speak. The following people spoke: Will Buck, 29610 Hague, spoke in favor of the project and stated that when the property was in the County it was zoned agricultural and Mr. Pees put in a form of mini mart. He explained that when the new General Plan was done, because of the market in existence, it was zoned specific plan to allow discretion for the future development of this area. Mr. Buck explained that he felt that the problems that the residents have stated can be mitigated and that this is a very good commercial site which will provide necessary services. Gary T. Barker, 15014 Notnil Way, spoke in favor of the project and presented a petition with over 2 ,000 signatures of persons in favor of the project. He stated that the commercial center will enhance the neighborhood and provide necessary services to the public and he felt that the developer had done everything possible to solve the concerns of the Lake Terrace residents. Chris Hyland, 15191 Wavecrest Drive, spoke in favor of the project and stated that she has as much or more credibility as Mr. McColley. She explained that the center provides necessary services to the public and is an asset to the area. She further explained that the people circulating petitions in favor of the project were threatened by the persons in opposition and suggested that this conflict should stop. She also explained that the developer has bent over backwards to cooperate with the residents in the area and to mitigate their concerns. PAGE EIGHT - CITY COUNCIL MINUTES - AOGUST :24` 1993 Joe Garcia, 29066 Tangerine Way, spoke in favor of the project and stated that he has a right to his opinion and the ability to change his opinion because of the revisions that the developer has made. Martin Poloni, 15030 Navel Way, spoke in favor of the project and stated that he felt that the shopping center is a necessity. He stated that this center will provide services very much needed for the area. Tony Romero, 33225 Mandaville, spoke in favor of the project and stated that the west end of the Lake needs another market and all the current development is occurring at the other end of the Lake and does not answer the needs of the west end. He stated that he has seen several built schools next to small shopping centers and he felt that this project would improve the quality of life and not endanger it. Kim Boehm, 33170 Zellar St. , spoke in favor of the project and stated that she felt that the children in the surrounding tracts are safer than many other children in the community who must walk long distances on unimproved roadways. She stated that Terra Cotta Middle School was built next to existing Tee- Pee ranch market which has always sold tobacco and liquor and it has not seemed to create a problem. Mrs. Boehm suggested that this type of project must go in someone's back yard and the west end cannot wait for someone else to provide these types of stores and services. Louise Scroggins, 16496 Mountain St. , spoke in favor of the project because of the convenience it will provide. She stated that there is vandalism already and she does not feel that crime is a valid issue as it is already there. Way, John Vermillion, 15017 Notnil spoke in favor of the project and stated that the center is needed for the various services they will provide. He stated that a market and medical facility will be a welcome addition to the area. Mr. Vermillion explained that in fairness to the developer this project should be approved. Kris Baldwin, 228 S. Terra Cotta Road, spoke in favor of the project and explained that she felt that the developer did answer the questions; and stated that she voted no on the recall and is still in favor of this project and she was never under the impression that the project was at four corners. She further explained that Gangs are everywhere, but the only way that the problem can be dealt with is by joining together as a community. She stated that it is the responsibility of the parents to address the safety of the children, not the developer or the schools. She stressed that this center is needed for the projected future development in the area. Inga Hughes, 18174 Brightman Ave. , spoke in favor of the project and stated that she spends much time . in the Lake Terrace area and that she would like to see that area grow and fill the needs of the citizens. She stated that there is a necessity for the services which it will provide. She explained that the shopping center has been presented as some type of monster which will lure the children away from school and create a truancy problem, However that is not the center's PAGE NINE - CITY COUNCIL MINUTES - AUGUST 24t 1993 fault, rather parenting skills. She indicated that trucks to service the market would be in a curfew area and would not disturb the residents in the very early morning hours. Sheri Durbin, 29055 Fig Way, spoke in favor of the project and explained that she felt that the developer had done all that he could to mitigate the concerns of the residents. Barbara Romano, 15004 Vista View, spoke in favor of the project and explained that she was one of the first residents who moved into the Lake Terrace tract and she felt that the progress of a commercial center would be an asset. She stated that she had talked to the residents of 19 of the 31 homes on her street and she explained that they were all in favor of the shopping center. She stated that she would like to see the entrance to Lake Terrace remain as it is. Mayor Washburn ask for anyone who would like to speak on the matter. The following people spoke: Nancy Fusckino, 16523 Nectarine Way, spoke in favor of the project. Anita Wilhite, 29056 Palm View, spoke in opposition to the project and stated that there has been a great deal of misinformation and stated that when Mr. Buck was on Council he demanded that the words "commercial purposes" be deleted from the Specific Plan. She also noted that Mr. Buck failed is a consultant to this developer. Cathy Davis, 16960 Grand Ave. , spoke in favor of the project and explained that she is responsible for her children and she uses the Lake Terrace area because of the school and feels that the shopping center would provide needed services. Steven Hanna, 29068 Palm View, spoke in opposition to the project and stated that he felt that there was a real danger regarding public safety and traffic circulation problems. Neani Mee, 174 California St. , spoke in favor of the project and stated that the shopping center is needed and she felt that the safety of the children had been addressed. Catherine Martinez, 28857 Robb Road, spoke in favor of the project and explained that the gas station and market are very much needed in the area. A woman addressed Council spoke in opposition to the project. She explained that there has been a great deal of miscommunication and misinformation. She stressed the problems which will occur in regard to emergency services. Mike Johnson, 29050 Palm View, spoke in opposition to the project and stated that he does not want a gas station in his back yard and expressed concern regarding traffic and the center next to the school. Matthew Marquard, 16449 Mango Way, spoke in opposition to the project. George McDonough, 16514 Mountain St. , stated that the PAGE TEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 developer should get a good attorney and see if he can recover any of the investment he has made. He further explained that he was approached to sign a petition in opposition to the project and told the person that he lived in Big Bear and they told him to sign anyway. He did sign using Big Bear as his name to show that they were not concerned with the need for information for the project, but rather to have the signatures. Mayor Washburn closed the public hearing at 10: 38 p.m. and called for Council comment. MOVED BY WINKLER, SECONDED BY DOMINGUEZ, TO DENY SPECIFIC PLAN 92-2 , TENTATIVE TRACT MAP 27415 (LAKE TERRACE PLAZA) , AND ENVIRONMENTAL IMPACT REPORT 91-3 - KOMERICA LAND DEVELOPMENT WITH THE CAVEAT THAT IF THEY BEGIN ANOTHER PROJECT THE FEES BE WAIVED OR THAT THEY BE GIVEN CREDIT FROM THIS PROJECT. Councilman Winkler explained that the staff position was neutral and the Planning Commission did eventually reject this project. Mr. Winkler explained that when the General Plan was revised, Alan Manee the consultant for the General Plan, advised against the commercial strip centers in the General Plan for that area. He noted that when this area came to Council before he stated that he was opposed to the project, and he is still opposed to commercial in that area. He explained that he has always felt that this area should be single-family residential and that was a specific action of the General Plan. Mr. Winkler agreed with the concept that all commercial should be clustered in certain areas and not have pockets of commercial spread throughout the Community. He cited two possible commercial sites which are zoned commercial, one at four corners and the other on Grand Avenue and Ortega Highway. He indicated these sites would be ideal for the type of center which is being proposed. He further indicated just because there is a concept doesn't mean that there will be a market for the concept. He stated that the School District cannot be ignored and he does not feel that the center is appropriate for that area due to traffic and truancy. He cited the Rancon site and the previously proposed project and the fact that the traffic is not there and the project has not proceeded. Mr. Winkler stated that residential should be away from commercial and suggested that if there is a market for this type of project there are plenty of commercial areas that are vacant where it could locate. He questioned that the proposed buffer created by homes in this project, and the impact on the homes that act as a buffer. He stressed that this project does not fit and it is not profitable for the developer to build a center which will have a high rate of vacancy. He stated that the decision should be what is best for the community over the long run. Councilwoman Cherveny stated that the opinions on this project are evenly split and she questioned why this project got to this point, and questioned if it was so wrong for the area why was the project allowed, by staff, to progress this far. She stated that she sat on the General Plan Advisory Committee and this piece of property was discussed and because of the existing market was set as a C-1, R-1. Mrs. Cherveny stated that if the project is built then the developer is at risk and PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 not the City. She stated that the population has doubled since she has moved to Lake Elsinore and since Grand Avenue has been developed, it does make sense to have services there. She explained that she does care about the safety of the children and suggested that children are responsible for their own actions and it is the parents responsibility to teach them the proper conduct. She noted that the developer is providing a walkway to get to school without walking on the road. She pointed out other sites in the City where the children must walk past commercial developments. She stated that a commercial would not have a negative impact on the residences, since one of the selling points is that a home is close to shopping and close to schools. Mrs. Cherveny explained that since the opening of Grand Avenue there has been an increase in traffic which would aid the center. Councilman Alongi stated that during the Santa Rosa project there was a large number of people in favor of the project and he felt that this was a superior project with not as many in favor. He produced documents which showed that at the time of annexation of this area it was zoned R-1 and C-2 . Mr. Alongi stated that the City has a responsibility to the developer who has a piece of property which is zoned for the type of project and is obligated to see this type of project proceed. He stated that the Council's both the current and past have expected a high standard to building and this is not an exception. Mr. Alongi stated that he does not want to see liquor or video arcade stores in this proposed center, but it is the responsibility of the parent to teach their children where they are supposed to be. Graffiti is a problem that is not confined to one area and to deny a development because there might be graffiti, or truancy or crime when we cannot know for sure what is going to happen, then there should not be any other stores in the area either. He indicated that it is his opinion that this neighborhood development needs to be there. Mayor Pro Tem Dominguez explained that he welcomes development, but his first priority is the welfare of the City and its residents. He stated that his main concern with this project is the affect on schools and the testimony of Superintendent Long in opposition to this project and his stated concerns must be taken seriously and considered. Mr. Dominguez stated that the developer and the School District along with the residents need to work further on mitigating the major problems and concerns of each party. Mayor Washburn stated that a lot of good points were made by both sides and his concerns are based on schools, land use issues, and the decision of the Planning Commission. THE FOREGOING MOTION TO DENY THE PROJECT CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY FINDINGS - DENIAL OF SPECIFIC PLAN 92-2 1. The Lake Terrace Specific Plan is not consistent i PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST. 24# 1994 with the Goals, Policies and Objectives of the General Plan in that it does not demonstrate considerable sensitivity to the adjacent uses. 2. The proposed location of the project does not allow the development to be well-integrated with its surroundings. 3 . The overall design of the Specific Plan will not produce an attractive, efficient and stable development compatible with the surrounding uses. 4. The proposed project may be detrimental to the health, safety, comfort, or general welfare of the persons residing in the surrounding area. FINDINGS - DENIAL OF TENTATIVE TRACT MAP 27223 1. The proposed subdivision, together with the provisions for its design and improvement, is not consistent with the General Plan. The proposed subdivision is not compatible with the objectives, policies, general land uses and programs specified in the General Plan. (Government Code Section 66473.5) BUSINESS ITEMS 3r. Minutes - July 19, 1993. (F:44 .4) MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES OF JULY 19, 1993, AS REVISED. 32. Second Reading - Ordinance No. 962 - Regarding Fencinq. (F:80.1) MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 962: ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING THE MUNICIPAL CODE BY AMENDING SECTION 17. 14. 130 (d) 5, REGARDING FENCING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33 . Consolidation of Future Municipal„Elections. (F:72. 1) MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY THE RECOMMENDATION TO CONSOLIDATE. Kevin Pape, City Treasurer, indicated that the main consideration in this recommendation is that it would save PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 $13 , 000 per election. He further indicated that it would have the advantage of increased participation in voting, because of the number of matters on a June ballot. He noted that the intent is to eventually have all local agency elections at the same election, thus allowing residents to vote on all local issues at the same time. He also noted that it is the intent of the Registrar to initiate this program throughout the County. Councilwoman Cherveny clarified that the recommendation is for the April, 1994 election to be consolidated with the June, 1994 election and all future City elections to be held in November of odd years. She noted that the November odd-year election has previously seen the lowest turn-outs of all. She suggested that City issues should remain City issues; and if people care enough they will show-up and vote. She indicated that she would like to see elections remain as they are. Councilman Alongi read minutes of the prior discussion on this topic on July 28, 1992, as follows: Councilman Winkler explained although it is a good way to save $12, 000, he is concerned that when an election is combined the voters tend to loose focus. Councilman Dominguez advised that the City tried the November election time several years ago and went back to the April election to maintain voter focus. Mayor Washburn stated that consolidation is a good way to save money and that is an issue the Council needs to address and be aware of. Councilman Alongi expressed concern with Councilmembers Dominguez and Winkler changing their minds. He noted that while the terms of Dominguez and Winkler would be extended by two months, the other terms will be shortened by 6 months. He further noted the turn-out at the November, 1991, election versus the March, 1993 election; stressing that if the issue is important enough, the voters will turn-out. He indicated that he does not see the big difference and he feels the elections should stay as they are. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE CONSOLIDATION OF THE NEXT MUNICIPAL ELECTION WITH THE JUNE, 1994, PRIMARY ELECTION AND ALL FUTURE CITY ELECTIONS WITH THE NOVEMBER ODD-YEAR ELECTIONS. Councilman Winkler responded to the comments of Councilman Alongi and indicated that his prior comments were that he had weighed the issues and thought it best to retain the April election; however he had indicated that he would like to look at it again. He commented that he has had many discussions on this topic. He also commented on the increased turn-out at the June elections. He noted that the Registrar is pursuing this to reduce costs and if the system is changed and the City does not change it will require an independent local election. i PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 24, 1994 He noted that this would substantially increase the cost of this election. He suggested that if the County-wide program does not move forward, it might be appropriate to stay with the June election. Councilman Alongi indicated that he was fully aware of the cost savings issue. Councilwoman Cherveny inquired whether this could be changed back. She also inquired whether it was true that the Council could not make decisions on matters impacting their own terms in office, such as pay raises. City Attorney Harper indicated that limitation was solely on pay raises. He also indicated that consolidation of elections has been occurring since 1984 when the legislation allowed it. Councilman Alongi questioned what would happen if the Council did not agree to the November, odd-year portion of the proposal. City Attorney Harper indicated that the only way the June election would be accepted was with the November odd- year commitment as well. He noted that it would still be possible to go back to running independent elections, however most cities are not inclined to do so. THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 34. Council Policy -- Church Conditional Use Permit Fees. (F: 120. 1) City Manager Molendyk explained that there is an existing Conditional Use Fee structure which covers all Conditional Use Permits. He further explained that the reason for this item is a request from a church for which the City worked out an arrangement; however they never pursued the application. Since that time staff has received several more requests for similar consideration. Mr. Molendyk explained that the Conditional Use Permits are on the cost recovery program, and based on experience the processing is no less for a church than any other application. Mayor Washburn then called upon the persons who had requested to address Council as follows: Kevin Brown, P.O. Box 952 , New Vision Minister, a law enforcement officer and minister of the New Vision Church which is currently holding services at Lake Elsinore Elementary School, explained the financial hardship of the church and stated that his members are very low income and are not able to support a fee of $1, 000. He asked that Council give consideration to his situation. Councilwoman Cherveny indicated that the Municipal Code offers no areas in which a church could locate without a Conditional Use Permit. She stated that there is no zone for church. Neil Parker, 30690 Brookstone Lane, Assistant Pastor, Elsinore Valley Friends Church explained that he appreciated Council's review of this policy. He stated that the church had approached the City to acquire a permit to start an independent church, however the permit will cost $4,500. Mr. PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 Parker explained that they are currently meeting at Terra Cotta Junior High and the church is youth oriented and has a membership of approximately 150 people. Under the present circumstances it has been made impossible for them to pursue another place to hold services and activities. He indicated that there appears to be discrimination, but not purposely. City Manager Molendyk explained that it is not a matter of the organization being unwilling to pay; it is a matter of having all the money up front. He further explained that the intent of bringing this before Council was to obtain authorization for staff to work with the applicant. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO INVESTIGATE WHAT AVENUES ARE AVAILABLE TO ASSIST. 35. Public Safety_ -_ Private Security. (F;127. 1) MOVED BY CHERVENY, SECONDED BY ALONGI AND FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING FOR ADDITIONAL INFORMATION. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO DENY THIS RECOMMENDATION. 36 . Resolution No. 93-54 - Outflow Channel Project. (F: 92 .2) Mayor Washburn explained this item which was intended to encourage the Corps of Engineers and Riverside County Flood Control District to proceed with the project as soon as possible. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-54. RESOLUTION NO. 93-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, EMPHASIZING THE NECESSITY FOR THE LAKE ELSINORE OUTFLOW CHANNEL PROJECT TO PROCEED AS SOON AS POSSIBLE. COUNCILWOMAN CHERVENY LEFT THE MEETING AT 11:58 P.M. 37. Request from Classic Western Productions. (F: 108.17) City Manager Molendyk noted that a representative of the organization was coming in to town to discuss this matter. Councilman Alongi indicated that he would be here to consider making alternate arrangements for rodeo grounds. Mayor Pro Tem Dominguez indicated that he has a prnblem with this item being on the agenda, noting that he is not in favor of this discussion with a loan still outstanding. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 0 WITH ALONGI ABSTAINING AND CHERVENY ABSENT TO DENY THIS REQUEST FOR FINANCIAL ASSISTANCE. I PAGE SI%TEEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Don Butensohn, Director for H.O.P.E. , detailed their efforts to broaden their cause and generate more interest. He noted that the efforts are doing well. He invited the Council and staff to attend their upcoming fund-raising dinner on September 25, 1993, at the Lake Community Center. Peter Dawson, 18010 Grand Avenue, representing the Southshore Homeowners Association, noted that they are still here awaiting information on launch rights and will not be going away. He encouraged the City to continue efforts to clean-up the Lake. CITY MANAGER COMMENTS City Manager Molendyk indicated that he would need a Closed Session. CITY COUNCIL COMMENTS None. THE CITY COUNCIL MEETING WAS RECESSED AT 12 : 03 P.M. THE CITY COUNCIL MEETING RECONVENED AT 12 :04 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 12: 05 P.M. TO DISCUSS MATTERS OF REAL PROPERTY NEGOTIATIONS AND PERSONNEL MATTERS. THE CITY COUNCIL MEETING WAS RECONVENED AT 1: 00 FL.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 1: 01 R.M. . WAS BURN, MAYOR CIT� F LAKE ELSINORE A�TEST: (� �_L V CKI I1�SAD, C ::Y CLERIC CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 14, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood and City Clerk Kasad. I PRESENTATIONS/CEREMONIALS A. Presentation - Little League - Tournament of Champions. Team was not present for recognition. B. Presentation - Update on L. E.A.F. Programs. (F: 18.3) Anne Washington, Executive Director L.E.A.F. , advised that the fifth anniversary of L.E.A.F. will be October 1st. She noted the original statistics for euthanization and adoption versus the much improved recent, statistics. She also noted the impact of "satellite" adoption days at PETCO in Temecula. She also advised that she has served on a County task force which has formed a number of recommendations which will be coming to Council for consideration. She thanked the residents, volunteers, supporters and responsible pet owners for their contributions to L.E.A.F. 's efforts. C. Aggie Goodacre, representing the Temecula Town Association, noted the recent media day to promote the upcoming tractor race. She presented Mayor Washburn with a trophy indicating that he had won the race on media day. Mayor Washburn accepted the trophy and noted the tractor race to be held October 8-10, 1993 , in Temecula. D. The Lake. (F:92. 1) City Manager Molendyk noted that the lake is still progressing, the odor has been reduced and there has been no PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 fish kill. He further noted that application of micro- organisms is continuing. Manager of Special Projects Watenpaugh advised that an additional 4, 000 pounds of Aqua treat was induced into the lake this date. He noted that the green color is still present, but the filamentous algae is gone. He also noted that the p.h. of the lake has been lowered and applications will continue until October with additional recommendations to follow. He also noted the revenues for boat launching and day use. Councilwoman Cherveny inquired whether the City was now selling annual passes. Mr. Watenpaugh advised that they are available now. Mrs. Cherveny inquired whether there were resident/non-resident prices. Mr. Molendyk advised that the City is currently honoring the State park passes and rates for the balance of this year. E. The Stadium. (F: 134. 10) City Manager Molendyk indicated that the project is on schedule and noted the press conference to be held tomorrow regarding the baseball team. ]PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 22, 31, 37, and deferred to those discussions. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 8. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - August 24 , 1993 . (F:44.4) The following Minutes were received and ordered filed: - b. Planning Commission Minutes - August 18, 1993 . (F: 60.3) 2 � Received and ordered filed the Building Activity Report for August, 1993 . (F: 32 .2) 3 . Received and ordered filed the Code Enforcement Activity Report for August, 1993 . (F: 54 . 1) 4. Ratified Warrant List for August 31, 1993 . (F:12. 3) 5. Approved the "Master Plan of Recreation and Parks 1990-2010f, and directed staff to review and update the document annually. (F:114. 1) 6. Approved Change Order No. 7 for the Rice Canyon Water Reservoir Storage Tank in Community Facilities District 88-3. (F:22. 3) PAGE THREE- CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 7. Awarded Contract for 888/Whiting Ranch Trunk Sewer in Community Facilities District 88-3 to B.K. Baker Company in the amount of $120, 040. 00. (F: 22 . 3) 9. Approved Public Hearing Date of September 28, 1993, for the following: a. Annexation 65, Zone Change 92-6 & Tentative Tract Map 27317 - The Western Desert Corp. - located north/east of Grand Avenue, south of the City boundary, north of Alvarado Street, and west of the City boundary at Machado Street. (F: 20. 2) (X: 172 . 2) (X: 160. 2) ITEMS PULLED FROM CONSENT CALENDAR 8. Resolution Nos. 93-55 and 93-56 relating to Stadium„Financing. (F: 134 . 10) City Attorney Harper indicated that the Council should not act on Resolution No. 93-55 because the agreement had not yet been received and it is more appropriate for the Public Finance Authority to act on it. He further indicated that it would be appropriate to act on Resolution No. 93-56. Councilwoman Cherveny inquired whether the amount need to complete the Stadium was in fact $12 million. Special Projects Coordinator Wood concurred and explained the procedure. Mrs. Cherveny inquired whether there was an additional $5 million which needed to be refinanced. Mr. Wood indicated that it was $5.7 million. Mrs. Cherveny commented that there was a total of $24 million being proposed for bonds, with $19 million to obtain the $12 million for the Stadium. Mr. Wood clarified that the total issuance would be for $22 ,471, 000. City Attorney Harper clarified that the amount was $12 , 121,400 and 10, 300, 000. Councilwoman Cherveny inquired where the $5 million is. Mr. Harper advised that it was in the tax exempt remainder bonds for infrastructure and capital appreciation. Councilwoman Cherveny further commented that the basic scenario is that there is $19 million for the Stadium, when only $12 million will actually be used to build it. Mr. Wood further clarified the related expenses. Mr. Harper calculated that approximately $16 . 8 million related to the $!2 million for the Stadium. Councilwoman Cherveny also commented that this would encumber all three Redevelopment areas. Mr. Wood confirmed, noting that any issuance does this. Mrs. Cherveny requested confirmation that there could be no other projects for five years. Mr. Wood confirmed that there could be no more capital projects for five years. Mrs. Cherveny questioned whether this would prevent lake projects as well. Mr. Wood confirmed only in the case that no additional tax increment is generated by new growth. Mrs. Cherveny expressed her personal reservations with this issuance, based on the considerations of private citizens prior to seeking financing. She also noted that the bonds are not insured. MOVED BY WASHBURN, SECONDED BY WINKLER TO ADOPT RESOLUTION NO. 93- 56. PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Councilman Winkler commented that Councilwoman Cherveny had voted to authorize nearly $1 million toward the design of the Stadium previously. He called for the question. Councilman Alongi commented that he has been consistent in his vote on this issue. He noted that they had been informed that the ball field would cost $14 million, but noting was mentioned about $24 million in bonds. He indicated that he is not opposed to the field, only the method proposed. He stressed the inability to foresee the future. He also stressed the need for all Council to have the same information. Mayor Washburn stressed the other debt being absorbed, reserve account being allocated and collateralization for curbs, gutters, etc. He further stressed the positive impact this project will have on local growth and the ability to generate additional dollars for the Lake. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. RESOLUTION NO. 93-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE BORROWING OF FUNDS BY THE REDEVELOPMENT AGENCY FROM THE PUBLIC FINANCING AUTHORITY, MAKING CERTAIN FINDINGS OF BENEFIT WITH RESPECT TO THE USE OF SUCH FUNDS AND AUTHORIZING AND APPROVING OTHER MATTERS PROPERLY RELATING THERETO. THE CITY COUNCIL MEETING WAS RECESSED AT 7:25 P.M THE CITY COUNCIL MEETING WAS RECONVENED AT 7: 36 P.M. PUBLIC HEARINGS 21. Commercial Pro °ect No. 93-3 Zone Change No. 93-2 Kentucky Fried Chicken, located apDroximately 250 feet Northwest of the intersection of Summerhill Drive and Railroad Canyon Road. (F: 58 . 2) City Planner Leslie, explained this project and noted that it will bring the property into conformance with the General Plan. He noted design concerns discussed at the Planning Commission hearing and advised that they have since been resolved. He commented that this project also involves a variance for a freeway sign. Councilwoman Cherveny questioned which elevation the freeway sign would be on. Mr. Leslie advised that it would be a free standing sign. Mayor Washburn opened the public hearing at 7: 40 p.m. asking those persons in favor of this project to speak. The following person spoke: Robert Merriam, Carlson Design and Construction, representing the applicant, agreed to the conditions as proposed and offered to answer questions. Councilman Alongi inquired whether Mr. Merriam concurred with PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 the change recommended for the roof. Mr. Merriam advised that they were in agreement with this. Mayor Washburn asked those persons in opposition to speak. Hearing no one, the public hearing was closed at 7 : 41 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT NEGATIVE DECLARATION NO. 90-25, APPROVE COMMERCIAL PROJECT NO. 93-3 , APPROVE ZONE CHANGE 93-2 AND ADOPT ORDINANCE NO. 963 BASED ON EXHIBIT "B" AND THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. ORDINANCE NO. 963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING .57 ACRES LOCATED APPROXIMATELY 250 FEET NORTH OF THE INTERSECTION OF SUMMERHILL DRIVE AND RAILROAD CANYON DRIVE, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 93-2 - KENTUCKY FRIED CHICKEN) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Findings - Design Review 1. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2 . The project, as conditioned complies with the Goals, Objectives and Policies of the General Plan and the Zoning District in which it is located. 3 . This project complies with the design directives contained in Chapter 17.82. 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17. 82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17 . 82 and the planning district in which the site is located. Findings - Zone Change 1. The Zone Change, is consistent with the Goals, Objectives and Policies of the General Plan. 2 . This request will bring the zoning for the project PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER .t4, 1993 area into conformance with the General Plan. 3 . The proposed Zone Change is not anticipated to result in any significant adverse environmental impacts. Conditions of Approval - Planning Department 1. Design Review approval for Commercial Project No. 93-3 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. AN extension of time, up to one year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated by the recommended changes and the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and Color Board shall be revised to depict the recommended changes. Further changes shall be approved by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7 . Meet all Riverside County Health Department requirements. 8 . Meet all Riverside County Fire Department requirements 9. No outdoor storage shall be allowed. 10 . Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 11. All roof ladders and electrical panels shall be located within the interior of the building or in PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 specially designed areas concealed from public right-of-way view. 12 . Applicant shall use roofing materials with Class "A" fire rating. 13 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the 1-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 14 . All exterior down-spouts shall be constructed within the interior of the building. 15. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (24 : ) box tree for every ten (10) spaces with appropriate planter box, subject to the approval of the City's Landscape Architect and Community Development Manager or designee, along parking spaces labeled as 11 through 24. 16 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four- inch (2411) box. On areas where screening, is necessary trees shall be at least thirty-six-inch (3611) box size. C) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (6") wide concrete. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. i PAGE EIGHT - CITY COUNCIL MINUTES SEPTEMBER 14, 1993 g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 130% faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept drought tolerant grasses and plants. j ) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 17. All exposed slopes in excess of three feet (31) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 18. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 19 . The applicant shall develop a Uniform Sign Program for the restaurant which specifies harmonious and consistent colors, materials and specifications which will enhance the restaurant'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 freestanding 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. 20. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 21. Applicant shall annex into the City's Landscape and Lighting District. PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 22 . Trailers utilized during construction shall be approved by the Planning Division. 23 . On-site surface drainage shall not cross sidewalks. 24 . Parking stalls shall be double-striped with four- inch (411) lines two-feet (21) apart. 25. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 26. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 27 . Prior t City Council consideration plans addressing all recommended changes listed as Conditions of approval No. 13, 15, 27, 28, 29, 30, 31, and 32 shall be submitted. 28. The approved colors are illustrated on the re- submitted materials board. The redesign of the mansard roof or signage shall be approved by the Community Development Manager or designee. 29. DELETED. 30. The proposed Freeway Identification Sign will be restricted to eighty (80) square feet. Applicant to submit revised sign plans. 31. Parking spaces labeled as one (1) and two (2) shall be posted and reserved for employees only. 32 . Prior to City Council consideration, the applicant will be required to submit revised set of elevations reflecting the deletion of one (1) of the cupola, elimination of signage, and reduction of pitch. Conditions of Approval - Engineering Department 33 . All Public Works requirements shall be complied with as a condition of development as specified int he Lake Elsinore Municipal Code at the time a building permit is issued. 34 . Process and meet all lot line adjustment requirements prior to issuance of building permit. 35. Pay all Capital Improvement and Plan Check fees (municipal Cade, Title 16, Chapter 16.34; Resolution 85-26) . 36. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. r i I I PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 14,, 1993 37. If the existing street improvements are to be modified, existing street plans on file shall be modified accordingly ad approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 38 . Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 39. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78) . 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Provide fire protection facilities as required in writing by Riverside County Fire Department. 42 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 43 . Developer shall contribute $9, 000. 00 toward the design and construction of traffic signals at the intersections of Grape/on/off-ramps and Railroad Canyon Road. This development will increase traffic at the intersections at least 2% and should contribute 2% towards the construction. 44. Meet all the requirements of Chapter 15. 36 of the Municipal Code regarding Floodplain Management. 45. Meet all requirements of Chapter 15. 64 of the Municipal Code regarding Flood Hazard Regulations. 46 . Portion of Parcel 2 & 3 of Parcel Map No. 17616 shall be dedicated to the City prior to issuance of building permit for the restaurant. 22. Laguna Heights Specific Plan 92-3 Environmental Impact Report 92-3 and General Plan Amendment 93-1 - The Western Company - Continued from August 10 1993 . (F: 150. 2) (X: 83 .2) Councilman Winkler stated that he would be abstaining from discussion and vote on this project due to a potential conflict of interest and left the room. City Manager Molendyk explained that at the Regular City Council Meeting of August 10, 1993, this item was continued to allow additional time for the applicant and the surrounding homeowners to resolve concerns. He detailed the staff recommendations. PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Mayor Washburn reminded the Council and public that this was a continuation of the public hearing and asked that the persons who wish to address the Council present new information, as Council as already studied all the previous information and has considered all previous testimony. He then asked for those wishing to speak on the project to come forward. The following people spoke: Ed Schultz, 15003 Eureka Street, spoke in opposition to the project and stated that this project will obstruct his view because it raises the elevation of the adjoining land. He also advised there is a six foot fence proposed on top of the raised ground. He further addressed the drainage and the traffic impact on Eureka Street. Mayor Washburn indicated that this discussion related more appropriately to another project and suggested that Mr. Schultz see City Planner Leslie to help mitigate his concerns. Lea Routledge, 14505 Amorose Street, Brookstone Ranch Homeowners Association spoke in opposition to the project and stated that she felt that the developer had not properly addressed the greatest concerns. She stated that the view of the ridgeline, equestrian uses, safety and traffic concerns were not properly addressed. She stated that she felt that the Brookstone Ranch Homeowners Association and the developer were at a stalemate. She requested that Council deny this project. Philip Irving, 14867 Amorose Street, stated that he was in opposition to the project and that Mrs. Routledge has expressed his opinions. Allan Knight, 30570 Brookstone Lane, stated his opposition to this project and explained that there will be three intersections within 500 feet and this will create a safety hazard for the children going to and from school, as well as a major problem with the ingress and egress of traffic on a major thoroughfare. He further stated that he would like to have the developer explain his insurance for this project. David Locke, 15025 Monty Court, spoke in opposition to the project and stated that the public hearing in regard to this project is an "after the fact" and that the testimony is too late to address the issues which concern the surrounding residences. He explained that he feels that Councilman Alongi is biased in regard to this project and the opinion of the surrounding property owners will have no impact on his decision to approve this project and he asked that Councilman Alongi abstain from vote. Mr. Locke explained that he felt that this project would endanger the natural habitat of endangered and sensitive species in the area. Marie Locke, 15025 Monty Court, spoke in opposition to the project and addressed the Hillside Development. She explained that she had learned from City Planner Leslie that the City of Lake Elsinore does not have a Hillside Development Ordinance at this time. Mrs. Locke defined hillside development and asked that Council require the developer to conform to proper hillside development. She stated that if this project is approved that it will be setting the standard for all future hillside development and suggested that it is not in PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 conformance with the State requirements. Reggie Kramer, 15077 Patrick Court, spoke in opposition to the project and explained that she did not believe that the homes proposed are compatible to the surrounding homes. She also explained that she would like to see the City change the entrance to go through McVicker Park. Lee Bulen, 14949 Toft Street, commented that the community was encouraged by the decision made by Council at the last meeting and asked that staff respond to each point that has come to the Council this evening. Ace Vallejos, 15231 Cobre Street, spoke in opposition to the project and stated that he felt that the meeting with the residents and the developer did not accomplish a thing and he still had concerns regarding the traffic and safety and the potential for increased taxes. He asked that the Council listen to thepersons speaking in opposition to the project. Jane Damerow, 14977 Amorose Street, spoke in opposition to the project and stated that she felt that Amorose Street could not handle the traffic and the danger to the children caused by traffic. She further stated that the obstruction of the view of the ridgeline is a detriment to the residences. She also objected to the amount of dust and dirt that will impact the existing neighborhoods during construction. Nola Johnsen, 14835 Toft Drive, spoke in opposition to the project and asked how this project will be for the good of the City when there are already half built development projects that are going into bankruptcy. She stated that this project will create a burden to provide necessary public safety services to the community. Mrs. Johnsen stated that she felt that this project would increase crime and all related problems. She asked that the Council preserve the environment and privacy of the residences by denying this project. David Buchanan, 30831 Plumas Street, spoke in opposition to this project and stated that he felt that the Environmental Impact Report was seriously flawed and that it should be reviewed by a third party to correct the errors. He also presented a letter which he received which called out a hearing date of September 15, 1993, and noted that erroneous information had been provided. Patricia Nolan, 30620 Plumas Street, spoke in opposition to the project and stated that this project directly affects the residents quality of life and will affect their right to equestrian uses in the area. Rick Stephens, The Keith Companies, 565 Chaney Street, Ste. F, advised that horses have the same rights as cars and bicycles on public streets. He further addressed the issues discussed at this meeting and stated that they were covered in the staff report. Mr. Stephens explained the park and trail system which is set by the County and explained how that works with this project. Mayor Washburn asked if anyone else wished to speak. Hearing PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14t 1993 no further requests, the public hearing was closed at 8:25 p.m. Councilwoman Cherveny questioned the comments about the Hillside Development ordinance and asked if there was one in effect in the City. City Planner Leslie explained that there was research being done to prepare a hillside ordinance. Councilwoman Cherveny stated that her main concern was what standards the City will require and if this project conforms. City Planner Leslie stated that without this ordinance in place each project is taken on a case by case basis until there is a set of regulations to give staff the guidelines. Councilwoman Cherveny stated that she would like to see some type of criteria set for the staff to follow. Councilwoman Cherveny suggested that there was a conflict between Condition No. 47 and Condition No. 52 . She asked what the correct procedure would be. Mr. Stephens explained that no construction vehicles will be allowed on Toft Drive or Amorose Street. Councilwoman Cherveny then asked if Condition No. 47 should be deleted. Les Card, traffic engineer. explained that Condition No. 47 addresses routine traffic and the alternate proposed road will be for construction traffic. Councilwoman Cherveny asked whether Laguna Heights Drive South will be used for the residential traffic when the project is complete. Mr. Card stated that Toft Drive and Amorose Street will not exceed 1,300 trips a day by residential vehicles. Councilwoman Cherveny stated that once the houses are complete the Laguna Heights Drive South should be developed for vehicle use to provide for the extra residential traffic. Councilwoman Cherveny stated that this is a high risk area for fires and last year the City had 571 homes built and there were no new safety facilities built. She asked what provisions will be make to accommodate 888 more homes. Councilwoman Cherveny asked about the notices sent. City Clerk Kasad stated that this issue was continued, which requires no further mailed notices and only "courtesy" letters were sent by the Planning Department. Councilwoman Cherveny asked how many courtesy letters were sent. City Clerk Kasad stated that she believed there were three sent in regard to the continuance. Councilwoman Cherveny stated she is an advocate of controlled growth and as the services are available then the growth can occur. She stated that she would like to see the ridgeline better addressed by the developer. Mr. Stephens explained how the ridgeline was handled and that this issue had been addressed by the staff and developer to make the least impact on the ridgeline and retain the view for the residents. He also explained what the design manual as presented. Councilwoman Cherveny asked if the final of this document would be reviewed by Council. City Planner Leslie explained that this is typically heard by Planning Commission and they would hear the design criteria for the ridgeline. Councilwoman Cherveny asked if the Hillside Development ordinance could be complete by the time the design for this project is heard by Planning Commission. City Planner Leslie stated that a Hillside Development ordinance would take approximately six months to complete and he did not know when this applicant would submit the design to Planning. PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993' Councilman Alongi thanked the Amorose residents for their cooperation and responded to Mr. Locke and explained that he makes his mind up when all the information is presented to Council. He noted that in some of the letters received it was mentioned that he had done a full turn in regard to the project when low income housing was mentioned. Councilman Alongi stated that there is no low income housing in this project, so that is not a true statement. He stated that the defined ridgeline is not clear and is confused with skyline, and suggested that there should be a clearer definition. He further stated that Council turned down the Lake Terrace project and he felt that this project should have gone forward since there were 2200 signatures in favor of the project. He stated that the City has the obligation to be a good neighbor and if that means providing services, he stated that he enjoys the County's tax dollar as much as anyone else. He explained to Mr. Locke that this project has been around for about three years and the project has not been hidden. When a developer moves on his project, it is the City's responsibility to get the best project possible. Councilman Alongi explained that he feels that the entrance to the tract should be in writing to guarantee that the entrance will be separate from the Amorose Street area. He further explained the Council's obligation to the development of the City and clarified the LAFCO process. Councilman Alongi suggested that if the development was at one home per acre or 644 homes versus as planned for 888 homes, the difference would be 244 . He questioned if the difference were split and it were proposed for 764 homes in the area, if that would make a difference. He stated that he would make his decision based on all the information presented. Councilman Dominguez explained that the growth of small cities is a reality and that Lake Elsinore is no exception. He further explained that dust caused by construction is controlled by watering. Councilman Dominguez stated that the City makes a major effort to be a good neighbor, but the responsibility of the Council is to the citizens within the City of Lake Elsinore and their building rights within the City. Mayor Washburn explained commented on the information presented and material provided and stated that he felt staff overall does a good job of placing conditions which meet the circumstances whether it is State or City Laws and gave examples. Mayor Washburn asked staff if this project were to go forward to LAFCO, at what point, would LAFCO require that Brookstone is annexed. He noted the concern for horses and the interest of the residents to make sure that the zoning would change to meet their requirements. He inquired whether the City changes the code to meet their needs. City Planner Leslie explained that once the City made a decision to move ahead then there would be a prezoning for that area to meet the requirements of the residents. Mayor Washburn then asked the applicant's engineer about the three intersections which are 500 feet apart. The applicants engineer stated that this is handled through the conditions of PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 approval for turn-outs and traffic control. Mayor Washburn asked about the minor wetlands and stated that he would like to see this handled without affecting the wetlands. Mayor Washburn then addressed the fact that the residents of Brookstone knew that at some time the roadways would continue up the canyon and he stated that for the residents to say that there should be no further traffic on the roadways is not fair to any land owner next to the property. He stated that he is concerned with regard to the traffic impact on the neighborhoods. Mayor Washburn further stated that he would like to see a reduction of homes along the ridgeline, if the project goes forward, without affecting the standing oaks that are on the site. Councilwoman Cherveny again stated her concern with Condition No. 47 and asked how many trips are generated now on Amorose and Toft. The engineer for the applicant stated that there are approximately 45 homes that use Amorose, which would generate approximately 450 trips a day and there are approximately 52 homes on Toft and the surrounding areas that would generate 520 trips a day. He indicated that those numbers would be at the terminus of the proj ect and not at the terminus of Toft and Amorose; which means that the first house on Toft or the first house on Amorose is going to see 1, 300 trips plus the 450 or 500 going which means 2, 000 trips per day. Councilwoman Cherveny then asked if this 1, 300. stated in the conditions was total on the streets or additional over the trips already made. The engineer stated that they would be in addition to the existing traffic. Mr. Stephens stated that the developer is planning to develop his own access to the tract and the current utilization of public streets will cease when the other accesses are complete. There was general discussion regarding ridgelines. Councilman Alongi concurred with Mayor Washburn regarding reduction of housing on the ridgeline. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO CERTIFY ENVIRONMENTAL IMPACT REPORT 92-3 OF LAGUNA HEIGHTS BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93-52, APPROVE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL, AND ADOPT ORDINANCE NO. 964, AND APPROVE GENERAL PLAN AMENDMENT 93-1 BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93-53 . Councilwoman Cherveny asked that it be included in the motion to amend Condition No. 47 to: 800 vehicle trips per day. Mayor Washburn asked that Condition No. 53 be added as part of the motion to read as follows: 53 . The maximum number of dwelling units allowed by the Laguna Heights Specific Plan dated June 18, 1993 for the Phase III area as identified on the Phasing Plan, Figure 36, of the Specific Plan, shall be reduced by a minimum of ten percent (10%) . The area is the prominent ridgeline between Leach and McVicker Canyons and has a land use designation of SAD-2 pursuant to the Specific Plan. This density may be transferred to the Leach or PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Dickey Canyon areas of the Specific Plan subject to the review and approval of the Community Development Director or their designed. Councilman Dominguez agreed that the lowering of traffic to 800 vehicles trips per day in Condition No. 47 and the addition of Condition No. 53, be made part of the motion. THE FOREGOING MOTION CARRIED BY A 4-0 VOTE WITH WINKLER ABSTAINING TO APPROVE THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 92-3 OF LAGUNA HEIGHTS BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93- 52, LAGUNA HEIGHTS SPECIFIC PLAN 92-3 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL AS AMENDED, AND ADOPT ORDINANCE NO. 964, AND APPROVE GENERAL PLAN AMENDMENT 93-1 BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93-53 WITH THE FOLLOWING FINDINGS AND CONDITIONS. RESOLUTION NO. 93-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT 92-3 AND ADOPTING THE FACTS, FINDINGS, AND STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM REGARDING THE ENVIRONMENTAL EFFECTS OF THE LAGUNA HEIGHTS SPECIFIC PLAN. ORDINANCE NO. 964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADOPTING THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 (THE WESTERN COMPANY) . AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER RESOLUTION NO. 93-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1993 . Findings_ - Specific Plan 92-3 1. The Laguna Heights Specific Plan meets the Cityfs Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. The Laguna Heights Specific Plan is consistent with the Goals, Policies and Objectives of the General Plan and with any other applicable plans or policies adopted by the City. 3. The Development Regulations contained within the PAGE SEVENTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Specific Plan supersede otherwise applicable City ordinances and codes, unless specifically stated to the contrary in the Specific Plan. Approval of the Specific Plan shall not be interpreted as waiving compliance with other Federal or State laws or City codes. 4 . This request will result in significant environmental impacts associated with land use, air quality, biological resources, energy resources, aesthetics, agriculture, seismicity, water quality, traffic school construction, utilities and services which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable under the General Plan, specifically the provision of the quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 5 . The proposed location of the plan allows the development to be well-integrated with its surroundings. 6. All vehicular traffic generated by the development, either in phased increments or at full build-out, will be accommodated safely and without causing undue congestion upon adjoining streets. 7. Except as limited by State law, including SB 1287, the Specific Plan identifies methodologies to allow land use to be adequately serviced by existing or proposed public facilities and services. 8 . The overall design of the Specific Plan will produce an attractive, efficient and stable development. 9. The proposed project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. 10. The Laguna Heights EIR has been prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and is complete and adequate in that it addresses all environmental effects of the project and discretionary approvals. Findings - Environmental Impact Report 92-3 1. The Laguna Heights EIR and Addendum have been PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and is complete and adequate in that it addresses all environmental effects of the project and discretionary approvals. Findings - General Plan Amendment 93-1 1. The proposed General Plan Amendment would establish a land use (Specific Plan) and allow density more in keeping with the subject property's location, access and site characteristics. Conditions of- Approval - Specific Plan 92-3 1. The text of the June 18, 1993 version of the Laguna Heights Specific Plan shall be revised to incorporate any corrections and revisions and any typographical errors subsequent to their approval. A final Specific Plan shall be submitted for review and approval by the Community Development Director or his designee within 30 days of approval by the City Council. No permit shall be issued until final administrative approval of the Specific Plan by the Community Development Director or his designee. 2. Prior to the issuance of any grading permits, the Applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance, and a geo-technical report to the Public Services Director for approval. The geo-technical report will primarily involve assessment of potential soil-related constraints and hazards such as slope stability, settlement, liquefaction, or related seismic impacts where determined to be appropriate by the Public Services Director. The report shall also include evaluation of potentially expansive soils and recommended construction procedures and/or design criteria to minimize the affects of these soils on the proposed development. 3 . The grade for local streets shall generally not exceed nine percent (9%) with the exception that grades up to a maximum of fifteen percent (15%) will be considered because of design constraints with the approval of the City Engineer. 4. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 5. Prior to the recordation of a final tract/parcel map or prior to the issuance of any grading permits, whichever comes first, the Applicant shall design the following improvements and provide necessary dedication in a manner meeting the approval of the Public Services Director: * All provisions for surface drainage; and • All necessary storm drain facilities to a PAGE NINETEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 satisfactory point of disposal for the proper control and disposal of storm runoff. 6. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 7. All open space and slopes outside the public right- of-way shall be owned and maintained by either the master homeowner's association or private owners. All open space areas owned by the homeowners association shall be offered for irrevocable dedication to the City. 8. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Community Development Director. 9. Applicants shall incorporate energy-efficient features and passive design concepts, whenever feasible, in the design and construction of the project. 10. Applicants shall incorporate the use of solar energy and waste heat recovery systems to reduce energy consumption into the project design. 11. Applicants shall consult with SCE and SCG in the selection of effective energy conservation techniques and the installation of additional, project-related infrastructure. 12 . Applicants shall install building and energy conservation measures in compliance with Title 24, CRC Sections 2-5307 (b) and 2 .5452 (i) and (j) , and Title 20, CRC Sections 1604 (f) and 1601 (b) . 13 . The development shall include facilities to promote circulation efficiencies, such as bus stops and turnouts. Plans for these facilities shall be incorporated into the street improvement plans for each development phase. 14 . All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the Project so as not to exceed an exterior standard of 60 Ldn in outdoor living areas, and an interior standard of 45 Db CNEL in all habitable rooms. 15. The design of the Laguna Heights project shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Marshall. 16. All development proposals shall be reviewed by the City of Lake Elsinore and Riverside County Fire Department to ensure that adequate fire services are available to serve the development. PAGE TWENTY - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 17 . Applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 18 . The City's Noise Ordinance must be met during all site preparation activity. 19 . Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street Lighting District pursuant to Resolution 88-27 . 20. Applicants of future projects within the Laguna Heights Specific Plan area shall acquire the necessary permits for development, including grading and building permits. 21. Prior to approval of each tentative map, a fault hazards investigation shall be conducted which will include fault trenching and utilize precursory geophysical methods within areas enclosed by the State of California Special Studies maps, if any structures are proposed in or near these areas. This study shall be provided by the Applicant. 22 . Documentation of slope stability shall be required when the type of fill material has been determined to issuance of a grading permit. All cut and fill grading shall be done under the supervision of a geo-technical engineer. 23 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 24 . Prior to tentative map approval, the project geotechnical, civil, and structural engineers shall review seismic design parameters and incorporate appropriate design standards into the site plan. 25. Prior to issuance of grading permits, the applicant shall develop a Spill Prevention, Containment and Cleanup Plan for potential accidental spills of petroleum prevention products from machinery or above ground storage tanks during construction. 26. Applicants for individual projects requiring 401 Water Quality Certification an NPDES construction and storm water permits shall obtain such permits prior to issuance of City grading permits. 27. All construction equipment shall utilize properly working mufflers and be kept in a proper state of tune to alleviate backfires. Stationary equipment such as generators, shall be equipped with noise shrouds and shall be placed as far as possible from sensitive receptor locations. Finally, when working within sensitive areas, portable noise barriers shall be utilized to reduce produced noise PAGE TWENTY-ONE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 to the extent feasible. construction activity shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Saturday to protect adjacent occupants from unreasonable noise and glare associated with construction. 28. Contractors shall implement the measures to reduce the impacts of exhaust and dust emissions during construction. 29 . Diversion, obstruction of the natural flow, or changes in the bed, channel, or bank of any river, stream, or lake shall require notification to the CDF as called for in the Fish and Game Code. Notification shall be made after the project is approved by the lead agency. 30. Recycled water shall be utilized where feasible. Where implemented, recycled water shall be sued in accordance with Title 22, California Administrative Code and is also subject to the requirements and specifications of the Riverside County Health Department, EVMWD and the RWQCB through issuance of an NPDES waste discharge permit. 31. Prior to approval of the first tentative tract map filed for property within the Specific Plan, applicant shall have entered into a school impact mitigation agreement with the school district. City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demands of new development proposed in such tentative map to be approved by the City. For purpose of this condition, acceptable mitigation provided for in the School Impact Mitigation Agreement may include, but is not limited to the following: (a) Utilization of developer fees, Mello-Roos Community Facilities District financing or other special district financing, singly or in combination, to fully fund the construction cost of school facilities necessitated by the proposed development. (b) Payment or credit toward school fee mitigation to be provided to the landowner for the acquisition of a school site located on such landowner's property. 32 . Applicant shall ensure adequate utility service prior to occupancy. 33 . The Applicant shall comply with all applicable measures as specified by the City including those found in the City programs including the City Source Reduction and Recycling Element and Household Hazardous Waster Element, the County Solid Waste Management Plan and new County Integrated Waste Management Plan. 34. Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating water and sewer PAGE TWENTY-TWO - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 35. Applicant shall provide all project-related on-site improvements as specified in the Specific Plan. 36. The use of some native vegetation shall be incorporated into landscaping. Native Bunchgrasses, wild buckwheat, and coastal sagebrush are examples of native grassland and coastal safe scrub species that shall be utilized so as to create as diverse a plan palette as feasible. Implementation of this measure would partially mitigate for unavoidable impacts of the project on natural vegetation in the area. 37 . All future development including tentative subdivision maps shall be consistent with the design standards and guidelines proposed in the Specific Plan. 38 . All future development is subject to the City of Lake Elsinore Design Review process. 39 . The Applicant will work with EVMWD to ensure that there is an adequate supply of water and pressure to meet fire flow requirements. All water mains and hydrants shall be provided in accordance with City of Lake Elsinore Municipal Code, subject to the approval of the Riverside county Fire Department. 40. The approved Final Specific Plan shall be filed in the office of the City Clerk and in the City Planning Division. 41. No building shall be constructed, maintained or used other than for the purpose specified in the approved Final Specific Plan as required hereinafter. 42 . All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 43 . All habitat resources planned for removal, preservation, creation, or enhancement are subject to the review and permit issuance of the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, U.S. Fish and Wildlife Service and Sections 1601-1603 of the State Department of Fish and Game, where these Agencies have jurisdiction. Copies of all permits (404 and 1603) and conditions attached to the permits shall be submitted to the Community Development Director or designee for review prior to the removal of any habitat. 44 . Applicant shall comply with the City's approved PAGE TWENTY-THREE —CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 landscaping standards in effect at the time of approval of this Specific Plan with respect to the landscaping in medians, parkways, expanded parkways and adjacent slopes to be maintained by the City of Landscaping Maintenance District. Landscaping and irrigation plans shall be approved by he Engineering Department and City's Landscape Architect. 45. Except as otherwise provided in the Specific Plan or as otherwise approved by the City Engineer, roadway standards for Lake Elsinore relating to the minimum local street radii, maximum cul-de-sac length, maximum grade and minimum sidewalk width must be followed. 46. Developer shall comply with all mitigation measures identified in the Mitigation Monitoring Program adopted with the Laguna Heights Country Club Final Environmental Impact Report 92-3 . 47 . Prior to building permit issuance, the applicant shall conduct traffic evaluation/traffic counts to the satisfaction of the City Engineer. Prior to building permits being issued which would generate more that 800 vehicle trips per day from the Laguna Heights project on either Toft Drive or Amorose Street, the applicant shall develop and improve and alternative access to the site acceptable to the City. Once an acceptable alternative access is determined an Amendment to the Laguna Heights Specific Plan shall be submitted to the City for review and approval that integrates the alternative access in with the Specific Plan. 48 . The minimum lot size for the SFD-3 (Canyon Lots) , residential land use designation within the Laguna Heights Specific Plan shall be one half (1/2) acre (21, 780 square feet) , and the final Specific Plan document shall be revised to reflect this. 49 . The keeping of horses as an accessory use in the SFD-3 land use designation of the Laguna Heights Specific Plan shall be subject to all of the regulation as set forth in Section 17.20. 120 of the City of Lake Elsinore's Zoning Code. The final Specific Plan shall be revised to reflect these regulations. Tentative tract maps for the SFD-3 areas shall provide for equestrian trails for access to the equestrian properties and regional trails. 50. The proposed equestrian center as referenced in the Laguna Heights Specific Plan is outside the boundaries of the Specific Plan and therefore subject to separate review and approval. 51. The project drainage plans shall include a system of retention basins within the project site that will control the amount of storm water released from the site so that the maximum flow never exceeds the flows form the natural conditions. i PAGE TWENTY-FOUR CITY COUNCIL MINUTES -, SEPTEMBER 14, 1993 52 . Construction vehicles shall be prohibited from using Toft Drive or Amorose Street at any time. Proposed Laguna Heights Drive South shall be rough graded in the initial grading phase to provide construction access to the project site. Once plans are developed for this alternative access they will have to be reviewed and approved by the City pursuant to Condition No. 47 . 53 . The maximum number of dwelling units allowed by the Laguna Heights Specific Plan dated June 18, 1993, for the Phase III area as identified on the phasing plan, Figure 36, of the Specific Plan shall be reduced by a minimum of ten percent (10%) . the area is the prominent ridgeline between Leach and McVicker Canyons and has a land use designation of RFD-2 pursuant to the Specific Plan. This density may be transferred to the Leach or Dickey Canyon areas of the Specific Plan subject to the review and approval of the Community Development Director or their designee. BUSINESS ITEMS 31. Extension of Time Requests for North Tuscany Tentative Tract Maps: 25074 25075 25076 25077 25078 25079 25080 (Homestead Land Development Company) . (F: 160. 2) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE THE EXTENSION OF TIME FOR TENTATIVE TRACT MAPS 25074, 25075, 25076, 25077, 25078, 25079, 25080 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE PREVIOUSLY APPROVED CONDITIONS OF APPROVAL AS AMENDED. Councilwoman Cherveny noted that the developer has not complied with the conditions to date and indicated that she would not be in support of an extension without more compliance. She expressed particular concern with paving of walkways to the school on Summerhill. City Attorney Harper clarified that the applicant currently has no economic ability to perform the conditions. He explained that the question is really whether to extend the map and keep it a saleable item or not extend the map and have is raw land which would most likely limit the market for the property. He indicated that there was not really a downside to the extension, as the project might proceed. Councilwoman Cherveny questioned the potential of someone acquiring the property and proceeding with the project. Mr. Harper indicated that the chance is very good, as there are interested buyers. Councilman Alongi requested confirmation that the conditions will stand with the extension of time. Councilwoman Cherveny questioned the ability to add a condition, because she would like to see paving on Summerhill out to the School. Mayor Washburn clarified that there is already a condition for paving this area. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 John Mullick, representing Homestead, noted that the area under discussion has been bladed off to allow a walkway to school. He explained that the property is under the control of the R.T.C. and no expenditures can currently be made for improvement, only maintenance. Councilwoman Cherveny inquired whether the applicant could pave the area. Mr. Mullick indicated that he was not certain this would be possible. Councilwoman Cherveny inquired whether the applicant would agree to adding a condition regarding this. Mr. Mullick indicated that the sidewalk is already conditioned and will eventually go in. City Attorney Harper clarified that the project can only be finaled when all conditions are complete. Councilman Alongi questioned the City's ability to put down an inch of asphalt temporarily to prevent problems during the rainy season. He then indicated that he would like the City to lay 1-1/2" asphalt. Mayor Pro Tem Dominguez inquired whether this would be acceptable to the applicant. Mr. Mullick indicated it would be acceptable. City Attorney Harper clarified that the City does not own the property, but could incur liability from this action. Councilman Alongi stressed the safety concerns for children in the area. He questioned the ability of the City to loan funds or supplies to the developer. City Attorney Harper indicated that he was not certain what would be allowed by the R.T.C. , but it could be investigated. THE FOREGOING MOTION TO APPROVE A 24 MONTH EXTENSION OF TIME CARRIED BY UNANIMOUS VOTE. Findings 1. Satisfactory progress toward the development of these Tract Maps has taken place. 2 . Conditions have been added by the Engineering and __Planning Departments to insure the development will not impact the public health, safety and welfare. 3 . The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan and the Tuscany Hills Specific Plan. Conditions NOTE: The following conditions apply to all eight Tentative Tract Maps except as otherwise annotated before each applicable condition as follows: (74) applicable only to TT 25074 (75) applicable only to TT 25075 (76) applicable only to TT 25076 (77) applicable only to TT 25077 (78) applicable only to TT 25078 PAGE TWENTY-SIX - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 (79) applicable only to TT 25079 (80) applicable only to TT 25080 (83) applicable only to TT 24383 Planning Department Conditions 1. Tentative Tract Maps 25074, 25075, 25076, 25077, 25080 and 24383 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 2 . Applicant shall comply with development standards as outlined in the approved Specific Plan. 3. Final plotting and architectural drawings shall require minor design review as required by he Tuscany Hills Specific 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, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 5. All signage shall be consistent with the Sign Program contained in the Specific Plane 6. The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Specific Plan. 7 . Street names for all streets within the Tentative Map shall be approved by the Community Development Director. Engineering Department Conditions (75) 8 . "H" Street shall be re-evaluated along with "A" Street in TT 25077 in order to improve access off Summerhill Drive. Redesign shall be approved by Engineering Department if design proves to be more feasible. (77) 9. 91A'a Street shall be re-evaluated to provide possible access somewhere between Lots 164 and 167. Redesign shall be approved by City Engineering Department. 10. Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 11. Fence locations and walls indicated on a grading plan and consistent with the Specific Plan shall be approved by he Community Development Director PAGE TWENTY-SEVEN —CITY COUNCIL MINUTES - SEPTEMBER 14s 1993 prior to the release of the first Certificate of Occupancy. 12 . Grading and construction plans shall incorporate erosion control measures as required by he Chief Building Official. 13 . Improvement Plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 14 . Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Specific Plan. 15. All Public Works required shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 16. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 15, Chapter 16. 34; Resolution 85-26) . 17. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to final map approval. 18. Construct all required off-site public works improvements per approved plans (Municipal Code, Title 12) ; plans must be approved and signed by the City Engineer prior to final map approval. 19 . Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered engineer. 20. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12. 08 and Resolution No. 83-78) . 21. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 22 . Annex to the City Landscaping and Street Lighting District. 23 . Prior to the recordation of the final tract map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Engineer and the Chief Building Official as amended by he Specific Plan. 24. All local interior double loaded streets shall be fifty foot (501 ) right-of-way with thirty-six foot (361) curb-to-curb. Restricted single-loaded local PAGE TWENTY-EIGHT - CITY COIINCIL MINIITES SEP TEMBER 34, 3993 streets shall not be less than forty foot (40') right-of--way with twenty-eight foot (281) curb-to- curb. 25 . A complete hydrology and hydraulic report shall be submitted and approved by he City Engineer prior to Final Map approval. 26. The storm drain system shall be designed to mitigate urban pollutants from discharge into Canyon Lake and San Jacinto River as amended by the Specific Plan. 27 . Any natural drainage diverted or concentrated onto adjacent property will require a letter of drainage acceptance from the affected property owner. 28. No single-family lots shall front or access to collector streets or higher volume streets. 29. Designated natural open space lots shall be offered for dedication to the City and maintained to prevent any public hazard until such offer is accepted. Operation and maintenance of open space shall be provided through the City of Lake Elsinore Landscape and Lighting Maintenance District or a similar entity. The City may require that an appropriate strip of land along the boundary of residential lots (consistent with the Fire Management Program set forth in the Specific Plan) be maintained by a homeowner's association. Access for maintenance to be approved by the City Engineer prior to recordation. 30. All compaction reports, grade certifications, monument certifications (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. (78) 31. "All Street from "B" to "C" Street shall be increased to fifty feet (501) . Building/Safety De artment (75) 32 . Construction Phasing Plan will be submitted to (77) Chief Building Official and approved prior to the (79) issuance of building permits within references tentative tract maps. 33. Applicant shall meet all Conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 34. Prior to the issuance of building permits as landscape and irrigation plan shall be submitted and approved by the City. The plans shall be subject to the guidelines identified in the Specific Plan and Design Guidelines for Tuscany Hills. PAGE TWENTY-NINE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 35. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection as determined by the community Development Director 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. 38. All buildings shall be constructed with fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "A" rating and shall be approved by the Chief Building Official prior to installation. 39. Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval. (74) 40. Residential lots of less than 5, 000 square feet shall be subject tot he approval of the Planning Commission. (79) 41. The "C" Street intersection with Greenwald Avenue should be re-evaluated and submitted for approval by the Community Development Director prior to the recordation of Tract 25079 . 42 . All improvement plans shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC/INFO GIS system or the developer all pay $1, 000. 00 per sheet for City digitizing. 43 . If grading exceeds 50 cubic years, grading plans .. shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 44. Prior to issuance of grading or building permits, the owner shall provide the City with proof of filing a Notice of Intent with the Regional Water Quality Control Board for a National Pollutant Discharge System Permit. 45. Developer shall provide the City with proof that it will provide No Parking and Street Sweeping Signs for streets within the tracts or pay a fee for installation by the City. 46. Developer shall install blue reflective pavement markers int he street at all fire hydrant locations. PAGE'THIRTY - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 47. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 48. The Developer shall establish a Storm Water Pollution Prevention Program prior to f ifty percent (50%) occupancy. The program shall include, but not be limited to, stenciling catch basins, pamphlets for irrigation and fertilizing lawns and disposal of auto oil and anti-freeze. 32 . Evaluation of Refuse Collection and Street Sweeping Operations) CR&R. Inc. (F:163 . 1) (X: 68 . 1) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO REVOKE THE NOTICE OF DEFAULT FOR CR & R, INC. City Manager Molendyk indicated that Mr. Fahrion of CR & R, and City staff have worked to alleviate the prior concerns and there is a noticeable improvement. Councilman Alongi indicated that he hoped this improved level of service would continue. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33 . Cooperative Agreement Amendment for Street and Traffic signal Improvements at the Intersection of Mission Trail and Corydon Street. (F:68. 1) City Manager Molendyk noted the location and reminded Council that this intersection has been under discussion for quite some time. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT AS PRESENTED. 34 . Street Name Change - Railroad Canyon Road to Diamond Drive. (F: 158 . 1) City Manager Molendyk explained this item and advised that it would be approximately a one year process to gain a Caltrans permit and allow for the freeway signs to be changed. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO DIRECT STAFF TO PROCEED WITH THE NAME CHANGE BY REQUESTING COMMENTS FROM ALL PROPERTY OWNERS ALONG RAILROAD CANYON ROAD; NOTIFY CALTRANS AND BEGIN COLLECTING COSTS OF SIGNING CHANGES; SET A PUBLIC HEARING DATE; AND BRING BACK A RESOLUTION TO COUNCIL EFFECTING THE CHANGE AND SETTING A DATE FOR THE ACTUAL IMPLEMENTATION. Councilwoman Cherveny inquired whether this change would be both North and South of the freeway. Mr. Molendyk indicated that it would run from City limits to the Stadium. Councilwoman Cherveny expressed concern with the cost to the businesses on the North side of the freeway and noted that only one would be impacted South of the freeway. Mayor Washburn noted the necessary public hearing process. City Manager Molendyk indicated that staff could find out how PAGE THIRTY-ONE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 many businesses are affected. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Requests from Non-Profit Organizations. (F:108 . 1) MOVED BY CHERVENY, SECONDED BY WASHBURN TO APPROVE ASSISTANCE TO THE FOLLOWING ORGANIZATIONS IN THE FOLLOWING AMOUNTS: H.O.P.E. $5, 000 Operation School Bell $5, 000 Friends of the Library $1, 000 Councilman Alongi indicated that he would like to see more funds for the Friends of the Library if possible, and suggested an increase of $1, 000, possibly by transferring $1, 000 from Operation School Bell. Mayor Pro Tem. Dominguez suggested $500 be shifted from H.O.P.E. and $500 from Operation School Bell. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE, A SUBSEQUENT MOTION TO APPROVE ASSISTANCE IN THE AMOUNT OF $4,500 TO H.O.P.E. , $4,500 TO OPERATION SCHOOL BELL AND $2,000 TO FRIENDS OF THE LIBRRY. 36. Interstate 15 Access Study. (F:82.2) City Manager Molendyk suggested that this item be referred to a workshop for discussion. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS ITEM TO A CITY COUNCIL WORKSHOP FOR DISCUSSION. 37. Council Policy - Church Conditional Use Permit Fees. (F: 120. 1) City Manager Molendyk suggested that this item be referred to a workshop for discussion. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS ITEM TO A CITY COUNCIL WORKSHOP FOR DISCUSSION. PUBLIC COMMENTS - NON-AGENDIZED ITEMS John Johnson, Lake Elsinore Valley Soccer Club, 31946 St. Pierre Ln. , thanked Council for the use of Summer Lake Park and presented Council with T-shirts, hats and patches of their first annual Friendship Tournament which was held on Labor Day weekend. He requested a variance for parking on Grand Avenue for Saturdays only, to allow for games held at that site. Councilman Winkler commented that there is no parking on Grand Avenue due to bicycle lanes; and he stated that he felt that because of traffic and visibility in that area, it is not safe to park on Grand Avenue. He stated that it endangers the children if they try and cross, and further it blocks vision for the cars trying to turn left from Broadway Street. Mr. Winkler explained that the park was designed with extra parking in the area of the portable classrooms and eventually it will be used for parking. He suggested areas for alternate parking and encouraged Mr. Johnson to have the parents park in other areas which are safer for the PAGE THIRTY-TWO - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 children. He asked that staff work with the Soccer Club and with Captain Daniel to address this problem. Kelly Butler, Elsinore Valley Friends Church, 22971 Fawn Lake, Canyon Lake, requested that when the Conditional Use Permits for churches are considered, that the Council consider small churches that do not have a great deal of funds to work with. He further requested that Council allow them to practice their religion and stressed their need for a permanent facility. Mayor Washburn asked how many are in the congregation. Mr. Butler stated that they have approximately 150 members and are currently meeting at Terra Cotta Junior High. Peter Dawson, Southshore Homeowners Association, 18010 Grand Avenue, expressed his concerns regarding the lake and presented pictures detailing the continuing problem of algae in the lake. He stated that he saw evidence of copper sulfate being used in the inlet channel and flood plain next to the levee. He asked why copper sulfite is still being used, since it is counter-productive to the health of the lake and destructive to the micro-organisms. City Manager Molendyk explained that Council authorized staff to use copper sulfite along the shorelines to kill algae initially. He further explained that other than the two applications used in the beginning of the micro-treatment, the City has not continued that treatment. Mr. Molendyk expressed concern and indicated that the City would like to know who is using this treatment since the City is using Micro-organisms only. Mayor Washburn asked if staff could investigate to see where this problem is being created. Thelma Ball, 15682 Grand Avenue, Sp. 22 , expressed her concerns regarding the Senior Center and the need for table and chairs and a horse-shoe pit. She commented that there are two air conditioners in the Center that have not worked right for some time and asked Council to direct staff to have them repaired. Mrs. Ball stated that the Seniors do get bottled water, but the City does not provide drinking cups and they were promised a drinking fountain which has not been provided. She asked for an accounting of the funds which were appropriated for the Center and asked that the City relocate the pool table to a safer location. CITY MANAGER COMMENTS City Manager Molendyk reminded the Council/RDA Board of the Press Conference scheduled for tomorrow. He announced to the public that season ticket information is now available at (909) 245-HITS. CITY COUNCIL COMMENTS Mayor Pro Tem Dominguez commented on the following: 1) Crime problems downtown; inquired whether the target team or bicycle patrols are being used. He noted that panhandling problems are increasing, groups are congregating at Peck Street, and trucks are using Main Street. He requested that Captain Daniel address these concerns. Councilman Winkler commented on the following: 1) Soccer Club concerns, requested that staff work with the organization for solutions to parking. PAGE THIRTY-THREE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 2) Amber Ridge, met with Water District members. Documentation was to be issued on September 23rd, however paperwork was delayed. Requested that staff contact Mr. Hoagland and determine the problem and have the City's lobbyist assist in Sacramento where possible. 3) McVicker Park, recommended that staff contact the Flood Control District to expedite the plan check. Councilman Alongi commented on the following: 1) Congratulated L.E.A.F. for its work and accomplishments. 2) Sun Tribune Editor Hand, noted that he has spoken with his supervisor. He stressed the need for opinions to include factual information, as he has no right to mislead the readers. 3) H.O.P. E. Dinner, reminded the Community that it will be held on September 25th at the Community Center. Interested parties can contact H.O.P.E. for tickets. 4) Ordinance regarding Drug Houses, happy it is in place and being used. 5) Concerns about Horseshoe Pit at Senior Center. He questioned the cost and timing for completion. 6) Made a personal request for the Chamber of Commerce to consider allowing the use of the Rodeo grounds for the Sierra Circuit Rodeo. He noted his understanding of the conflict and stressed the need to do what is good for the Community. Councilwoman Cherveny commented on the following: 1) L.E.A.F. , commended the reduction in euthanization statistics and the increase in adoptions. 2) Inquired when the July 4th banners would come down and the Autumnfest banners would go up. 3) Questioned the Horseshoe Pits and the target date for completion. Community Services Director Sapp explained the difficulties in the approval process and indicated that the final bid documents should be ready this week. Mrs. Cherveny suggested that groundbreaking ceremonies be held for this project. 4) Noted copy of book received from Marge Rieder, and advised that Ms. Rieder will be on the Larry King Show on September 29th and the Joan Rivers Show in October. She thanked Ms. Rieder for the book. 5) Announced the 3rd Annual Juried Art Show on September 18th and 19th, co-sponsored by the City and the Elsinore Valley Artists Society. She encouraged the Community to attend. Mayor Washburn commented on the following: 1) Thanked Marge Rieder for the copy of her book. PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 2) Concurred that Western Classic Productions and the Chamber of Commerce have come a long way and stressed the potential for cooperation. He expressed his hope that a joint use of the rodeo grounds can be negotiated. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10: 05 P.M. TO DISCUSS PENDING LITIGATION WITH TAYLOR-SHAFER, POTENTIAL LITIGATION AND PERSONNEL MATTERS. THE CITY COUNCIL MEETING RECONVENED AT 10: 40 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CI COUNCIL MEETING AT 10:41 P.M. )� � GAR Y WA HBURN, MAYOR CIT F LAKE ELSINORE 4 TEST: f VICKI KASAD, CITY CLERK CITY OF LAVE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 28, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS : CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONSICEREMONIALS A. Presentation - International Downtown Association - Special Merit Award. (F: 56. 1) City Manager Molendyk announced the receipt of this award by the City of Lake Elsinore and noted the recent major efforts to improve the downtown area. He further noted that the marketing video for the downtown area was to the best of his knowledge the first of its kind. A video detailing the program which achieved the award for the City of Lake Elsinore' s and those of other winners was shown. Mr. Molendyk noted that the City of Lake Elsinore was the smallest city qualifying for this competition. He showed the plaque received and thanked King Videocable, Ballew & Associates and Assistant City Manager Rogers for their efforts on this video. B. Lake Update. (F: 92 . 1) City Manager Molendyk noted that progress in clearing the algae had been seen for a while, however the Lake was now green again. He requested an update from the contractor treating the Lake. Bob Allard, representing Brach & Allard, advised that they have seen a complete lake turnover with the bottom rising to the top. He explained the impact of temperatures and accumulated materials on the bottom of the Lake on the algae being seen. He further explained that although the color of the Lake is unpleasant, progress is being seen. He detailed the treatment done with approximately 75, 000 pounds of micro- PAGE TWO -- CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 organisms to date. He noted the remaining problem areas and the further treatment which will occur. City Manager Molendyk noted previous comments that the Lake should be cleared up in 90 days and questioned the reason for the remaining problems. Mr. Allard explained that the trees which are under water at the west and of the lake have some j impact on the problem. He further explained that the product j has been altered since the process began and appears to be clearing the problem. Mayor Washburn questioned the "shiny" layer along the shoreline. Mr. Allard indicated that layer was planktonic algae and filamentous algae which becomes shiny as it dies out. Mayor Washburn inquired how long this would last and the impact on the color of the water. Mr. Allard indicated that the coloring of the lake will continue for a while, and the shiny layer will dissipate in a week to a week and a half. He advised that a planktonic bloom will be seen as each major layer in the Lake bottom soil is attacked. Councilwoman Cherveny inquired what the difference between the natural pattern and the use of the product is, in that similar clearing of the Lake is seen annually without the product. Mr. Allard indicated that under normal circumstances this problem would have included a major fish kill, which has not been the case this year. He explained that this change was due to the increased levels of dissolved oxygen, up to a rating of approximately 12%, which is currently present in the Lake. Councilwoman Cherveny questioned the oxygen levels at which fish kills occur. Mr. Allard indicated that fish die offs generally occur when there is around 2%, with 4 to 5% being adequate for fish survival. Mr. Allard commented that some blue is appearing along the edge of the Lake which is caused by the continued impact of copper sulfate on the Lake. City Manager Molendyk requested clarification that this copper sulfate was a build-up rather than new application. Mr. Allard concurred that this was a result of previous public and private attempts to resolve the problem. He also noted that a major assistance to clearing the Lake would be an outflow. He suggested the potential for use of aeration, however noted that it is cost prohibitive. City Manager Molendyk suggested that the Council might want a workshop on the Lake for an update in the next few weeks. Mayor Washburn expressed hope for an improved situation next year with this headstart on the problem. R.B. Jones-Grubbs, representing the manufacturer of the product used on the Lake, noted that this effort has shown how well the residues from a long period of time are being mitigated. He stressed the work of this product to draw the impurities out of the soil on the bottom of the Lake. He suggested that this treatment continue throughout the winter to assure a clearer lake next year. Mayor Washburn indicated that Council would schedule a workshop. C. Stadium Update. (F: 134. 10) PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 City Manager Molendyk noted that the Stadium is on schedule and the Team representatives are pleased with the number of season tickets sold to date. D. Williams Lawsuit. (F:52.2) Mayor Washburn noted that the Williams lawsuit had been heard by the Court this date and requested an update from City Attorney Harper. City Attorney Harper confirmed that this matter had gone before the Judge as an effort to block the Walmart project. He advised that the Court concurred with the City and Agency and denied the Writ of Mandate requested. He further advised that the Court found that the meetings where action was taken were properly noticed and held; and further Mayor Washburn and Councilman Winkler were not in conflict of interest. He noted that the statute provides for attorney fees and he would be discussing this with the Council in Closed Session. PUBLIC COMMENTS ^ AGENDIZED ITEMS Requests were received to address item nos. 21 and 36 of this agenda and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 , 7, 8 and 9 . MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - September 14, 1993 . (F: 44 . 4) 2 . Received and ordered filed the L. E.A.F. Animal Control Activity Report for August, 1993 . (F: 18. 2) 3 . Received and ordered filed the Investment Report for August 31, 1993 . (F: 12 . 5) 5. Approved Change Order No. 3 for Lakeshore Drive/Robb Road Improvement Project for R.A. Ruiz Construction for a contract reduction in the amount of $9, 086 . 52 . (F: 156. 2) 6. Accepted Notice of Completion for Lakeshore Drive/Robb Road Intersection Improvements for R.A. Ruiz Construction. (F: 156 . 2) ITEMS PULLED FROM CONSENT CALENDAR 4 . Warrant List - September 15, 1993 . (F: 12 . 3) Councilwoman Cherveny commented on the warrant list and her discussions with several contractors. She suggested use of local contractors where possible. City Manager Molendyk commented that local contractors are used. He advised that PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 28l 1993 both Edmundson and MBC had done work for the City. He further advised that staff does go out and solicit bids. He noted that during the storms earlier this year extensive amount of work was done and much of the work was contracted on the basis of who could respond with the necessary equipment on short notice. He stressed that many times local contractors are not able to meet the necessary time frames. He suggested that interested local contractors contact the Public Services Director and notify him of there interest in providing services. Mayor Washburn noted that the intent of the public bidding process is to offer an equal opportunity to bid. Councilman Winkler commented that he keeps hearing about use of local people and indicated that it sounds like a type of "cronyism" . He stressed the purpose of the public bidding process. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST AS PRESENTED. 7. Notice of Completion for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements for the West Lake Elsinore, CFD 88-3 . (F: 22 . 3) City Clerk Kasad indicated that this item should be pulled from the agenda. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO PULL THIS ITEM FROM THE AGENDA UNTIL FURTHER NOTICE. 8 . Relection of Bids for the Summerhill Drive Walkway (Del Pizzoli to Ponte_Russo) . (F: 146. 1) Councilwoman Cherveny indicated that she had driven through this area and was not sure it had truly been bladed off. She suggested that further consideration be given to this project because the only options for the children are to walk in the street or in the mud when it rains. She further suggested that this was a safety issue and questioned the ability to gain reimbursement from the developer. City Attorney Harper indicated that reimbursement could not be obtained. Mayor Washburn indicated he too had visited this area, and suggested placement of sand or other material in the area to smooth out the rough spots. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI ABSENT TO REJECT ALL BIDS FOR THE SUMMERHILL DRIVE WALKWAY FROM DEL PIZZOLI TO PONTE RUSSO. 9. Agreement for Archaeological Work. (F: 68 . 1) Councilwoman Cherveny questioned the cost difference for use of a 4 wheel drive vehicle vs. a 2 wheel drive vehicle. She further questioned the necessity of a 4 wheel drive vehicle for the work location. City Manager Molendyk indicated that most vehicles used by the archaeologists are 4 wheel drive, and those are based on a cost of $. 35 per mile. PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Councilwoman Cherveny questioned the cost difference. Mr. Molendyk indicated that he was not aware or the cost difference, however that was the way the project was bid. Mayor Washburn noted a letter received from Larry Myers, Executive Secretary, Native American Heritage Commission relating to the handling of bones and read the following excerpt from that letter: "I was confused as to what the involvement of Penny Baker and Robert Vermillion had with the site initially and what prompted them to invite archaeologists to the site. Were they representatives of the property owner? It also is not clear who removed the bones from the site. Mr. Bruce Love, mentioned as one of the archaeologist, is well aware of the Codes and the proper procedures to follow involving the discovery of remains and the documentation and recording of finds. Records in this office do not indicate that Paul Price is an archaeologist. Regarding your questions about trespassing and removal of remains (if they are human) I would suggested that you immediately discuss these questions with your District Attorney. " Mayor Washburn explained that this agreement was for areas not covered by the Corps. of Engineers work underway. City Attorney Harper advised that action is being pursued as suggested in the letter read by Mayor Washburn. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITH STATISTICAL RESEARCH AS PRESENTED. PUBLIC HEARINGS 21. Annexation No. 65._ Zone_Change (Pre--Zone) 92_-,6;___Tentati_y_e Tract Map 27317 — Western Desert Corporation. Resolution 93-59 . (F: 20. 2) (X: 172 . 2) (X: 160. 2) City Planner Leslie detailed the site which a proposal for a 135 lot subdivision of single-family homes and an annexation to the City. He noted that there is additional area surrounding the project to the west and north that is also proposed to be prezoned, but not actually annexed at this time. Mr. Leslie presented an exhibit which outlined the annexation and surrounding areas. He noted the conditions proposed and the modification of alignment on Grand Avenue. Mayor Washburn then asked for the applicant to speak. Steve Parry, Hamilton Consulting, 3397 Silva Road, STE 320, Dana Point, explained that Hamilton Consulting is representing the project as the Project Manager for Western Desert Properties. He stated that they are in general agreement with the proposed conditions except for one. Mr. Parry explained that the issue of realignment of access from Grand Avenue is acceptable as newly proposed or originally proposed. He requested modification of Condition No. 74 to read: If i PAGE SIR - CITY COUNCIL MINUTES - SEPTEMBER 30, 1993 building permits are not issued within 90 days of approval of this tentative map, the site shall be subject to dust control methods as approved by the City Engineer. He stated that this would be consistent with other projects approved by Council and meets the requirements of the Planning Commission. He stated that he and his staff would be available for further questions. Mayor . Washburn opened the public hearing at 7:50 p.m. and asked those persons requesting to speak to come forward as called. The following persons spoke: David Buchanan, 30881 Plumas Street, spoke in opposition to the project and presented an exhibit showing by color designation, how many people are opposed to the project from the surrounding areas . He noted that the original development approved by the County was for 98 homes, which would have been consistent with the surrounding area. He explained that this project, along with Laguna Heights project will have an adverse effect on Public Safety and services provided to the area. Jeanie Archer, 15271 Alvarado Street, spoke in opposition to the project and explained that she felt that she and her neighbors were under attack because she feels the developer was trying to change their lifestyle. She pointed out that livestock produces noise seven days a week, flies can not be stopped, and the safety of children who are not used to livestock and move into the new tract and the danger to the livestock from new residents. Mrs. Archer explained that she felt that the 98 homes would be more acceptable and in conformance with the surrounding area and that higher density for profit would just create more problems . Donna Bejarano, 32831 Magdaleno Court, spoke in opposition to the project and expressed concern regarding drainage and potential flood waters. She stated that there are several problems which exist and explained the proposed drainage which takes a ninety degree turn into a dirt channel and noted the possibility of a silting problem along with the flooding. Richard Bejarano, 32831 Magdaleno Court, spoke in opposition to the project and explained that the 98 lots proposed to the County was a compromise at that time. He further explained that he understands that the proposal for 135 homes is done due to economics, but he stated that if the economics do improve it will still consist of 135 homes instead of 98 homes. Ace Vallejos, 15231 Cobre Street, spoke in opposition to the project and explained that he felt his area was being forced into an annexation by the City and encouraged residents opposed to annexation to notify LAFCO of their concerns. He asked why the City was trying to prevent the majority of homeowners from voting on the annexation. Mr. Vallejos read a letter questioning the potential change in the quality of life for existing residents, as well as inferior police services should this annexation be approved. Allan Knight, 30570 Brookstone, spoke in opposition to the project and read portions of the LAFCO rules and regulations PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 regarding annexation, and questioned the compliance of the developer to these rules and regulations. Mr. Knight stated that the developer increased the density from 98 to 135 homes due to the excess cost for drainage improvements. He explained that it is only an increase of $5, 000 per residence and he felt that the drainage issue was just an excuse to increase the number of lots. He noted that it was requested of the developer to design an equestrian community and make it compatible to the surrounding area and developer declined to do so. Ed Schultz, 15003 Eureka Street, spoke in opposition to the project and stated that he does not want to be a part of the City and feels that there would be no benefit to himself or his neighborhood. He indicated that the project will block his view and reduce the quality of public safety services. Mayor Washburn then asked if any other persons would like to speak in regard to the project. Hearing none the Mayor called upon Mr. - Parry, Project Manager, to respond to some of the concerns presented to Council. Mr. Parry stated that he would like to address the issues regarding lot size, equestrian use, flood control and traffic. Mr. Parry explained an exhibit of the perimeter of the property and explained one of the concerns of the surrounding property owners was the compatibility of use and lot size. He stated that they had modified the tract map to make lots which are adjacent to the other developments larger, to conform and make a buffer and he felt that this would answer the concern by making them compatible to adjacent lots. Mr. Parry then explained equestrian use adjacent to the project and noted that there is no equestrian use in the project. He clarified that the prezoning does accept equestrian use and he stated that the project is compatible with the Regional Trail system. Fred Crowe, Keith Companies, Project Engineer, explained that the trail next to the sidewalk is a multi-use trail and is connected to the Regional Trail system and ._ meets all requirements. Mr. Crowe then gave an overview of the Trail system. Mayor Washburn asked what standard was required of 888 Development. City Planner Leslie explained that the trailis as narrow as 10 feet and gets wider in some areas. Steve Parry explained the cost of the project and noted that it does not increase taxes. He then addressed flood control and explained that the project has been conditioned to address substantial off-site drainage. Mr. Crowe explained the improvements which the project will install and explained that the cost of the drainage will be absorbed by the developer for the section from Machado to the Lake. Mr. Crowe explained that although it is set up for reimbursement, it would happen at the time of future development; and the area from Machado to the Lake looks as though it will be quite some time before there is building to reimburse the developer, therefore the developer will bear the entire cost of the drainage improvements. Councilwoman Cherveny asked how long the earthen channel is. PAGE EIGHT - CITY COUNCIL MINUTES -, SEPTEMBER 30, 1993 Mr. Crowe stated that it is approximately 500 feet and was built by Woodhaven prior to the new regulations. He stated that there have always been problems with the channel, and eventually Riverside County Flood Control will have to address them. Mr. Parry clarified that this project will not only handle the flows of the project itself, but it will be accepting water from off-site. He further clarified that this will improve the flooding situation in the surrounding areas and not increase the problems. Steve Parry then addressed the traffic concerns and explained that there were two streets in the adjoining tract that were not cul-de-sacs, and were always intended to connect to the next area of development. He advised that these streets have been developed to accept the amount of traffic proposed. He explained that if Council prefers, they will use the alternate entry from Grand Avenue. Councilman Dominguez asked Mr. Parry about creating an island with the annexation. Mr. Parry presented an exhibit of the proposed annexation and stated that he did not see an island problem. Allan Knight, 30570 Brookstone, clarified that on one end of the project near Machado, there is a small strip of land between two City limit lines. Ace Vallejos, 15231 Cobre Street, stated that if this project is annexed his back fence is the City limits and expressed concern that all of the lots in his tract are three-quarters of an acre to one acre lots and that is not compatible to what is proposed. Terry Spear, 2651 Payne Street, stated that on Eureka Street there are a large number of children who play in the street and traffic is a danger to those children. Mayor Washburn asked if anyone else would like to speak in regard to the project. Hearing no one the public hearing was closed at 8 : 35 p.m. Mayor Washburn asked if the lots adjacent to the adjoining tract would meet the buffer requirements. Mr. Parry stated that they will . Mayor Washburn then questioned lots 6 through 28 that come up to the rear of other ownership rights and the toe of the slope raises up to a pad level impacting visual access, and he requested confirmation that open fencing would be used so that the view was not obstructed. He then questioned the maintenance of the upper slope and whether there would be CC & R's to support maintenance. Mr. Parry explained the concerns of the maintenance of slopes have been discussed and there is an agreement to set up a maintenance agreement as detailed in Condition No. 8 . Councilman Dominguez questioned the equestrian trails. Mr. Crowe explained that the way they are conditioned, it is to be used as a multi-purpose trail and fits the location that is requested by the County for the Equestrian Trail System. Councilman Winkler asked if the flood control plans within PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 30, 1993 this project were provided for in the County approval. Councilman Winkler asked about the fencing used to prevent the blocking of views. Mr. Crowe explained that the Planning Commission and the adjacent property owners had concerns regarding the blockage of view and the way it is conditioned so the fencing will come back to Design Review for approval. He further explained that the height and amount of privacy are issues which will be taken into account at the time of Design Review. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT STAFF RECOMMENDATION TO ADOPT MITIGATED NEGATIVE DECLARATION 93-7; ADOPT RESOLUTION NO. 93-59 FOR THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE ANNEXATION NO. 65; APPROVE ZONE CHANGE 92-6 AND TENTATIVE TRACT MAP 27317 BASED ON THE FINDINGS AND CONDITIONS WITH AMENDMENT TO CONDITION NO. 74 AS REQUESTED; AND APPROVED ALTERNATE ACCESS FROM GRAND AVENUE AS SUGGESTED. RESOLUTION NO. 93-59 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 INHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 65 - WESTERN DESERT CORP. " ORDINANCE NO. 966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 346 ACRES TO 116 ACRES OF R-H RESIDENTIAL HILLSIDE AND 230 ACRES OF R-A RESIDENTIAL AGRICULTURAL, LOCATED NORTH AND EAST OF GRAND AVENUE, WEST OF THE INTERSECTION OF MACHADO STREET {ZONE CHANGE 92-6 - WESTERN DESERT CORPORATION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE Findings - Annexation No. 65 1. The proposed annexation area is entirely within the City's Sphere of Influence. 2 . The proposed annexation area is contiguous to the City of Lake Elsinore. 3 . The project will not result in any significant adverse impacts on the environment. Findings - Zone Change 92-6 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. i f PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 i 2. This zone change establishes the necessary pre- zoning for this site. 3 . This request will not result in any significant adverse impacts on the environment. Findings - Tentative Tract May 27317 I. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivisions is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473 .5) . 2. The effects this project is likely to have upon the housing needs of the region against the public service needs of its residents and available fiscal and environmental resources have been considered and balanced (Government Code Section 66412 . 3) . 3 . The design of the subdivision provides to the greatest extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Government Code Section 66473. 1) . 4. Based on indications from the Elsinore Valley Municipal Water District (EVMWD) it has been determined that the discharge of waste from the proposed subdivision into the existing sewer system should not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. (Government Code Section 66474 . 6) . Planning Divisions Conditions 1. Tentative Tract Map 27317 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . Tentative Tract Map 27317 is approved subject to the approval of Annexation 65 by LAFCO and ZC 92-6. 3 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall Comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 4 . The August 1993 version of Tentative Tract Map 27317 and the associated environmental document Mitigated Negative Declaration 93-7 shall be revised to incorporate any corrections and revisions and any typographical errors subsequent to their approval. A final version of the map and Neg. Dec. Shall be submitted for review and approval by the Community Development Director or his designee within 30-days of approval by the City PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Council. No permit shall be issued until final administrative approval of the Tentative Map and Neg. Dec. by the Community Development Director or his designee. 5. Developer shall comply with all mitigation measures established within the Mitigation Monitoring Program for Mitigated Negative Declaration 93-7. 6_ Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-H Zoning District. 7 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 8 . The developer shall establish a Homeowners Association (HOA) and record associated CC & R's to manage and impose fees to maintain all slope or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. Specifically, the HOA shall also have the responsibility of maintaining the slopes within the rear portion of the lots along the project's eastern boundary (lots 11 through 28) . The HOA shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title tat he Homeowners Association. CC & R's shall be approved prior to final map approval. 9 . CC & R's shall also include verbiage prohibiting on--street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base satellite dish and no roof-mounted or front yard disk shall be allowed. 10. An open space plan shall delineate areas to be within homeowners' association easements and other maintenance responsibilities and shall be approved by the Community Development Manager and the Community services Director. 11. All open space and slopes outside the public right- of-way shall be owned and maintained by either the master home owners' association or private owners. The slopes within the rear portion of lots 11 through 28 shall be maintained by the homeowners association. All open space areas owned by the homeowners' association shall be offered for irrevocable dedication to the City. Maintenance responsibilities shall be further defined per the provisions of Condition #8 above. i PAGE TWELVE - CITY COUNCIL MIMUTES SEPTEMBER 28, 1993 12. Slopes on individual lots that are in excess of three-feet (31 ) in height shall be landscaped and irrigation shall be installed by the developer. 13 . House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 14. A masonry or decorative block wall shall be constructed along the entire tract boundary. In situations where views are to be considered a combination of wrought iron and block may be used subject to the approval of the Community Development Manager or his designee. All other fencing shall be provided subject to Section 17 . 14 . 130D within the Lake Elsinore Zoning Ordinance. A wall and/or fencing plan shall be developed which designated where the various fencing types are to be located, i.e. , decorative masonry, or a combination wrought iron and decorative masonry prior to Design Review approval. . Lots 11 through 28 shall have fencing at the top of the slopes. This fencing shall be constructed of masonry, decorative block, wrought iron or a combination of these materials. Wrought iron shall be sued where views towards the mountains from the properties down slope and to the east will be obstructed. 15. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate recommendations City permits. A Geologic soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 16. Any manufactured slopes higher than 30 feet shall be contour graded. Any slopes steeper than 2 ;1 must be accompanied by a geotechnical report approved by a registered engineer. 17. The grade for local streets shall generally not exceed nine percent (9%) with the exception that grades up to a maximum of fifteen percent (15%) will be considered because of design constraints with the approval of the City Engineer. 18 . Drainage structures required on large slopes shall be designed to avoid an angular layout or rigid geometric patterns. 19. Applicant shall dedicate and construct a multi- PAGE THIRTEEN - CITY 'COUNCIL MINUTES - SEPTEMBER 28, 1993 purpose trail along Grand Avenue for the purpose of tying into the Riverside County Regional Equestrian Trail system subject to the approval of the Community Development Manager or his designee. The trail shall be built to current County standards. 20. The City's Noise Ordinance must be met during all site preparation activity. 21. Street names within the subdivision shall be approved by the Planning Division. 22. Comply with all conditions of the Riverside County Fire Department including: A) all access easements to open space for fire equipment must be approved prior to final map approval, and B) all required fire protection facilities that are to be provided must be submitted in writing to Riverside County Fire Department. 23 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 24 . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 25 . Meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by he City and shall be installed in accordance with the City Standards. 26 . Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street Lighting District pursuant to Resolution 88-27 . Annexation to the City's Landscaping and Lighting District is required prior to approval of the Final Tract Map. 27 . Prior to final map approval of TTM 27317, applicant shall have entered into a school impact mitigation agreement with the Lake Elsinore Unified School District. The City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved by the City. 28 . Meet all requirements of Southern California Gas Company. 29. Meet all requirements of General Telephone. 30. All trailers and/or mobile homes used during construction, mailboxes and signage shall be I PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 subject to Planning Division review and approval prior to installation. 31. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 32 . Pay all applicable City fees in force at the time (including park in lieu fees) , prior to the issuance of building permits. 33 . Lots 44 through 57 shall be constructed with one- story structures and/or with architectural features that preserve the views of the houses on the adjacent lots to the west. 33a. The placement of lots 11 through 18 on the August 1993 version of TTM 27317 shall be adjusted so that none of the lots within the existing adjacent tract to the east will have more than two lots bordering them. 33b. A statement of acknowledgement disclosing that all properties adjacent to the north, northeast, and west have zoning designations which permit the keeping of livestock as an accessory use shall be presented and signed by all perspective home owners within this tract at the time of sale (prior to the close of escrow) . - Engineering Department Conditions 34. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 35. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52. 030) . 36. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution No. 85-26) . 37. Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 38 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to approval of final map (Lake Elsinore Municipal Code 16. 34) . 39 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Code, (Lake Elsinore Municipal Code 12.04 and 16. 34) . 40. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 41. Enter into a subdivision agreement with the City for Public Works improvements and post appropriate bonds. 42 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certification of Occupancy. 43 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/2" x ill' mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 44 . Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 45. Provide fire protection facilities as required by Riverside County Fire. 46. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 47. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 48 . All improvement plans and tracts shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with the City's ARC/INFO GIS or developer shall pay $1, 000. 00 per sheet for City digitizing. 49 . Developer shall provide "No Parking" and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 50. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 51. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. i PAGE SIXTEEN- .CITY COUNCIL MINUTES .- SEPTEMBER 28, 1.993 52 . If grading exceeds 50 cubic yards, grading plans shall be prepared by Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 53 . The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) with a storm water pollution prevention plan prior to issuance of grading permits. 54. Internal streets shall be improved within the dedicated right-of -way in accordance with County Standard No. 104, Section A. (401/601 ) . 55. A. Grand Avenue shall be improved with concrete curb and gutter located 38 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Road Commissioner and the City within a 50 feet half width dedicated right-of-way (381/501 ) . B. Grand Avenue (off-site) between Machado Street and the southwesterly project boundary shall be reconstructed and widened to a minimum of 32 feet A.C. paving at a grade and alignment as approved by the Road Commissioner. 56. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner and the City. 57 . All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. 58 . A striping plan is required for Grand Avenue. The removal of the existing striping and restriping shall be the responsibility of the applicant. 59 . The developer shall deposit with the Engineering Department, a cash sum of $150. 00 per lot as mitigation for traffic signal impacts. 60. Lot access shall be restricted on Grand Avenue and so noted on the final map. 61. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e. concentration of diversion of flow. Protection shall be provided by construction of adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on he final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed" . PAGE SEVENTEEN CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 62. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department and the City Engineer. 63 . This tract is located within the limits of the West Elsinore Area Drainage Plan for which drainage fees have been adopted by the County. 64. Prior to initiation of the final construction drawings for those facilities required to be build as part of the West Elsinore Area Drainage Plan. The developer should contact the Riverside County Flood Control and Water Conservation Districts to ascertain the terms and conditions of design, construction, inspection, transfer of rights-of- way, project credit in lieu of fees and reimbursement schedules which may apply. Title reports and title insurance must be provided for all right-of-way to be transferred to the District. The developer should note that if the estimated cost for required drainage fees and the developer wishes to receive credit for reimbursement in excess of his fees, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the District. 65. Line "A-1" of the West Elsinore Area Drainage Plan should be constructed from Grand Avenue to its junction with the proposed Line "A" of the West Elsinore Area Drainage Plan. Adequate inlet and outlet structures should be provided. 66 . The Marina Channel shall be extended from Machado Avenue downstream approximately 2000 feet to the existing concrete lined channel maintained by the Riverside county Flood Control District, prior to construction of any unit of Tract 27317. Since this reach of required improvements is one of the projects which will eventually be funded by the Zone 3 , Benefit Assessment Flood Control Bond Issue, the developer should plan to execute an agreement with the District to front its construction costs that are in excess of his Area Drainage Fee obligations, with payback via proceeds from the bond issue program over a 3-year period; the payback to be anticipated in equal annual non- interest bearing amounts initiated 5 years after the tract is approved. 67. on site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. 68. Off-site drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owner(s) . The document(s) should be recorded and a copy submitted to the District prior to recordation of the final map. PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 69. All lots should be graded to drain to the adjacent street or an adequate outlet. 70. The 10--year storm flow should be contained within _ the curb and the 100-year storm flow should be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities should be installed. 71. Drainage facilities outletting sump conditions should be designed to convey the tributary 100-year storm flows. Additional emergency escape should also be provided. 72 . A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District and the City for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. A registered engineer must sign, seal and note his expiration date on plans and calculations submitted. 73 . The developer, the City and the Riverside county Flood Control District shall enter into an agreement establishing the responsibility for design, construction, inspection, transfer of right--of-way and maintenance for storm drain facilities prior to final map approval. . All drainage facilities must be constructed and be operational prior to the issuance- of the first certificate of occupancy. 74 . If building permits are not issued within 90 days of approval of this tentative map, the site shall be subject to dust control methods as approved by the City Engineer. 75. Construction traffic shall be limited to Grand Avenue and prohibited from using Golondrina and Eureka Streets. Prior to the commencement of construction, the developer shall meet with the Lake Elsinore Unified School District and City staff (Planning and Engineering_ to determine if school pedestrians destined to and from Withrow School will be impacted. If it is determined that the school children will be impacted, appropriate mitigation shall be developed which may include the provision of a crossing guard at the expense of the developer. 76 . All existing streets which undergo any trenching or underground work associated with this project shall be repaved curb to curb, at the completion of the work subject to the approval of the City Engineer or his designee. 22 . Determination of Vicious Da - 224 Broadway. (F: 18 . 1) City Manager Molendyk explained Food and Agriculture Code PAGE NINETEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Section 31602 which provides that the determination that a dog is vicious and subject to impoundment. He further explained that it allows for a petition to the Municipal Court or to the City with jurisdiction, subject to appeal to the Municipal Court. He also explained that a dog, owned by Mr. Luttrull, has had a record of biting three people. He noted that it is the recommendation of L.E.A.F. , that Mr. Luttrull build a kennel for the dog before it is returned. To date, Mr. Luttrull has not met the conditions of L.E.A.F. and the Council enforces the ordinance and if the dog is not kenneled in the next two weeks, then L.E.A.F. would recommend that the dog be destroyed. City Attorney Harper explained that first the Council must make the determination, based upon the evidence, that the dog is vicious. After that determination is made then under the statute Council determines what types of conditions will be put on maintaining the dog. Jean Vashall, Animal Control Officer for L.E.A.F. , stated that she has worked on this case and explained that Bruno is a male Shar Pei Mix that is constantly at large in the neighborhood. She commented that upon inspection of the property he cannot be confined by the fencing provided and has bitten three children in the last four months. She indicated that in her opinion the dog will bite again, if given the opportunity. She explained the three dog bite incidents and what action L. E.A.F. had taken. She recommended that the dog be confined in a 10 X 10 foot kennel with a solid roof and concrete floor to prevent escape; that Bruno be allowed inside the home while under the direct supervision of a responsible adult with the screen door locked at all times, and shall be made of a material capable of preventing Bruno from jumping against it and escaping; that Bruno be placed in the kennel when visitors are present; and if Bruno is taken off the property, he should be on a leash no longer than 61 , with a responsible adult capable of controlling the dog. Cecil Luttrull, 224 Broadway, the dog owner, explained that he felt that the dog had cause for biting in one case, since the dog had been teased by the boy and the boy did jump the fence. He further explained that the dog is a blond Shar Pei, is not part pit bull and is a loving dog, but in the evening several dogs do get loose and his is not the only one in the neighborhood. He detailed the circumstances of the other two dog bites. He stated that when his animal was retained at the animal shelter he experienced a large loss in weight and developed a kennel cough, as well as contracting fleas and ticks. He further stated that since this quarantine he has again contracted kennel cough and questioned who would pay the vet bill. Councilwoman Cherveny stated that Mr. Luttrull has not stated what he will do to contain the dog, nor assured Council that the dog will not bite again. Cecil Luttrull stated that he will build a kennel and if there are children in the immediate area he will be confined in the house or in the kennel. Councilman Winkler stated that Mr. Luttrull stated that he PAGE TWENTY - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 would do what he has to do and he stated that he would take that to mean that Mr. Luttrull would comply with all the conditions of L.E.A.F. He asked Mr. Luttrull if he was willing to do that. Mr. Luttrull stated that he would and stated that his dog is a good dog. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO FIND THE DOG BRUNO, OWNED BY CECIL LUTTRULL, 224 BROADWAY, LAKE ELSINORE, TO BE A VICIOUS DOG. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ALLOW CECIL LUTTRULL TO TAKE CUSTODY OF BRUNO IF HE IS IN COMPLIANCE WITH THE CONDITIONS OF THE LAKE ELSINORE ANIMAL CONTROL WITHIN THE NEXT TWO WEEKS WITH THE DOG TO BE RETAINED IN THE ANIMAL SHELTER UNTIL THE CONDITIONS ARE MET. Mayor Washburn asked the City Attorney if the dog is released to the owner and escapes or is not in compliance with the conditions, will the dog be automatically euthanized. Councilwoman Cherveny stated that this has already been heard, and the dog has been determined vicious and if the dog should bite again he will be automatically euthanized. Mr. Luttrull stated that on only one occasion the dog attacked and he felt that the dog had been provoked. He stated that it was not fair to deem the dog vicious. Councilman Winkler asked what the procedure would be if the owner complies. with the conditions and the dog escapes and bites again. City Attorney Harper stated that it is a Council determination, but the three choices are as follows: 1. That if the dog escapes, he will just be returned to his kennel. 2 . That if he is at large then he will be taken into custody and be subject to euthanasia with no ,recourse to Council. 3 . Recourse to Council for final determination. Councilwoman Cherveny asked that the motion be amended to include the conditions and that action be taken should the dog be found at large again. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO AMEND THE ORIGINAL MOTION TO INCLUDE THE FOLLOWING CONDITIONS WITH NO RETURN TO COUNCIL AND SHOULD THE ANIMAL BE FOUND AT LARGE, THEN IT IS DETERMINED THAT L. E.A.F. HUMANELY DESTROY BRUNO; 1. That Bruno be kept in a 10 X 10 kennel. Said kennel should be set in concrete to prevent digging and have a solid roof attached to prevent escape from climbing. Shelter shall be provided for the animals comfort from the weather. 2 . That Bruno be allowed inside the home while under the direct supervision of a responsible adult. The screen door shall be locked at all times and shall be made of a PAGE TWENTY-ONE - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 material capable of preventing Bruno from jumping against it and escaping. 3. That Bruno be placed in the kennel when visitors are present. 4 . If Bruno is taken off the property, he should be on a leash no longer than six feet (6' ) and with a responsible adult capable of controlling said dog. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. Mayor Washburn explained that the action taken by Council is not trying to be the judge and jury, but with the evidence presented by L. E.A.F. it indicated that Council must take action for the protection of the owner as well as the public. Councilman Winkler stated that this item should not be brought back to the table, but that any information in opposition or in favor of Council action should be taken to L.E.A. F. APPEAL 23 . Appeal of Planning Commission Condition of Approval_No._24 for R 89-17 Amendment No. 2 (Lewis Homes of California) - the sublect site is located at the southeast corner of the intersection of Robb Road and Mountain Street. (F: 21. 1) City Manager Molendyk explained that Lewis Homes is the first to appeal the recently adopted ordinance prohibiting the use of wood fencing. City Planner Leslie presented photographs of existing wood fencing in the community. Mayor Washburn requested clarification of the Planning Commission's action on this item. Mr. Leslie indicated that the Planning Commission had upheld the recent City Council ordinance. Mayor Washburn questioned the application of that ordinance to this situation, noting that he could understand concerns when major thoroughfares or entrances are addressed. Councilman Winkler reminded Council that the recent ordinance removed the ability of the Planning Commission to allow wood fencing. City Manager Molendyk clarified that his understanding would be that required block wall fencing for anything which is visible from the streets. He noted that this project involves elevated rear yard fences which might be visible. Councilwoman Cherveny indicated that she could understand requiring block walls for the perimeter, but not inside the tract. City Manager Molendyk noted that the Century Homes project has a block wall perimeter fence, however, because of the elevations, a number of the interior wood fences are visible from the road. City Planner Leslie stressed that this project is a phased development with elevated slopes. Councilman Winkler commented on the Centex Homes and the combination of fencing styles utilized effectively. He noted that a much better job had been done at that location and they are aesthetically pleasing. He suggested that it was incumbent on the applicant to determine what would be visible and how to address the views. City Planner Leslie indicated PAGE TWENTY-TWO - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 that this could be reviewed, but much more work would be necessary to address visibility. Councilman Winkler stressed that the view from Railroad Canyon Road to Century Homes is not acceptable. He requested clarification of the request from Lewis Homes. Mr. Leslie indicated that their request was for wood interior fences. Mimi Ryal, representing Lewis Homes, advised that they are excited about proceeding with the project. She further advised that their intent is to place slump block walls on the perimeter and lot lines on the public right of way, as well as the front returns between houses. She explained that they would like to place wood fences on the rear and side property lines, which are sturdier that the standard wood fence. She detailed the building standards for the proposed fences. She indicated that they would be willing to provide the entire perimeter wail as part of the first phase. Councilman Winkler inquired what type of wall would be along Robb Road. Ms. Ryal indicated that it would be slump block. Mr. Winkler questioned the front yard walls. Ms. Ryal indicated that the front fences between homes would also be slump block. Councilman Winkler suggested that this matter return in two weeks with elevations and detail regarding placement and type of walls, as well as elevations if possible. He indicated he would go look at the pad configuration in place. MOVED BY WINKLER, SECONDED BY WASHBURN TO CONTINUE THIS MATTER FOR TWO WEEKS TO ALLOW MORE INFORMATION AND REVIEW. City Planner Leslie commented on. the proposal as .he understood it and noted that he was pleased with the concept of slump block for the front yard returns. He noted that typically these are done in wood. He indicated that he could review and suggest a compromise where not visible. Councilman Winkler commented that he doesn't have a problem where the wood fences are not visible. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. BUSINESS ITEMS 31. Extension of Time for Tentative Parcel Map No. 25717 - the site is approximately 15 . 29 acres and is located on the northeast corner of Silver and Flint Streets. (F: 160. 2) City Manager Molendyk highlighted the staff report and clarified that the recommendation is for a 24 month extension. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO GRANT A 24 MONTH EXTENSION OF TIME BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS PRESENTED. Councilman Winkler inquired of City Attorney Harper regarding a new law in which all extensions would be for 24 months automatically. Mr. Harper indicated that this law would not go into effect until January 1, 1994 . THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PAGE TWENTY-THREE -- CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Findings 1. Substantial progress toward the development of this Parcel Map has taken place. 2. The Project as proposed and conditioned is consistent with the Goals, Policies, and objectives of the General Plan. Planning Division Conditions I. Tentative Parcel Map 25717 shall expire two (2) years from the date of approval unless extended pursuant to State and local law or recordation of Final Map. 2 . The applicant shall comply with all mitigation measures as stated in Negative Declaration 89-57 . 3 . Meet all Riverside county Flood Control District requirements. 4 . All lots shall hook up to sewer. 5. Prior to Final Map the applicant shall sign and complete the "Acknowledgment of Conditions" form and shall return the executed original to the Community Development Department for inclusion in the case records. 6. DELETED. Engineering Department Conditions 7 . All Public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 8 . Provide in-lieu payment for future off-site improvements on Flint Street from Lewis to Lowell or apply for and complete the street abandonment process on Flint Street. 9. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . Document can be obtained from the Engineering Department. 10. "A" Street and Silver Street shall have a sixty (60) foot right-of-way with forth (40) foot curb- to-curb. 11. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 1634, Resolution 85-26) . 12 . Submit a "will-serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 letter prior to applying for a building permit. 13 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16.34) . 14 . Street improvement plans and specifications shall be prepared by a City Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 15. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12. 08, Resolution 83-78) . All requirements for encroachment permit shall be fulfilled before Certificate of occupancy. 16. Provide Soils, Geology and Seismic Reports including street design recommendation prior to recordation of Final Map. Provide final Soils Report showing compliance with preliminary and finish grade certification. 17 . Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 18 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 19. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 20. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 21. All natural drainage traversing site shall be conveyed through site, or provided For by a method approved by the City Engineer. 22 . Applicant shall provide all necessary off-site easements for off-site grading from the adjacent property owners prior to Final Map approval. 23 . Submit Hydrology and hydraulic Reports for review and approval by City Engineer prior to approval of Final Map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 24 . Contribute $! 53 . 00 towards the City's Master PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - SEPTEMBER 28* 1993 Entryway Sign Program. 25. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 26. Silver Street shall be improved to provide for half street improvements plus an additional twelve (12) feet of pavement west of centerline. 27. Developer shall contribute $3,900 towards the design and construction of a traffic signal at the intersection of Central and Collier. This development will increase traffic at the intersection at least three percent (3%) and should contribute three percent towards construction. 28 . The developer shall pay for "No Parking" and Street Sweeping signs. 29 . Applicant shall provide written approval from Riverside County Fire Department approving street circulation for site. 30. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 31. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000. 00 per sheet for future final tract digitizing. 32 . Southerly tract boundary shall be extended to centerline of Flint Street and abandoned on map. Southern half of Flint Street from Lewis to Lowell shall be processed for abandonment by the applicant and southern half of street shall be vacated . concurrently with Final Map approval. 33 . Applicant shall cooperate with property owner of Lot 19 and 20 for the development of Flint Street between Lewis and Silver Streets. 34 . Applicant shall provide cash deposit for possible road repair caused by hauling export from site prior to grading permit. 35. Developer shall grade and provide two (2) paved travel lanes (25 feet) on Flint from Silver to existing improvements, Improvements shall match existing grade on Flint subject to the approval of the City Engineer. 36. Conditions, Covenants and Restrictions shall be established for the overall development which defines the responsibilities of the landscape PAGE TWENTY--SIX - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 maintenance for the entire development. Said CC & R's shall establish landscape easements to ensure access to all landscaped areas on each lot. 37. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 38. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 39. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutants Discharge System Permit prior to issuance of grading permit. 32 . Resolution No. 93-57 - Confirming Participation in the "Teeter Plan" . (F: 140. 1) City Manager Molendyk highlighted the Teeter Plan which is subject to the provisions of Assembly Bill 742 . He noted that it would allow collection of delinquent taxes for the City, by the County. He clarified that all taxes except abatements would fall under this plan. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 93-57. RESOLUTION NO. 93-57 A RESOLUTION OF THE CITY OF LAKE ELSINORE MADE PURSUANT TO SECTION 4715 OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AGREEING TO PARTICIPATE IN THE ALTERNATIVE METHOD FOR DISTRIBUTION OF TAX LEVIES AND COLLECTIONS AND OF TAX SALE PROCEEDS ADOPTED BY THE COUNTY OF RIVERSIDE. 33 . Resolution No. 93-58 - Supporting Proposition No. 172 on November 2 , 1993 , Ballot. (F: 96. 1) Mayor Washburn indicated that he had placed this item on the agenda to support Proposition No. 172 , and continue the 1/2 cent sales tax. He noted that it would gain approximately an extra $108, 000 for public safety programs. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 93-58 . RESOLUTION 92-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING STATE PROPOSITION 172 AS PROPOSED FOR THE NOVEMBER 2 , 1993 BALLOT. 34 . Designation of Voting Delegate &Alternate - League of California Cities Annual Conference. (F: 108 . 8) Mayor Washburn offered to serve as the Voting Delegate and suggested that Mayor Pro Tem Dominguez serve as the alternate. PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT MAYOR WASHBURN THE VOTING DELEGATE AND MAYOR PRO TEN DOMINGUEZ THE ALTERNATE; AND FURTHER DIRECTED THE CITY CLERK TO TRANSMIT THIS INFORMATION TO THE LEAGUE OF CALIFORNIA CITIES. 35. Citation Processing and Collection Agency Agreement - The Phoenix Group. (F:68. 1) City Attorney Harper explained this item and the new requirement that cities handle all non moving violation citations. He noted that the Phoenix Group is one of 3 or 4 agencies in the State who provide this type of service, with the cost being $1. 25 per ticket. He also noted that in the City of Lake Elsinore this processing will include Lake violations. Mayor Pro Tem Dominguez questioned the formula for charges on parking tickets. City Attorney Harper indicated that the bail schedule was being developed. Public Services Director Tecca advised that the bail schedule would be presented at the next Council meeting for consideration. Mayor Pro Tem Dominguez inquired whether the $1. 25 fee could be added to the penalties charged. Mr. Tecca indicated that they will be included in the penalties. City Attorney Harper clarified that under the new law the City will receive all of the penalties assessed and pay the $1. 25 out of them. Mr. Tecca noted that the Phoenix Group also has the capability of interfacing with the Department of Motor Vehicles to place liens, with the charge by the D.M.V. being $3 . 00 for this service. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITH THE PHOENIX GROUP. 36. Ordinance No. 965 - Confirming Action to Consolidate Future Municipal Elections. (F:72 . 1) MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 965: City Treasurer Pape commented on this item noting that this was originally proposed for the cost savings, in that it would cut the cost in half to approximately $13 , 000. He explained that following the initial discussions he became aware of the proposal by the County Registrar of Voters to shift all local elections. He stressed the understanding that if cities do not agree to the shift, they will be responsible for holding independent elections. He further stressed the cost and hours involved in that process. He also commented on the discussions regarding focus on local issues and noted the latest proposal to change the Presidential Primary date in 1996. He explained that this proposal will shift the Presidential Primary to the last Tuesday in March, 1996; and if the Council had not chosen to make this change the City election would have been only two weeks later and have the potential of poor voter turn out and confused issues. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 G.� ORDINANCE NO. 965 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING DATES FOR GENERAL MUNICIPAL ELECTION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE 37 . Second Reading -- Ordinance No. 964 - Laguna Heights Specific Plan 92-3 - The Western Company. (F: 150.2) MOVED BY WASHBURN, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 964 : ORDINANCE NO. 964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 (THE WESTERN COMPANY) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: WINKLER 38. Request from Citizen' Crime Watch. (F: 127 . 1) Councilman Winkler noted a number of Crime Watch Committee members present in the audience and explained that the Committee would like to begin a patrol similar to that used in Sun City. He further explained that it would be done by volunteers to gather evidence and assist the Sheriff's Department. He noted that such programs have worked well in Sun City and Grand Terrace. City Attorney Harper commented on the program in Grand Terrace and advised that they are provided marked cars, a comprehensive training program and officer supervision. He noted that it has been very successful, possibly being the reason that Grand Terrace has the lowest crime rate in San Bernardino County. ~ Councilman Winkler advised that in Sun City, there is a non- profit corporation which buys cars; the program is administered by the County Sheriff's Department with volunteer patrols; and insurance is the responsibility of the County. Mr. Winkler suggested that the Committee be given the use of two City cars and cooperation of the Sheriff's Department with Mr. Jim Sands and Mr. Richard Brown. He suggested that the mechanics of the program be brought back for Council review. PAGE TWENTY-NINE- CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Councilwoman Cherveny indicated she would like to see a formal proposal, but the program sounded like a great idea. Councilman Winkler indicated that he is aware that there are cars available, however questions still exist on insurance and waivers which would be required. He further suggested that the mechanics be worked out and brought back to Council. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO DIRECT STAFF TO INVESTIGATE THE MECHANICS OF THE PROGRAM, ALONG WITH INPUT FROM THE SHERIFF'S DEPARTMENT REGARDING TRAINING AND RETURN TO COUNCIL WITH FINDINGS. City Manager Molendyk pointed out that the criteria must be approved by the Joint Powers Insurance Authority. The criteria should include training, type of cars, etc. He indicated he would follow up with Captain Daniel and Administrative Services Director Boone. City Attorney Harper indicated that in Grand Terrace the program was basically done through the Sheriff' s Department. Councilman Winkler inquired whether the City of Grand Terrace was part of the same J.P.I.A. as the City of Lake Elsinore. Mr. Harper was not certain. Mayor Washburn clarified that the motion was to look at the program and proceed in compliance with the requirements of the J.P. I.A. Councilwoman Cherveny noted that she had obtained information at the last Annual League of California Cities conference regarding a program in Dana Point using Senior Citizens for report writing and requested that the item be considered as well. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Peter Dawson, 18010 Grand Avenue, representing Southshore Homeowners Association, indicated that the water front property owners are currently using the lake for recreation and requested that a use agreement be finalized with the property owners. CITY MANAGER COMMENTS City Manager Molendyk advised that there was need for a Closed Session concerning potential litigation. City Attorney Harper indicated that they would also need to discuss the litigation between Williams and the City. CITY COUNCIL_ COMMENTS Mayor Pro Tem Dominguez commented on the following: 1) R.T.A. Free Ride Day on October 7, 1993 , and encouraged the public to take the bus. 2) Traffic concern in area behind City Mall; cars are f PAGE THIRTY - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 parking on both sides of narrow streets. Requested that staff work with him to review the problem and review possible solutions. Councilwoman Cherveny commented on the following: 1) Encouraged the public to attend the Oktoberfest at the Rodeo Grounds being held Thursday through Saturday with Om-Pa-Pa Bands and German Food. Councilman Winkler commented on the following: 1) McVicker Park, stressed the need to contact Ken Edwards and keep the project on track. Community Services Director Sapp indicated that he has been in contact with the Flood Control District and the necessary approvals should be done this week. He further indicated that Centex is ready to proceed with the improvements as soon as approved. Mayor Washburn commented on the following: 1) Friends of the Library fund raiser, Hoe Down to be held on Saturday, October 2, 1993 at the Community Center. 2) "Warning" letter from Robert Vermillion. He noted false points in the letter and clarified facts. He suggested that the letter was intended to create hysteria and is not correct on any point. He noted that the Outflow Channel project is expected to begin on October 1. 3) Reminded the Community of the Oktoberfest and encouraged attendance. City Manager Molendyk advised that he had spoken with representatives of Riverside County Flood Control and the pre- construction meeting for the Outflow Channel project would be held on October 1, 1993 and work should be underway the following week. He noted that efforts are being made to , hold a groundbreaking ceremony. THE CITY COUNCIL MEETING WAS RECESSED AT 10: 10 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10: 12 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10: 12 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION AND WILLIAMS VS. CITY OF LAKE ELSINORE. THE CITY COUNCIL MEETING RECONVENED AT 10: 37 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY D INGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN HE REGULAR CITY COUNCIL MEETING AT 10: 38 P.M. „ Y WASHBURN, MAYOR CI OF LAKE ELSINORE 0CL1KikS)D. CITYALERK CITY OF LANE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA Thursday, September 30, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 2 :31 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI, CHERVENY Also present were: City Manager Molendyk, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh and City Clerk Kasad. BUSINESS ITEM 1. Resolution No. 93--60 - Stadium -Financing. (F: 134 . 10) MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 93-60; RESOLUTION NO. 93-60 DETERMINING TO IMPLEMENT A PLAN OF REFINANCING THE MULTI- PURPOSE STADIUM PURSUANT TO AN ACQUISITION AND LEASE-BACK ARRANGEMENT WITH THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. CLOSED SESSION None. ADJOURNMENT MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 2 : 32 P.M. GAR Y WASHBURN, MAYOR CITY F LAKE ELSINORE A TEST: r t J CKI Ry,SAD, CIi'Y CLERK CITY OF LAKE ELSINORE I i MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA Friday, October 8, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 9 : 05 a.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dan Young, Young Investment Group. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI, CHERVENY Also present were: City Manager Molendyk, Administrative Services Director Boone, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh and. City Clerk Kasad. BUSINESS ITEM 1. Deed Modification for Elsinore Landfill Site. (F: 163 .1) Public Services Director Tecca explained that this item is due to a new law requiring deed restrictions for maintenance of landfill sites. He further explained that the City owns the landfill site, however, the County is tied in to maintaining it for a period of 30 years under the closure plan. He noted that the letter requesting this information was received on October 6th and action was required by October 9th. Mayor Washburn inquired whether the limitations proposed were the same as those previously negotiated and compatible with the closure plan. City Manager Molendyk commented that although there had been expectations previously of being able to use the site as a park, that would not be possible. Councilman Winkler inquired whether the City Attorney had reviewed the document proposed. Mr. Tecca indicated that the City Attorney had reviewed and approved the document. Mayor Pro Tem Dominguez questioned the 30 year plan and its limitations. Mr. Molendyk explained that because of the gases, the uses for the property are limited by the Environmental , Protection Agency, and noted that it might be acceptable for parking. etc. Mayor Washburn requested clarification of the language which would be added to the deed. Mr. Tecca clarified. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 8, 1993 City Manager Molendyk and Public Services Director Tecca stressed the limited timing allowed by the notification. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE DEED MODIFICATION AS PRESENTED. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 9: 09 A.M. n i d/1 GARY WASHBURN, MAYOR CIT 6F LAKE ELSINORE ATTIEST: ZI VICKI KASA , CI'i CLERK CITY 02 LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 12, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 02 p.m. FLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by King Videocable Cameraman Leo Arnao. ROLL CALL PRESENT: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Red Ribbon Week Festival Committee & Kiwanis Club. (F: 122 . 1) Mayor Washburn read the proclamation and presented it to members of the Red Ribbon Week Committee and the Kiwanis Club. Judy Weston, representing the Red Ribbon Week Committee, accepted the proclamation and invited the public to attend the festival scheduled for Saturday, October 16, 1993 , at City Park. She also announced a magic show to be held on October 22 , 1993 to benefit the Red Ribbon Week Campaign. Dennis Price, representing the Kiwanis Club, detailed the activities of the Kiwanis Club which relate to Red Ribbon Week and thanked the Council for this recognition. B. Lake Update. (F: 92 . 1) Manager of Special Projects Watenpaugh commented on his discussions with Brach & Allard of this date, and noted that they will be treating the Lake again on October 13th. He also commented that to date they have been successful in keeping the oxygen levels and p.h. levels conducive for the fish. He noted that a third party will be assisting in evaluation of the results of treatment to date. C. Stadium Update. (F: 134. 10) City Manager Molendyk advised that while there is no new information on the Stadium, the project is on schedule. He PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 12, 1993 noted the additional contracts awarded on October 8 , 1993, and advised that a few more special meetings will be needed to remain on schedule. D. Presentation Sheriff's Department. (F: 127. 2) Mayor Washburn called upon Captain Daniel to address a recent newspaper article in regard to the Uniform Crime Report from the Federal Bureau of Investigation. Captain Daniel explained that the Uniform Crime Report defines "Part one" crimes as homicides, rapes, robberies, aggravated assault, burglary, grand theft and auto theft. He further explained that the statistics the Sheriff's Department compiles for an annual report includes all the crimes listed above and are reported to the Bureau of Criminal Statistics, Department of Justice for the State of California who then publishes the findings in the California Crime Index, which contains all crimes reported with the exception of arson and larceny theft. He explained that the Federal Bureau of Investigation includes all crimes including petty larceny and theft, which could include shoplifting of small items (such as candy and bubble gum) to larger crimes. He further explained that the reason for reporting all thefts is the variance in laws from state to state; noting that in the state of California shoplifting is a misdemeanor, but in other states it is a felony. This creates a form of standardization although it sends a wrong signal to anyone who does not understand this type of report. Captain Daniel explained that the information in the Uniform Crime Report is accurate, but there needs to be a study of what the numbers mean. He stated that it was reported that if a person living in Lake Elsinore would be more likely to be a victim of a serious crime than a person living in the City of Los Angeles. Captain Daniel stated that this is not a fair statement nor a proper comparison due to inaccurate population count and how the information was analyzed. The publication was not intended to rank cities, but rather to give an overview of the trends and how the criminal element is changing within specified areas. Captain Daniel read a portion of the instructions for compiling information for this report, as follows: Each year when Crime in the United States is published, many entities, news media, tourism agencies and others with an interest in crime in our nation, compiles rankings of cities and counties based on their crime index figures. These simplistic and/or incomplete analyses often create misleading perceptions which adversely affect cities and counties along with the residents. Valid assessments are only possible with careful study and analysis of the various conditions affecting each local law enforcement jurisdiction. Population size is the only correlate of crime utilized in this publication. The reader is therefore cautioned against comparing statistical data of individual reporting units from cities, counties, metropolitan areas, states, colleges or universities solely on the basis of their population or student enrollment. Captain Daniel stated that the crime statistics must be PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 12, 1993 carefully reviewed to see what they really mean and that there are cities which Lake Elsinore is being compared to that don't have recreational activities, such as the Lake. He explained that Lake Elsinore has a large number of people filling the campgrounds and creating an additional variable, meaning if the officer responds to a crime of assault in the State Park the individuals are generally from out of town, but the crime stats stay in the City and this does not reflect what is local and what is not and impacts the final report. He expressed concern with the comment that a person would be four times more likely to be a victim of a violent crime in the City of Lake Elsinore. Captain Daniel explained that in fact no person moving to Lake Elsinore should be in fear of this. He cited the four homicides which occurred in the City in the last year and explained that two were directly gang related and not affecting the general population; one infant which was beaten to death; and the forth was a homicide created from a dispute between two neighbors who had a long standing argument and it escalated to violence. He stressed that these crimes did not affect or involve the general public. He noted the rapes which occurred in the City and stated that they were not situations of people being pulled off the street; they were incidents which could be classified as drug oriented and date rapes and there were no abductions. Captain Daniel explained the assault reports and stated that of the 258 aggravated assaults, 38% were within family units amounting to approximately 100 reports and of the other 158 the majority were drug orientated. The average person in the community is not subjected to these types of assaults. Captain Daniel stated that he felt that there was no cause for concern by the average citizen of the City; but noted there are problem areas. He explained that if Council uses the actual base population and backs out the part two crimes (petty thefts and malicious mischief) that are included in the report, the accurate number places the City at 90. 1 crimes per thousand rather than 151. 1 crimes and this ranks the City below six or seven other cities. He stressed that the Uniform Crime Report does not present an accurate picture of the City and the instructions clearly state that all data must be accurately analyzed which it was not. E. Presentation - King Videocable. (F: 170. 7) Tom Thomas, General Manager, presented to media spots which will begin on October 13th recognizing Lake Elsinore and King Videocable, featuring commentators Tom Snyder & John McLaughlin. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - September 28 , 1993 . (F:44 . 4) b. Special City Council Meeting - September 30, 1993 . (F:44 . 4) PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 12, 1993 The following Minutes were received and ordered filed: c. Planning Commission Meeting - September 1, 1993 . (F:60.3) d. Planning Commission Meeting - September 15, 1993 . (F: 60.3) 2 . Received and ordered filed the Building Activity Report for September, 1993. (F: 32 . 2) 3 . Received and ordered filed the Code Enforcement Activity Report for September, 1993 . (F: 54 .1) 4 . Ratified Warrant List for September 30, 1993 . (F12.3) 5. Approved Change Order No. 2 for the Country Club Heights Trunk Sewer By-Pass, Phase II Sewer Improvements, Community Facilities District 88-3 . (F: 22 . 3) 6 . Approved Public Hearing Date of October 26, 1993, for the following: a. Tentative Parcel Map 27821, Variance 93-2, Variance 93-4, Conditional Use Permit 93-4 and Commercial Project 93-4 - DePasquale Family Trust (Camelot Property Counselors, Inc. ) (F:110.2) (X: 58.2) APPEAL 21. Appeal of Planning Commission Condition of Approval No. 24 for R 89-17 Amendment No. 2 (Lewis_Homes of California) - the subject site is located_ at the southeast corner of the intersection of Robb Road and Mountain Street. Continued from September 28, 1993 . (F:21. 1) City Manager Molendyk recommended continuance of this item. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS MATTER TO THE NEXT CITY COUNCIL MEETING. Councilman Winkler requested that the Century Homes Fence be placed on the next City Council Agenda for consideration. BUSINESS ITEMS 31. Extension of Time No. 2 for Tentative Tract Mats No. 25831, The Clurman Company. Inc. located within the Rams ate Specific Plan. (F: 160. 2) City Manager Molendyk highlighted this request for a twelve month extension of time. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP 25831 WHICH SHALL EXPIRE ON AUGUST 14, 1994, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings 1. Substantial progress toward the development of this Tract Map has taken place. PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 12, 1993 2 . Conditions have been added by the engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3 . The project as proposed and conditioned is consistent with the Goals, Policies and Objectives of the General Plan. Planning Department Conditions 1. Extension of time for Tentative Tract Map No. 25831 will expire on August 14, 1993 unless an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and Title 16 of the Lake Elsinore Municipal Code. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. This Tentative Tract Map shall be subject to the approval of a Specific Plan Amendment adding this tract to the Ramsgate Specific Plan; and establishing the Specific Plan Zoning. 4. The applicant shall comply with the approved Ramsgate Specific Plan, as deemed by the Community Development Manager. 5. Administrative Design Review shall be required for all residential development prior to the issuance of a building permit. Design Review will be required of all non-residential development. 6. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Manager prior to recordation of Final Map. 7 . The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Ramsgate Specific Plan. 8. Street names for all streets within the Tentative Map shall be approved by the Community Development Manager. EncEineering Department Conditions 9. Prior to the issuance of any grading permit or building permit, the applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Planning Department for inclusion in the case file. PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 12, 1993 10. Fence location and walls indicated on a grading or landscape plan and consistent with the Ramsgate Specific Plan shall be approved by the Community Development Manager or designee prior to the release of a Certificate of Occupancy. 11. Grading and construction plans shall incorporate erosion control measures as required by the building official. 12 . Improvement plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 13. Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Ramsgate Specific Plan. 14 . All public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 15 . Pay all Capital Improvement and Plan Check fees (Lake Elsinore Municipal Code, Title 15, Chapter 15. 34 ; Resolution No. 85-26) . 16. Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 17. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by the Registered Engineer. 18 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12. 08 and Resolution 83-78) . 19. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 20. All lot drainage shall be conveyed to a public facility or accepted by the adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 21. Prior to the recordation of the Final Map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Engineer and the Chief Building official as amended by the Ramsgate Specific Plan. 22. All utilities except electrical over 12kv shall be placed underground, as approved by the serving utility. PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 12t 1993 23 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 24. The Developer shall pay for "No Parking" and street sweeping signs. 25. Public works improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department Standards and City Codes (L.E.M.C. 12 .04 and 16. 34) . As amended by the Specific Plan. 26. All local streets as determined by Community Development Manager shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. Restricted to local double loaded streets (cul-de- sacs and looped streets 1, 000 feet or less) shall have fifty (50) of right-of-way and thirty-six (36) curb-to-curb with a three (3) foot utility easement on each side of the street. 27. Desirable grade for local streets is nine percent (9%) . A maximum grade of fifteen percent (15%) should only be used in design constraint consideration. 28. Developer shall contribute to the City's Master Entry Way Sign Program at a rate of $100. per every forty dwellings. 29 . Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to approval of Final Map. 30. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 31. Provide Soils, Geology and Seismic reports including street design recommendations prior to recordation of Final Map. Provide final soils report showing compliance with preliminary and finish grade certification. 32. Developer shall provide an approved open space conservation easement for the tracts open space with a fuel modification zone for a fire break to be maintained by a homeowners' association. 33 . The developer shall be generally eligible for reimbursement agreement from surrounding developments for the cost of off-site improvements required for this project. 34 . The fifty (50) foot Southern California Edison (SCE) easement running through the tract shall be landscaped with the approval of the Community j PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 120 1993 Development Manager and SCE. SCE generally limits landscaping to that, which on the maturity, won't grow higher than fifteen (15) feet in height and no trees or shrubs within twenty (20) feet of the power pole or structure. 35. 01L" Street in Tract 25479 shall be evaluated and approved by the Community Development Manager to determine if it is appropriate for extension into this tract prior to the approval of the Final Tract Map. 36. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 37. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection. 38 . Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore School District have been paid. 39. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. 40. All building shall be constructed with the fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. 41. Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval. 42 . All lots will be served with mail delivery units subject to the approval of the Lake Elsinore Post Master, Community Development Manager, and Public Works Director. 43 . The applicant shall agree to be a participant in the preparation of a specific plan on the property north of this tract. This obligation would be for the purpose of modifying the edges of this tract as may be required to properly develop the neighboring properties. If the Specific Plan is not initiated prior to the Certificate of Occupancy on the final unit, this obligation will be waived. 44 . Trellis Lane shall be improved between this tract and Highway 74 with a minimum of 2 paved lanes or as required of Tentative Tract Map 25479 should its recordation occur first, subject to the approval of the City Engineer. 45. Dedicated underground water rights to the City (Municipal Code, Title 16, Chapter 16 . 52 .030) . 46. Hydrology and Hydraulic Study shall be submitted to the Engineering Department for review and approval PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 12, 1993 by City Engineer before final map approval. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 47 . Prior to the Final Map recordation, a public works construction agreement shall be entered into by the developer(s) , owners(s) and the City. 48. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 49. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood control protection. 50. Downstream acceptance letters will be necessary from the downstream property owners for outletting the proposed storm run-off on private property. 51. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with eh City's ARC Information/GIS or developer to pay $1, 000 per sheet for City digitizing. 52 . If this tract develops before the Ramsgate tracts, this applicant will be responsible for providing two (2) paved access roads to their tract as approved by the City Engineer. 53 . Applicant shall contribute five percent (5%) towards the cost of design and construction of the traffic signals per the circulation recommendations by the traffic study by Kunzman Associates. 54. A portion of the Tract 25831 lies within an area which is part of the Hydrology Study for the Ramsgate project. The applicant shall coordinate with said study and construct facilities required to safely collect and convey off-site tributary flows through the site by a method approved by the City Engineer. 55. Lot "A" as shown on approved Tentative Map shall be maintained by the HomeowNer's Association. 56 . Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 57. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction . 58. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to Final Map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. PAGE TEN - CITY COUNCIL XINUTES - OCTOBER 12F 1993 59. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board prior to issuance of grading permit. 60. Developer shall ensure that all promotional materials for this project shall identify the location as Lake Elsinore. 32. Establishment of Parkina and Lake Citation Enforcement Schedules and Penalties - Resolution No. 93-61. (F: 112 .1) (X:92. 1) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 93-61. Mayor Pro Tem Dominguez questioned the ability to revise the fees. City Manager Molendyk indicated that the fees would be at the Councilfs discretion. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. RESOLUTION NO. 93-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING PARKING AND LAKE CITATION ENFORCEMENT SCHEDULES AND PENALTIES. 33 . Second Reading - Ordinance No 963 - Kentucky Fried Chicken Zone Change 93-2 . (F: 172.2) MOVED BY CHERVENY, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 963 : ORDINANCE NO. 963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REZONING .57 ACRES LOCATED APPROXIMATELY 250 FEET NORTH OF THE INTERSECTION OF SUMMERHILL DRIVE AND RAILROAD CANYON DRIVE, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 93-2) KENTUCKY FRIED CHICKEN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE 34. Second Reading - Ordinance No. 965 - Consolidation of Future Municipal Election. (F: 72 . 1) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 965: ORDINANCE NO. 965 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 12, 1993 ESTABLISHING DATES FOR GENERAL MUNICIPAL ELECTIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE 35. Second Reading - Ordinance No. 966 - Western Desert Corporation Zone Change 92-6 . (F: 172 . 2) MOVED BY WASHBURN, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 966: ORDINANCE NO. 966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 346 ACRES TO 116 ACRES OF R-A RESIDENTIAL HILL SIDE AND 230 ACRES OF R-A RESIDENTIAL AGRICULTURAL, LOCATED NORTH AND EAST OF GRAND AVENUE, WEST OF THE INTERSECTION OF MACHADO STREET (ZONE CHANGE 92-6) , WESTERN DESERT CORPORATION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Larry Cohen, 151 S. Torn Ranch Road, commented on the local crime statistics and expressed concern that those statistics may negatively impact the tourism draw for the community, and encouraged efforts for positive public relations. He commented on the 1/2 cent sales tax proposition and noted the potential that a utility tax should be considered, in spite of the negative implications. Peter Dawson, 18010 Grand Avenue, commented on the enthusiasm of County residents that discussions are occurring and an agreement is near. Ace Vallejos, 15231 Cobre Street, indicated that he was concerned with the Council's response to the crime report. He stressed the crime statistics and the need for increased staffing levels by the Sheriff's Department. He expressed concern with the expense of Walmart and the Stadium versus the cost of needed law enforcement. Leon Strigotte, 216 Chaney Street, commented on local crime statistics, focusing on unreported crimes of which he was aware, one being a shooting at an inhabited dwelling and the other being an attempt to solicit a woman for prostitution. He expressed concern with the safety of the Community for its residents. He stressed his ongoing concern with the need for a reserve police officer program. PAGE TWELVE -,CITY COUNCIL MINUTES - OCTOBER .1r2, 1"3 Jim Woodward, 28543 Red Gum Street, representing Paul Castano, a lake front property owner, expressed concern with recent Code Enforcement actions requiring removal of picnic benches, bar-be- ques, etc. from lake shore properties. He noted Mr. Castano's attempt to place concrete to support water lines on his property and the finding of nuisance by the City. He cited court cases and Civil codes relating to rights to use of personal property. Hugh Von Platten noted his previous appearances before Council and questioned any action which might have occurred on Chaney Street during the recent meetings. Mayor Washburn indicated that engineering has been working on a report and will hold a workshop on October 14, and schedule the matter for the next City Council meeting on October 26, 1993 . (Note - after further discussion the workshop on this matter was scheduled for October 21, 1993, at 5: 00 p.m. Chris Hyland, 15191 Wavecrest, noted and read an editorial in the Monday, October 11, 1993 , Press Enterprise concerning the Walmart litigation and implied conflict of interest. City Attorney Harper indicated that while he did not read the editorial, he felt the judge's decision had been mis-stated. He stressed that the judge found that there had been no conflict at any time, on the part of Mayor Washburn or Councilman Winkler. Denise Thompkins, 218 Chaney Street, stressed concerns of the residents on Chaney Street for traffic safety, zoning, etc. She inquired when further action by the Council would occur. Abi Secrero, 20790 Fitch, Meadowbrook, expressed concern that the City had shifted the boundaries of the Little League, making her son ineligible to play in the league with his former team mates. Councilman Winkler indicated that the Little League division had been split, but all of the children will be able to play in one league or the other. Mayor Washburn clarified that the City has no jurisdiction over the Little League. Councilman Winkler indicated that he has had discussions encouraging the Little League to form City and Non-City Leagues; and they have begun a shift of this type. Mayor Washburn encouraged further discussions by Mrs. Secrero with the Little League board. City Manager Molendyk commented on the comments of Mr. Woodward and noted the Council action to place a Lakeshore Overlay District in 1986. He noted that the main request is that the area remain clean. City Attorney Harper suggested limited discussion on this matter due to the pending Nuisance Abatement actions. Community Development Manager Shear explained the Lakeshore Overlay District Ordinance and the regulations it details. City Attorney Harper clarified that this type of action does not fall under the Civil Code Statutes. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECESSED AT 8 : 00 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8 : 35 P.M. PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 12, 1993 CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:36 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:50 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY W HBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY UNCIL MEETING AT 8: 51 P.M. G Y M. ASHBURN, MAYOR CITY E ELSINORE AT"TES'i: d VICKI Fl-,S , CITY CLERK CITY OF LAKE ELSINORE i MINUTES JOINT STUDY SESSION CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, OCTOBER 14, 1993 CALL TO ORDER The Joint Study Session was called to order by Mayor Washburn at 4 : 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy City Clerk Bryning. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS : CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, WINKLER Also present were: City Manager Molendyk, Community Services Director Sapp, Community Services Manager Best, Public Services Manager O'Donnell, Manager of Special Projects Watenpaugh, City Planner Leslie, Community Development Manager Shear, Administrative Services Director Boone, and Deputy City Clerk Bryning. COUNCILMAN WINKLER ENTERED THE MEETING AT 4 :05 P.M. DISCUSSION ITEM 1 . International Outlet Center - Collier Road. City Manager Molendyk explained that his Office has been working with Mr. Chen of Western Development Company for the last several years and the project that is presented at this time is an International Outlet Center. He explained that it will consist of 18 acres in phase I, with approximately 200, 000 square feet in three story buildings . The first story would be retail, the second would be entertainment related and the third story would be residential to support the retail efforts below. He further explained, as an example, the residences would be used for a manager sent to the United States by Taiwan for a two year commitment to operate and manage the retail store from that area. It is the hope of the developer to start construction in 1994 and open Phase I by Christmas of 1994 . The problems that are currently being worked on are the Land Use Plan and some environmental issues . It is the goal of the Manager' s Office to maximize the Land Use for economic benefit at Nichols and I-15 and take advantage of the improvements on Collier Road. The development of Collier is currently on only one side. This project would utilize the other side of Collier for development. Mr. Molendyk explained that this project is not only a Master Plan for the International Outlet Center, but also a Master Plan for environmental mitigation of the wetland areas . He stated that this is an important intersection for the West End of the City. Page two Joint Study Session October 14, 1993 S Mayor Washburn asked Joanna Craft, representing Mr. Chen, what the dialogue between the Fish and Game, and Fish and Wildlife regarding the Master Plan for Baker Street and Riverside Drive had been. Joanna Craft, Director of Planning, Ballew and Associates, explained that she had been in contact with the different service agencies and they are happy to encourage the City to do their own Master Plan for the entire area as it relates to Wetlands Mitigation and for Channelization; and they emphasized the need for a good survey in the area and the exact boundaries of the wetlands to determine what can be mitigated and/or reclaimed. Mayor Washburn explained that this would be an opportune time to potentially reclaim some of the areas for Sports Fields or other recreation services . City Manager Molendyk explained that within this project there is planned a wetland park with trails and observation points which can be used by the community. Councilman Dominguez asked what the time line was for dealing with Fish and Game. Joanna Craft explained that once the formal proposal for review is submitted it would take approximately 18 months to acquire permits . Councilman Dominguez asked if this would work in the time frame set. City Manager Molendyk explained that Mr. Chen is phasing the project to allow for this process . Mr. Chen detailed the project and explained the different use of the proposed buildings that would be found on the site. He further explained that only 10% is natural wetlands and this will be preserved, as well as a 200 foot wide easement on the Channel; and his project will extend the design of the Channel . He stated that he needs the City' s support for this project. Mr. Chen explained that Phase I includes the property from the old Ecology Center, and the Army Corp of Engineers has issued a Non-Jurisdiction letter due to the fact that the entire area is not natural wetlands . Mr. Chen stated that he felt that he would enhance the beauty of the area. He noted an the alternate site that can be used if this area is not found acceptable. Mr. Chen explained that he is planning an International Outlet Center which will provide retail items from the Pacific Rim. He further explained that on the three story building in the center of the project the first floor will be the retail shops and food areas, the second floor will be designed as fun center and the third story will be possible residential . The entire project will include a hotel for short term visitors and temporary residences for the representatives of foreign traders . Mr. Chen stated that he felt that Lake Elsinore would be the center of the area of growth in this section of the State. City Manager Molendyk explained that in the 1990 ' s the trend is value and the Regional Malls, as we've known them, is changing. The object is to keep rents down to keep the spaces filled. The cost of space at a Regional Mall is $40 . and up and this project will provide a more cost effective space as well as this area will be more cost effective. Page three Joint Study Session October 14 , 1993 Mr. Chen pointed out the amount of public facilities available to the public in this project and stated that he feels this project blends into the natural area as well as providing necessary amenities to the visitors and public . City Manager Molendyk explained that from the standpoint of the Redevelopment Agency and the City Council involvement staff feels that the Agency should work with Mr. Chen and his partners at firming up the Land Use Plan and the environmental issues not only for his project but for the entire area of Nichols and I-15 . He also explained that staff and the developer have been working on the concept of the Enterprise Zone and the Free Trade Zone. The Enterprise Zone would have to have an application put together and would cost the City for what ever acreage the Council might like to include. The Free Trade Zone would give the international flavor to attract the businesses the City would want. Mr. Molendyk explained that the future of California is the import and export business with the Pacific Rim. He further explained that with the help of Mr. Chen and his partners the City of Lake Elsinore could take advantage of that through this project. He stated that the Capitol Costs to the City would be firming up the Land Use Plan, addressing the Environmental Master Plan and applying for an international Free Trade Zone and Enterprise Zone status . City Manager Molendyk addressed the second part of this project which is an International Trade and Wholesale Center for warehousing for the companies which would come into the area, a trade center which would be office buildings representing the different businesses, and a hotel to accommodate the people coming in and out. He explained that he has discussed with Mr. Chen and his partners the possibility of assisting on both of these projects to the extent that the City would consider other major developments, such as Community Facilities Districts or what the City might do to assist with any infrastructure. Any incentive programs that the City and Mr. Chen can work out together to encourage foreign business to make investments in this particular project. Mr. Chen explained the project and stated that this would be the offices and showrooms to represent the businesses . He gave a description of how the project would be set on the hillside and face the I-15 . Mr. Chen explained that he felt that this would add to the beauty of the area with a 6 acre shopping center close to the freeway. City Manager Molendyk explained that this project would look similar to the projects that are seen coming off the 60 to the 57 freeway in the Diamond Bar area. There are similar structures planned into the hillsides . Mr. Chen explained the type of look he is trying to achieve with the buildings and landscape. He further explained that the landscaping would also be used as a buffer for noise. City Manager Molendyk explained that Mr. Chen and his partners are serious about this project and will be moving to promote this project overseas . Page four Joint Study Session October 14 , 1993 Mayor Washburn commented that he liked the site of the International Outlet Center across from the existing Outlet Center. He stated that it would be very good for business and create a further draw for customers . Councilwoman Cherveny asked how close the rail service was . It was explained that the railway is in Corona and there are none in this area. Mayor Washburn explained that there is a long term study to up-grade the railroad in the area and the City is being considered. City Manager Molendyk explained that Mr. Chen has been working with Cal State Fullerton in regard to a training program on how to deal with the American public and what they are looking for in merchandizing. . 2 . Riverside Drive Project {Vicinity of Four Corners} . City Manager Molendyk explained that this is a project proposed for the four corners area and the projected schedule for building is 1994 . He further explained that the only thing that would affect this project is the Lake Management Project. Mr. Molendyk stated that this project allows for a rise and fall in the water level and is handled by a landscaped buffer area. He explained that this project consists of 750 units which are 250 residential single family units and 500 townhouse concept units with 18 acres of commercial and highrise. Mr. Molendyk explained that this would be the first major development that to be placed around the Lake. Joanna Craft, Ballew and Associates, explained that this is a project to incorporate a proposed Specific Plan and the Lake Edge Specific Plan and the main challenge is the modification of the lake edge. She explained that it is proposed to dredge out the lake and create islands and a varied shoreline to reclaim developable area similar to Mission Bay. Ms . Craft explained that the project would be a mixed use project incorporating residential, specialty, retail and marina. The marina proposed would be for boats to dock and use the restaurants and shops . She explained that the single family residences would surround the townhouses and the residences would face the water. She gave an overview of the retail and specialty use and the potential of a hotel on the Lake. Mayor Washburn asked if there was a boat launching facility. Ms . Craft indicated that there would be no boat launching facility; the docks would be for use to get to the restaurants and shops . She explained that there might be some permanent slips for the residents only. City Manager Molendyk explained that permanent slips would be decided upon when an overall study of the lake is done. There was general discussion in regard to launching and the fact that there is a possibility of other projects in close proximity. City Manager Molendyk further explained that there is a proposal for a homeowners association to maintain the shoreline. Page five Joint Study Session October 14, 1993 There was general discussion regarding traffic circulation and Ms . Craft explained that the ingress and egress were designed to maintain the traffic. City Manager Molendyk explained that Council has a decision to make for the future of the roadways surrounding the Lake and what type of roadway will best address the area, and will have to be a Community or Council Policy that will have to be considered when Mr. Chen' s project is presented for conditions . Ms . Craft stated that this project was designed to enhance the Lake edge and take advantage of the Lake and its theme. She stated that there is a proposed recreation section along the lake and that this project would tie into it. Mayor Washburn stated that he feels that this is a step in the right direction and it is the type of project that the City is looking for. Mr. Chen extended his appreciation to the Council for attending the Study Session. ADJOURNMENT MOVED BY DOMINGUEZ , SECONDED BY WASHBURN AND CARRIED BY A UNANIMOUS VOTE TO ADJOURN THE JOINT STUDY SESSION AT 5 : 10 P.M. i GARY SHBURN, MAYOR Respec fully Submitted, ) yn'ng, e City erk A TEST: � 1 VICKI KASAD, CITY CLERK i MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA Thursday, October 21, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 5: 10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Molendyk, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Sapp, City Clerk Kasad. BUSINESS ITEM I. Request for Letter of Support - Use of Proposed Temporary Runway - Skylark Airport. (F: 14. 1) City Manager Molendyk noted that Tony Brogdon was present to respond to questions from the Council. He explained that it would be necessary to act on this item prior to the Autumnfest event on October 23 and 24, 1993 . Tony Brogdon, representing the Airport, noted the flooding which occurred in February and March o this year and the subsequent Council approval for the use of a temporary runway to facilitate a business on site. He noted the previous concerns of the residents in the area and prior discussions regarding use of a portion of the parking lot to allow more area for take--offs. He detailed the current high water level and the positive result of the flooding which has created another area to locate the runway. He commented that the biggest consideration at this time is the noise factor. He noted that this runway is not related to the controversial one which was of concern to the nearby school. Mayor Washburn requested clarification of the request before Council. He also inquired whether there had been any further input from the Serenity Homeowners. Mr. Brogdon advised that a brochure had been distributed by the Glider Club detailing the proposed activities. City Manager Molendyk clarified that the responsibility for notification was left with Mr. Brogdon. He indicated that this consideration was only for the weekend events, and further contact with the residents would occur prior to any additional activities. Councilwoman Cherveny requested clarification whether this approval was for only one weekend. Mr. Brogdon indicated that he would contact the residents before any further activities are contemplated. He also indicated that he would be willing to come back for further approvals after this event. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 21, 1993 Councilwoman Cherveny stressed that this approval should be only for the weekend, because input should be received from the residents with proper notification of the meeting. City Manager Molendyk clarified that the City had made a commitment to the homeowners to notify them of any considerations concerning the airport. Mayor Pro Tem Dominguez requested clarification that this would only approve the Autumnfest activities. City Manager Molendyk confirmed and suggested that further consideration be included on the agenda for November 9th. Councilman Winkler suggested that this meeting be announced at the October 26th Council Meeting. Mr. Brogdon indicated that he would appreciate this announcement. Councilwoman Cherveny indicated that she would assume the liability would be assumed by Mr. Brogdon for this event and inquired whether the City held a Certificate of Insurance from him. Mr. Brogdon indicated that it was on file with the City. Mayor Washburn noted that the City is a co-sponsor of the event. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE USE OF THE RUNWAY REQUESTED FOR THE AUTUMNFEST WEEKEND EVENTS. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 5 : 25 P.M. GAR WASHBURN, MAYOR CIT LAKE ELSINORE AT EST: VI I KA"I ," CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 26, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy City Clerk Bryning. ROLL CALL PRESENT: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present .were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Manager Huffman, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and Deputy City Clerk Bryning. PRESENTATIONS/CEREMONIALS A. Presentation - Report on Outflow Channel Project. (F;92. 2) City Manager Molendyk gave an overview of the project and introduced Mr. James Lowe of Three "B's" Construction Company, 506 W. Graham, STE 102 . James Lowe, Three "B's" Construction, explained the progress on the Outflow Channel and the type of improvements that will be implemented. He explained that construction will begin at Riverside Drive and there will be some alternate channel cuts; and construction on the channel will stop from April 1, through September 1, to protect the nesting sites of endangered species. Mr. Lowe stated that construction of bridges will occur at Graham, Heald and Sumner Streets. Sumner Street will be closed to construct the bridge beginning on November 1; and as Minthorn Street will be closed on November 1, to allow for the construction of a box culvert. Chaney will be closing for a period of time for the safe movement of dirt and equipment and Riverside Drive will beclosed between Stickland and Collier for bridge replacement. Mr. Lowe explained that the work on the channel will start downstream and work up to allow for the nesting sites of the endangered species. He further explained that the clearing and grubbing of the channel will be completed in approximately one month which will open the channel for flows, if the water in the lake does rise. Mr. Lowe explained that they are working with the City Engineer's Office in regard to signage. PAGE TWO - CITY COUNCIL XINUTES - OCTO]BER 26, 1993 Mayor Washburn asked if the schedule of road closures had been published in the papers. Mr. Lowe stated that they had not. Mayor Washburn suggested that the schedule be published in the Sun Tribune, Press Enterprise and the Californian. Councilman Dominguez questioned the status of Limited. Mr. Lowe explained that the bridge will be addressed at Limited Street and in the event that Lakeshore Drive in that area is closed, Limited can be used as an alternate route. Also Limited may be used when Graham is closed for a detour. He further explained that there will be mitigation ponds that will be located between Baker Street and the existing channel. Councilman Winkler asked what would happen if it starts raining. Mr. Lowe explained that Wasson Canyon inflow splits and goes two ways and if the Lake raises then it reverses flow and goes all the way down the Outflow Channel. He further explained that the Channel will not be complete but the construction up to that point will help the flows. Councilman Winkler asked what agency Mr. Lowe's firm works for. Mr. Lowe explained that they work for the Army Corps. of Engineers. B. Presentation - Report on the Senior Citizens Center. (F: 144.3) City Manager Molendyk explained that in the past this project has been referred to as the $74, 000 Horse Shoe Pit Improvement and Mr. Sapp was present to give an overview of the project and just exactly what the money is going to spent on. Community Services Director Sapp explained that this project is part of the 18th year CDBG plans for the rehabilitation of the exterior of the Senior Citizens Center and outlined what type of activities will be available. He presented slides to show the planned construction and rehabilitation of the exterior of existing buildings. Mr. Sapp explained that the total cost of the project is $132 ,000. Council allocated $71, 000 and at this time the project can be phased or alternate funding sources can be found. He explained that they are working on the alternate funding sources and hope to raise the necessary funds to finish the project. Mayor Washburn stated that he was glad to see the project get started. Councilwoman Cherveny asked if the entire project would be going out bid at the same time. Community Services Director Sapp explained that it will be bid in phases for the entire project. C. Report on the Little League. Cathleen Cusimano, President of the Lake Elsinore Little League, explained that she was present to clarify some issues which concerned parents of the children in Little League. She clarified that the resolution the City Council passed, clarifies that the children will have priority, but the Children within the City Limits will be given top priority. She further clarified the meetings that were held between the City and the different organizations which use the ball fields within the City. PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 Councilman Winkler explained the reason for the Policy Resolution and stated that the City residents pay for the development and maintenance of the parks and the residents of the City should receive the priority use. He noted that Swick/Matich Field is operated under a Joint Powers Agreement with Ortega Trails. Also the resolution does give preference to the youth in the entire Valley. He stated that this was done to bring pressure on Ortega Trails to build parks for the County residents. The Resolution has had a positive effect and does protect the investment of the citizens of the City. Councilman Winkler explained that in the future he would like to see City leagues and County leagues to adjust the fees to keep the situation fair and equitable. Mrs. Cusimano asked the Council to bear in mind that quite a few of the parents of the children in Little League live in the County and work in the City and vice versa. She stated that she would, as the representative of Little League, like to keep a good relationship with the City to work together for the children. Mayor Washburn noted that he has received letters from Jean Hayman School and explained that the City of Lake Elsinore is expanding the Winterfest since the Downtown Business Association chose not to do the parade this year. He further explained that the DBA had only given the City four weeks notice and that was not enough time to present a parade. Mayor Washburn advised that there will be a Santa at the Stater Center, Town Center and at the Winterfest Celebration in the Downtown Area, on a rotating basis. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 and 3 . MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special City Council Meeting - October 8 , 1993. (F:44.4) b. Regular City Council Meeting - October 12, 1993. (F:44.4) C. Joint City Council/Redevelopment Agency Study Session - October 14 , 1993 . (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Minutes - October 6, 1993 . (F:60. 3) 4 . Rejected and referred to Claims Administrator the Claim against the City submitted by Arthur Fernandez, Jr. (CL #93- 18) . (F: 52 .2) 5. Approved Hearing Date of November 9, 1993 , for the following: a. Annexation No. 62, General Plan Amendment 93-2 and Zone Change 93-4 - The Western Desert Corporation. Located to the west of Grand Avenue and the termini of Amorose Street. (F:20. 2) (X: 83 . 2) (X: 172 . 2) PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 26, 1993 Resolution for the commencement of Proceedings for Annexation 68 , General Plan Amendment 93-3 and Zone Change 93-5 - City of Lake Elsinore. Located to the east and west of Grand Avenue between the City Limits to the north and Plumas Street to the south. ITEMS PULLED FROM THE CONSENT CALENDAR 2 . L.E.A.F. Animal Control Activity_ Report - Sep.tember, 1993 (F: 18 . 2) Councilwoman Cherveny commended L.E.A.F. for their efforts and thanked them for their assistance in removing a skunk from under her home. MOVE BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR THE MONTH OF SEPTEMBER, 1993 . 3 . Warrant List - October 15. 1993 . (F: 12 . 3) Councilwoman Cherveny pointed out the expenditure of $95, 000 to the Riverside County Habitat which is a pass through for Oak Grove Equities. City Manager Molendyk explained that the City collects the fees from the Developer and then passes them on to the County for the Kangaroo Rat Trust Fund in the County. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST FOR OCTOBER 15, 1993 . PUBLIC HEARINGS 21. Tentative Parcel Map No. 27821 and Commercial Project No. 93- 4 located at the northeast corner of the intersection of Mission Trail and -Malaga Road. (F: 110. 2) (X:58 . 2) City Manager Molendyk explained that rather than call it a Tentative Map, he would refer to the project as an eight-plex movie theater. The proposed project consists of 17. 37 acres with five (5) commercial parcels and design review for the construction of a 26, 000 square foot theater and associated infrastructure mprovements. The theater is proposed to have eight screens with approximately 1, 600 seats. Mayor Washburn opened the public hearing at 7 : 50 p.m. asking those in favor of the project to speak. The following person spoke: Leonard O'Byrne, 38401 Oak Tree Loop, Murietta, President of Camelot Property Counselors Inc. , spoke in favor of the project and stated that his company agreed with the findings and conditions. He commended staff for their cooperation and assistance in regard to the project. Mayor Washburn asked those persons in opposition to speak. Hearing no one, the public hearing was closed at 7:53 p.m. City Planner Leslie explained an exhibit displaying elevations. PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE ADOPTION OF NEGATIVE DECLARATION NO. 93-8 , APPROVE COMMERCIAL PROJECT NO. 93-4, AND APPROVE TENTATIVE PARCEL MAP NO. 27821, BASED ON THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL: FINDINGS TENTATIVE PARCEL MAP NO 27821 1. Conditions of Approval have been prepared to address identified conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City goals and policies. 2 . This project, as approved, complies with the Goals and Objectives of the General Plan. 3 . The site, subject to the attached conditions, is suitable for this type of development. DESIGN REVIEW C 93-4 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 93-8 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, and the Zoning District in which it is located. 3 . Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated in the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17 . 82 . CONDITIONAL USE PERMIT NO. 93-4 1. That this proposed use, on its own merit and within the context of its setting, is in accordance with the Goals, Objectives, and Policies of the Lake Elsinore General Plan. 2 . That the requested use, as proposed will not be detrimental to the general health, safety, morals, and welfare of the persons residing in the neighboring area or the City. 3 . That the site is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by the Zoning Ordinance. 4. That there should not be a conflict with the shared parking allowed by this permit between the theater and the adjoining uses. VARIANCE NO. 93-2 1. Adequate conditions and safeguards pursuant to Section 17 . 76.050 have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. I i PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 26, 1993 I i 2 . Special circumstance, pursuant to the purpose of Chapter 17 . 76, applicable to the subject property which do apply generally to other properties in the neighborhood, and, therefore granting of this variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. 3 . Approving the variance from the strict interpretation of the Zoning Ordinance represents a minor deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. VARIANCE NO. 93-4 1. Adequate conditions and safeguards pursuant to Section 17.76. 050 have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2 . Special circumstance, pursuant to the purpose of Chapter 17.76, applicable to the subject property which do apply generally to other properties in the neighborhood, and, therefore granting of this variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. 3. Approving the variance from the strict interpretation of the Zoning Ordinance represents a minor deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. CONDITIONS: Planning Department 1. Design Review approval for Commercial Project No. 93-4 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3 . All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4 . Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County Health Department requirements. 8 . Meet all Riverside County Fire Department requirements. 9. No outdoor storage shall be allowed. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 11. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 12 . Applicant shall use roofing materials with Class "A" fire rating. 13 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets (Malaga, Casino Drive or Mission Trail) . Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 14 . All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. 15 . Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Manager or designee, prior to the issuance of building permit. 16. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (2411) box tree for every ten (10) spaces with appropriate planter box, subject to the approval of the City's Landscape Architect and Community Development Manager or designee. 17. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (2411) box. On areas where screening, is necessary trees shall be at least thirty six-inch (3611) box size. c) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 26, 1993 may be refunded after acceptance and 100% will be hed e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of instal- lation of landscape requirements approval/acceptance; 20% for one year for material and labor. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 18 . All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 19 . All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property (except for the area behind the theater which will necessitate substantial lighting for security) and streets or allow illumination above the horizontal plane of the fixture. The applicant shall provide adequate parking lot lighting to the satisfaction of the Community Development Manager on the area behind the theater (Casino parking) for security purposes. The stairway areas between the theater site and the Casino parking shall provide adequate lighting to the satisfaction of the City. 20. All undeveloped lots/pads within the center shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the developer as necessary to meet the approval of the Community Development Manager until such time as these lots/pads are built-out. If building permits are not issued within 90 days, all areas or pads graded, during the grading operation, shall be landscaped and irrigated. 21. The applicant shall amend the approved Uniform Sign Program for the Camelot Center to reflect the added design changes. The Revised Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including freestanding 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. PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 22 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23 . Applicant shall annex into the City's Landscape and Lighting District. 24 . All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. 25. This project shall be subject to the Mitigation Monitoring Program contained in the Mitigated Negative Declaration 93-8. 26. Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992 . 27 . Trailers utilized during construction shall be approved by the Planning Division. 28. On-site surface drainage shall not cross sidewalks. 29 . Parking stalls shall be double-striped with four-inches (411) lines two-feet (21 ) apart. 30. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 31. Decorative pavement shall be provided at entry and crosswalks, to the satisfaction of the Community Development Manager or designee. 32 . Any proposed metal mailbox shall be treated to blend with the center's design theme. Mailbox plans shall be submitted for approval prior to issuance of building permits, and shall be subject to the approval of the postal service and the Community Development Manager or designee, prior to the issuance of building permit. 33 . Prior to issuance of building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 34 . The applicant shall submit a graffiti removal program for the Camelot Center. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Manager or designee. 35 . The applicant shall cause to be recorded (in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division) an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement and agreement in favor of all lots within the Camelot Center, subject to the approval of the Community Development Manager. In addition, CC&R's shall be approved by the City Attorney and the Community Development Manager which enforces standards of building maintenance and participation in landscape maintenance. 36. A pedestrian access agreement shall be provided and recorded in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division from the Casino site to the project site (Theater) . PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 37 . The applicant shall provide evidence of agreements for off- site and shared parking facilities between the owner of the Camelot Center and the Casino site. This legal instrument shall be recorded in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division. 38 . The applicant shall provide signage indicating or directing overflow traffic to the proposed Casino off-site parking. Number of signs and location shall be approved by the Community Development Manager or designee. Engineering Department 39 . Commercial Project No. 93-4 shall be subject to all applicable conditions of approval for Tentative Parcel 27821 prior to issuance of building permits. 40. The front central facade of the theater building above the ticket windows shall include reveals similar to those proposed on the side panels of the structure that divide the panel into quadrants. This modification is intended to add further interest to this large vertical building plain. Other alternatives will be acceptable if they serve the same intent, subject to the approval of the Community Development Manager or designee. 41. Security Plan shall be submitted to the Planning Department and subject to the approval of the Community Development Manager or designee. CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 27821 Planning Division 1. Tentative Parcel Map No. 27821 will expire two (2) years from date of City Council approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. The City's Noise Ordinance must be met during all site preparation activity. 5 . Pay all applicable fees in force at time of issuance of building permits. 6. Prior to final approval of Parcel Map 27821 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other applicable conditions shall be complied with. 7 . Final Map shall reflect plotting as approved on plans date stamped October 6, 1993 . 8. Building permits shall not be issued until proof that all school mitigation fees have been paid is presented to City Building Division. PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 9. The developer shall meet all requirements of Southern California Edison. Plans for a street lighting system shall be submitted to them for review and approval. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 10. Meet all requirements of Southern California Gas Company. 11. Meet all requirements of General Telephone. 12 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 13 . All trailers used during construction shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailboxes plans shall also be subject review and approval of the Planning Division. 14. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 15. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department, Planning Division. 16. The applicant shall cause to be recorded an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement and agreement in favor of all lots, subject to the approval of the Community Development Manager. In addition, CC&R's shall be approved by the City Attorney and the Community Development Manager which enforces standards of building maintenance and participation in landscape maintenance. The CC&R's shall be recorded prior to finalization of the map. 17. All development associated with this map requires separate Design Review approval in accordance with Section 17.82 of the Municipal Code prior to building permit approval, and shall be subject to review to determine the required level of environmental documentation subject to the provisions of the California Environmental Quality Act (CEQA) Guidelines. 18. A geotechnical/seismic report with findings and associated recommendations to mitigate potential hazards will be required to be submitted to the Engineering and Planning Departments prior to recordation of the final map. Engineering Department 19 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 20 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 .030) . Document can be obtained from the Engineering Department. PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 21. Pay all Capital Improvement and. Plan Check fees (Municipal Code, Title 16, Chapter 16.34, Resolution 85-26) . 22 . Submit a "Will-Serve10 letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 23. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval. 24. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes, (Lake Elsinore Municipal Code 12 .04 and 16.34) . 25. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 26. Enter into a subdivision agreement with the City for off-site improvements and post appropriate bonds. Bonds or letter of credit to be approved by the City Attorney. 27. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off- site public works improvements (Municipal Code, Title 12, Chapter 12 . 08, Resolution 83-78) . 28 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 29. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 30. Comply with all conditions of the Riverside County Fire Department. This shall include providing any required fire protection facilities. 31. All improvement plans and tract maps shall be digitized. At certificate of occupancy applicant shall submit tapes and or discs which are compatible with City's ARC Info/Gis or developer to pay $1,000 per sheet for city digitizing. 32 . Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 33 . Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 34. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all master planned drainage facilities constructed. 35. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 36. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge Elimination System (NPDES) and submit the storm water pollutant prevention plan prior to grading permit. 37. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 38 . All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 39 . Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 40. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. Provide sufficient right-of-way for improvements on Casino Drive for an 80 foot right-of-way. Improvements to be built at development of Parcel 5 . 42 . As part of the construction of off-site public improvements related to Malaga Road, and the Mission Trail and Malaga Road intersections, the applicant shall acquire the property on the easterly corner of Mission Trail and Malaga (APN 365-051-001) and dedicate this property to the City. 43. Developer shall design and install a traffic signal at the intersection of Mission Trail and Malaga. It shall be operational no later than two (2) months after the theater opens. 44 . A pedestrian access shall be provided from the Casino Hotel to the project site. 45. Driveway on Mission Trail Parcel #1 shall be limited to right turn in and turn out only. 46. Dedicate 10 feet along Malaga Road for additional right-of- way. 47. Dedicate 20 feet along Mission Trail frontage for additional right-of-way. 22 . Appeal of Planning Commission Condition of Approval No. 24 for R 89-17 Amendment No. 2 (Lewis Homes of California) - the sub'ect site is located at the southeast corner of the intersection of Robb Road and Mountain Street. (Continued from September 28 , 1993) . (F: 21. 1) City Manager Molendyk explained that this is an appeal by Lewis Homes regarding the new Ordinance Council had staff draw up regarding fencing in residential tracts. He stated that Community Development Manager Shear had a video of the existing fences and some of the other fencing in the area. City Planner Leslie an overview of a video which presented the variation in grades of the various pads and views of the Centex Development with block walls on the perimeters and wood fences on the returns and a combination of block and wrought iron up the slope. He further show a development on Machado with all block walls, except for gates on the sides and a PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 development with all wood fencing. The video presented examples of the different types of fencing used in the past. City Manager Molendyk explained the direction that the Council had given in the past was that there should be no more wood fencing, especially in the areas where there is terracing and fencing is visible. He stated that the developers felt that it was too costly to go completely with block walls. Mr. Molendyk stated that staff needs direction and whatever Council decides will have an impact on other future developments in the community. Mimi Rayl, representing Lewis Homes of California, presented an exhibit which shows that a block wall will be built on the perimeter of the project on top of the slope along Robb Road, to the south of the project and across the top of the slope. She explained that Lewis Homes would like to put a combination of a block and wrought iron wall along the back slopes as a temporary combination wall for the models to be replaced at time of sale for privacy reasons. Ms. Rayl explained that her development would like to use wood fencing on the side yard lot lines and the rear yard lot lines. She presented pictures of examples of fencing which were used in other developments. City Planner Leslie explained that if the City Council determines that in the case of the subject tract, use of wood fencing as proposed would be acceptable as an alternative material to solid block in some areas. He recommended the following limitations mentioned in Ms. Raylls presentation as follows: 1. At the model complex instead of using solid block wall, she suggested using partial block wall with wrought iron fencing. 2 . On the six lots along Spruce street using solid block wall on the top of slope would obstruct view of the side yard, which it was requested to allow wood fences. 3 . Treated wood fencing and not painted. 4. Wood fencing on the phase line since that area would only be open to construction. Planning Recommendation: Wood fencing will be allowed only on certain interior side property lines on the subject tract with the exception of side property lines that are also phase lines in which case a solid block wall shall be used unless the adjacent phase is built concurrently. Wood fencing on side property lines on Lots 7 through 12 of Tract 19750-3 can only be used when the property line is on level with the pad, solid block wall must be used on those portions of the side property line along the rear slope of these lots. Wood fencing will also be allowed on the rear property lines of only lots 4 and 5 of Tract 19750-3 . The wood fencing as allowed shall be constructed pursuant to the detail contained on the approved Wall and Fencing Plans and shall be painted to blend with either the surrounding block walls or the coloring of the homes. Six-foot (6° ) high solid block PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 walls shall be constructed on all other side and rear yard property lines. Fencing proposed in future phases of this project will be subject to separate review and approval by the Community Development Manager or their designee pursuant to the guidelines as set forth above. Mayor Washburn then called on those persons who requested to speak as follows: Mike Aller, Centex Homes, 4351 Latham Street, Riverside, stated that his project has already received their conditions and he has a masonry budget of $1. 2 million for the streets, the channels, the perimeter and corner lots not including the wrought iron, just masonry. He stated that when he had heard that the City had passed an ordinance requiring all masonry wall, it was a shock to his wallet and he was approaching Council for direction. He explained the major cost of material and construction per lot and what it means as a impact on the cost of the total sale of the house, as well as the time it would take to change the grading of existing lots to accommodate the block wall footings. Total block walls will also present a problem to the future homeowner who wishes to install a pool or spa and has no ability to temporarily remove the fencing for construction. Mr. Aller asked that Council give consideration on a case by case basis. Councilman Winkler stated that the only change in the Ordinance was that instead of the Planning Commission making the waiver, it is now the responsibility of the Council to make that decision, and will be done on a case by case basis until Council can give a clearer guideline. He stated that he would like to visit the site to make a review of what he felt would address the site best. Councilman Winkler asked staff to find out approximately what it cost for all block wall at the Nelson Project. He stated that the interior fences which are highly visible are what he is most concerned about. Mayor Washburn stated that he would not like to see anything weaken the existing ordinance or the intent of the quality that has been seen with Centex Homes. He suggested a policy to guide staff. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL NO. 24 FOR RESIDENTIAL PROJECT 89-17 AMENDMENT NO. 2 (LEWIS HOMES) , TO THE NEXT REGULAR CITY COUNCIL MEETING ON NOVEMBER 9, 1993 , TO ALLOW TIME TOMEET WITH STAFF AND THE APPLICANT. BUSINESS ITEMS 31. Commercial Project No. 93-2A, "EXPO" Building, located within the Elsinore City Shopping Center. (F:58.2) City Manager Molendyk explained that this is the second major tenant at the Oak Grove Equities (Wal-Mart) site. This project is "EXPO" which is a new supermarket that Von's is building which consists of 62 ,000 square feet, consisting of a standard market, plus a pharmacy, dry cleaners, video store, deli, and meat market in one facility, which is the state of art. City Planner Leslie presented exhibits and explained the location and elevations. He stated that staff has worked with the applicant and the architect to make revisions to the project. PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 26# 1993 Mayor Washburn asked about the Planning Commission's concern regarding shopping carts on-site or off-site. He asked if the shopping carts can be stored inside the store and if there is a need to have the carts stored outside, whether there is some provision made for screening. City Planner Leslie stated that the shopping carts would be screened from the parking lot and frontal view, but as the approach from the side is made they are visible. Mayor Washburn stated that the additional handicapprovisions the p Planning Commission conditioned are good and he would agree. Councilwoman Cherveny asked what the target date for opening would be. Sharon Douglas, representing EXPO, explained what steps would be taken and for a target date sometime in 1995. Mayor Washburn asked what would be done with the old store. Sharon Douglas explained that the old Von's store is leased and they would attempt to sub-lease the site. Councilman Dominguez wanted to know if the store would have ATM machines and if they would be inside the store. Ms. Douglas stated that she was not sure if there were plans for a banking facility. Councilman Dominguez stated that if there were ATM machines, he would like to see them located indoors. Councilman Dominguez asked if the EXPO would be a 1124 hour" store. Ms. Douglas stated that it had not been decided what hours would be kept for the store at this time. Mayor Washburn asked if there would be restroom facilities available for the public. Ms. Douglas stated that there would be. Mayor Washburn then asked if the bathroom facilities would have changing tables since the Lake Elsinore has a large population of young families. Ms. Douglas advised that she did not know but that she doubted that they would. Mayor Washburn asked that they consider the changing tables. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE COMMERCIAL PROJECT NO. 93-2a, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: FINDINGS 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the certified Environmental Impact Report No. 92-3 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, the Elsinore City Center Specific Plan, and the Zoning District in which it is located. 3 . This project complies with the design directives contained in the Elsinore City Center Specific Plan. 4 . Conditions and safeguards pursuant to Chapter 17.82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 and the Elsinore City Center Specific Plan. PAGE SEVENTEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT NO. 93-2A PLANNING DIVISION 1. Design Review approval for Commercial Project No. 93-2A will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3 . All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County Health Department requirements. 8 . Meet all Riverside County Fire Department requirements. 9 . Project must meet all requirements of Cal-Trans. 10. No outdoor storage of any items shall be permitted with the exception of shopping carts within approved designated areas. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 12 . All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 13 . Applicant shall use roofing materials with Class "A" fire rating. 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 15. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 16. Bicycle racks shall be provided adjacent to major commercial uses. Placement, design.,. and quantity shall'',be indicated on the final landscaping plan, and subject to the approval of the Community Development Manager or designee, prior to the issuance of building permit. 17. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (2411) tree for every ten (10) spaces with planter box to be staggered every row, and subject to the approval of the City's Landscape Architect and Community Development Manager or designee. 18. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) (Per the Elsinore City Center Specific Plan) apart and at least twenty-four-inch (2411) box. On areas where screening, is necessary trees shall be at least thirty six-inch (3611) box size. c) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of instal- lation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j ) Final landscape plan must be consistent with approved site plan. PAGE NINETEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 k) Final landscape plans to include planting and irrigation details. 19 . All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 20. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 21. All proposed signage shall require City permits and be in conformance with Elsinore City Center Specific Plan, the associated Elsinore City Center Sign Program, and Section 17 .94 of the Municipal Code. 22 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23 . All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. This project shall be designed so that every unit (with the exception of shop #3 which is to have two (2) loading areas) is provided with a loading space as required by the City Municipal Code and the Elsinore City Center Specific Plan. 24. Trailers utilized during construction shall be approved by the Planning Division. 25. On-site surface drainage shall not cross sidewalks. 26. Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart. 27 . Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 28 . Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 29. This project shall be subject to the Mitigation Monitoring Program contained in the Certified Environmental Impact Report No. 92-3 . 30 . Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992 . 31. All vending machines, shopping cart storage areas, tables, kid's rides, newspaper racks, telephones, and similar devices shall be conceal from view with a structure consistent with the building design. These shall be approved by the Community Development Manager or designee prior to installation. 32 . The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Manager or designee. PAGE TWENTY - CITY COUNCIL MINUTES OCTOBER 26, 1993 33 . The applicant shall install decorative pavement at all entrances into the project, at all major drive aisle intersections, and directly in front of the main entry in to the structure. This detail shall be included on the revised site plan and is subject to the approval of the Community Development Director or his designee. 34 . If approval is granted by the City Council for a secondary shopping cart storage area it shall be located on the south side of the structure and shall be enhanced with the same treatments as has been required for the main storage area along the front of the building. 35. The walkway in front of the cart storage area at the front of the building shall be a minimum seven feet (71 ) wide and the planter shall be a minimum five feet (51 ) wide and bermed against the cart storage screen wall. 36. DELETED. ENGINEERING DEPARTMENT 37. Meet all Conditions of Approval for Tentative Parcel Map No. 27659 . 38. Medians in driveways shall be moved back out of the right-of- way to provide proper truck turning into the site. 39. Four (4) additional handicap parking spaces are to be provided on the right side of the building (Expo) . 32. Extension of Time for Tentative Tract Map No. 22904 Revision #6 - Canyon Bay Development. (F: 160. 2) City Manager Molendyk explained that a bill was recently passed which automatically gives all outstanding tentative tract and parcel maps in the State of California a two (2) year extension. This item was continued for Council reconsideration at the meeting on July 13, 1993, and was brought back for Council's information. Mayor Washburn explained that the new bill was signed into law on September 13 , 1993, and this action was taken due to the existing economic conditions being experienced. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACKNOWLEDGE THE STATE IS MANDATED AUTOMATIC EXTENSION OF TIME FOR TENTATIVE MAPS WHICH APPLIES TO TENTATIVE TRACT MAP NO. 22904 . 33 . State Route 74 - Memorandum of Understanding. (F: 82 . 3) City Manager Molendyk explained that the City has been working with Project Dimensions, and Cal-Trans for the realignment and expansion of Highway 74. The Memorandum of Understanding is a State requirement which acknowledges our cooperation to follow the procedures and standards. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A 3 - 0 VOTE WITH WINKLER ABSTAINING TO APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE MAYOR TO AFFIX HIS SIGNATURE. PAGE TWENTY-ONE - CITY COUNCIL MIVUTE3 - OCTOBER 26s 1993 34 . Lakeshore Drive and Chaney Street Intersection Improvements. (F:156.2) City Manager Molendyk explained that this area has become a traffic and safety concern. He stated that there are no left hand turn lanes and there is a problem with excessive speed. Mr. Molendyk pointed out that there will be closures due to the channel construction and staff recommends the design and widening of Lakeshore Drive and Chaney Street, a left turn lane and a three way stop. He explained that this would assist in the construction of the outflow channel and be of benefit to the existing homeowners. This project would also include the installation of asphalt sidewalks for the safety of the children. Mr. Molendyk asked that the funds be appropriated from the traffic signal at Lincoln Street and Machado Street since this project will be funded by the state in June and the monies be reappropriated the Lakeshore Drive and Chaney Street intersection. Public Services Director gave an overview of the project and explained the exhibits which present the location of the project and showing the widening of Lakeshore Drive from Adams Way to Townsend in order to mitigate the traffic and delays which were experienced last year due to the floods. He further explained that the funds requested that the money requested would cover the design of widening of Chaney and install the asphalt sidewalks. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE DELETION OF THE LINCOLN STREET AND MACHADO STREET TRAFFIC SIGNAL FROM THE 1993/94 CIP BUDGET AND AUTHORIZE THE EXPENDITURE OF $100, 000 ON IMPROVEMENT TO THE LAKESHORE DRIVE AND CHANEY STREET INTERSECTION. 35. Award of Contract - Downtown West Street and Storm Drain Improvements - Phase I. (F: 156.2) City Manager Molendyk explained that for the last several years Council has appropriated funds for the design and construction of street and drainage improvements in the downtown area. The following streets were designed under this project as follows: 1. Scrivener St. - Sumner Ave. to Flint St. 2 . Lewis St. - Sumner Ave. to Pottery St. 3 . Silver St. - Sumner Ave. to Pottery St. 4. Campus Way - Heald Ave. to Pottery St. 5. Mohr St. - Heald Ave. to Pottery St. City Manager Molendyk explained that the Engineer's estimate was $494,822 . the low bid was from J.E.G. Construction co. , Inc. , in the amount of $377, 010. 17 . He recommended approval of acceptance and award of low bid. Councilwoman Cherveny stated that since this project is to pave existing dirt streets, she was sure that the persons - living on those streets would not mind the inconvenience, but rather be grateful, since they have been waiting for a very long time for paving. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ACCEPT THE BID OF $377, 010. 17 AND AWARD' A CONTRACT TO J.E.G. CONSTRUCTION COMPANY, INC. , FOR THE CONSTRUCTION OF THE STORM DRAIN AND ALL EIGHT BLOCKS OF STREET IMPROVEMENTS; AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO TRANSFER $25, 000. FROM THE DRAINAGE FEE FUND AND $50, 000. FROM THE 1993/94 CIP BUDGET FOR THE TRAFFIC SIGNAL AT LINCOLN STREET AND MACHADO STREET TO THIS PROJECT. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - OCTOBER 26#`:1993 City Manager Molendyk asked what the estimated time to start was and when it is the expected the project will be finished. Public Services Director Tecca explained that construction time will be approximately 60 days, and he does not have an exact time table on the project but will provide a memo to the City Manager. Councilwoman Cherveny asked when Kansas Street would be paved. Public Services Director Tecca explained that Kansas and Illinois Streets are two streets that have a high level of interest in the community. He further explained that as the budget permits each street will be attended to. Kansas and Illinois Streets are high on the list of upcoming streets to be improved. Councilman Dominguez stated that if there was not such a need for flood control projects this budget, those streets would have been done this year. However, they are high on the priority list and will be done as soon as the budget will allow. THE FOREGOING MOTION WAS CARRIED BY UNANIMOUS VOTE BY THOSE PRESENT. 36. Appropriation of Funds for Change Order Number I to San Jacinto River Channel Project. (Fo156.2) City Manager Molendyk explained that a contract was previous lyawarded for the San Jacinto Channel and this is Change Order No. 1, in the amount of $29 ,500. which is for the cost of a headwall structure as part of the storm drain system. He stated that he had placed two questions to Public Services Director Tecca being; 1) Why wasn°t this done earlier? and 2) What is a headwall structure? Mayor Washburn asked why this was not thought of earlier. Public Services Director Tecca explained that an agreement was made with Ayres Development that they would construct a storm drain, taking the water from the tract to the storm drain, and the City would pay for the oversizing of the storm drain that goes in Lakeshore Drive. He further explained that an out-let structure could not be built, because there was not a definitive location for the channel, so it was removed from the contract with Ayres and postponed until this point in time. Mr. Tecca explained that it is cheaper to use this method, than to have Ayres remobilize and bring their contractor back to complete the head wall structure. He stated that a good price was negotiated with American Contracting, Inc. Mr. Tecca explained that a headwall structure is a concrete box where the water flows out of the pipe, down into the box and then into the channel. It has a large metal flapper gate which allows the water to flow out and prevent erosion. Councilwoman Cherveny asked if Ayres was conditioned to do the headwall would the City be reimbursed. Public Services Director Tecca explained that they were not conditioned for this. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROPRIATE $29, 500. FROM THE DRAINAGE FUND TO THE LAKE ELSINORE REDEVELOPMENT AGENCY, TO COVER AN INCREASE IN THE CONTRACT AMOUNT WITH AMERICAN CONTRACTING, IN ORDER TO CONSTRUCT THE HEADWALL STRUCTURE OF THE AYRES STORM DRAIN. PAGE TWENTY-THREE- CITY COUNCIL MINUTES - OCTOBER 26, 1993 37 . Notice of Completion for the Rice Canyon Water Reservoir Storage Tank, CFD 88-3. (F:22.3) City Manager Molendyk explained that this is the final acceptance by the City and recommended approval. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE AND ACCEPT THE PROJECT AS COMPLETE; REQUEST MAYOR TO SIGN NOTICE OF COMPLETION; AND AUTHORIZE THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION 38. Chaney Street Improvements - Interim Widening and Ultimate Realignment and Widening. (F: 156.2) City Manager Molendyk explained that most of the concerns regarding Chaney Street were covered at a Work Session with the property owners from Chaney Street. Their remaining interest is in the short term and long term plans for Chaney Street. He explained that there are two alternatives, (1) widen the existing alignment, by cutting through the top of the hill, and (2) construct a new alignment north of the existing alignment approximately along Frederick Avenue. Councilman Dominguez stated that it was discussed that it was more favorable to use alternative No. 2 . He asked Community Services Director Tecca to explain. Community Services Director Tecca explained that at the Work Shop both alternatives were discussed. Alternative No. 1 would mean the relocation of 13 families and 13 homes, whereas alternative No. 2 would mean the relocation of only 6 families and homes. He further explained that the cost is approximately the same. The advantages to using alternative No. 2, is that it makes the curve on Chaney more manageable and the access to all existing streets from existing properties is retained which means that there would be no necessity to build more local streets to accommodate the residents. Mr. Tecca stated that Staff would recommend the adoption of alternative No. 2 . Mayor Washburn explained that there is no funding source at this time to expedite this project. City Manager Molendyk explained that there is an alternative, which is the exchange of property. He further explained that the City has surplus property which some of the property owners may be interested in as an exchange. Mayor Washburn explained that this would give the property owners an opportunity to review the City owned properties and make decisions. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT ALTERNATIVE NO. 2, CONSTRUCT A NEW ALIGNMENT NORTH OF THE EXISTING ALIGNMENT, APPROXIMATELY ALONG FREDERICK AVENUE, WITH STAFF TO WORK OUT THE SOLUTIONS FOR THE PROJECT. PAGE TWENTY-FOUR - - CITY COUNCIL MINUTES OCTOBER 26, 1993 39 . Status Report on Century Homes Fencind_(F:80. 1) City Manager Molendyk explained that is has come to the attention of staff that there are concerns on the Councilfs part on the amount of wood fencing which is being used by Century Homes. This project is located on Summerhill Drive just below Tuscany Hills. Mr. Molendyk stated that the Condition of Approval No. 28 reads as follows: A six foot (61 ) high masonry wall or decorative block wail shall be constructed along the side and rear property lines and shall conform to Section 17.14. 080 (Fences and Walls) and Section 17 . 14 . 130. Side and rear fencing, where not visible from the right-of-way, may be wood, subject to the approval of the Community Development Director or designee, prior to issuance of building permit. City Manager Molendyk explained that since phase 1 of the project received approvals to use wood fencing in lieu of block walls, Century Homes requested and received approval on February 2, 1993 for wood fencing to be allowed in their phase 2. He stated that the reason this item was placed on the agenda is because there is concern that this development does not meet Condition of Approval No. 28. Mayor Washburn then asked the persons who submitted requests to speak. The following person spoke: Arthur Levine, Century Homes representative, 1535 South I'D" Street, San Bernardino, concurred with what Mr. Aller of Centex Homes had said earlier and stated that there are two major aspects, which are the first two phases which have been approved: and explained that the fencing and placement of the fencing was duly submitted to the staff, as required, for approval and were approved. He gave an overview of the elevation and placement of the fences. He stressed in the two existing phases they were approved. He explained the loan process and the amounts borrowed to complete the phases; which includes the monies for fencing and was based upon the approvals of the City. To increase the masonry required that does not appear on the approved plans would increase the cost of the current development and there are no provisions made to allow for this increase. This would make the project impossible to complete. He advised that Century Homes wishes to cooperate with the City and since the future phases have not been financed, if there were more masonry required, then that could be included within the loan process for the financing of the future phases. He asked that Council consider the position of Century Homes in this matter. Councilman Winkler stated that he is not satisfied with this project and that he has stated his concerns in the past during the Council Comment section and with staff. He commented that you can see the wood fencing from Railroad Canyon Road and those fences will be visible for a long time, and it doesn't make sense to have block walls on the exterior of the project with the wood fencing visible. City Manager Molendyk stated that there is a video of the project which would clarify the concerns. Community Development Manager Shear explained the video and pointed out the newest fence that was being placed which is on the top of a 30 foot slope. i PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 Councilman Winkler explained that Railroad Canyon Road is a major entrance to the City and looking at this project there will be a lot of wooden fences that are on terraces and will be visible from Railroad Canyon Road and over the years it will look worse and worse. He further explained that one of the reasons for the ordinance which took the ability to waive the requirements from the Planning Commission and gave the responsibility to the Council, was because of this project. He stated that he thought it was a mistake of the Planning Commission, but now he realized that the Planning Commission had placed Condition No. 28. Mr. Winkler stated that these fences are clearly visible and in violation of Condition No. 28. He explained that there have been discussions within the Council regarding the allocation of monies to replace some of the existing wood fences to improve the appearance of the City. Councilman Winkler stated that in his opinion, since the Council has made their decision regarding fences, there has been a "hurry-up" process at the Century Homes site to build more wood fences. He stated that the Conditions of Approval set by the Planning Commission have not been met and this becomes an overall problem for the community. He explained that if the fencing looks run down then the community looks run down and it then affects the entire community in regard crime and and other issues. Councilman Winkler stated that he felt that the conditions that the Planning Commission have set have not been met and that all construction should stop until the conditions have been met. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO STOP ALL CONSTRUCTION OF CENTURY HOMES UNTIL ALL CONDITIONS OF APPROVAL HAVE BEEN MET. Mayor Washburn commented that if you review Condition No. 28, you recognize that it is a matter of interpretation. He stated that the developer might feel that he can do wood fencing because he feels that it is not in line of sight from a major thoroughfare; whereas a Councilmember or one of the City's Engineers would feel that it was visible from a major thoroughfare. Mayor Washburn emphasized that he did feel that it was a matter of interpretation and that he would like to see the applicant, City staff and a Council representative meet with the developer and review the site and work out appropriate solutions measures in regard to this project. He asked if Councilman Winkler and Councilman Dominguez would include this as an amendment to the Motion. Both Councilman Winkler and Councilman Dominguez agreed to amend the motion as follows: AND MEET WITH THE DEVELOPER AND REVIEW THE SITE FOR COMPLIANCE WITH CONDITION OF APPROVAL NO. 28. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE BY THOSE PRESENT. PUBLIC COMMENTS- NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. PAGE TWENTY-SIX - CITY COUNCIL MINUTES - OCTOBER 26, 1993 CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 8:59 P.M. THE CITY COUNCIL MEETING WAS RECONVENED TO A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING AT 9: 08 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD TO DISCUSS MATTERS OF POTENTIAL LITIGATION AND A SINGLE CRIMINAL CASE, PEOPLE VS. FROHOCK AT 10:05 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10: 41 P.M. WITH NO ACTION TAKEN ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINKLER AND APPROVED BY UNANIMOUS VOTE BY THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10: 41 P.M. G M. WASHBURN, MAYOR Respectfully submitte J 1 Y i Adria L. Bry- ng, Deputy ty CV A EST: 9) , VICKI KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 91 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER (Councilman Winkler arrived at 7:50 p.m. ) Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS CEREMONIALS A. Presentation - Lake Elsinore Management Authority Videotape. (F:92. 3) Mayor Washburn noted the agencies involved in L.E.M.A. and explained the purpose of the videotape. The videotape was shown. Mayor Washburn advised that the videotape will be shown a various time in the future on King 3 and other stations. B. Announcement - Lake Elsinore Storm. (F: 134. 10) City Manager Molendyk advised that the Press Conference originally scheduled for Wednesday, November loth had been rescheduled to Friday, November 12th at 1:00 p.m. He noted that the purpose of this press conference would be to introduce the new team logo and colors; and following the conference, team souvenirs will go on sale. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 21, 22, 34 and 35 and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. l.a. , l.b. , 8 and 9. PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Received and ordered filed the Building Activity Report for October, 1993. (F: 32 . 2) 3 . Received and ordered filed the Code Enforcement Activity Report for October, 1993 . (F:54 . 1) 4 . Received and ordered filed the Investment Report for September, 1993 . (F: 12 . 5) 5. Ratified Warrant List for November 1, 1993. (F:12. 3) 6 . Awarded Maintenance Contract for Traffic Striping & Pavement Marking to IPS Services in the amount of $28, 095.73. (F: 156.2) 7. Adopted Resolution No. 93-62, regarding Authorization to Apply for Grant Funds from the Used Oil Recycling Fund. (F:84 . 1) RESOLUTION NO. 93-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT FOR THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS REGIONAL USED OIL COLLECTION PROGRAM. 10. Approved public hearing date of December 14, 1993 , for the following: a. Street Name Change of Railroad Canyon Road to Diamond Drive from Lake Elsinore Diamond to the East City Limits. (F:158. 1) ITEMS PULLED FROM THE CONSENT CALENDAR 1. Minutes a. Special City Council Meeting - October 21, 1993 . (F:44.4) b. Regular City Council Meeting - October 26, 1993. Councilman Alongi indicated that he would be abstaining on the Minutes of October 21 and October 26, 1993 . MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH WINKLER ABSENT AND ALONGI ABSTAINING TO APPROVE THE CITY COUNCIL MINUTES AS SUBMITTED. 8. Resolution No. 93-63 - Intention for City Initiated Zone Change (ZC 93-61 - Chaney Street - Change from R-2 to R-1. (F: 172 . 2) Councilman Alongi indicated that he would like to see this matter moved to a Study Session for discussion. He noted the annexation of this property in the 1960's with the R-2 zoning in place. He expressed concern that property owners, other than the existing homeowners should be compensated in some way since they purchased the property as R-2 . Mayor Washburn clarified that this resolution was only the first step and even with its adoption a workshop could be held prior to further proceedings. PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 91 1993 MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 92-63 . RESOLUTION NO. 93-63 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING A CHANGE OF ZONE FOR TERRITORY LOCATED ALONG THE WEST SIDE OF CHANEY STREET BETWEEN HEALD AVENUE AND HILL AVENUE. 9 . LEMA Dues/Budget - Contribution 1994. (F: 92.3) Councilwoman Cherveny noted that $17,500 was budgeted for dues last year and were not needed. She suggested that the funds be reallocated for additional paving of streets such as Kansas Street. She further noted that there is a property owner willing to pay for the curbs and sidewalks, and it would be appropriate to provide the paving. She expressed concern with the upcoming rainy season and the muddy mess this street becomes. MOVED BY CHERVENY TO REALLOCATE THE PAST YEARS FUNDS TO PUBLIC WORKS FOR STREET WORK. THE MOTION DIED FOR LACK OF A SECOND. Councilman Winkler requested clarification of the $17,500 and the ability to reallocate it. Mayor Washburn suggested that the Administrative Services Director be requested to research these funds and the potential for reallocating them. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE LEMA BUDGET AS SUBMITTED. COUNCILMAN WINKLER ARRIVED AT 7:50 P.M. PUBLIC HEARING 21. Annexation No. 62 , General Plan Amendment 93-2 & Zone Change 93-4 - The Western Company and Annexation No 68, General Plan Amendment_ 93-3 & Zone Change 93-5 - The City of„Lake Elsinore Resolution Nos. 93-64 thru 93-66 & Ordinance Nos. 967 & 968. (F: 20. 2) (X:83.2) (X: 172 . 2) City Manager Molendyk detailed this request and the stafffs recommendations. Councilman Alongi asked that the public hearing be separated to hear Annexation No. 62 first and then Annexation No. 68, and vote on each one separately. Mayor Washburn explained that it would take a motion to separate the item or when it came to the motion the Annexations could be split. Mayor Washburn opened the public hearing at 7:30 p.m. and asked those persons who requested to speak to come forward as called: Patricia Lee Nolan, 30620 Plumas, stated her opposition to Annexation No. 62 and Annexation No. 68 . She explained that she resents being forced to accept a situation that she finds unacceptable and could alter her way of life. PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 Lea Routledge, 14505 Amorose, stated her opposition to Annexation No. 62 and Annexation No. 68; and cited the problems the developers are having in selling existing homes. She further stated her opposition because of the impact on Public Safety Services and the potential inability to provide proper services. Mrs. Routledge stated that in an already crowded school situation there are no provisions for more schools provided by the developer. She cited two lots in Mr. Chen's project that are part of the Brookstone Ranch CC & R's and indicated that this needs to be addressed further. Ace Vallejos, 15231 Cobre Street, stated his opposition to the project and explained his objections to the annexations and developments, stating that he wants to see developments compatible with the area. Lee Bulen, 14949 Toft Street, stated his opposition to Annexation Nos. 62 and 68 and explained that he feels that the notices to the public were inadequate. He asked that it be made part of the record that he opposes Annexation No. 68 because he feels that it is an attempt by the City to avoid the statutory process. Mr. Bulen stated that he feels the City cannot provide proper fire, police or school services due to the increased population. He requested that Council include Brookstone Ranch in the boundaries of Annexation No. 62 , so that their residents can have a vote and voice in their future. Allan Knight, 30510 Brookstone, stated his opposition to Annexation Nos. 62 and 68 , and suggested that the LAFCO requirement for a fiscal analysis had not been met by the developer; as he felt that the developer had understated the fiscal impacts. He noted that the City Manager, at a Study Session in August of 1992, stated that at 1, 200 units, he did not see how the project could pay for itself. Mr. Knight questioned, now that it is down to 900 units, how it will pay for itself. Mr. Knight quoted Section A, paragraph 11, LAFCO Policies and Standards; "Boundaries should seek to include, rather than split existing identifiable communities, commercial districts, or other areas having social or economic integrity" . He stated that Annexation No. 62, violates this provision by splitting the southern portion from Brookstone Ranch. Gary Glotfelty, United States Forest Service, 1147 E. 6th Street, Corona, stated the Forest Service's opposition to the annexation of 168 acres of public land to the City its zoning as open space. COUNCILMAN WINKLER ANNOUNCED A POTENTIAL CONFLICT AND REMOVED HIMSELF FROM THE TABLE. David Locke, 15025 Monty Court, asked who was paying the fees for Annexation No. 68 . He stated that if Laguna Heights is paying for the annexation then it is in violation of the law; and if the City is paying for the annexation then it is an expenditure of taxpayers dollars and should be the responsibility of the developer. He suggested that it might be appropriate to make Annexation 68 part of Annexation No. 62 and it would be the responsibility of the Laguna Heights developers to fund. PAGE FIDE - CITY COUNCIL MINUTES - NOVEMBER 90 1993 David Gottlieb, 3546 Carmel, Irvine, representative of the Western Company, stated that he is appearing before the Council to ask their approval of Annexation No. 62, the General Plan Amendment and the Zone Change. He gave an overview and history of the project and the current intent of the development. He explained the annexation of 162 acres of Forest Service land and explained that this is to be zoned Open Space and will not change the use of the area. Mr. Gottlieb explained the Environmental Impact Report and stated that the development area will pay its own way for public safety services and explained the construction of water reservoirs on the development to provide for fire safety. He stated that this project is a Master Planned Community and will enhance the area. He explained that it will be taken to a formal vote of the residents involved and they will be given an opportunity to decide if they wish to be a part of the City. He asked that Council approve this annexation. Ted Kramer, 15077 Patrick Court, spoke in opposition to Annexation Nos. 62 and 68 . Hearing no further comments Mayor Washburn closed the public hearing at 8: 01 p.m. Councilwoman Cherveny asked why this was split into two annexations. City Planner Leslie explained that the applicant, Western Companies, proposed Annexation No. 62 . The City, based on understanding of LAFCO's policies, then proposed Annexation No. 68 in order to complete the annexation of the area. Councilwoman Cherveny then asked why the City is the applicant for Annexation No. 68. City Planner Leslie explained that LAFCO does not want to create islands, and it was staff s feeling that in order not to create an island, the City should propose Annexation No. 68. Councilwoman Cherveny stated that it is clear to her that the persons in Annexation No. 68 do not want to be annexed. City Planner Leslie explained that when an annexation goes to LAFCO, if there is 25% or more written opposition to the project, then it must go to a vote and in that vote if 50% or more of the registered voters, vote against the annexation, then the area will not be annexed. He noted that LAFCO could still choose to tie the two annexations together, and then everyone would be voting on the same annexation. City Manager Molendyk explained that if Annexation No. 68 is not approved, then LAFCO could include Annexation No. 68 in Annexation No. 62, and the people would then have less voice in the matter. Councilman Dominguez stated that this issue is now in LAFCO's hands, but the residents will have the opportunity to vote. Councilman Alongi explained that he was an advocate of splitting the annexations in order to give the people a voice in the annexation process. He further stated that he could not vote against this Annexation, since all the City requirements have been met. Mayor Washburn address the public comments regarding the PAGE SIX - CITY COUNCIL MINUTES -- NOVEMBER 9, 1993 change in lifestyle caused by the annexation and stated that the use of horses in the area is not in jeopardy and that the ability to have livestock will be maintained. ' He further addressed the public safety issue and stated that the solution is not just the increase in law enforcement officers, but also the increased participation of the residents in the community. He stated that he felt that the area seemed to be very conscious of public safety and stated that this would assist in better law enforcement for that area. Mayor Washburn stated that the fear factor of the area in regard to annexation is a concern and he stated that Annexation No. 68 does give the residents the opportunity to vote. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-0 VOTE WITH WINKLER ABSTAINING TO ADOPT RESOLUTION 93-64 FOR THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE ANNEXATION NO. 62 ; APPROVE GENERAL PLAN AMENDMENT 93-2 AND ADOPT RESOLUTION 93-65; AND APPROVE ZONE CHANGE 93-4 AND ADOPT ORDINANCE 967, BASED ON THE FOLLOWING FINDINGS: RESOLUTION NO. 93-64 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 AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT AND CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 62 - THE WESTERN COMPANY". RESOLUTION NO. 93-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE THIRD CYCLE OF THE CALENDAR YEAR OF 1993. ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 199 ACRES TO RURAL RESIDENTIAL AND OPEN SPACE (ZONE CHANGE 93-4) , LOCATED ROUGHLY SOUTHWEST OF THE INTERSECTION OF TOFT DRIVE AND GRAND AVENUE: THE WESTERN COMPANY/LAGUNA HEIGHTS. APPROVED UPON FIRST READING BY THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER Findings Annexation No. 62 1. The proposed annexation area is entirely within the City's Sphere of Influence. 2 . The proposed annexation area is contiguous to the City of Lake Elsinore. PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 3 . The project will not result in any significant adverse impacts on the environment. Findings - General „Plan Amendment 93-2 1. The approval of the requested designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health safety and welfare. 2 . Granting of the requested designations will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 3 . The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access and constraints. 4 . The proposed change will not result in any significant adverse impacts on the environment. Findings Zone Change 93-4 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This zone change establishes the necessary pre-zoning for this site. 3. This request will not result in any significant adverse impacts on the environment. MOVED BY ALONGI, SECONDED BY CHERVENY AND FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING TO DENY ANNEXATION NO. 68, GENERAL PLAN AMENDMENT 93-3 AND ZONE CHANGE 93-5. COUNCILMAN WINKLER RETURNED TO THE TABLE. APPEAL 22 . Appeal of Planning Commission Condition of Approval No. 24 for R 89-17 Amendment No. 2 (Lewis ,Homes of California) - the subject site is located at the southeast corner of the intersection of Robb Road and Mountain Street. Continued from October 26. 1993 . (F:21. 1) City Manager Molendyk introduced this item and noted that a meeting did occur on site to review the request. Mimi Ryal, representing Lewis Homes, indicated that she appreciated the opportunity to review the site with the Council. She further indicated that they are willing to provide the block walls or combination block wall/wrought iron fences on top of the large slopes and terraces. She detailed those locations on a map of the site. She also indicated that they would still like to use wood fences on side and rear property lines where they would not be visible. She commented on the fencing adjacent to Mr. Chen's project at the toe of the slope and requested that wood fencing also be allowed at PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 this location, as there will be limited view of them and they would be helpful to drainage. Mayor Washburn indicated that he had visited the site with Councilman Winkler. He noted that the street to Mr. Chen's property should not necessarily be considered a major thoroughfare. Councilman Winkler requested clarification of fencing treatment adjacent to the cul-de-sacs. Ms. Ryal clarified. Councilman Winkler addressed the terraced area near Spruce Street. Ms. Ryal indicated that property is owned by Mr. Chen, but their intent would be block wall at the top of those terraces. She indicated their concern is for the toe of the slope. Councilman Winkler indicated that he was not sure what this request was for. City Planner Leslie indicated that the policy has been for block masonry wall on the perimeter of all projects, however this request is for the perimeter line which is at the base of the slope. He clarified that this might assist drainage in that there is a constant 2 or 3 inch space at the bottom of the fence. He noted that even with block wall it is possible to have a series of "weep19 holes in the fence. Councilman Winkler commented that in the perfect world block wall throughout the project would be desirable, but expressed is understanding of the cost concerns. He indicated that his hainwcadderr1aLswdifflh trhbafhncaegomimht1h&-ifn tdhstah , hhd combination of fencing. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO REJECT PLANNING COMMISSION CONDITION NO. 24 AND APPROVE STAFF RECOMMENDATIONS. Councilman Alongi requested clarification of the block wall requirement where visible from the street. Councilman Winkler clarified that the side fences which are barely visible from the street would be allowed. Councilwoman Cherveny inquired whether the wood fencing would be painted as opposed to bare wood, suggesting that painted fencing has a better appearance. Ms. Ryal indicated that they would prefer to treat/seal the bare wood fencing to make it water resistant. She indicated that in her opinion, this provides more protection than paint. Councilwoman Cherveny inquired which development currently has painted fences. Mr. Leslie indicated that Centex has painted fencing. , Mrs. Cherveny indicated that those painted fences really enhance the look of the development. Councilman Alongi indicated that sealing the fences is less costly and keeps the fences cleaner longer. He indicated that he would concur that sealing sounds appropriate. Councilman Winkler questioned which would be better for long term aesthetics. Councilman Alongi indicated that sealing would be better to keep water from permeating the wood. Ms. Ryal concurred that sealing tends to last a bit longer than PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 9,r 1993 painting. Councilman Winkler suggested leaving this decision up to staff to determine the best alternative. With concurrence of the second, this matter was added to the motion. Councilman Alongi noted a letter received from David & Trish Rupple on this matter. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE TO REJECT PLANNING COMMISSION CONDITION NO. 24 AND APPROVE STAFF RECOMMENDATIONS AND AMENDMENTS AS FOLLOW: THAT SIX FOOT (61 ) HIGH MASONRY WALLS SHALL BE CONSTRUCTED ALONG ALL SIDE AND REAR PROPERTY LINES WITH THE FOLLOWING EXCEPTIONS: THAT WOOD FENCES AS PROPOSED BY THE APPLICANT MAY BE ALLOWED ON ALL INTERIOR SIDE PROPERTY LINES AND ON THE REAR PROPERTY LINES OF LOTS 4 AND 5 OF TRACT 19750-3 ONLY. MASONRY OR BLOCK WALLS SHALL BE USED ON ALL EXTERIOR SIDE PROPERTY LINES ADJACENT TO THE PROPERTY LINES ADJACENT TO A PUBLIC RIGHT-OF- WAY OR THAT FORM THE TRACT OR PROJECT BOUNDARY; THAT THE REAR PROPERTY LINE FENCE FOR LOTS 21, 22 , AND 23 OF TRACT 19750-1 (THE MODEL AREA) MAY BE A COMBINATION BLOCK WALL (BOTTOM PORTION) AND WROUGHT IRON (TOP PORTION) ; THAT THE ABOVE EXCEPTIONS ARE ONLY APPLICABLE TO THE MODEL SITE AND PHASE I, ALL OTHER SUBSEQUENT PHASES SHALL BE SUBJECT TO SEPARATE REVIEW AND APPROVAL; AND TREATMENT OF WOOD FENCING, WHETHER PAINTED OR SEALED, SHALL BE SUBJECT TO REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE. BUSINESS ITEMS 31. Century Homes Project Fencing - Located in the Summerhill Development at the Northeast Corner of Summerhill Drive & Canyon Estates Drive. (F:80. 1) City Manager Molendyk noted that Councilman Winkler and Mayor Washburn had met with staff and Mr. Reinen at the site. Robert Reinen, representing Century/Crowell Communities, noted the report submitted to Council detailing fencing costs. He further noted that the fences being discussed are in the completed Phase I and currently the second phase is under construction. He commented that any change in fencing would represent a change in conditions from those in place when the homes were purchased. Mayor Washburn requested clarification of the costs presented. Mr. Reinen explained that a block wall fence would need to be eight feet tall with two feet below ground for footings. Mayor Washburn noted a cost spread from $2 , 300 to $15, 000 per lot. Mr. Leslie further clarified the lot breakdown and associated costs. Mayor Washburn indicated that his understanding was that the applicant is saying they received the approvals and met the conditions and any changes would have to be done by the City. Mr. Leslie clarified that there is some question as to whether the conditions have been met. Councilman Winkler noted the action at the previous meeting to i PAGE TEN - CITY COUNCIL MINUTES NOVEMBER 91. 199.3. :% stop building until the conditions have been met. He detailed Planning Commission condition #28, and noted that it doesn't say the Community Development Director can'approve'wood fences on the right-of-way. He stressed the visibility of the wood fencing from Railroad Canyon Road and noted the Council has the right to stop construction and demand that the developer comply. He further noted that the City might have to replace the portion that has already been sold at an estimated cost of $12, 000 per lot and indicated he would consider that. He also noted that if the City formally allowed something against policy to happen, he would not be opposed to considering action to correct it. He expressed concern that after discussion of this item began, additional fencing appeared to go up quite quickly. He indicated his gut reaction would be to continue with the same motion preventing further construction until conditions are met. He indicated that he was not excited about assisting with phase two fencing, but if necessary he could only see assisting with the excess costs. Councilman Alongi indicated that he would agree with Councilman Winkler on this item; if the Planning Commission recommendation was to not use wood fencing in the visible areas He disagreed, however, with the use of taxpayers money to trespass on private property to correct this. He stressed that the contractor was conditioned and the work should have been done in compliance. Councilwoman Cherveny inquired whether the City Attorney had reviewed this issue; and suggested that if the condition was in place, the developer should be held to compliance. She concurred with Councilman Alongi that she would not agree with using City funds to correct the fencing. She further indicated that if the developer had complied the City should accept it, however, she would question whether the developer had complied. City Attorney Harper indicated that he was not certain what approval staff might have given, however, the staff has no legal ability to allow something contrary to the conditions. He noted that there are a number of options to require compliance including refusal to issue permits or Certificates of Occupancy until compliance is reached. He noted that it is more difficult to address the properties already sold. Mr. Reinen concurred with Mr. Harper with regard to the first phase which , has been sold. He noted that the second phase plans had been submitted and reviewed with comments returned to them. He further noted that at that time two block walls were extended by 20 feet. He indicated that he feels they received review on behalf of the City and he would disagree that the developer is the guilty party. Councilman Winkler indicated that they could address the project by phases, but there is an outstanding motion to stop construction. MOVED BY WINKLER, SECONDED BY CHERVENY TO REAFFIRM THE PRIOR MOTION TO STOP CONSTRUCTION AND REQUIRE THAT CONDITION #28 BE COMPLIED WITH BEFORE ADDITIONAL PERMITS OR CERTIFICATES OF OCCUPANCY ARE ISSUED. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 Councilman Alongi indicated that he would like to see that no City staff will alter the Planning Commission or City Council approvals. He stressed that this type of situation should not happen again. Mayor Pro Tem Dominguez inquired whether staff understood Council's direction. Councilman Winkler indicated that there had been discussions of block walls and combination fencing for reasons of privacy and visibility. He noted that another option would need to be explored for the properties which have already been sold. He stressed the City's interest in providing a good product. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Councilman Winkler recommended consideration at a future City Council meeting, but indicated he would like to have staff look at the first phase and come back with cost estimates and alternatives for replacement of the wood fencing. 32. Award of Contract for Lakeshore Drive & Chaney Street Widenincs. (F: 156 . 2) City Manager Molendyk explained this item, noting that the residents had approached the City concerning future alignment of Chaney Street. He further explained that as a result additional concerns were raised that needed to be addressed on at least a temporary basis. He also explained that the Outflow Channel project will be further impacting Chaney Street, when it is used as a detour. He noted new information that the residents would be interested in participating financially to ensure the project is completed with concrete curbs and gutters. Public Services Director Tecca noted that three alternatives were presented to the residents and Council at a work session. He further noted that this project for major intersection improvements had been bid and was being recommended for approval. He also noted that this was being considered as an interim improvement. He indicated that the same project with concrete curbs, gutters, etc. would cost about $276, 000. He explained that with an assessment district, spreading the cost over 20 years, the total cost would be about $600,000, divided by 20 lots, would be $30, 000 per lot over a period of 20 years. Mayor Washburn indicated that this was not feasible and questioned the bids received and the extent of the improvements. Mr. Tecca explained that all of the improvements will be temporary and would need to be removed before permanent improvements are done. He further explained that the minimum is proposed to assist during the detour, and permanent improvements could not be designed and completed in time for the detour. Councilwoman Cherveny inquired whether the use of Townsend was an alternative for this detour, in that it is already widened and improved. She stressed that it is only needed for 90 days and it would only require placing the left turn pocket on Lakeshore. PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 '.. Mr. Tecca indicated that it is normally not appropriate to detour on a local street. He stressed that Chaney is dedicated as an arterial street, but indicated that legally Townsend could be used on a temporary basis. He noted the number of units on Chaney vs. Townsend and indicated that there are nearly the same number of on each. Councilwoman Cherveny noted that they do not all face Townsend. Mr. Tecca indicated that the number facing Townsend is comparable to the number facing Chaney. He noted the severity of the crest of the hill on Townsend and other difficulties with use of that street. He indicated that it would require more work to improve Townsend, but it might save $10,000 to 20,000. Mayor Pro Tem Dominguez noted that the asphalt sidewalks have been satisfactory as installed on Lakeshore. He indicated that he feels the residents would be happy with them. Councilman Alongi questioned the potential for straightening the curve on Chaney Street. Mr. Tecca indicated that the pepper trees will be removed and the stop sign will be relocated to improve the visibility in this area. Mr. Alongi questioned the potential for traffic backlog on Chaney Street. Mr. Tecca detailed the proposal of Caltrans for detours using Lake Street and Main Street and diverting much of the traffic from Central. Councilman Alongi requested clarification of the stop sign relocation. Mr. Tecca advised that it will be moved up the hill about 50 feet from one leg of Sumner to the other. Councilman Alongi expressed concern that this would defeat the original purpose of the stop sign. Mayor Washburn concurred with the concern for doing the project right and indicated that he would also like to see it done right before the detour, but he would not have a problem with the temporary improvements. He indicated that in the long term it is important to do the concrete improvements and stressed the need to target that area. He further stated that he would like to see those improvements now, but it is cost prohibitive. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE LOW BID OF $84,706. 60 AND AWARD THE CONTRACT FOR THE LAKESHORE DRIVE AND CHANEY STREET WIDENING PROJECT TO R.J. NOBLE COMPANY. 33 . Downtown East Residential Area Parking & Circulation - Resolution Nos. 93-67 & 93-68 . (Fe112 . 1) City Manager Molendyk indicated that this item was initiated by Council, however a number of questions have come up. He suggested that this matter be continued to a Study Session. ?MOVED BY WASHBURN, SECONDED BY ALONGI TO POSTPONE THIS ITEM TO ALLOW FOR A WORKSHOP. City Manager Molendyk indicated that the City Clerk would coordinate this item for an upcoming study session. Councilwoman Cherveny suggested notification to downtown residents. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 91 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. COUNCILMAN WINKLER LEFT THE MEETING AT 9: 00 P.M. DUE TO ILLNESS. 34 . Tem orar Runway - Skylark Airport. (F;14. 1) City Manager Molendyk indicated that this request relates to runway 1/19 which was previously discussed at a special meeting prior to the Autumnfest events. He explained that this consideration is for use of that runway on a longer term basis. Richard Beckner, 32425 Cape Cade Drive, commented that he is interested in aircraft and that was part of his reason for moving to the community. He noted that statement he was required to sign prior to moving in acknowledging his knowledge of the airport proximity and flight patterns. He indicated that he has circulated petitions in support of this runway and has received 100% support in his neighborhood. He also noted that the residents like the air activity and like to see the gliders and parachutists. Mayor Washburn commented that it was good to hear that the homeowners were aware of the statement regarding aircraft. Mr. Beckner stressed that he moved in for that reason. Mayor Washburn noted receipt of the petitions. Curly Annis, 33445 Skylark, advised that he is the Operations Director for the airport and noted the interest in pursuing additional activities. Annie Johnson, 37 Silver Saddle Lane, Rolling Hills, advised that she has gone door to door in the Serenity Tract and another tract and has heard nothing but positive regarding this request. She noted that many of the residents indicated that they enjoy watching the parachutists and gliders. George Sedillo, 37 Silver Saddle Lane, Rolling Hills, expressed appreciation to the Council for hearing their requests He expressed his interest in holding events and exposing people to aviation. Mayor Washburn clarified that this had been heard briefly at a study session, but placed on this agenda to ensure that the public has been informed. Councilwoman Cherveny thanked Tony Brogdon for his efforts to notify the residents and noted that there were approximately 110 signatures of residents in support of the runway. She detailed the conditions proposed in the staff report and requested revisions (highlighted) as follow: 1. Skydive California notify the Serenity Development & Jean Hayman School prior to resuming sky diving or gliding at Skylark Airport. 2 . Skylark Airport/Skydive California, provide the City of Lake Elsinore with a copy of their insurance, in the amount of $1 million, showing the City of Lake Elsinore, as additionally insured. 3. Skylark Airport/Skydive California, secure a Letter of PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER; 9i.. 199.3 ` Approval from the Department of Transportation, Division of Aeronautics to use runway 1/19 as an active runway for sky diving and gliding. 4. Skylark Airport/Skydive California secure written approval from the Sheriffs Department to use. runway 1/19 . 5. In the event the water again rises, to close 1/19, the original conditions would remain on runway 3/21 and only Mr. Perkins, Skylark Aviation, would be allowed to land and take off. G. Runway use is limited to a Cessna-182 and a Polish Wilga aircraft operated by Skydive California. No other aircraft is authorized to use the runway, pursuant to the Department of Transportation Letter dated October 22, 1993. 7. Require that the airport provide a boat for parachutists that might come down in the water in the back basin, as a safety measure. Councilman Alongi noted previously discussed concerns with the ability to turn and clarified that although the residents of Serenity were advised of the airport, the runway went in a different direction at that time. Mayor Pro Tem Dominguez indicated that Jean Hayman is addressed by Caltrans. He commented that he heard nothing but positive comments about the Autumnfest. He indicated that this appears to be something the community appreciates, Mayor Washburn inquired whether there would be any problem with the proposed revisions to the conditions. Tony Brogdon, Manager of Skylark Airport, advised that Jean Hayman School has been notified. He further advised that the condition concerning the return of high waters was appropriate. He indicated that with regard to the emergency equipment for parachutists downed in the water, there is no legal way to put a boat in that water. He further indicated that he would hate to see this placed as a requirement when there is no legal way to do it. Councilwoman Cherveny requested clarification that this would be illegal. Mr. Brogdon indicated that his understanding is that it would not be legal to do so. City Attorney Harper commented that it would most likely not be allowed, but offered to investigate. Mr. Brogdon indicated that it was his responsibility to designate what is safe, under his permits with Caltrans. Councilwoman Cherveny questioned the letter of October 22, 1993 , from Caltrans limiting the aircraft which will be allowed. Mr. Brogdon indicated that condition was for the Autumnfest, particularly the Polish Wilga. He indicated that his request to Caltrans was that he be allowed to determine what is safe. He explained that the Twin Otter takes off shorter and turns better than the Cessna. He stressed that PAGE FIFTEEN - CITY COUNCIL MINUTES -- NOVEMBER 90 1993 the letter of October 22, 1993, was in reference to the Autumnfest, based on a call to Caltrans prior to the event. Councilwoman Cherveny requested that the City receive a copy of the new letter. Mayor Washburn suggested issuance of a new letter naming the appropriate aircraft. Mr. Brogdon indicated that he would have that clarified. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE REQUEST UPON RECEIPT OF THE LETTER FROM CALTRANS AND SUBJECT TO THE CONDITIONS PREVIOUSLY DISCUSSED. Councilwoman Cherveny stressed the necessity of providing an insurance certificate to the City. 35. Draft Amended Cardroom Ordinance No. 969. (F: 34. 1) City Attorney Harper explained that the City has been approached by several interested parties for the ability to license additional card rooms within the City of Lake Elsinore. He further explained that some years ago, prior Councils amended the Ordinance to eliminate that possibility. He clarified that under the current Ordinance there is only one license allowed, and if it goes out of business then there will be no card rooms allowed. Mr. Harper stated that the Ordinance was redrafted to give the Council the ability to approve additional card rooms if they meet the criteria set by the Council, such as financial feasibility and the design of the project. He explained that this provides an option to the Council. City Manager Molendyk explained that the City has two potential applicants that would like to introduce their concepts to the Council and show why they feel that Council might want to modify the existing Ordinance. He suggested at the request of Diamond Resorts and Lake Elsinore Hot Springs that the Council receive presentations regarding their proposals. Mayor Washburn called on those persons requesting to speak as follows: Greg Block, 320 Oakbranch Drive, Encinitas, representing ERC Group, Diamond Resort, explained that in the package presented to Council there are financial projections, economic design details and the proposed plan, which is designed for a family oriented designation resort. He explained that at complete buildout it will be a $20,000,000 project which would provide 300 jobs and generate approximately $750,000 in tax revenue annually for the City once the project is in full operation. Mayor Washburn clarified that what Council is addressing tonight is not the project, but rather changes to the Card Room Ordinance. Kim Quan, Studio Seven Architect and Planning, Fullerton, representing Diamond Resort explained that the project is PAGE SIXTEEN - CITY COUNCIL MINUTES NOVEMBER 9, 1993 bounded on the west by Camino Del Norte, on the east and south by Diamond Way (Elsinore Ridge Road) . It is a 16 acre site which is proposed to be developed in two phases. The first phase would be the resort and conference center and the second phase would be the hotel project. Mr. Quan gave an overview of the proposed building plans which utilize the architectural style and theme of the baseball stadium. Allan Baldwin, 16496 Lash, commented that he is in favor of the amendment of the Ordinance. He explained the proposed Lake Elsinore Hot Springs Resort and the assets it will lend to the downtown area, as well as encouragement to proceed with the redevelopment and revitalization. Mr. Baldwin stated that it would create new jobs and increase tourism to the downtown area. He ask that Council consider the amendment to the Ordinance in order to encourage new development. Jun Park, Architect for the Lake Elsinore Hot Springs Resort, explained the main purpose of the resort is to utilize the indoor and outdoor activities available to the public. He explained that the resort would offer hot mineral soaks and mud baths, as well as family oriented water sports. Mayor Washburn explained that Council is looking at a modification of the existing Ordinance, which would also include an increase in fees and a change in the liquor regulations. City Attorney Harper explained that the rest of the changes are to clean up the language of the Ordinance and to change the section that addresses the requirement for a U.S. Citizenship to hold a license, which is no longer pertinent. Mayor Washburn questioned the section that states that "More than one permit may not be held by a single person. 11, and asked if this should state corporation. City Attorney Harper stated that it "person" is defined to cover that issue. Mayor Washburn questioned the impact of the new fee structure on the owners of the existing casino and asked if there might be some type of provision made to allow them to work into the level of fees that the new Ordinance requires. He explained that the City worked with the past owner to help acquire the new owners for the casino and he felt that it would not be fair to hit the new owners with the fees immediately after they acquired the Casino and suggested it be phased in. City Attorney Harper explained that he felt that it would be approximately two years before any other project would be on line, and therefore a phasing in of the fee will not have a negative impact on the other potential resorts. He explained that this is a draft Ordinance and can be changed to adjust to the Council's desires. Councilman Alongi commented that his concern is in protecting the present operator of the Casino, as they are spending a tremendous amount of money to upgrade the Casino and it would not be right to impose the new fees. He explained that he feels that the new fees should start when their project is complete. PAGE SEVENTLaEN - CITY COUNCIL MINUTES _ NOVEMBER 9 t993 Councilman Dominguez commented that; : ;'there are ' different scenarios that can be used to approach the Casino and an extension of five years could be awarded to compensate him for the amount of money and time spent to Upgrade.` 'the current facility. City Attorney Harper asked for clarification and inquired whether the new fee structure should not be imposed until the Casino is complete, and indicated that the other question is whether more casinos should be allowed. He explained that fees for the Casino have been discussed several times in the past years and with the development of the stadium and Lake Management, this will create a new market and fees should be appropriate. Councilman Alongi explained that right now the new owners do not have to do the improvements that they are doing and he wished to encourage this action, not discourage it. He indicated he would like to see the improvements continuing on this site and not burden them with increased fees until such time as the Casino has finished its improvements. Councilwoman Cherveny suggested that the City Attorney have a conversation with the current manager of the Casino. City Attorney Harper stated that there was an alternative, being if the Council was in general agreement with the Ordinance, excluding the fees, they could adopt the Ordinance to give the City the ability to approve licenses. He indicated that this would other potential developers a signal as to what the City will giv doe the other. Councilwoman Cherveny asked what the basis was for not serving liquor at 'the gaming tables. City Attorney Harper explained that the no drinking" provision was common to cities with small operations in the past. Councilwoman Cherveny then asked if it was acceptable for drinking at, card tables now. City Attorney Harper stated that as a rule itShe asked if it was common for fees to be general sa quarterly basis. City collected on Attorney Harper stated that it was. Councilwoman Cherveny then asked if the card room was going to maintain its table count at 30 tables. She stated that she did not have a problem with the Ordinance, and the only concern she had was with the liquor, but it should be consistent with other card rooms. Larry Regis, Lake Elsinore Resort and Casino, 20903 Malaga Road, explained that his firm has not had an opportunity to review the Ordinance and asked that they be given a chance to study the material prior to the Council taking action. MOVED BY CHERVENY, SECONDED BY ALONGI, TO CONTINUE THE DRAFT AMENDED CARDROOM ORDINANCE NO. 969 FOR TWO WEEKS FOR FURTHER CONSIDERATION AND CHANGES TO BE REVIEWED BY THE CITY ATTORNEY. Councilman Alongi explained that he does not have a problem With the Ordinance or fees, but he stated that he feels that Mr. Regis should be given an opportunity to review the Ordinance and consideration should be given for the effort that is being expended to improve an existing business. PAGE EIGHTEEN - CITY COUNCIL MINUTES - NOVEMBER ,9'* ` 100.3 John Giardinelli inquired why there could not be a first reading of the Ordinance at this meeting, and if there are changes to the Ordinance, then it could return for another first reading. But, if there are no changes to the Ordinance then it will return for a second reading. He suggested that this would allow all interested parties to go forward with their plans. Councilman Alongi explained that he felt that two weeks was not going to make any difference to the potential applicants and that it is a courtesy that should be extended to the existing card room owner to give him the opportunity to review the Ordinance. Mayor Washburn then called for the vote. THE FOREGOING MOTION FAILED BY A 2-2 VOTE WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES. Mayor Washburn stated that he felt that it should be at the discretion of the City Attorney and explained that if there are , changes from further review then it will return for another first reading. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN, TO APPROVE THE DRAFT AMENDED CARDROOM ORDINANCE EXCLUDING 5.28.060. Councilwoman Cherveny asked for clarification as to whether all of the amendments listed in the Ordinance except fees will stand. Mayor Washburn indicated they would. ORDINANCE 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5. 28 OF THE MUNICIPAL CODE REGARDING CARD ROOMS AND PROVIDING FOR RULES AND REGULATIONS CONCERNING EXISTING LICENSES. AYES: COUNCILMEMBERS: DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE MOVED BY WASHBURN, SECONDED BY CHERVENY, AND CARRIED BY VOTE OF 3 TO 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO CONTINUE THE DRAFT AMENDED CARDROOM ORDINANCE NO. 969 FOR TWO WEEKS FOR FURTHER CONSIDERATION AND CHANGES TO BE BROUGHT BACK TO COUNCIL FOR FIRST READING. 36. Methodist Church Parking Lot - Discussion requested by Councilman Winkler. (F:134 .10) Mayor Washburn noted that this was requested by Councilman Winkler and in his absence would recommend obtaining additional information and deferring the item for two weeks. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THIS ITEM FOR TWO WEEKS. PAGE NINETEEN - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 Councilman Alongi stressed the need for more information. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. CLOSED SESSION None. ADJOURNMENT THE CITY COUNCIL MEETING WAS JOURNED AT 10: 20 P.M. TO WEDNESDAY, NOVEMBER 10, 1993, AT 3: 00 M. FOR DISCUSSION OF THE OAK GROVE EQUITIES (WALMART) SITE. GARY WASHB P MAYOR CIT F LAKE ELSINORE IKI EST: SAD, CITY LERK CITY OF LAKE ELSINORE l MINUTES JOINT ADJOURNED REGULAR CITY COUNCIL/ PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, NOVEMBER 10, 1993 CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Washburn at 3: 31 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE PRESENT: COMMISSIONERS: BRINLEY, BULLARD, METZE, NEFF, WILSEY { ABSENT: COMMISSIONERS: NONE. ICI Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator Wood, Manager of Special Projects Watenpaugh, and City Clerk Kasad. BUSINESS ITEM City Manager Molendyk advised that he had two additional items to be added to the agenda. One being a letter from the Chamber of Commerce asking the City to Co-sponsor the Miss Lake Elsinore Pageant Contest. The Chamber explained that they needed an answer as soon as possible in order to start publicity. The second item being from Western Classic, is requesting use of the City water truck in order to prepare for their Pro Circuit Rodeo the end of this month. They are asking for use of the Water Truck for 16 hours, to implement dust control . Mr. Molendyk explained that he had checked with the City Attorney and the Risk Manager, and it was decided that the only way that it could be done is with a City driver. He recommended that if the Council does approve the use of the water truck it would be the City truck with a City driver. The cost for this would be approximately $800.00 . MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADD TO THE AGENDA THE REQUEST OF THE CHAMBER OF COMMERCE TO CO-SPONSOR THE MISS LAKE ELSINORE PAGEANT AND THE REQUEST OF WESTERN CLASSICS TO USE THE CITY WATER TRUCK. 1 . Co-Sponsor Miss Lake Elsinore Pageant - Request by Lake Elsinore Valley Chamber of Commerce . City Manger Molendyk explained that the Chamber of Commerce would like to hold the pageant at the Community Center and on Saturday, February 26, 1994 and has requested that the City provide the Community Center at no charge. He further explained that last year they had to go outside the City to hold their event. PAGE TWO ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE CO- SPONSORSHIP OF THE MISS LAKE ELSINORE PAGEANT WITH THE LAKE ELSINORE CHAMBER OF COMMERCE. 2 . Request of Western Classic Productions to use the CitV water truck. City Manager Molendyk explained that this request was made by Western Classic Productions to mitigate dust at the Rodeo grounds, at the Central/Collier site for Saturday and Sunday, November 20th and 21st. i Mayor Washburn explained that he had met with Warren Alstatt and discussed the concerns of Western Classic Productions. He stated that he did not have a problem in assisting in this manner. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REQUEST OF WESTERN CLASSIC PRODUCTIONS TO USE THE CITY WATER TRUCK WITH A CITY DRIVER AT THE RODEO GROUNDS. 3 . Lake Elsinore City Center Project (Oak Grove Equities_ City Manager Molendyk presented the site plan proposed by Oak Grove Equities and explained that the City Council and Planning Commission, based upon both boards approvals voiced several expectations regarding entry statements , landscaping and the view of the project from the freeway. The developer has asked to eliminate some of the landscaping due to grading problems on the site, as well as , a change in the type of walls . Mr. Molendyk explained that he felt that the changes were substantial enough that they needed to come back before both the Planning Commission and the City Council to allow a unified thought in regard to the project . Mayor Washburn asked that Council and Planning Commission pay close attention to this presentation, because there are several small details that will need decisions and are important to the project and its appearance . City Planner Leslie explained the site plan and the difference in elevation between the site and Grape Street. He further explained the transition between the retaining walls, crib walls and building along the drive-way approach. Councilman Dominguez asked if the traffic circulation would be affected by the change in the crib and retaining walls . City Planner Leslie stated that it would not. Mayor Washburn asked if the area being discussed was the main entrance. City Planner Leslie stated that it was not. Commissioner Wilsey asked City Planner Leslie if the crib wall that they are suggesting would have to be tiered. City Planner Leslie stated that it would. Mr. Wilsey asked if the change in the entry would affect the entry or the monument signage . City Planner Leslie explained that it would not. Commissioner Brinley asked how much landscaping the City would loose . City Planner Leslie stated that it would be approximately half the landscaping, although the top of the project does pick up some landscaping. I Commissioner Neff asked what the difference was between the height of the crib wall and of the retaining wall . City Planner Leslie stated that there was no difference. i PAGE THREE ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 Craig Schleuniger, representing Oak Grove Equities, explained that it is 25 to 30 feet in height. Mayor Washburn asked if the grade of the entrance was 6% to 8% . City Planner Leslie stated that it was . City Manager Molendyk suggested that all entrances should be treated as main entrances . Councilman Alongi asked how much cost difference there is between the two entrances . Commissioner Neff asked if the City Planner had seen a crib wall combined with a block wall. City Planner Leslie stated that he can visualize the wall, but he doesn't recall ever seeing one. Commissioner Bullard asked if the retaining wall would rise the same as the drive. City Planner Leslie stated that it would. Commissioner Metze asked if there was more maintenance required for a crib wall . City Planner Leslie explained that on a crib wall there is the landscape maintenance because something must grow on it, the retaining wall must be painted and kept clean. Mr. Metze asked if the maintenance is the responsibility of the owner or the City. Mr. Leslie explained that it is the responsibility of the property owner. Commissioner Brinley asked how the City could make the owner maintain the landscaping and what can be done especially on a crib wall . Mayor Washburn explained that a retaining wall and a crib wall will do the same thing, just one is a blank wall and the other is landscaped. Commissioner Wilsey explained that the developer will be spending a great deal of money on landscape and it behooves them to do a proper job and maintain the landscaping to enhance their ability to rent. Commissioner Brinley explained that when this project was presented and passed she felt that it was a class "A" project and would be visible to the entire community; she suggested that it should be the best possible project that can be done. f She further explained that she knew that there was going to be some crib wall, but there was plain wall to keep maintenance checked. City Manager Molendyk explained that the project meets the minimum requirement for visibility, but is not the best approach. Commissioner Metze asked if they would be looking at bus stops . The developer has been conditioned to meet with the RTA to work out the bus stops. Commissioner Wilsey noted that they have taken away from the entry wall and because of the crib wall have moved the monument and changed the look of the project. He stated that he has not seen the developer moving the two buildings back and the crib wall in. Mr. Schleuniger explained that the reason for using any type of wall , crib or retaining is to conform to the slope which is a 30% grade. PAGE FOUR ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 Commissioner Metze asked what the dollar savings would be to make such a difference to the project. City Manager Molendyk asked what the big wall would cost versus what the little wall would cost. Commissioner Neff explained that it would be easier to go with those two pads and go with a two to one grade, but the parking limitations affect this action. Commissioner Wilsey asked if the project is that close to the parking limit. Milt Freeman explained that the monument sign is still in place, but it is just in a slightly different location. The overturn of the 20 foot wall for footing is what has caused the change which would cost at least $100,000. Commissioner Wilsey asked what the calculations would be for a crib wall versus a retaining wall . Staff explained the retaining wall would be straight up and down, whereas the crib wall would be two to one. Mr. Freeman explained that there would be approximately ten feet less . Mr. Wilsey stated that if the pads could be moved slightly back and hit a happy medium between the base of the crib wall and the top and still not adversely affect parking. Mr. Freeman explained that they are at the limit for their parking requirements . Mr. Schleuniger explained what the revision was and why they were asking for the change. Councilwoman Cherveny asked if what we approved was for 30 feet and now there is 9 feet. Staff concurred. Councilman Alongi asked how Oak Grove Equities could come before the Council and Planning Commission and not know the amount of parking that would be lost, how much space would be lost on the building, or the cost . Mr. Alongi stated that the City is going to contribute quite a few dollars to this project and he would like to know what is going to be exchanged. He stated that as a developer these facts should have been available at this time and there is quite a savings for Oak Grove Equities . Mr. Freeman explained that there are two different owners, so the pad cannot be moved, because the adjacent property is owned by someone else. Councilman Alongi stated that perhaps Oak Grove Equities should contact Wal-Mart and see if they can buy some of that property next to their location, in order to move the pads . . Commissioner Wilsey asked if there was a reciprocal parking agreement and whether it would solve the problem. Mr. Schleuniger explained that in their CC & R's it does not call for a reciprocal parking agreement. City Planner Leslie stated that the site actually has more parking than what is required; that is the overall parking. Commissioner Wilsey stated that from his perspective there is a much nicer visual approved plan than what is proposed. He stated that he would like to see some visual enhancement on the crib wall for example. Commissioner Metze asked what the effect on visibility is going to be coming and going. I PAGE FIVE ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 Mayor Washburn stated that Mr. Tecca will answer visibility issues, but he cautioned the Commissioners and Council that the purpose of this meeting is to come to a decision and not to postpone this issue. The reason for the final decision is that the applicant must meet deadlines with their agreement to Wal-Mart regarding the pads and there is a certain amount of dirt that is coming off that site for the baseball stadium. They also have to pin where the pilaster placement is going to be. This is to answer the footing requirements . A retaining wall must be built first before a crib wall can be built on top of it. Mayor Washburn stated that until a decision is reached by Council and Planning Commission the project is dead in the water. Commissioner Brinley agreed with Commissioner Wilsey and Councilman Alongi and she stated that she understood that there was a cost problem, but she felt that this was an issue known by the developer prior to attending the meeting. She explained that this amounts to over a $100, 000 change and she wondered what else they would not be able to afford. Councilwoman Cherveny explained that this was supposed to be one of the corner stones of the community and like the stadium it would be a first class project; and after a lengthy review process by both the Planning Commission and Council and promised funding through the Redevelopment Agency, they are coming back to cut corners . She stated that this was not suppose to be a run-of-the-mill Wal-Mart, but rather a unique and first class project, better than any others . Councilwoman Cherveny explained that these requested changes, caused her real concern. City Manager Molendyk explained that this is a major entryway to the City and he wanted Council and Planning Commission to have a clear idea exactly what type of project they will be getting. He stated that the City is learning by doing and that the Outlet Center has had its share of problems, and he wants Council to know exactly what they will be getting. He stated that 30 feet of grass is a lot different than 9 feet of grass . Mayor Washburn stated that the second rendering shows it going from 30 feet to 9 feet of grass and if it is a question of aesthetics then planters can be added and a flat retaining wall can be added to give a facade look; and the only thing that would be lost is the depth of the extra 10 or 12 feet. Councilman Alongi stated that looking at the second rendering is like going from Tuscany Hills to Low Income Housing. He explained that moving the retaining wall 5 or 6 feet still gives the City 25 feet of set back from the street of grass area. He asked that he be given an exact amount of footage that they want to use. If the retaining wall can. be brought forward to give the necessary amount of area for the building then there is no need for the crib wall. Councilman Alongi stated that what is really being discussed is cost and not moving things around. He asked the developer how much room are they looking for to place the building. Mr. Freeman stated that he is really not looking for more square footage. He explained that the change is for constructability. Councilman Alongi stated that he wished to have the retaining wall addressed and not the crib wall . He asked what is restricting the developer from building the retaining wall . PAGE SIX ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 Mr. Schleuniger explained that it is very difficult designing and constructing the retaining wall. Councilman Alongi commented that there are a lot of things that are difficult, but it can be done. He stated that it is the cost that is being discussed. He stated that when the developer brought the project to the Planning Commission and Council, the cost was there; and this should have been discussed at that time and not now. Councilman Alongi pointed out the difficulty of air conditioners and how they had resolved that issue and he suggested that they meet with Wal- Mart to resolve the parking problems, so that there is no need for change. He stated that there seems to be a habit of fast tracking, and he feels that if it delays the project slightly, then at least it will be done right. Public Services Director Tecca explained that looking at the plan, entry "B" will be signalized and the entry that is being discussed is not signalized; and the entry with the signal will attract more people. He explained that the street goes down hill, and yet the parking lot remains level and it causes a major grade difference. The public who will be leaving the parking lot will have a tunnel feeling and they will be making a left or right hand turn with traffic coming from the signal . Mr. Tecca explained that they meet minimum requirements of 30 feet visibility, but the more visibility they have the better the public will feel . Councilman Alongi asked if Public Services Director is talking in favor of the project or not. Public Services Director Tecca commented that if the original wall was built, 30 feet back there would be a lot more open area for the intersection. Councilman Dominguez asked whether even with the alterations, it still meets the safety requirements . Public Services Director Tecca stated that it does . He further explained the minimum requirements . Councilman Alongi asked why a signal light was not placed at that intersection. Public Services Director Tecca explained that originally it was designed for access for trucks, services vehicles and that type of use; .but now it has been upgraded for public use and it was no;, advisable to place a traffic signal at that location be•:duse it cannot be timed properly. Commissioner Metze asked if the City needs to keep more visibility in that location because there are no traffic signals . He stated that he felt that the developer wanted the middle one to be the main entrance, but the other is the first entrance that the public comes to. Mayor Washburn asked how much the plan has changed from the original plan, in visibility, to the new plan. City Planner Leslie advised that it was 21 feet difference. John Myhre, Nashland Engineering, commented on how good the proposal will look; and explained that it was an error in engineering, that they didn't realize how difficult it would be to go from a retaining wall to a crib wall . Councilman Alongi stated that he did not feel that the question was how beautiful or not beautiful a crib wall is, i PAGE SEVEN ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 nor aesthetics; the question is the difference in set back and the loss of visibility. Mayor Washburn explained that he was concerned with the project at Tuscany Hills and it turned out beautiful; and on the other hand projects that he had concerns in regard to became reality. Councilman Alongi explained it is the quality of the product and all these problems should have been seen at the engineering stage. John Myhre explained that one of the concerns of a Planning Commissioner was the appearance of the project and he wished to assure everyone that it will be a very attractive entrance. Commissioner Brinley explained that the major concern she has is with the maintenance and up-keep of the crib wall. Councilman Winkler stated that problems can be addressed by Ordinance and Code Enforcement if they should arise. He explained that the concern is legitimate based on past projects . Commissioner Metze stated that a retaining wall is designed to keep dirt back and questioned the function of a crib wall. Mayor Washburn explained the difference between a crib wall and a retaining wall . There was general discussion regarding the transition of the retaining wall and the crib wall . Commissioner Wilsey asked if there was some way that a decision could be reached at to whether there should be a retaining wall, or the Board and Council would accept the revised plans and go with the crib wall . Commissioner Neff stated that he far prefers the crib wall which is a softer image, to a 30 foot stucco wall which would be subject to graffiti . There was discussion in regard to what was presented at Planning Commission and how a 30 foot wall would be handled. Planning Commission was assured that there would be a treatment done with trees and ivy to soften the large size of the wall . Councilwoman Cherveny clarified this is not the beginning of the process . MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY THE CHANGES AND REMAIN WITH THE ORIGINAL APPROVED PROJECT. John Myhre explained that if there are specific ideas in regard to doing a two to one slope or any other answer, they would be open to suggestions . Councilwoman Cherveny explained that her motion is saying that she doesn' t like what the developer and his engineer came up with and she liked what was originally approved. Commissioner Wilsey asked if the building could be placed on the pad if there were redesigns in regard to the building. 'I PAGE EIGHT ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 There was general discussion in regard to the cost of developing for the pads and the fact that it would be cost prohibitive. Mayor Washburn stated that there was a motion on the floor to deny any change and go with the original project as approved by Planning Commission and Council . Commissioner Bullard stated that now there is a problem with Entry-way "A" and there will be the same problem with Entry- way "B" . Mayor Washburn stated that there would not be the same problem, since there is not the grade problem. Councilman Alongi asked the consensus of what the Planning Commission thinks . Councilman Winkler explained that he voted "yes" for the original project, and he stated that he dial not feel that the proposed concept presented was what he wanted to see, due to decreased visibility and traffic. THE FOREGOING MOTION WAS APPROVE BY A 3-2 VOTE WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES. Commissioner Metze stated that this developer is not Wal-Mart and they are going to have to improve their development to meet the City's standards . Councilman Winkler explained that he is receptive to some other idea, but that the developer had a big burden of proof to get him to change his mind. COUNCIL COMMENTS Councilwoman Cherveny advised that City Attorney Harper had stated that Tuesday, November 16 , at 5 : 00 p.m. would be a good time for a Study Session regarding the Card Room Ordinance. Mayor Washburn instructed the City Clerk to check with the other Councilmembers to see if this date would be available. Councilwoman Cherveny stated that City Attorney Harper said that he could do the meeting at 2 : 00 p.m. or at 5 : 00 p.m. ADJOURNMENT MOVED BY DOMINGUEZ , SECONDED BY ALO I AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE ADJOURNED CITY C CIL MEETING AT 4 :40 P.M. 22-K GXV WASHBURN, MAYOR T OF LAKE ELSINORE A EST: i VICKI KASAD, CITY CLERK MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 16, 1993 CALL TO ORDER The Study Session was called to order at 5: 00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. City Attorney Harper clarified that this would not be an official meeting and no action could be taken in that a quorum was not present. DISCUSSION ITEM 1. Proposed Cardroom Ordinance Revisions. (F:34. 1) City Manager Molendyk explained that interest had been voiced by the City Council and the business community in determining whether the Community would be open to additional card room facilities. He further explained that this revision would allow additional facilities and clean up the existing ordinance with regard to drinking at the tables and the requirement for U.S. citizenship. City Attorney Harper advised that he had received direction to revise the ordinance to allow for consideration of additional licenses, if the Council so chooses. He clarified that not all of the ordinances in the area are codified, particularly with regard to transferability. Councilwoman Cherveny inquired why the transferability portion had not been removed, noting that the transfer of the existing facility had occurred. City Attorney Harper clarified the ordinance section which does not prohibit transfers, but does not allow further operations, after this use ceases. He explained that this was an attempt to allow the previous owner to retain his investment and sell his business. He noted that the proposed revisions would allow for additional facilities. City Manager Molendyk noted that the most recent discussions on this ordinance related to adjustment of fees. Councilwoman Cherveny noted that the primary reason for this workshop was allow for additional review and allow the current owner to provide input. PAGE TWO - CITY COUNCIL STUDY SESSION - NOVEMBER 16, 1993 City Attorney Harper explained that at the request of various people this ordinance was an attempt to allow for additional licenses, if that is the desire of the Council. He noted that it was his understanding that the current owner was aware of this ordinance. Councilman Alongi expressed concern that this ordinance would address a location on Main Street, which would fall under the Design Review committee regulations. He inquired whether this ordinance would exempt Main Street. City Attorney Harper clarified that the development regulations would still apply and the development standards would still effect the project. Councilman Alongi inquired whether a variance would be required. Mr. Harper indicated that it would depend on the location and use. He clarified that most of the D.R.C. regulations relate to modification of existing structures. City Manager Molendyk noted that the proposal on Main Street seems to address the hot springs first, with the hotel and card parlor as minor uses. He also noted that the other proposal presented was more in competitions with the existing facility. Councilwoman Cherveny noted the presence of the owner and manager of the existing card room and requested their input. Eldon Kingston, owner of the Lake Elsinore Resort, indicated that he was informed of this consideration the day before the Council Meeting, and was unable to attend. He stressed that he was not aware of this item previously and was only informed through the newspaper. He also stressed that at the time he acquired the casino, it was based on the understanding that there was only one license and would continue to be only one license. He detailed the improvements and costs which have occurred since he acquired the facility, and the proposed additional work. He suggested that the fee structure be done separately. He offered to provide input on this portion. Councilwoman Cherveny concurred that the fee portion should be a separate issue. Mr. Kingston noted that the fees proposed are basically those proposed when Mr. Speer offered to purchase the facility. He further noted that license had been denied. Mr. Harper noted that the fees were based on those of the Bicycle Club. Mr. Kingston addressed the issue of liquor at the tables, indicating that there are concerns with drinking players, including the economics of providing the drinks. He noted the current local population and its impact on the customers to be drawn to the facility, as well as the area needed to support two additional casinos. He noted that there were previously two licenses, but one facility went broke. Larry Regis, Manager of the Lake Elsinore Resort, detailed the marketing and drawing area for a facility such as theirs; as well as the pending additional proposals in the surrounding area. He noted the local community participation and the financial stability of his organization. He also noted that their organization has become and integral part of the community. PAGE THREE -- CITY COUNCIL STUDY SESSION - NOVEMBER 16, 1993 City Attorney Harper clarified that this meeting is only to address the proposed ordinance, not the other proposals. Mr. Regis expressed concern that this proposal could have been approved and on the books already. He stressed his concern with allowing additional facilities without looking at the entire picture, particularly population impact and financial feasibility. City Attorney Harper concurred that these are points for Council consideration. Mr. Regis suggested separation of the licensing and fee issues. Mr. Kingston commented on the projections in the other proposals and their level of accuracy. Councilwoman Cherveny clarified that those proposals have no bearing on the ordinance. She stressed that fees are also a separate issue. Leon Strigotte, 216 Chaney Street, commented that the proposals had been used as selling points for the ordinance. Mr. Kingston concurred that they were a selling point and stressed that his organization is here for the long term either way. Councilwoman Cherveny indicated that her understanding was that Mr. Kingston would be meeting with the City's Finance Director to discuss the fee structure. She noted that she would like to see some sort of increase, but maybe not in the first year. Mr. Kingston indicated that the fees proposed are reasonable for a casino, and they would agree to an adjustment, but the proposals before the Council are not within reason, as very little profit would be possible; he suggested further calculation of the amounts. He offered to discuss fees further at a later date. Councilwoman Cherveny offered to meet with Mr. Kingston on this issue. Mr. Kingston indicated that he would be willing to open his books for review. Mrs. Cherveny indicated that it was visible that funds were being invested on the existing facility, but noted the need to locate sources of increased revenue for public safety. CITY ATTORNEY HARPER LEFT THE MEETING AT 5:45 P.M. Will Buck, 29610 Hague, noted that much of the clientele of the proposed facility on Main Street would come from out of the area. He explained Mr. Han's intent to expand his operation and focus on the hot springs and water related uses with the hotel and card room as secondary uses. He noted that it is felt that the card room draw is needed to allow for financing of the project. He noted that the intent would be for only 10 to 15 tables. Councilwoman Cherveny indicated that this would require a major revision. Mr. Buck indicated that he was under the impression that some of the requirements could be waived since it was in the D.R.C. area. I PAGE FOUR -- CITY COUNCIL STUDY SESSION - NOVEMBER 16, 1993 Leon Strigotte indicated that he and others would prefer no casinos. He further indicated that his intent when the ordinance was revised previously was to prevent transfer of the casino as well. He expressed concern with the legality of prior operations and questioned the current patrolling of the facility. He noted that this issue has been on the ballot and rejected twice in the past. He noted his willingness to circulate a petition to prevent further licenses. He expressed concern that there is not adequate law enforcement now and suggested that additional card rooms would increase the problems. He also noted that people don't want gambling near their families and most would go to other areas if they wanted to participate. Mr. Kingston commented that they have operated to the letter of the law since they acquired the facility. Councilwoman Cherveny questioned the current security and policing requirements and whether they are being complied with. Councilman Alongi inquired whether each table is registered. Mr. Strigotte indicated that there is a minimum 30 tables for operation, and the intent was that the tables would be counted from time to time. He noted previous incidents where additional rooms were being operated. Councilwoman Cherveny inquired whether these checks are occurring. Mr. Molendyk indicated he would check with Captain Daniel. Mr. Regis noted that on busy tournament weekends some tables are moved to other areas, however there are never more than the license allows. He offered the opportunity for inspection of the facility to anyone interested. Mr. Regis questioned the process from this point. City Manager Molendyk explained that the intent of this workshop was to answer any questions regarding the changes or the fees. He further explained that Mr. Boone is in the process of obtaining feedback on the fees and stressed the intent to make the fees more competitive. Councilwoman Cherveny stressed the importance of separating the fees from the licensing issue. She also expressed concern with the liquor issue. Mr. Strigotte noted that following enactment of the ordinance, requests for repeal will occur. Chris Hyland, 15191 Wavecrest, inquired why notification was not provided to residents of this consideration. Councilwoman Cherveny indicated that the Council was not advised either. City Manager Molendyk deferred this matter to the City Attorney. Mrs. Hyland inquired who provided the direction to revise the ordinance. Mr. Molendyk indicated that direction had come from Council. Councilwoman Cherveny inquired what it would take to place this issue on a ballot. City Clerk Kasad indicated that a ballot measure could be initiated by a Resolution of the City Council. PAGE FIVE - CITY COUNCIL STUDY SESSION - NOVEMBER 16 1993 Councilwoman Cherveny stressed that the fees are a separate issue, but the moral issue should be left up to the residents. Mr. Strigotte expressed concern for the overall quality of life. Mr. Kingston reiterated his willingness to sit down and discuss the fees, and noted that it is not as lucrative as some believe. Councilwoman Cherveny indicated that she would be interested in that input. Councilwoman Cherveny reiterated the need to ensure that Section 5.28.220 is being complied with. City Treasurer Pape indicated that he had spoken with police representatives in other cities with existing Card Rooms. He noted comments that allowing the casinos to police themselves is not a good idea. He noted their efforts to obtain retired officers for security. He also noted comments that card rooms are a recession proof source of revenue for the cities and one city even dedicates the revenue to law enforcement. Mr. Strigotte questioned the willingness of officials in other communities to live in those communities. ADJOURNMENT THE STUDY SESSION WAS ADJOURNED AT :07 P.M. z GARY WASHBURN, MAYOR CITY 0 LAKE ELSINORE AT EST: V CKI KAS D, CITY CLERK CITY OF LAKE ELSINORE f I , I i I I i i MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, NOVEMBER 18, 1993 CALL TO ORDER The Special. City Council Meeting was called to order by Mayor Washburn at 2 :39 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: DOMINGUEZ Also present were: City Manager Molendyk, Administrative Services Director Boone, Special Projects Manager Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Leslie, Community Services Manager Best and Deputy City Clerk Bryning. E BUSINESS ITEM 1. Downtown Traffic Circulation. City Manager Molendyk explained that there was a traffic study done specifically on the area behind City Hall. He further explained that due to the age of the streets and the increase in traffic, it was necessary to address the concerns of the community and solve the congestion problem. He stated that it can be done by one way streets or by restricted parking in the area. Public Services Director Tecca explained the study and presented the suggested alternatives. The suggestions were restricted parking, one way streets or a combination of both. He stated that it is his recommendation that there be established "No Parking Zones" as follows: NAME OF STREET SIDE OF ST. LOCATION OF PARKING ZONE I Chestnut Street Westerly Heald Ave. to Prospect St. Graham Avenue Southerly From Alley east of Main St. to Heald Ave. Heald Avenue Southerly Main St. to Graham Ave. Peck Street Northerly Main St. to Graham Ave. t Prospect Street. Northerly Main St. to Chestnut St. Councilman Alongi questioned the parking on Graham and commented that the commercial parking on Peck Street would create a problem for trucks delivering doors. published and ' Mayor Washburn stated that this. should be well p that the public should . be made aware of the changes prior to them being put in effect. There was general discussion in regard to trash pick-up and the effect one way parking would have on that service. PAGE TWO SPECIAL CITY COUNCIL MEETING NOVEMBER 18, 1993 i City Manager Molendyk requested clarification of the desire of Council to do a thorough notification to the residents affected and implement after the first of the year. He stated that this could be facilitated by an ad in the local paper. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE FOLLOWING RESOLUTION: RESOLUTION NO. 93-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE i ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 2 . Chaney Street Zone Change. City Manager Molendyk gave an overview of the request and gave a brief explanation for the action. City Planner Leslie explained that at the November 9, 1993, City Council Meeting, Council adopted Resolution No. 93-63, which was a Resolution of Intention for a City initiated zone i change. Due to the late date of this meeting it was not possible to post and mail a Notice of Public Hearing and consequently the Resolution will have to be amended to reflect a new planning Commission hearing date. He further explained that staff would recommend that Council consider expanding the area proposed for the zone change to incorporate all the territory along the west side of Chaney to the intersection of Treleven Avenue. City Planner Leslie asked that Council consider the new date and the expanded area for the zone change. Councilman Alongi expressed his concern for the people who bought the R-2 property along Chaney. He explained that they bought it as R-2 and the City proposes to down zone to R-1, which will reduce the value of the property. He further explained that the set-backs for R-2 are the same as R-1. He asked if the City was open to a potential legal battle and how the City would address this with the current property owners. Mayor Washburn asked City Planner Leslie how many R-2 duplex units there are in the area. City Planner Leslie explained that there is one multi-family residence in the area. Mayor Washburn stated that the rest of the development in that area has been R-1. Councilman Alongi commented that there had been four new homes built on R-2 property and of those, two are the homes that the City installed guard rails around. I Councilman Winkler commented that R-2 zoning may not be the best use for the property, and making the area R--1 would help to create the best use of the area. He explained that this issue will be heard by the Planning Commission and Council and the legal issues can be addressed at that time. Mr. Winkler stated that he would be in favor of extending the area on Chaney. Councilwoman Cherveny requested clarification of the new resolution and stated that it would include a new hearing date and the extended area and that the residents would have the opportunity to respond at the public hearings. i PAGE THREE SPECIAL CITY COUNCIL MEETING NOVEMBER 18, 1993 Councilman Alongi noted that the builders and owners of the R- � 2 lots are aware of the zoning and as long as all the property owners were properly notified and given an opportunity to express their opinion, he would have no problem with the new resolution. He stressed the fact that the proposal would have to be legal for the City to proceed. City Planner Leslie explained the choices that Council could make and clarified the expanded area. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AMEND RESOLUTION NO. 93-63 WITH A NEW PLANNING COMMISSION PUBLIC HEARING DATE OF DECEMBER 15, 1993, AND EXPAND THE AREA ON CHANEY STREET. 3 . Outflow Channel Project. City Manager Molendyk stated that the contractor for the Outflow Channel Project will be removing 240, 000 cubic yards of dirt and he must have an area to place the dirt after excavation. Mr. Molendyk presented an exhibit showing the locations proposed to receive the dirt. He explained that there are two parcels which will receive, grade and compact the dirt and two parcels proposed for stockpiling only. The parcels which will receive, grade and compact the dirt are not a problem, but the parcels proposed for stockpiling could become a major problem during the rainy season. Public Services Director Tecca explained the locations and current grades of the proposed parcels and expressed his concern regarding stockpiling of soil. He stated that during the rainy season the soil would erode and affect the roadways in the area. Mr. Tecca stated that there is no problem with fill and compaction, but stockpiling could be a detriment to the City. City Manager Molendyk explained the distribution of the dirt and asked Council for a stated policy giving staff direction in regard to stockpiling. Councilwoman Cherveny stated her opposition to stockpiling. Councilman Winkler asked how much dirt EVMWD would want. Public Services Director Tecca explained that they needed approximately 40, 000 cubic yards. Councilman Winkler stated that EVMWD should be contacted, before the City deals with the stockpiling issue. Mayor Washburn explained that in the past the City has not allowed random stockpiling and the City requires a grading permit and compaction of the soil for more than 50 cubic yards of dirt. Councilman Alongi asked if the two parcels which are proposed for stockpiling would need grading permits. Public Services Director Tecca stated that they would need grading permits and be required to utilize erosion control. Councilman Alongi asked if Irene Dannon was involved in this project. Mayor Washburn stated that she was not. City Manager Molendyk explained that in the past the City has not allowed stockpiling of dirt. He asked when this project would start. Public Services Director Tecca stated that it would begin on Monday, November 22nd for excavation of the Channel in that area. i PAGE FOUR SPECIAL CITY COUNCIL MEETING NOVEMBER 18, 1993 i Councilwoman Cherveny asked how grading and compaction works. Public Services Director-Tecca explained that it is spread and compacted in layers. Stockpiling is dirt that is dumped in big piles and not compacted. Councilman Alongi asked how the City would know, in five or ten years, that the two sites were filled and compacted. He stated that they would need core samples before they could build and if that was not done it could cause serious problems. Mayor Washburn stated that this could be noted on the GIs System and when the area is to be built on, it would show as a notation for that property. It was the consensus of Council to allow the fill and compaction of the two parcels and not to allow stockpiling at this time. Staff is to contact EVMWD and see if they can work out a way to use the excess soil. i City Manager Molendyk asked to have ponding of the Channel i addressed. Public Services Director Tecca explained that when the Outflow Channel was designed it was for a 100 year flood and the catch basins were placed above the high water level for just such an event. The problem of ponding was found because the basins do not allow natural run--off to enter the channel caused from the elevation of the road to the basins. Mr. Tecca explained that low flow pipes are being installed in the basins to allow for low flow and will correct the b ck-up and ponding problems. i E GAR . WASHBURN, MAYOR CITXAF LAKE ELSINORE Respectfully submitted, -eel Adria L. Bryning, Deputy ' y Cler AT ST: n VICKI KASAD, CITY CLERK I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 :02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Manager Best, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS a. Update on Baseball Club. (F: 134 . 10) Kevin Haughian, General Manager, Lake Elsinore Baseball Club, announced that to date 1, 325 season tickets and all of the luxury suites have been sold. He noted that the club's initial goal was for 1, 000 season tickets, but based on response this has been revised to 2 ,000. He also noted that of those tickets sold, nearly 1,000 were purchased by Lake Elsinore residents. He presented the proposed "home" and "away" team jerseys, and noted that the game hat is being reworked. b. Update on Outflow Channel Project. (F:92.2) James Lowe, 3 B's Construction, detailed the progress to date on this project. He noted that 75, 000 cubic yards of dirt will be trucked to the stadium site for that project. He detailed the upcoming road closures and alternate solutions, should the rains or flooding become a problem. He also noted that all is progressing well and they are currently awaiting approval from Caltrans for the bridge on Highway 74. He reminded the community that the project administrator for this job is the Riverside County Flood Control District. He further noted value engineering efforts to find ways to reduce the cost of this project. PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 C. Winterfest, 1993 . (F: 64 . 2) Mayor Washburn announced that Winterfest will run from 4 p.m. to 9 p.m. with the Christmas Tree Lighting at 5:00 p.m. and Santa's arrival at 5:30 p.m. He detailed the proposed activities for this event. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 32 and 34. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3, 4, 6, 10, 11, 13 , 14 and 15. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. I. The following Minutes were approved: a. City Council Study Session - October 21, 1993 . (F:44.4) b. Regular City Council Meeting - November 9, 1993. The following Minutes were received and ordered filed: C. Planning Commission Meeting - October 21, 1993. (F:60. 3) d. Planning Commission Meeting - November 3, 1993 . 2 . Received and ordered filed the Investment Report for October, 1993 . (F: 12.5) 5. Approve Agreement for Administration of the General Maintenance for the Library Facility. (F: 68 .1) 7 . Approved Change Order No. 3 - Country Club Heights Trunk Sewer By-Pass Phase IT Sewer Improvements in Community Facilities District No. 88-3 for Riverside Pipeline Inc. for a reduction of $36,239. 43 . (F: 22 .3) 8 . Adopted Resolution of Intention to Change the Street Name of Sylvester Street to Malaga Road - Resolution No. 93-69. (F: 158. 1) RESOLUTION NO. 93-69 A RESOLUTION OF INTENTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF SYLVESTER STREET. 9. Adopted Resolution No. 93-70 Establishing Additional Parking Citation Enforcement Penalties. (F:112 . 1) RESOLUTION NO. 93-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE ESTABLISHED PARKING ENFORCEMENT SCHEDULES AND PENALTIES. PAGE THREE - CITY COUNCIL MINUTES - NOVE14BER 23, 1993 12 . Accepted Grant Deeds for the Purpose of Easement Dedications for Various City Projects at the following locations: (F: 132 . 1) Lot 125, Unit B of Country Club Heights for a 10' Slope Easement. Lots 95 & 97 in Book 16, Pages 59 to 61 for a 10' Slope Easement. Lot 20 in Block 2 of Elsinore Heights Unit #1 for a 7.5' Right-of-Way. Lot 17 in Block 2 of Elsinore Heights Unit #1 for a . 5' Right-of-Way. Outlet Center Phase II for a Drainage Easement. ITEMS PULLED FROM CONSENT CALENDAR 3. Warrant List - November 15. 1993 . (F:12 .3) Councilman Alongi requested that items on the Warrant List such as weed abatement rebates be designated as such. He suggested that the entry for Rasmussen's should be noted as an expense for Halloween. He noted that the check for the Great Main Street Antique Store was for a chair for Santa at the Winterfest; he questioned why the equipment for Santa was not requested from the Downtown Business Association. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 4 . Claims Against the City - BSI Consultants (CL „#93-17) and Steven Dobihal CL 93-19 . (F:52 .2) City Manager Molendyk requested deferral of the claim from BSI Consultants and recommended that the Claim of Steven Dobihal be rejected and referred to claims administrator for handling. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO DEFER THE CLAIM SUBMITTED BY BSI CONSULTANTS AND TO REJECT AND REFER TO CLAIMS ADMINISTRATOR THE CLAIM SUBMITTED BY STEVEN DOBIHAL. 6. Award of Contract - Senior Center Projects (Outdoor Recreational Improvements) - Modcraft, Inc. (F: 144. 3) Councilman Alongi inquired what work will be done as part of this project. He indicated that he did not believe it would include the horseshoe pits and questioned why they were not being done at this time. Community Services Manager Best advised that the horseshoe pit is include as are all other alternatives. Councilman Alongi expressed concern that there is no mention of the horseshoe pits, only grading and retaining walls. Ms. Best indicated that the bids received did include the horseshoe pits and detailed the specifics included in this bid package. Councilman Alongi indicated that he still did not see that mentioned in the staff report PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 and inquired whether it would be one contract or two. Ms. Best indicated it would be only one contract. She further explained that the low bid was rejected because of non-- compliance. MOVED BY ALONGI, SECONDED BY CHERVENY TO POSTPONE THIS ITEM UNTIL ALL INFORMATION IS RECEIVED. Councilwoman Cherveny requested clarification of a "non- responsive" bid. Community Services Manager Best deferred to the City Attorney for this clarification. She noted that Kevin Palmer of the Community Development Agency concurred with the reasons for rejecting the low bidder, in compliance with the C.D.B.G. regulations, as well as approving the contractor proposed as eligible for C.D.B.G. funds. Mayor Washburn indicated that he would not be against this award of contract because he has adequate information. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO AWARD THIS CONTRACT TO MODCRAFT, INC. IN THE AMOUNT OF $89, 386.00. Mayor Washburn announced that the Senior Center has developed a cookbook for sale at a cost of $8 for the first copy and $5 for each additional copy. He commended staff for this effort and a nice finished product. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 10. Authorization for CR & R to place Trash Receptacles for the Lake Edge Clean up on December 11, 1993. (F:163. 1) Councilman Alongi indicated that he would like to see this date moved later in the month to allow for holiday trash and Christmas tree disposal. Mayor Washburn indicated that while he understood the request, he would question it because CR & R picks up trees anyway. He explained that it is felt that a stand alone event would be more successful. Mayor Pro Tem Dominguez indicated that several days had been considered. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO AUTHORIZE CR & R TO PLACE TRASH RECEPTACLES FOR THE LAKE EDGE CLEAN UP ON DECEMBER 11, 1993 . Councilwoman Cherveny inquired whether this would include the County side of the Lake. City Manager Molendyk indicated that they would only be placed in the City, but anyone could utilize the bins. He explained that the City can only authorize use within the City limits pursuant to the contract. Councilwoman Cherveny further questioned the access for County residents. Mayor Washburn indicated that with legitimate lake clean up items there would probably be no problem. City Attorney Harper further clarified that the City can only address City uses under the contract. PAGE FIVE - CITY COUNCIL MINUTES - NOVE14BER 23, 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 11. Acceptance of Ouit Claim Deeds for the Purpose of Water Rights Dedications for Various City Projects. (F: 132 . 1) Councilman Alongi stated his ongoing opposition to this type of action. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ACCEPT THE QUIT CLAIM DEEDS FOR WATER RIGHTS FOR VARIOUS CITY PROJECTS AT THE FOLLOWING LOCATIONS: Southwest one-half of lots 95 & 97 , Unit A of Country Club Heights. Lot 20 in Block 2 of Elsinore Heights Unit #1. Lot 34 in Block 12 of Elsinore Heights Tract Unit #2 . Lot 17 in Block 2 of Elsinore Heights Tract Unit #1. 13 . Demolition of 103 North Scrivener Street. (F: 32.4) Councilman Alongi reiterated his previous concerns with this expenditure of funds without any time element for repayment. He stressed that he has no problem with tearing the buildings down, but he does have a problem with the unlimited period for reimbursement. He further addressed this site with regard to a trash bin on site for over a year, without being addressed by Code Enforcement. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE THIS DEMOLITION AND THAT IN ITEM #14 WITH REPAYMENT TO OCCUR WITHIN 24 MONTHS. City Attorney Harper noted that if the property changes hands in the meantime, repayment would occur at that time. Councilman Winkler noted that it might not be beneficial to sue for the money at 23 months, and suggested that this evaluation be left up to the City Attorney. Mayor Washburn indicated that it was possible to approve the demolitions and condition them to meet the cost recovery policy in place at that time. City Attorney Harper indicated that this could be reviewed and he would not interpret this motion as direction to foreclose. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 14. Demolition of 207 East PotterV Street. (F: 32 . 4) MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS DEMOLITION WITH REPAYMENT TO OCCUR WITHIN 24 MONTHS. 15. Phase II Clean Lakes 314 Grant. (F: 83. 1) Councilwoman Cherveny noted comments in the report that the there is no notable change in the water quality since the aqua-treat program. She suggested that this program should be PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 halted to allow LEMA to do their part and if possible find a solution. She expressed concern with the money spent to date on treatment. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ENDORSE THE PHASE II PROJECT AND DESIGNATE $25, 000 IN THE CITY'S 1994-95 FISCAL YEAR BUDGET FOR THE PROPOSED PHASE II CLEAN LAKES 314 PROGRAM. BUSINESS ITEMS Councilman Winkler requested that item #37 be considered at this time. Mayor Washburn indicated that with unanimous consent it would be moved. Councilman Alongi questioned this action. Councilman Winkler explained that he would request that this item be heard next following a quick closed session regarding acquisition of property. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 7:40 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 7:50 P.M. 37. Methodist Church Parkin Lot - Verbal Report - Requested b Councilman Winkler. (F:134. 10) MOVED BY WINKLER, SECONDED BY WASHBURN TO ACQUIRE THE BUILDINGS BEHIND THE METHODIST CHURCH AT 110, 118 AND 126 W. HEALD; FIRST THROUGH A GOOD FAITH EFFORT TO PURCHASE THEM OR SUBSEQUENTLY EMINENT DOMAIN. Councilwoman Cherveny clarified that this money would be from the General Fund Reserves. Councilman Winkler indicated that he would next pursue action on the next RDA agenda to authorize the purchase of this property from the City, because the Redevelopment Agency cannot use eminent domain. He noted that in the long term the reserves would be maintained. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 31. Second Reading - Ordinance No 967 - Zone Change 93-4 _- The Western Company/Laguna Heights. (F: 150. 2) MOVED BY WASHBURN, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 967 : ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 199 ACRES TO RURAL RESIDENTIAL AND OPEN SPACE (ZONE CHANGE 93-4) , LOCATED ROUGHLY SOUTHWEST OF THE INTERSECTION OF TOFT DRIVE AND GRAND AVENUE: THE WESTERN COMPANY/LAGUNA HEIGHTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 32 . Proposition 172 - Public Safety - Requested by Councilwoman Cherveny. (F: 126. 1) City Manager Molendyk explained that on August 24, 1993, the Council considered the use of private security to supplement the services of the Sheriff's Department. Councilwoman Cherveny has requested reconsideration of this matter. Councilwoman Cherveny stated that Proposition 172 was approved by the voters on the November ballot and there is approximately $108, 000 for public services. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE ALLOCATION OF THE APPROXIMATELY $108, 000 FOR SECURITY OFFICERS TO SUPPLEMENT THE SHERIFF'S SERVICES. Mayor Washburn then called upon the persons who requested to speak on this item: Leon Strigotte, 216 Chaney Street, stated that the voters passed Proposition 172 specifically for Law Enforcement and Public Safety Officers as defined under Penal Code 830 and Private Security does not qualify. He explained that Proposition 172 not only deals with police, but also fire services. Mr. Strigotte quoted an article from the Press Enterprise, November 21, 1993 , which is entitled "Take Back Your Neighborhood" . He explained that solving the crime problem is not done just by hiring more police officers, it is the responsibility of the citizens as well. He further explained that the taxpayer will not receive the same level of service from a security officer. Mr. Strigotte stated that he felt that the $108, 000 should be spent to open up a fire station at the west end of the City, and encouraged the Council to promote a City Reserve Force which would not cost $108, 000 and would get people out who really want to make a difference in the community. He explained that this would have an immediate impact in the community and would aid law enforcement in a positive way. He stated that at next year's budget is when the increase in law enforcement should be considered, but not private security. He commented on the fact that he has not seen the two bicycle patrol officers patrol more than the outlet center and there is a need for them in other areas. Chris Hyland, 15191 Wavecrest, stated that the $108, 000 needs to be used to put more law enforcement on the streets. She commented on a recent incident which occurred in her neighborhood and stated that she welcomes more law enforcement. Councilman Dominguez indicated that he feels that the Council needs the recommendation of professional staff to allow Council to make an informed decision. Councilman Winkler commented on article in the Press Enterprise in regard to "How To Take Back Your Neighborhood" PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 and he explained that it was through Neighborhood Watch, Crime Watch and caring citizens that this effort succeeded. He indicated that it must be approached neighborhood by neighborhood, block by block and child by child. He stated that with dwindling resources it is necessary for the citizens to take control. He explained the problems within the judicial system and suggested that there should be a City staff position, such as a liaison to work in the judicial system and follow up on all arrests and repeat offenders. He further suggested the same position could be present at the arraignment level to confirm the City's position and follow-up on the trials. He stated that a list of all arrests, criminal convictions and housing evictions should be available to the Council, Crime Watch Committee, Apartment Owners and Managers to aid in their effectiveness to keep out the criminal element and prevent problems before they begin. He also indicated that the local cable channel can be used to aid in the control of crime and he suggested that the City continue to pursue drug abatement litigation. MOVED BY WINKLER, SECONDED BY WASHBURN A SUBSIDIARY MOTION TO DIRECT STAFF TO REORGANIZE AND CONSIDER ALTERNATIVES SUCH OVERTIME FOR SWORN OFFICERS, MORE AID TO PATROL, A LIAISON OFFICER FOR CRIME PREVENTION AND COORDINATION WITH THE JUDICIAL SYSTEM; AND REQUESTED THAT THIS ITEM RETURN TO COUNCIL IN TWO WEEKS. Mayor Washburn stated that to address crime there is a need for manpower and to have manpower there is a need for money. He explained that there is an Anti-Crime Bill which is in progress and he has been in contact with Congressman Calvert to work on this issue to support more funds for the City's needs. He commented that it doesn't matter who you are in the community. Hispanic or other, crime is crime and no one in any walk of life wants crime in their neighborhood. Mayor Washburn explained that every year the Council has increased the law enforcement manpower and will continue to do so. He commented that the FBI Crime Report is incorrect and it is not 151 crimes per thousand, but rather 93 crimes per 1000. He stated that there is still a crime problem and it must be addressed, but it is not as bad as what the report stated. Councilman Winkler explained that there are high crime areas in the City and one of them is behind the Methodist Church in the downtown area. He stated that abatement is one way to address this and aggressive action in following up on incidents. Councilman Alongi commented that crime is crime and in the City of Lake Elsinore crime is increasing. He stated in the State Constitution, Amendment No. 1, Chapter No. 41, does not indicate that armed and sworn officers are required; it states that the protection of Public Safety is the first responsibility of the local government or local officials and they have an obligation to give priority to the provisions of adequate public safety service. He explained that this affects all areas of public safety. He stated that he agreed with Councilman Winkler, but that he is addressing crimes already committed and he would like to see crime prevented. Councilman Alongi asked Captain Daniel if the officers did not PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 have to write reports on the recent 52 cars that were stolen, how much sworn officer time would be saved. He stated that he is not opposed to Mr. Winkler's ideas, but he feels that the needs of the community are more immediate. He emphasized crime is crime and defined that responsibilities of the homeowner, in regard to who rents and lives in their homes. He further explained that it does not matter where the City is on the list of crime, it is just not acceptable. Councilman Alongi stated that he wants to see the crime ratio back to what it was in 1968 and 1969. There were no drive-by shootings or violent crimes like there are today and the City was safe then. He stated that 93 crimes per 1000 is still too much and he wants to see it reduced. Councilwoman Cherveny questioned the program that Councilman Winkler is proposing, and asked if it was meant to be done instead of adding officers. She explained that crime-watch is necessary but the City needs more sworn officers. She pointed out that when security officers were used in the downtown area, and there was a major decline in crime. She concurred that the Crime-watch is an aid to the community, but that security officers would offer a deterrent to crime. She explained that the sworn officers are going call to call and do not have the time to patrol. She stated it would be pro- active and not reactive. Councilwoman Cherveny explained that the security officers can be placed in neighborhoods and in high crime areas to help to prevent crime. City Manager Molendyk explained that he has heard several different ways to address the crime in the community, and he had just received a memo from Captain Daniel of a fax from the Department of Justice; that President Clinton has just announced that $150 Billion Dollars be available for assistance to law enforcement agencies. He explained that it is broken down into increments and would supplement up to 75% for salary and benefits for each police officer. These figures can be utilized by staff for further suggestions to the Council by the next meeting. He will distribute this to Council. Councilman Alongi asked that staff consider security guards in their evaluation and suggestions. Mr. Strigotte explained that Riverside Police Department has a full time grant writer and stated that this would expand the ability to acquire more funds and equipment. It is their job to research and apply for monies available for more and better programs and would benefit the program. THE FOREGOING SUBSIDIARY MOTION WAS APPROVED BY A 3-2 VOTE WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. Councilwoman Cherveny called for a vote on the first motion. Mayor Washburn explained that a vote on the first motion was a moot point since the subsidiary motion took precedence. 33 . Use of Community Center - Non-Profit Organizations - Requested by Councilman Alongi. (F: 64.4) Councilman Alongi indicated that he would like this to address PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 23,, 1993 organizations which benefit the total community and would like to use the Community Center, but find it cost prohibitive. MOVED BY ALONGI TO OFFER THE COMMUNITY CENTER ONE TIME PER YEAR FOR NON-PROFIT GROUPS LOCATED IN THE CITY LIMITS, WITH THE CITY MANAGER AUTHORIZED TO DETERMINE WHICH GROUPS ARE QUALIFIED. MOTION DIED FOR LACK OF A SECOND. Mayor Washburn noted that a cooperative program is already in existence. MOVED BY WASHBURN, SECONDED BY WINKLER TO TABLE THIS ITEM INDEFINITELY. Councilman Alongi noted that groups are still asked to pay a deposit, and indicated that this is not uniformly carried out. MOVED BY CHERVENY, SECONDED BY ALONGI AND FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES FOR A SUBSIDIARY MOTION TO OFFER THE NON-PROFIT GROUPS THE OPPORTUNITY TO USE THE COMMUNITY CENTER ONE TIME PER YEAR. THE FOREGOING MAIN MOTION TO TABLE THIS ITEM CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 34. Proposed Cardroom Ordinance No. 969. (F: 34 .1) Mayor Washburn commented on the fact that he had received several phone calls and letters regarding this ordinance. MOVED BY WASHBURN, SECONDED BY WINKLER TO RETAIN THE EXISTING ORDINANCE AND APPROVE ONLY THE FEE SECTION OF ORDINANCE NO. 969. MOVED BY CHERVENY A SUBSIDIARY MOTION TO SEPARATE THE ORDINANCE AND CREATE TWO ORDINANCES TO ADDRESS THE FEE STRUCTURE AS A SEPARATE ISSUE. MOTION DIED FOR LACK OF A SECOND. Mayor Washburn explained that his motion is doing what Councilwoman Cherveny is suggesting. City Attorney Harper clarified the motion and stated that the Original Cardroom Ordinance would remain in effect and the new ordinance would amend fees only. Mayor Washburn concurred. Councilman Alongi asked if this would increase the fees. Mayor Washburn stated that it would. Mayor Washburn called on those persons who had submitted a request to speak as follows: Jack McColley, 29072 Palm View, stated his opposition to more card rooms in the City. He explained that he felt that it would place a strain on public services and that he is not opposed to gambling, but he is opposed to what more card rooms can create. Chris McColley, 29072 Palm View, stated her opposition to an increase in gambling facilities. She stated that it would create problems for public safety and she felt that the monies made in revenue would have to pay for the increase in law enforcement for the casino's and would not truly benefit the public. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 Jeannine Martineau, 29042 Mango Court, stated her opposition to more cardrooms in the City and explained that she felt that it would be a bad image for the community as well as create stress on Public Safety. Jeanie Corral, 16410 W. Lakeshore Dr. , stated her opposition to an increase in cardrooms and stated that a potential of more problems in the community were not needed. She stated that the current casino is an eyesore. Raymond Corral, 16410 W. Lakeshore Dr. , submitted a letter of opposition in regard to the cardroom. Sue Bowen, 167 N. Torn Ranch Road, stated her opposition to more cardrooms. Denise Tompkins, 218 Chaney Street, thanked Council for their efforts in the community and stated opposition to the proposed increase in cardrooms. She thanked Council for their cooperation and the improvements on Chaney Street. Leon Strigotte, 216 Chaney Street, spoke in opposition to cardrooms and stated that he felt that the newspapers did not do a good job of reporting the past history of the casino and the problems they have had. He stated that he felt that gambling casino's affect the quality of life in the community and that the public should vote in a public election to decide if they wish to have gambling in Lake Elsinore. He called for proper policing on the existing casino. Charles Cook, 16282 Grand Avenue, spoke in opposition to an increase in cardrooms and stated that he felt that it would create an undesirable environment. He commented that the City should encourage developers to do more things for the kids as they should be the City's primary priority. Will Buck, 29610 Hague, spoke in favor of more cardrooms in the City and gave a brief history of the existing cardroom and the increase in fees. He explained the reasons why it would profit the City and stated that the City of Bell Gardens has its entire budget for police and public works supported by the cardrooms. He asked that Council consider passage of the existing Ordinance No. 969. Larry Regis, 20930 Malaga Road, explained that the casino is not owned by professional casino owners, and that the new owners are in the process of improving the existing cardroom, hotel, restaurant and party center, but it will take time. He explained that they are not trying to avoid paying their fair share but the new fees would stress the owners and he asked that Council consider graduating the fees. Councilman Alongi stated that he felt that the card room is a quality facility and that the new owner and management is improving the existing facility to the highest quality and he stated that Council might want to contact Captain Daniel and check to see how many call's the Sheriff's Department receives from the casino. Mr. Alongi commented that he enjoys the sport of cards and feels there is nothing wrong with it. He explained that the owners are working on the interior and will i t PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 230 1993 address improvements for the exterior next. Councilman Dominguez stated that the casino is good recreation and there have been very few problems. He commented that when he moved to Lake Elsinore there were three cardrooms and that it was his choice to live here. He felt that it was the same for anyone else, they had the right to move here or not, since there was a cardroom in existence when they bought. He stated that in 1960 the issue was taken to the voters and they choose to keep the cardrooms. Councilwoman Cherveny stated her concern in regard to the fees and explained that the owners of the casino are investing a lot of money to make improvements and have a quality business in the City and she would like to see Council graduate the fees and not create a burden on the owner. Councilman Winkler pointed out that Council has set2046Xhigh standrds on any business who builds in the City and he felt that it was only fair that this apply to all businesses. If the Council made an exception for one, then the other businesses would have the right to expect the same. City Attorney Harper explained that the motion was to exclude everything but the fee structure. THE FOREGOING MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE ORDINANCE NO. 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5 . 28 . 060 OF THE MUNICIPAL CODE REGARDING FEES FOR CARD ROOMS. AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35 . Discussion of City Election Data & Ballot Measures - Verbal Report - Requested by Councilwoman Cherveny. (F: 72. 1) Councilwoman Cherveny commented on the prior approval to move the Municipal Election dates, based on the projection that it would be a better turnout. She inquired whether the Board of Supervisors had yet approved this change. City Clerk Kasad reported that based on a conversation this date, the matter would be going before the Board of Supervisors in approximately two weeks. She further noted that the consensus of April Election cities appeared to be to accept this change. MOVED BY CHERVENY, SECONDED BY ALONGI TO TABLE THIS ITEM FOR TWO WEEKS. Mayor Washburn offered the floor to City Treasurer Pape, who initiated this change. Mr. Pape deferred to the next discussion in two weeks. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. Discussion of Council Comments - Verbal Report - Requested-by Councilman Alongi. (F:44. 1) Councilman Alongi expressed concern with the recent actions to defer Council Comments until the end of the Redevelopment Agency Meeting, denying the Council t.v. time. He indicated that he would like to see the Council comments remain as scheduled on the agenda so the Council can get important items out to the viewing audience. He indicated that this shift causes an unfair balance of Council time. He stressed that he does not like to see Council Comments put off until after the t.v. shuts off. He suggested that if all Councilmembers limit their comments, they can all get their points across. Mayor Washburn indicated that this discussion has no substance in that it is a procedural matter detailed in Roberts Rules of Order. He clarified that movement of items is acceptable with no objections being stated. He noted that any Councilmember has the ability to object such a shift. He stressed that Roberts Rules is clear on this issue. Councilman Alongi indicated that the Council does not follow Roberts Rules because they are not required to. He stressed the Council's right to discussion. Mayor Washburn stressed the procedure, apologized for Councilman Alongi and declared him to be out of order. 38. Urgency Ordinance No. 970. (F: 76.2) Mayor Washburn proposed additional of Urgency Ordinance No. 970 relating to fire clearance in spite of K-Rat habitat, be added to this agenda. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADD THIS ITEM TO THE AGENDA. Mayor Washburn indicated that the Riverside County Habitat Conservation Agency had requested that this ordinance be brought forward to all impacted agencies for approval. He explained that it would allow for fire clearance around structures to prevent concerns which arose during the recent fires. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 970 AND DIRECT THE CITY CLERK TO TRANSMIT TO BRIAN LOEW AT THE RCHCA: ORDINANCE NO. 970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PERMITTING CLEARING OF BRUSH FOR FIRE PROTECTION PURPOSES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Catherine Creech, 29880 Hursh, commented on law enforcement and a recent occurrence of shots being fired at her home. She expressed concern with the response time of approximately 20 minutes, and noted a previous occurrence for which the response time was one hour and 40 minutes. She indicated that she was pleased with the passage of Proposition 172 and supported its use of additional law enforcement, Ray Creech, 29880 Hursh, further commented on the incident which occurred at his home and stressed the importance of residents being aware of and prepared for this type of incident. He stressed the need for a few more officers. Mayor Washburn expressed his condolences and understanding of this situation. Chris Hyland, 15191 Wavecrest, indicated that while she is happy the Stadium has sold over 1, 000 seats, but questioned why the City had reserved 100 seats and other comments relating to the sale of tickets. She indicated that based on the comments she has heard, she would be expecting her two front row, team side tickets for the cost of sales tax only. She indicated that based on the responses she has received from the Baseball Team General Manager and the City Manager, someone is lying. Nido Ryal, 223 Chaney Street, commented on the proposed Chaney Street improvements. He expressed concern that they are being done based on cost rather than safety. He further expressed concern with the proposed removal of the guard rail adjacent to his home and reminded the Council of the accident that occurred there in 1989 . Richard Bullard, representing Classic Western Productions, commented on the recent Sierra Circuit Rodeo presented by that organization. He thanked the City, the Chamber of Commerce, the Fire Department, the School District, the Elks and all other volunteers for their support ,of this event. He noted the increased revenues the event drew to the community through its restaurants, hotels and stores. He stressed the organizations efforts to bring a positive name to the community and expressed concern that not more of the community was present to support the event. CITY MANAGER COMMENTS City Manager Molendyk commented on pending workshop topics and indicated that the School District would also like a joint workshop to look at goals and projects, CITY COUNCIL COMMENTS Councilwoman Cherveny commented on the following: 1) Announced that S.S. Burger Basket would again be serving PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 Turkey Dinner for the needy on Thanksgiving Day from 11 a.m. to 4 p.m. 2) Would like more information on the Citizen's Crime Watch Committee; is curious based on t.v. advertisement. 3) Winterfest event, children will have an opportunity to see Santa at this event as well as at Albertsons, Stater Bros. , etc. 4) Receipt of copy of M.R.C. report on the sales tax audit; they found $11, 865 in new taxes, projected to reach $41,250 next quarter. 5) Attendance at Senior Center Bazaar; many groups were participating. Advised that despite a flier distributed the Golden Spectrum organization is alive and well. 6) Noted letter from Debbie Kramer regarding Little League boundaries. Suggested that the issue be researched to prevent children being excluded. 7) Received a call from a gentleman furious with City Hall, because the parents of soccer players at Terra Cotta Park received parking tickets. Need to look at providing adequate parking. Councilman Winkler stressed the danger of parking on the street in this area. 8) Noted letter from Debbie Renfrow regarding cancellation of the Christmas Parade. She indicated that she would like to see this budgeted and scheduled again next year. 9) Announced the H.O.P.E. food and toy drive for Christmas, as well as the Christmas party scheduled for December 17th. 10) Delinquent trash bills, expressed concern with the letter sent out through the City. CR & R should be handling billing. She expressed concern with the City harassing the residents for payment and indicated that CR & R should be obligated to handle it. 11) Noted that she attended the Sierra Circuit Rodeo. Councilman Winkler commented on the following: 1) Soccer field use and parking at Terra Cotta; noting that there is additional adequate parking in the school parking lot. He stressed the danger caused by limited visibility for cars turning left on to Grand Avenue and children in the area of the cars parked along the curb. He requested that the City Manager contact the School Board representatives to address this issue, noting that informal discussions have already occurred with Boardmembers. 2) McVicker Park, when will construction begin? City Manager Molendyk indicated that the Council would be receiving a memo on this item, but the project is underway. PAGE SIXTEEN - CITY COUNCIL MINUTES NOVEMBER 23, 1993 3) Amber Ridge is close to receiving sewers. Bids are out and expected to be opened soon. 4) Noted that he bought season tickets for the Stadium at full price. Questioned the comments about special deals being given. Councilman Alongi commented on the following: 1) Will reserve some comments for Councilman Winkler, the Sun Tribune and the Chamber of Commerce because the meeting is not being televised. 2) Sierra Circuit Rodeo, stressed the importance of non- profit organizations working together. He stressed the existence of Rodeo Grounds and expressed concern with the non-cooperation of the chamber. He noted that this Rodeo could have made a profit if the Rodeo Grounds had been made available. 3) Mr. Creech, indicated that this incident possibly could have been prevented. He stressed the need to listen to the experts and go forward. Mayor Pro Tem Dominguez commented on the following: 1) Reminded the Community to participate in Winterfest. 2) Noted that he also bought season tickets. Mayor Washburn commented on the following: 1) Efforts of S. S. Burger Basket to serve Thanksgiving Dinner. Requested recognition of them at the next meeting. 2) Announced that Miss Lake Elsinore, Shannon Hughes was named Princess at the Indio Date Festival. 3) Concerns with the media. Indicated that he is disturbed with Councilman Alongi's press conference. Mr. Alongi indicated that this was an interview requested by the press. Mayor Washburn expressed further concern with the press and their comments regarding the locations where crimes occur. He stressed that many incidents reported in the City actually occur in Sedco Hills, Wildomar or other unincorporated areas. He expressed concern with the impact of these items on the economics of the community. 4) Classic Western Productions Rodeo, concurred it is an important event to draw people to the community, but expressed concern with the comments that it was the Chamber's fault they lost money. He stated that Classic Western was offered the use of the facility for $5, 000. He suggested that possibly a compromise could have been reached. 5) Requested that the City Attorney draft a policy for agendizing items. He indicated that he feels a misuse is occurring and the existing policy is not sufficient. PAGE SEVENTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 CLOSED SESSION None. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCI MEETING AT 10:09 P.M. GARY M. ASHBURN, MAYOR CITY O�' LAKE ELSINORE A TE T: < l S , CITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA December 2, 1993 CALL TO ORDER The Special City Council Meeting was called to order by City Clerk Kasad at 2 :31 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN, WINKLER ADJOURNMENT The Special City Council Meeting was adjourned due to lack of a quorum at 2 :32 p.m. � ' ITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, DECEMBER 6, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 2 : 35 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Special Projects Manager Wood, Public Services Director Tecca, Community Development Manager shear, City Planner Leslie, Community Services Manager Best and City Clerk Kasad. BUSINESS ITEM 1. Memorandum of Understanding with Public Employees Association of Riverside County, Inc. (F: 116.2) City Manager Molendyk explained that this is the annual Memorandum of Understanding with the Riverside County Public Employees Association; and noted that the representative was in the audience to respond to any questions from Council. He advised that Management and the Association have reached agreement and recommended approval of the proposed Memorandum of Understanding. MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC EMPLOYEES ASSOCIATION OF RIVERSIDE COUNTY, INC. RECESSED TO REDEVELOPMENT AGENCY MEETING AT 2 : 37 P.M. RECONVENED THE SPECIAL CITY COUNCIL MEETING AT 2 : 47 P.M. BUSINESS ITEM 2. Request to Amend Design Review Approval C 93-3 to Allow Modified Retaining Wall in Conjunction with„the_Lake Elsinore City Center on Grape Street (Oak Grove Equities) . (f: 150.2) City Manager Molendyk explained that the applicant had not planned to be at this meeting and thought that he had been continued. Mr. Schleuniger, the applicant, indicated that he does not have his engineers available for this meeting and felt that he needed one more meeting with staff before he was ready to come before Council. Mr. Molendyk stated that he understood that there would be a presentation regarding their alternative to the original plan at this time. MOVED BY ALONGI, SECONDED BY CHERVENY TO DENY THE REQUEST FOR PAGE TWO SPECIAL CITY COUNCIL MEETING DECEMBER 5, 1993 MODIFICATION TO THE RETAINING WALL IN CONJUNCTION WITH THE LAKE ELSINORE CITY CENTER. Councilman Winkler stated that Council had nothing in front of them for a decision at this time. Councilman Alongi stated that the item appeared on the Agenda to give the Council the opportunity to review the changes that they are proposing; however they are not present and his motion was to deny the request. Councilman Winkler asked why it would not be possible to give them a change to present their idea. He explained that they are already on record as having to continue what they are doing. Councilman Alongi explained that when they were present the last time, he thought this issue was settled. He commented that he was under the impression that they were on a tight time line, and a decision had to be reached. That time has passed and now they are back with more plans, but no costs, no scaled drawings of the proposed project and again it proposes to move the wall forward which is not what he wants to see for the project. Councilman Alongi further commented that Councilman Winkler stated that he did not want to hear the project again unless the applicant had a dramatic change for consideration. He stated that because the City of Lake Elsinore is a partner in this project with Oak Grove Equities, through sales tax and tax increment, in the amount of $3 ,000, 398 . 56, the City should make evident to Oak Grove Equities that the original plan is what has been accepted and nothing else. Mr. Alongi explained that if they want to modify the project he feels that they should file an application with the Planning Department and proceed in the regular routine, just like any other developer. Councilman Winkler stated that he met with the developers, and looked at their proposal and it is substantially different than what they talked about at the last meeting. He stated that it appeared that it would actually be an improvement over the other proposals. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A 3-2 VOTE WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO CONTINUE THE REQUEST TO AMEND DESIGN REVIEW APPROVAL (C 93-3) TO ALLOW MODIFIED RETAINING WALL IN CONJUNCTION WITH THE LAKE ELSINORE CITY CENTER ON GRAPE STREET (APPLICANT: OAK GROVE EQUITIES) TO THE NEXT MEETING. There was general discussion in regard to size and set-back of retaining walls and their appearance. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 2:58 P.M. TE T: �w G M. WASHBURN, MAYOR l ^ ' C Y OF LAKE ELSINORE V CKI SAD, CITY CLERK MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, DECEMBER 22, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 9 : 00 a.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Sapp, Engineering Manager O'Donnell, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood and City Clerk Kasad. CONSENT CALENDAR MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Councilman Alongi requested that the motion regarding item number 2 be amended to include the provision of a plaque on the vessel recognizing the contribution's donors. WITH THE APPROVAL OF THE MAKER AND THE SECOND, THE MOTION WAS AMENDED TO INCLUDE THIS PROVISION. Councilman Alongi questioned the funding of Alternatives to Domestic Violence by the C.D.B.G. Grant funds and inquired how the funds would be administered now that the Human Services Center is no longer operating. Community Services Director Sapp explained that the funds will still go to that organization, but the County will be administering the program for City residents. Councilwoman Cherveny inquired where the office is for this organization. Mr. Sapp indicated that they are currently located at the Employment Development Department office. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 1. Approved Final Parcel Map 27852 relating to the Lehr Property. (F: 134 .10) 2 . Accepted Donation of 23 foot I.M.P. Boat (CF #1037) & Tandem Trailer (#PU6029) from Paul Mickel for use in the operation of Lake Elsinore. (F:48 . 1) 3 . Approved 19th Year C.D.B.G. Supplemental Agreements and authorized signatures and transmittal. (F: 84.2) 4 . Approved Cancellation of Regular City Council Meeting for December 28, 1993 . (F:44 .1) PAGE TWO - SPECIAL CITY COUNCIL MEETING - DECEMBER 220 3993 ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING �WAS ADJOURNED AT 9: 03 A.M. 1. 1o� ' GAR�OF . WASHBURN, MAYOR CIT LAKE ELSINORE A TEST: ICKI KASAD, CIT CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA FRIDAY, DECEMBER 10, 1993 , 8 : 30 A.M. CALL TO ORDER The Special City Council Meeting was called to order at 8 : 30 a.m. by Mayor Washburn. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS : ALONGI , CHERVENY, DOMINGUEZ , WINKLER, WASHBURN ABSENT: COUNCILMEMBERS : NONE Also present were: City Manager Molendyk, City Treasurer Pape, Administrative Services Director Boone, Public Services Director Tecca, City Planner Leslie and Deputy City Clerk Bryning. BUSINESS ITEM 1 . Affirmation supporting realignment of City Council Elections . MOVED BY WASHBURN, SECONDED BY WINKLER TO APPROVE THE AFFIRMATION SUPPORTING REALIGNMENT OF CITY COUNCIL ELECTIONS . MOVED BY CHERVENY, SECONDED BY ALONGI AND FAILED BY A 2 - 3 VOTE WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES TO RECONSIDER THE CITY ' S POSITION ON ORDINANCE NO. 965 AND NOT CHANGE THE CURRENT COUNCIL ELECTIONS UNTIL THE FOLLOWING TERMS TO ALLOW A BETTER TRANSITION. Mayor Washburn then called for a vote on the main motion. Councilman Alongi called for discussion. Mayor Washburn stated that he had called for the motion and asked Mr. Alongi if he was in favor or not . Councilman Alongi stated that he felt the Mayor was trying to railroad the Council by not allowing proper discussion before taking the vote. He stated that the Mayor is in violation of City Council Policy by not allowing discussion. Mayor Washburn then called for the vote and stated that he was opposed to further discussion. Councilman Winker stated that he was opposed to further discussion. Councilman Dominguez stated he was opposed to further discussion. PAGE TWO - SPECIAL CITY COUNCIL MEETING - DECEMBER 10 , 1993 THE FOREGOING MAIN MOTION WAS APPROVED BY A 3--0 VOTE WITH ALONGI AND CHERVENY ABSTAINING. MOVED BY WINKLER, SECONDED BY WASHBURN TO REMOVE ANY ITEM REGARDING THE ELECTION FROM THE CITY COUNCIL MEETING AGENDA OF DECEMBER 14 , 1993, BECAUSE IT IS A MOOT POINT. THE FOREGOING MOTION WAS APPROVED BY A 3-0 VOTE WITH ALONGI AND CHERVENY ABSTAINING. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WASHBURN AND CARRIED BY 3-0 VOTE WITH ALONGI AND CHERVENY ABSTAINING TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 8 : 33 A.M. 199 f v GARY A. WASH UR , MAYOR CiTf,PF LAKE ELSINORE Respectfully submitted, c �8ria L. Bry ing, Depu City erk AT ST: VICKI KASAD, CITY CLERK i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 14, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Re Dort on Outflow Channel. (F:92 .2) James Lowe, 3 B's Construction, advised that this project is on schedule and a bit ahead of schedule. He further advised that an expanded channel currently exists from Sumner to Riverside Drive. He noted that emergency plans are underway for the potential seasonal rains and the need to allow for drainage from the Lake. He commented that they have a corporate commitment to work through the holiday season on this project, rather than recognizing their annual shutdown. He detailed upcoming work and noted that Riverside Drive and Lakeshore Drive will be closing down on January 3rd and Graham Avenue will be closing on January 10th. Councilwoman Cherveny questioned the simultaneous closure of Graham Avenue and Lakeshore Drive and inquired how long these roads would be closed and the appropriate alternate routes. Mr. Lowe indicated that Sumner and Heald would serve as alternate routes, however Graham Avenue was anticipated to be shut down for only 60 days. He noted the impact of GTE trunk lines in the area and timing for related work. Councilman Alongi inquired whether problems would continue in the area of Riverside and Gunnerson during the rainy season. Mr. Lowe requested clarification of this location. Mr. Alongi indicated that it was on the far side of the Riverside bridge. Mr. Lowe clarified that their project would not address that area due to the environmentally sensitive nature. Mayor Washburn noted the request of Mr. Dick Knapp to address PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 14, 1993 this item and deferred his comments to the Public Comment Section. B. Presentation - S. S. Burger Basket. (F:56 . 1) Mayor Washburn commented on the efforts of this establishment to provide Thanksgiving Dinners for less fortunate members of the Community. He estimated that the cost of this effort was in excess of $3 , 000. He stressed the Community service provided and showed the City tile plaque which would be presented to S. S. Burger Basket. C. Presentation -- King Videocable. - Tom Thomas. (F: 108 . 15) Mayor Washburn called Tom Thomas and Captain Wayne Daniel to the podium for presentation. He presented Tom Thomas and King Videocable with a City tile plaque for their efforts on the United Way Telethon and noted that the Telethon had raised over $22, 000. Tam Thomas accepted the plaque on behalf of the committee and noted that in addition the Telethon, employee contribution programs had boasted the total contributions to $42 ,000. He noted the high level of support and assistance provided by Captain Wayne Daniel during the Telethon and in preparation for the Telethon. Captain Daniel commented on the efforts of Tom & Dee Thomas, Bill Starkey, Sarah Coleman, Vick Knight, Bob Harris and the other volunteers who donated many hours to the effort. He noted that the United Way returns more dollars to this community than those raised by the Telethon and stressed the positive impact of these funds on the community. D. Presentations - Winterfest. (F: 64 .2) Mayor Washburn commented on the success of the Winterfest event and noted the support of merchants for the event. He detailed the festivities and thanked the merchants for their voluntary provision of hot drinks and cookies for the attendees. He presented Certificates of Appreciation to Rick & Sherry Kunstel, Inland Empire Lock & Key; and Ora Brimer, Main Street Trading Post. Mayor Pro Tem Dominguez presented Lilia Arciaga & Linda Nepper, A Touch of Heaven with a Certificate of Appreciation. Ron & Nancy Olin, The ]Enchanted Castle and Miguel & Rosie Topete, La Unica, were not present for presentation. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address items nos. 21 & 32 and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 , 5, 9, 11, 12, 13, 14, 16. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 14, 1993 1. The following Minutes were approved: (F: 44 .4) a. Adjourned Regular City Council Meeting - November 10, 1993 . b. City Council Study Session - November 16, 1993 . C. Special City Council Meeting - November 23 , 1993 . d. Regular City Council Meeting - November 23 , 1993. e. Special City Council Meeting - December 2, 1993 . f. Special City Council Meeting - December 10, 1993 . The following Minutes were received and ordered filed: g. Planning Commission Meeting - November 17, 1993 . (F:60.2) 3 . Received and ordered filed the Building Activity Report for November, 1993 . (F:32 .2) 4. Received and ordered filed the Code Enforcement Activity Report for November, 1993 . (F:54 . 1) 6. Accepted San Jacinto River Channel Easement for Construction and Use from Sportsman's Lodge, a General Partnership and directed the City Clerk to record the document. (F:156.2) 7 . Approved Change Order No. 8 for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements in Community Facilities District 88-3 , West Lake Elsinore, for Summit Grading & Paving, Inc. (F: 22 . 3) 8. Accepted Notice of Completion for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements in Community Facilities District 88-3 , West Lake Elsinore, for Summit Grading & Paving, Inc. (F: 22. 3) 10. Accepted of Drainage Easement Deed for Portion of APN #379- 180-004 from Westlink Property. (F: 132 . 1) 15 . Accepted Donation of Land at Lot 156 on Iowa Street from the Estate of Emma A. Banner. (F:48. 1) 17. Approved Public Hearing Date of December 28, 1993, for the following: a. Street Name Change of Sylvester Street from Lake Elsinore Diamond East to Mission Trail. (F: 158 . 1) ITEMS PULLED FROM CONSENT CALENDAR 2 . L.E.A. F. Animal Control Activity Report - October and November, 1993 . (F: 18 . 2) Councilman Alongi thanked and commended L.E.A.F. 's staff and volunteers for their efforts throughout the year. MOVED BY ALONGI, SECONDED BY CHERVENY TO RECEIVE AND ORDER FILED THE L.E.A. F. ANIMAL CONTROL ACTIVITY REPORT FOR OCTOBER AND NOVEMBER, 1993. PAGE FOUR - CITY COUNCIL MINUTES - DECEMBER 14, 1993 Councilwoman Cherveny extended her thanks to L.E.A.F. staff for their assistance in removing a possum, a skunk and a cat from her office. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 5. Warrant List - December 2 1993 . (F: 12 . 3) Councilman Alongi questioned warrant #33512 to the Lake Elsinore Chamber of Commerce in the amount of $1,425. 00. City Manager Molendyk indicated that he believed that was the City°s participation in a new directory. MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST OF DECEMBER 2 , 1993 , AS PRESENTED. 9. Stop Sian Controlled Intersection - Graham Street and Alley Intersection behind City Hall - Resolution No. 93-71. (F: 162 .2) Councilman Alongi inquired whether the stop signs would stop only the alley traffic, or also the cross street. City Manager Molendyk advised that it was only for the alley traffic. Public Services Director Tecca indicated that the sign would only stop the alley because of limited visibility. Councilman Alongi inquired whether anything could be done to address the poor visibility. He asked if there was an ordinance which would prevent obstruction of visibility. Mr. Tecca indicated that the current ordinance only addresses intersections of streets, not alleys. Councilman Alongi inquired whether there should be another ordinance to address alleys. He expressed concern with the use of stop signs, when there should be a vehicle to require that the obstructions be prevented. He stressed that if the obstructions were removed, the stop signs would not be necessary. Mr. Tecca indicated that he could not think of another situation like this one. He noted that even with removal of foliage, visibility would be a concern. Mr. Alongi indicated that he was looking for a way to prevent obstruction of alleys. Mr. Tecca indicated that staff could review this possibility. City Attorney Harper concurred that it could be reviewed, but noted that enforcement might be a problem, if the obstruction is an approved structure. He concurred that bushes and trees could be addressed. Mr. Alongi noted that there is the same problem at Peck and Graham. Mayor Washburn inquired whether there has been accidents at the location in question. Mr. Tecca indicated that there have not, but a number of complaints have been received. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-71 AND DIRECT STAFF TO REVIEW THE POSSIBILITY OF AMENDING THE EXISTING ORDINANCES. RESOLUTION NO. 93-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 11. Renewal of Contract for On-Call Surveying Service - Fiscal Year 93Z94 - The Keith Companies-Inland Empire. (F: 68.1) Councilman Alongi expressed concern with the same issue he PAGE FIVE - CITY COUNCIL MINUTES - DECEMBER 14, 1993 raised with the previous year's contract. He indicated that he would like to see a limit on the amount of work, with excessive amounts subject to review, to provide for some control on the dollars spent. Mayor Washburn questioned the current use of this service. City Manager Molendyk advised that records are kept of the work and most projects are limited to one or two days of survey. Public Services Director Tecca clarified further indicating that most survey projects are limited to 1% of the project. He noted that a number of bids were received for this contract and the price ranges are all similar. Mr. Molendyk requested clarification of the type of work contracted and how long each project would take. Mr. Tecca indicated that the total bill for these services last year amounted to only about $33, 000, including the San Jacinto Channel, Downtown East project, etc. Councilman Alongi stressed that he would like to assure control over the jobs. He suggested that projects in excess of $5, 000 be subject to review. Mr. Tecca indicated that each set of plans is reviewed and the Keith Company provides a not to exceed estimate prior to doing the survey work. Mr. Molendyk further noted that this is an effort to guarantee rates for the next year. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RENEWAL OF THE CONTRACT WITH THE KEITH COMPANIES-INLAND EMPIRE, INC. FOR PROVIDING ON-CALL SURVEYING SERVICES AND PERFORMING AS THE CITY'S SURVEY CREW FOR FISCAL YEAR 1993/94 . 12 . Chancre Order No. 2 for the Graham Avenue Landscape Project. (F: 95.2) City Manager Molendyk indicated that this item should be moved to the Redevelopment Agency Meeting for consideration; and it was deferred to that time. 13 . Notice of Completion for the Graham Avenue Landscape Project. (95. 2) City Manager Molendyk indicated that this item should be moved to the Redevelopment Agency Meeting for consideration; and it was deferred to that time. 14 . Maintenance Contract for Street Name Traffic Warning Signs, and Related Devices. (F: 148 . 1) Councilman Alongi inquired what account this money was coming out of. City Manager Molendyk indicated that this was part of the Public Works Street Maintenance Fund and not from the Capital Improvement fund. MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR MAINTENANCE OF STREET NAME, TRAFFIC WARNING SIGNS AND RELATED DEVICES TO SIGNS PLUS IN THE AMOUNT OF $29 , 139.50. 16 . Entry License Agreement - Lehr „Family. (F: 134 .7) (X: 134 . 10) Councilman Alongi requested an explanation of this item. City Attorney Harper indicated that it was a housekeeping agreement which could have been included in the Option Agreement if the PAGE SIX - CITY COUNCIL MINUTES - DECEMBER 14, 1993 issue had been raised. He explained that it allows access to the Stadium site via the Lehr°s adjacent property for specified reasons, such as grading. Councilman Alongi inquired whether this meant work was occurring without an agreement. Mr. Harper indicated that this merely tightened up the existing agreement. Councilman Alongi inquired whether this involved the removal and replacement of dirt and whether it was the same agreement included in the Redevelopment Agency packet. Mr. Harper indicated that he would need to review the agreement further. Mr. Alongi requested further discussion by the Redevelopment Agency. Councilwoman Cherveny inquired whether this was the same agreement as that in the Redevelopment Agency packet. Mr. Harper advised that it was, because the City and the Agency would be parties to the agreement. Mr. Harper clarified that dirt was removed by a contractor and this amendment had been reached to address the situation. Mr. Alongi further indicated that he would like to discuss this item as the Redevelopment Agency. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS ENTRY LICENSE AGREEMENT ON BEHALF OF THE CITY. PUBLIC HEARING 21. Public Hearing on the Proposed Street. Name Change of Railroad Canyon Road to Diamond Drive. (Fo158 . 1) City Manager Molendyk explained that this street name change is proposed in connection with the construction of the Lake Elsinore Stadium. He further explained that the intent would be to promote the Stadium on the I-15 freeway. He detailed the notices mailed out and the responses received from Pardee Construction Company, the City of Canyon Lake, the County of Riverside Transportation and Land Management Agency, Melvine & Louise Higbee, Dr. & Mrs. Thomas F. Jessup, Joseph & Edna Price, Carolyn Vosburgh, and Pacific Coast Homes. Mayor Washburn opened the public hearing at 7:44 p.m. asking those persons interested in this item to speak. The following people spoke: Annabelle Bates, 22794 Grey Fox Drive, Canyon Lake, representing the City of Canyon Lake, stressed the history and identity Railroad Canyon Road brings to the area. She applauded the City°s efforts on the Stadium and Baseball Club and noted the support Lake Elsinore businesses receive from Canyon Lake residents. She agreed that the name change would probably make a lot of sense , but requested that it only impact the portion of Railroad Canyon Road between I-15 and the Stadium. She further stressed the historical significance of Railroad Canyon to Canyon Lake and Menifee. She expressed concern with the impact of the proposed name change on existing businesses with Railroad Canyon addresses. John Zaitz , 30279 Clear water Drive, Canyon Lake, representing the Canyon Lake Property Owners Association, noted that he is a season ticket holder for the Stadium, but expressed concern with the proposed name change. He noted similar facilities in other communities and stressed that the street names have not i I PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 been changed in the areas around Angel Stadium and Disneyland. He requested that the Council give consideration to changing only the portion of Railroad Canyon west of the freeway. Jeff Butzlaff, City Manager, City of Canyon Lake, concurred with the comments of Councilmember Bates and Mr. Zaitz and indicated that he was also representing the Canyon Lake Chamber of Commerce. He noted the City of Canyon Lake's strong support of the City's efforts on the Stadium and Baseball Team. He noted that additional concerns relate to the potential for a street name change on the other side of Canyon Lake relating to the Audie Murphy Ranch project. He stressed the importance of Railroad Canyon Road to the continuity and integrity of the surrounding community. Mayor Washburn closed the public hearing at 7: 52 p.m. Mayor Pro Tem Dominguez indicated that he is in favor of retaining Railroad Canyon Road to the East of the freeway. Mayor Washburn concurred with this position and further stressed the historical significance of Railroad Canyon Road. He noted that if this is not the final decision of the Council, he would pursue signage to note that this is the "historical Railroad Canyon Road" . MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 93-72, CHANGING THE NAME OF RAILROAD CANYON ROAD FROM THE I-15 FREEWAY WEST TO THE LAKE ELSINORE DIAMOND TO DIAMOND DRIVE. Councilman Winkler questioned Caltrans policy for signage and whether it would be signed for both street names in both directions on the I-15 freeway. Public Services Director Tecca indicated that he had spoken with Caltrans this date and while they do not have a firm policy, they would strongly discourage this type of delineation. He noted that even with this position, there is a great deal of precedent existing in other areas to support this action. City Manager Molendyk stressed that the City would be paying for the new signs. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. APPEAL 22 . Appeal of Nuisance Abatement Action - Floyd Jackson. (F: 21. 1) City Manager Molendyk explained that this item involves a storage container which has been placed on Mr. Jackson's property. Floyd Jackson, 14074 Honeysuckle Lane, Whittier, indicated that he had checked with the planning department before he bought the container to assure that it would be legal within the existing zoning. He was told it would be o.k. and purchased and placed the container the next day. Mayor Washburn inquired when this question had been posed and to whom. Mr. Jackson indicated it has occurred in the last year and he had spoken with Armando in the Planning Department. PAGE EIGHT -- CITY COUNCIL MINUTES a DECEMBER 14, 1993 Mayor Washburn questioned the purpose of the container. Mr. Jackson indicated that it is for storage of tools and materials for maintenance of the property. He noted that he believes his lot is one of the cleanest in the area. He offered to work with the City on options. Councilwoman Cherveny inquired how long the container had been at this location. Mr. Jackson indicated that it had been there for 8 or 9 months. Mayor Washburn questioned the Nuisance Abatement Action on this matter. Councilman Alongi indicated that there had been no choice but to enforce the ordinance. Mr. Alongi further noted that Mr. Jackson's lot is exceptionally clean and he does not have a problem with the container in this area. He noted that the Municipal Code only allows for such a container when there is another structure for which the container is supplemental. He stressed that he doesn't feel the container is a visual nuisance. Mayor Washburn noted similar situations in more rural areas and the ability to provide a means of screening such a container. Councilwoman Cherveny inquired whether Mr. Jackson owned this container. Mr. Jackson confirmed that he had purchased it for approximately $1, 600. Mrs. Cherveny inquired whether he would have another location in which to place it. Mr. Jackson indicated he was not certain. Councilwoman Cherveny indicated that she appreciated Mr. Jackson's effort to check with the Planning Department before he purchased the container, although the information received was unfortunately not accurate. She recommended a waiver of the code requirements in this situation. City Attorney Harper indicated that it was his understanding that the staff member had understood that there was an existing structure on the property, to which this container would have been an accessory building. He indicated that it appeared to be a case of miscommunication. Mr. Jackson indicated that he had told the staff person that there was no structure and no address for the property. Mayor Washburn inquired whether Mr. Jackson had obtained a letter of approval. Mr. Jackson indicated he had not. MOVED BY CHERVENY, TO WAIVE THE CODE LIMITATION AND ALLOW THE CONTAINER TO REMAIN ON THE PROPERTY. Councilwoman Cherveny stressed the location and level of maintenance on the property. City Manager Molendyk requested clarification of the motion and questioned the potential of the property changing hands and a change in the level of maintenance. Mayor Pro Tem Dominguez indicated that at the time any permits are requested for this property, the container should be addressed again. Councilman Alongi commented that the container would be allowed if there was a business on the property. City Manager Molendyk requested clarification that the Council PAGE NINE - CITY COUNCIL MINUTES - DECEMBER 14, 1993 was saying as long as the property is maintained there is not problem. He suggested that the Council might want to make any approval subject to review. MOVED BY ALONGI, SECONDED BY CHERVENY TO TABLE THIS MATTER FOR 24 MONTHS. Councilman Alongi commented that it is important to encourage property owners to maintain their property. Mayor Washburn suggested that no time frame be included in the motion. City Attorney Harper noted the potential impact of other properties developing in the area. MOVED BY ALONGI, SECONDED BY CHERVENY TO TABLE THIS ITEM. Councilwoman Cherveny requested that Code Enforcement staff be informed of this position. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Second Reading - Ordinance No. 969 - Cardroom Fees. (F:34. 1) MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 969: Councilman Alongi asked if the City had met with the owner of the existing Cardroom. Mayor Washburn stated that he and the City Manager did meet with the Casino representative, Larry Regis, and discussed his letter of concern regarding the increase in fees. Mr. Regis requested that the fees be graduated over a period of four years. This would mean a 50% increase the first year, and so on. Mr. Regis further stated his concern regarding the inclusion of jackpoting; this is used to entice other players to the table, and the jackpot should not be calculated into the fee structure. Mayor Washburn stated that this could be handled through the administration of the City. Mr. Regis clarif ied that the money in the jackpot does not go to the Casino, therefore it should not be figured into the fees. Mayor Washburn explained that Mr. Regis presented the improvements that have been made, and the positive improvements that will occur in the future. He commented that the major portion of the discussion was in regard to an amendment of the fee structure. City Attorney Harper explained that if the Council amends the Ordinance, then it should go back for another first reading. Councilwoman Cherveny stated that she would like to give leniency to the Cardroom and would not be opposed to bringing the Ordinance back for another reading. She explained that the decision is based on the positive improvements that are occurring at the Cardroom and facilities, and she felt that they merited consideration of a graduated fee structure. Larry Regis, representative of the Lake Elsinore Resort and PAGE TEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 Cardroom, explained that he has worked closely with City staff and it was his understanding that this issue would be continued until such time as he could work with staff and resolve the graduation of fees. He stated that he had called the owner of the cardroom and told him that this item was to be continued and that there would be no need for him to attend this meeting. He explained that he was under the impression, after his meeting with the Mayor and City Manager, that Council would give the owner and himself the opportunity to present a proposal for a feasible graduation of the fee structure to meet the desires of the Council. He asked that Council consider a continuance to allow he and the owner to follow up with staff. Mayor Washburn stated that in fairness to everyone, he had told Mr. Regis that he was going to ask to have the item tabled until such time as a proper fee structure could be addressed. Councilman Alongi requested clarification. Mayor Washburn explained that the letter he had received from Mr. Regis, outlined the different phases which the Casino and facilities would be improved. At the meeting with Mr. Regis, it was discussed what other improvements could be done as well. He stated that his intent was to provide for a win/win situation, and that is why he would suggest a tabling of the item or a continuance. Councilman Alongi asked if the City could enter into a separate agreement with the current owners of the Casino regarding their ability to perform all the steps and work a graduated step in fees since they are the only cardroom in town and would affect no other business. City Attorney Harper explained that the only way to accomplished that action would be to amend the Code to revise the fee schedule. He explained that Council does not have the ability to modify an ordinance by agreement and the only way to impose fees is by ordinance. Councilman Alongi inquired if the Council amends the fee part of the Ordinance, does the Council have the authority to amend it back to the original draft. Mayor Washburn clarified that Council can adopt the Ordinance with changes and then resolve what will be satisfactory to both parties. City Attorney Harper stated that if Council is going to consider an amended fee schedule in two weeks to a month, this Ordinance will not yet be in effect. Councilman Winkler asked what is meant by quarterly, since this Ordinance would not go into effect until after January. City Attorney Harper stated that this ordinance defines quarterly as beginning January 1. Councilman Winkler stated that at that point the Casino would PAGE ELEVEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 have missed the first quarter and therefore would not go into effect until the second quarter; and this would not affect the existing Casino until April 1. Councilwoman Cherveny asked if it would be better to table the motion until the Ordinance is further reviewed and has a new revision to the fee schedule. City Attorney Harper stated that it would be a simpler approach, but it would be up to the Council. Larry Regis stated that he thought it went beyond the fees and included the things that the City thought would improve the appearance of the Casino and the facilities. He stressed the time commitment and an adjustment to the fee schedule to accommodate those items required by the City. City Manager Molendyk explained that with new developments in the community, Council is worried about the Casino's performance. He further explained that the management and owner of the Casino are willing to sit down with staff and come to an agreement regarding the desired requirements of the City Council and Management and in turn the City would consider the reduction of fee in the first few years. He stated that the owner and management of the Casino are willing to comply, and if they fail to perform, then the City has the right to go back and put the fees into full force and they will be held responsible. Mr. Molendyk stated that the people from the Casino are more than willing to work with the City. Mayor Washburn asked about the existing motion. City Clerk Kasad stated that the existing motion was to adopt Ordinance No. 969 upon second reading. MOVED BY CHERVENY, SECONDED BY ALONGI A SUBSEQUENT MOTION TO TABLE THIS ORDINANCE. Councilman Winkler explained that if Council passes this Ordinance today, it will not go into financial effect until April 1. He stated that he was not opposed to a win/win situation for the community and the business, but he felt that the fee structure is necessary. Councilman Dominguez stated that if this Ordinance is passed, he feels that the Casino people should then meet with staff and not Council to resolve problems and address concerns. Mayor Washburn asked for clarification from Council as to whether Council is going to adopt the Ordinance as stands or whether the item will be tabled; in either case the City will work with the Casino to mitigate or resolve some of the issues. Councilwoman Cherveny stated that her main concern is, if the Ordinance goes into effect and then the Council wishes to change it after consideration and negotiation, then the amendment might not go into effect until after the next quarter becomes effective in fees and create a burden for the Casino. She stated that the City has waited this long and she didn't think that it would hurt to wait a bit longer. Councilman Alongi called for a roll call vote. PAGE TWELVE - CITY COUNCIL MINUTES - DECEMBER 14, 1993 THE FOREGOING SUBSIDIARY MOTION FAILED BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. THE FOREGOING MAIN MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5. 28. 060 OF THE MUNICIPAL CODE REGARDING FEES FOR CARD ROOMS. AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Washburn reminded Mr. Regis that he should continue to work with staff for a revision of the fees. 32 . Public Safety - Proposition 172 . (F: 126. 2) City Manager Molendyk explained that recently the voters of the State of California approved Proposition 172 , which specifically dedicates sales tax to public safety. The amount of money that comes back to the cities is based upon population and the amount that the City of Lake Elsinore will receive is approximately $108,000. Mr. Molendyk explained that there are alternatives such as fire and police services. Mr. Molendyk explained that there were several options in regard to Police services; such as Law Enforcement on the Lake, adding an officer, sharing the cost of the "DARE Officer" with the School District, or adding three Community Service Officers. The Crime Watch Committee has requested that the City consider hiring a full, time staff position to act as a liaison with the Police Department and the Court system. Mr. Molendyk advised that overtime for sworn police officers was also a possibility Mayor Washburn then called on those persons who requested to speak as follows: Kevin Lanning, 15180 Grand Avenue, explained that in his opinion the staff position does not have to be a licensed professional, but rather could be a law student and the rate of pay could be approximately $30, 000 which would save the City $18,000. He stated that $18, 000 could purchase another police car. He thanked the City for their consideration of a staff person who will keep the citizens informed. Mr. Lanning stated that he felt that due to the concern of City Council and their willingness to work toward a solution, the City will not be at the bottom of any list. Wally McQue, 33088 Case Street, pointed out that the FBI report placed the City of Lake Elsinore at a low rating, and he explained that he felt that there was no more crime here than in any other city. He encouraged the Council to create the Staff Position to address crime. PAGE THIRTEEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 Councilman Winkler stated that he was not comfortable with sharing costs with the School District for the DARE Officer. He pointed out that at the arraignment stage, if the person pleads guilty, then the judge sets sentence with no knowledge to the public as to what the sentence is. It is necessary to have an interested person present to insure that the criminal is properly sentenced. He felt that it is important to have a constant dialog with the District Attorney and Perris Court Clerk to maintain current and accurate information. Mr. Winkler explained that he felt that it was very important for the City to follow the problem criminals, and watch every day, and if they are repeat violators or a first time grievous violation, he wants the judges, and the attorneys to understand that the City will not stand for improper judgment. He stated that this staff person can also keep lists of evictions and make them available to apartment managers to prevent the same element of person from moving from one point to another in the City. Mr. Winkler explained that with the Drug Nuisance Abatement Program, and the assistance from King Videocable 11311, there is no reason why the City should not have at least one filing a week on that issue. He stated he would favor any proposal that would hire a staff person as soon as possible to implement all the programs proposed. Councilwoman Cherveny explained that she is not totally in favor of putting citizens on the street. She stated that the Apartment Owners Association tries to keep track of the evictions through a computer link, but it is a problem to get the information from the Courts. She stated that she would rather help the Association enhance what they are doing rather than repeat what they are trying to accomplish. She stated that she does not have a problem with a staff person tracking crime and interfacing, but she felt that there is not one single solution to this problem. She commented that $48, 000 is a little high to pay that person, and she would rather see a show of personnel out on the streets and free up the officers to allow them to accomplish what they need to do. City Manager Molendyk stated that the person must have a strong background in police science and have the ability to interface with the District Attorney and the various agencies. He stated that this would take a person with extensive experience or education. He stated that the person would need to act as a catalyst to get the proposed program off the ground. If Council does decide to implement this person, there would be required qualifications. Councilman Alongi stated that there is a need to stop the flow of crime first and then repair the problem as possible. He explained that if there is only repair, it does not stop the problem and he stated that crime needs to be stopped, whether it requires more police officers, Community Service Officers or private security officers; the objective is to stop the crime. He questioned the cost of the staff position and stated that the proposed staff person will be developing the program and it will need a lot of work. He questioned the wisdom of sending persons into court who will insist on jail terms, when it is known that people are being released from jail because there is no room. He stated that the tools need to be given to the Sheriff's Department to stop the problem PAGE FOURTEEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 before it gets to the courts. He questioned the liability to the City providing information, and indicated he would like to see the money go toward policing the community. Councilman Dominguez stated that he was in favor of the liaison, stressing that the person that will make this program work will be the person that is hired for the job. He explained that the program will have to be tried, before we know if it will work well or not. He stated that Council must look at the financial aspects and do the most that can be done for the money. He stressed that there is no way to know if the program will work until it is tried. Mayor Washburn stated that he concurred with most of the comments and explained that the most important issue is a reduction of crime in the City of Lake Elsinore. Mr. Washburn stated that it is not just the officer on the beat, but it is also structure abatement, nuisance abatement and involvement of the community. He stated that he felt that a liaison, who clearly knows what his roll is, could reduce the amount of crime in the City of Lake Elsinore. He noted that it is difficult to bring all the issues together. Mayor Washburn further explained that if the crime bill passes in Congress, then the City will need someone who can focus on getting the fair share amount for the City. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE ALTERNATIVE ONE AS FOLLOWS: Alternative I Two Black/Whites @ 36 hours X 6 = 216 X 5 = 1080 X 4 = $ 4, 320 Two gang @ 36 hours X 6 = 216 X 5 = 1080 X 4 = $ 4, 320 $ 8,640 $ 8, 640 X six months = $51, 840 3 , 000 mileage 3 , 000 48 , 000 staff position 48, 000 6, 840 supplies, gas, equipment 6,840 Councilman Winkler explained that he had met with some of the people who are part of the Apartment Owners Association, and their program is just not working. He also stated that Judge Saradarian would like 'Co help and wanted him to meet with his staff person. Mr. Winkler stated that it is not possible for him to do all these things, and the City needs someone who can -ollow up on all the needed items. He explained that he has talked with Tom Thomas from King Videocable 11311, and that Mr. Thomas will aggressively pursue a hard line on criminals. Mr. Winkler commented that the Crime Watch program is very effective, but they reed more information and assistance. Councilwoman Cherveny questioned why Alternative I is proposing to fund for only 6 months. Mayor Washburn explained that by the end of six months there would be a grant written for more money to fund. Mrs. Cherveny stated she would like to see a job description for the staff person, and some idea of what this person will be doing for $48, 000 a year. She stated that she would rather see the City budget $24, 000 for 6 months and use the rest for officers and see what can be accomplished. pUNCIL MINUTES - DECEMBER 14, 1993 f F 40TION WAS CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI �SSENTING VOTE. � g - NON-AGENDIZED ITEMS ,Lwson, 18010 Grand Avenue, representin o work g Southshore ;rs Assoc'ation, stressed their willindicat d thaingness t t would h the .,HeHe noted the upcoming new year and ro ert b� ce to have passes available for the lake front p p y owne.�s. CIL THE CITY COUNCIL WITH UNANIMOUS CONSENTGER COMMENTS CITY COUN WERE MOD TO THE REDEVELO PM COMMENTS AND CITY MANA AGENCY MEETING. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS None. CLOSED SESSION None. ADJOURNMENT THE CITY COUNCIL MEETING WAS ADJOURNED AT 9 :05 P.M. 1. GAR M WASHBURN, MAYOR CIT O LAKE ELSINORE A EST: VICKI SAD, CITY CLERK CITY OF LAKE EL�INORE i I r' l i i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 13, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMoMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Manager Best, Engineering Manager O'Donnell, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Hugh Walker. (F:56. 1) Mayor Washburn commented on Mr. Walker's work during the County Centennial Celebration planning and explained that Mr. Walker represented the City on the County's Centennial Commission. In addition, he noted the contributions of Mrs. Walker to the same work. He detailed Mr. Walker's ongoing contributions to the Community over a long period of time including business owner, Planning Commissioner, City Council Member and School. Board Member. Mr. Walker thanked the Council for this recognition and noted that the Commission would continue to meet for approximately two more months in follow-up to the celebration. B. Lake Update Video. (F:92.1) Staff showed a video detailing the increasing use of Micro- organisms such as have been used in the Lake. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to the appropriate time on the agenda: Item Nos. 10, 13, 21 and 22 . PAGE TWO - CITY COUNCIL MINUTES - JULY 13, 1993 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 7, 8, 9 and 10 . MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0, WITH WINKLER ABSTAINING TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special Joint City Council/Redevelopment Agency Meeting - June 3 , 1993 . (F:44.4) b. Adjourned Regular City Council Meeting - June 15, 1993 . (F: 44 . 4) C. Adjourned Regular City Council/Redevelopment Agency Meeting - June 18, 1993. (F: 44 . 4) d. Regular City Council Meeting - June 22 , 1993 . (F:44 .4) e. Adjourned Regular City Council/Redevelopment Agency Meeting - June 29, 1993 . (F: 44 . 4) 2 . Received and ordered filed the Building Activity Report for June, 1993 . (F:32 .4) 3 . Received and ordered filed the Code Enforcement Activity Report for June, 1993 . (F:54. 1) 4 . Received and ordered filed the Investment Report for June 30, 1993 . (F: 12 . 5) 6 . Rejected and referred to Claims Administrator the Claim Against the City submitted by Amaro Construction (CL #93-13) . (F:52 .2) 11. Approved Outlet Channel/Riverside County Flood Control District Request for Lease of Property; authorized staff to negotiate a lease for the City owned parcel, adjacent to Crowbar Wrecking, for a term to expire in 1996. In addition, the parcel is to be screened, fenced and meet any additional conditions currently placed on the business before the site is to be used. (F: 68 . 1) 12 . Approved Proclamation for State Tourism Month - July, 1993 . (F: 122. 1) 13 . Approved Public Hearing Date of July 27, 1993, for the following: a. Specific Plan 92-3 , Environmental Impact Report 92-1, General Plan Amendment 93-1 and Annexation No. 62 - Good Land Investment - The Western Company (K.S. Chen) . (F: 150 . 2) ITEMS PULLED FROM CONSENT CALENDAR 5. Warrant List - June 30, 1993 . (F: 12 . 3) Councilwoman Cherveny requested a breakdown and status of the Lake Enterprise Fund. Administrative Services Director Boone PAGE THREE - CITY COUNCIL, MINUTES - JULY 13, 1993 advised that a memo was presented to Council for clarification and detailed the warrants issued relating to the Lake. Councilman Alongi inquired whether it would be possible to provide separate accounting for this fund. Mr. Boone indicated that he could provide a separate listing similar to that provided for Community Facilities District 88-3 . MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH ABSTAINING TO RATIFY THE WARRANT LIST AS PRESENTED. 7 . _Extension of Time for Tentative Tract Map No. 25171and 26459 Courton & Associates located ad 'acent to the Rams ate Specific Plan Area. (F: 160.2) Councilwoman Cherveny indicated that she pulled items 7 and 8 to determine whether any fees were due the City on these projects. Administrative Services Director Boone indicated that there were no fees due. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 3 TO 0 WITH WASHBURN AND WINKLER ABSTAINING TO GRANT A TWENTY FOUR MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 25171 AND TENTATIVE TRACT MAP 26459 WHICH SHALL EXPIRE SEPTEMBER 24 , 1995, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS - TENTATIVE TRACT MAP NO. 25171 & 26459 1. Substantial progress toward the development of this Tract Map has taken place. 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare 3 . The project as proposed and conditioned is consistent with the Goals, Policies and Objectives of the General Plan. CONDITIONS OF APPROVAL FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 25171 REVISED AND TENTATIVE TRACT MAP 26459 Planning Division 1. Tentative Tract Map 25171 Revised and Tentative Tract Map 26459 are approved subject to the approval of General Plan Amendment 91-4 and Zone Change 91-6. 2 . Tentative Tract Map 251717 Revised and 26459 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3 . Signage for this subdivision shall require City Permits. 4� Prior to the recordation of any final tract map, PAGE FOUR - CITY COUNCIL MINUTES - JULY 13, 1993 applicant shall have entered into a school impact mitigation agreement with the school district, or prior to recordation of any final tract map the project shall have been included within the formation of CFD 91-1 to be formed by School District at its cost, or annexed to CFD 91-1 to be formed by School District at its cost, or annexed to CFD 91-1 subsequent to its formation. City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved by the City. 5. Street names within the subdivision shall be approved by the Planning Division. 6. Bicycle lanes and bus turnouts are to be provided subject to the requirements of the Community Services Director or his designee. 7. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Planning Manager. 8 . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 9 . Trailers or mobile homes utilized during the construction phase of this project shall require a bond and be subject to approval of the Planning Manager or designee, prior to issuance of grading permit. 10. The developer shall establish a Homeowners Association prior to Final Map to manage and impose fees to maintain all slopes, common areas, open space, private drainage facilities, grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Planning Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. 11. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the PAGE FIVE - CITY COUNCIL MINUTES - JULY 13, 1993 approval of the Planning Manager and the City Attorney, prior to recordation o any deeds or final map. CC & 's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 12 . House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. The model complex must provide off-street parking and one model must incorporate xeriscape landscaping with identifying signage. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 13 . Interim and permanent erosion control measures are required. The applicant shall bond 120o for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 14 . Prior to issuance of any grading permit or building permit, subdivider shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 15 . All project mitigation measures, as specified by the adopted EIR and its mitigation monitoring program is required to be implemented into the project in accordance with the times specified in the mitigation monitoring program as amended by these conditions of approval. 16. A noise analysis to determine noise impacts of proposed Elsinore Ridge Road is required prior to final map. 17. Developer shall participate in a Mello-Roos financing District or other financing mechanism for the Railroad Canyon - Interstate 15 fire station facility. Proof of participation is required prior to Final Map. 18. Additional environmental review in accordance with the CEQA guidelines is required prior to Final Map approval for the construction of any off-site roads. 19 . Prior to final map an agreement between State Fish and Game and the Army Corps of Engineers for section 1600 and 404 permits shall be obtained for impacts to the blue line watercourse and Mulefat Scrub habitat. 20. Prior to issuance of grading permits shall pay any required Stephen's Kangaroo Rat fees of the species habitat conservation program. 21. A focused spring survey to determine sensitive PAGE SIX - CITY COUNCIL MINUTES - JULY 13, 1993 plant species prior to final map is required. Future mitigation may include avoidance (site redesign) , transplanting, purchase of occupied habitat, propagation programs etc. . . , and/or as recommended by State Fish and Game. If redesign is required it shall come back to the Planning Commission. 22 . A focused survey for the San Diego Horned Lizard and Orange Throated Whiptail prior to final map is required. Surveys for this species shall focus on ridge tops and canyon bottoms. Mitigation shall be that required by the California Department of Fish and Game. 23. Developer shall participate in any AB 939 City adopted ordinances for solid waste reduction. Areas shall be set aside within the tract for recycling drop off areas prior to issuance of final map. Design/Aesthetic impact Mitigation 24 . Subject to a Geotechnical Report, consideration shall be given to cut slopes exceeding 2: 1 slopes that minimize the number of 30 foot benches required. All slopes shall be contour graded subject to the approval of the Community Development Manager or his designee. All down drains wherever possible shall be diagonal along the face of slopes or colored concrete shall be used. A landscaping plan that minimizes stark cuts such as clustered plant groupings of ground cover, shrubs and trees shall be used. The planting pallet shall be reviewed by a biologist or native plant horticulturist in conjunction with the Riverside county Fire Department and the City°s Landscape architect for the purpose of incorporating Riversidean Sage Scrub species. Improvements shall be installed prior to Certificate of Occupancy. 25 . The parkways of Elsinore Hills Drive, Elsinore Ridge Road, East Cambern Loop and the loop street within Tract 24659 shall be landscaped in accordance with adopted City Public Right of Way landscape guidelines, and include a combination of ground cover, shrubs and trees. All street trees shall be a minimum of 24" box. Improvements shall be installed prior to Certificate of Occupancy. 26. Prior to issuance of grading permit, the applicant shall pay required fees to the City for implementation of the Mitigation Monitoring Program. 27. All streets with reversing curves shall be separated by a tangent, length of tangent to be approved by the City Engineer. 28. The minimum horizontal radius for local streets shall be 300 feet including East Cambern Loop. PAGE SEVEN - CITY COUNCIL MINUTES - JULY 13, 1993 29 . Eliminate "H" Street off site in Tract 26459. Make "B" and "C" Streets loop streets on Tract 36459. 30. Lots 186, 187 , and 188 in Tract 26459 shall be letter lots. 31. Lots 11171, 172, 173 , 174, and 175 in Tract 25171 shall be lettered lots. 32 . All major manufactured slopes exceeding 30-feet in height shall be contour graded. 33 . All major manufactured slopes exceeding 30-feet in height shall provide room for bench drains. 34 . The rear property line for all lots with rear yard slopes shall be moved two feet (21) away form the top of the slope. 35. A landscape maintenance easement shall be recorded prior to Final Map for the maintenance of all large sloped areas within individual lots. The maintenance of these slopes shall be the responsibility of the HOA. The developer shall install all landscaping in common areas and in common maintenance areas. 36. All major slopes outside the right-of-way for Elsinore Hills Road shall be maintained by the HOA. The City may, at its option, decide to maintain these slopes after reviewing the tract landscape plans. 37 . Lots 17 and 18 on Tract 26459 shall be within the tract boundary. 38 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 39. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . Document can be obtained from the Engineering Department. 40. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution 85-26) . 41. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 42 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval. PAGE EIGHT - CITY COUNCIL MINUTES - JOLY 13, 1993 43 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution 83-78) . 44 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 45. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 46. Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) shall be the responsibility of the property owner or his agent. 47 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 48 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 49 . Submit Hydrology and hydraulic study for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and or erosion downstream caused by development of site and diversion of drainage, subject to City Engineer approval. 50. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 51. With the development of this site, all storm facilities shall provide tract and immediate downstream property owners with 100 year storm flood protection. 52 . Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 53 . Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 54 . All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 55. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. PAGE NINE - CITY COUNCIL MINUTES - JULY 13, 1993 56. Developer shall install blue reflective pavement markers in the street at all Fire hydrant locations. 57. Map shall provide for all local streets to have sixty foot (60' ) right-of-way with forty foot (40' ) curb-to-curb. Restricted local streets (cul-de- sacs) shall have fifty-foot with a three foot (31) utility easement on each side. 58. Desirable grade for local streets is nine percent (9%) . The maximum grade of fifteen percent (15%) should only be used because of design constraints. 59. All utilities except electrical over 12kv shall be j placed underground, as approved by serving utility. 60. Grading for this subdivision shall comply with the grading objectives and guidelines established in the Lake Elsinore Municipal Code. 61. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 62. Minimum horizontal curve radius for secondary streets shall be 1,000 feet. 63 . Applicant shall participate in an Assessment ` District for the design and construction of the Wasson Canyon Road circulation system prior to final map approval. If an Assessment District is not formed this applicant will be responsible for providing two (2) paved access roads to this tract as approved by the City Engineer. 64. Applicant shall cooperate with developers to the north and east for the desig n and construction of Elsinore Hills Drive and Elsinore Ridge Road connection to Camino Del Norte, Cambern and Ramsgate. 65. The Geology Report submitted for the subdivision shall include: a) Identification of all faults to define potential hazards. b) Stability of man made slopes under either static or dynamic conditions. c) Differential settlement of engineered fills of significant thickness, as determined by geologist. 66. All existing utility easements through tract which interfere with development shall be relinquished prior to final map p approval. 67. If right-of-way or easements are abandoned as part of this development, then adjacent property i l PAGE TEN - CITY COUNCIL MINUTES - JULY 13, 1993 l affected by the abandonments must still have access to public maintained right-of-ways. 68 . All open space and slopes except for public parks and schools and Flood Control District facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 69 . Developer shall contribute a pro-rata share for the design and construction for the proposed traffic circulation improvements recommended and as shown on Exhibit "S" in Traffic Study prepared by Kahn, Kain and Associates in October 1990 prior to Final Map. l 70. All improvement plans and tract maps shall be digitized. At certificate of occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/Gis or developer to pay $1, 000 per sheet for City digitizing. 71. If public improvements are to be constructed in phases, then a phasing plan must be approved by the City Engineer prior to building permits. 72 . A National Pollutant Discharge Elimination System permit will be required of construction activity, underway or commencing after November 8, 1991, that would disturb five or more acres. The permit is to be obtained from the Regional Water Quality Control Board having jurisdiction. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Board prior to issuance of grading or building permits. 73 . Eliminate the indication of grading to accommodate stub road, but retain the easement right on east Cambern Road. 74 . The owner shall provide the City with storm water pollution prevention plan per the Regional Water Quality Control for Natural Pollutants Discharge Elimination System (NPDES) prior to issuance of grading permit. I 75. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all 1 Master Planned Drainage facilities constructed. 8 . Extension of Time No. 2 for Tentative Tract Map No. 24618 George Wimpey, Inc. dba Morrison Homes. (F: 160.2) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 24618, WHICH SHALL EXPIRE FEBRUARY 27, 1994 , BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS - TENTATIVE TRACT MAP NO. 24618 - MORRISON HOMES 1. Substantial progress toward the development of this I PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 13, 1993 Tract Map has taken place. 2. The project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS OF APPROVAL FOR EXTENSION OF TIME NO. 2 1. Extension of time for Tentative Tract Map No. 24618 will expire one (1) year from date of approval unless an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and Title 16 of the Municipal Code. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. A noise study must be submitted prior to Minor Design Review approval of the dwellings. Plotting and decorative block wall for Ortega Highway, to ensure that the exterior and interior noise levels specified by the City's Code are provided for lots 6-15 through building construction and a sound attenuation wall. Standard highway noise levels should be assured for the Sound mitigation plan. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7. A geologic report with associated recommendations will be required for grading permits. All grading shall conform to the requirements of Section 16. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. A temporary erosion control landscaping plan shall be approved prior to issuance of grading permit. Temporary erosion control landscaping shall be provided within 30 days of rough grading. The applicant shall bond 100% for materials and labor for one year. 8. Pay all Capital Improvement fees in effect at the time of issuance of building permit. 9. Prior to final approval of Tract Map 24618 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. PAGE TWELVE - CITY COUNCIL MINUTES -- JULY 13, 1993 10 . Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 11. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from adjacent property owners, such easements shall be approved by the City Engineer and City Attorney and recorded. 12 . Bond for drip or sprinkler irrigation system for sloped areas, prior to the issuance of a building permit. If a crib wall is proposed, the applicant shall be responsible for the landscaping/irrigation for the height and length of the wall. A planting/irrigation plan shall be submitted and approved, prior to issuance of grading permit, subject tot he approval of the City's ]Landscape Consultant and the Community Development Manager. 13 . Building permits shall not be issued until proof of payment of school mitigation fee is presented to the City Building Division. 14 . All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 15 . Comply with all conditions of the Riverside County Fire Department. 16 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 17 . The Developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 18 . Meet all requirements of Southern California Edison Company. 19 . Meet all requirements of Southern California Gas Company. 20 . Meet all requirements of General Telephone. 21. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 22. The developer shall establish a Homeowners PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 13, 1993 Association to manage and impose fees to maintain all slope or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. 23 . Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 24 . Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Manager or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the - units when developed in the future. 25. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 26 . Provide a decorative masonry wall along Ortega Highway at the pad elevation/property lines of those lots at a height consistent with a noise study acceptable to the Planning Division. Any wall over 8 feet high shall require Planning Commission approval. Other walls are subject to the review and approval of the Community Development Manager or designee prior to issuance of a building permit. Provide a combination 4 foot high decorative block wall with 2 feet wrought iron above, along Grandview A v e n u e , a n d o n northeasterly retaining wall at pad elevation, and on Trabuco Avenue, as appropriate, to preserve views (rather than using 6 feet of solid fencing) . All other side and rear property line fencing shall be 6 feet high and meet the requirements of Section 17 . 14 and 12 .23 of the Municipal Code. 27 . Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 13, 1993 executed original to the Community Development Department. 28 . Property line shall be at top of slopes with down slope areas to be maintained as indicated in Condition Number 22, with the exception of Grandview Avenue and Trabuco Avenue. 29 . All exposed lights shall be shielded above the horizontal plane. 30. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to the final map approval. 31. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.53 . 030) . Document can be obtained from the Engineering Department. 32. All local streets shall have a 60 foot right-of-way with 40 foot curb-to-curb. Restricted local streets (cul-de-sacs) shall have 50 foot right-of- way with 36 foot curb-to-curb and a 3 foot utility easement on each side. 33 . No single-family lots shall have ingress or egress to collector street or higher volume traffic streets. 34 . Provide Soils, Geology and Seismic reports including street design recommendation. Provide final Soils Report showing compliance with preliminary and finish grade certification. 35 . Pay all Capital Improvement and Plan Check fees. 36 . Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 37 . Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to the issuance of building permit. (Lake Elsinore Municipal Code 16. 34) . 38 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 .04 and 16. 34) . 39 . Pay all fees and meet requirements of encroachment permit issuance by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12. 08 and PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 13, 1993 Resolution No. 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 40. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 1111 mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 41. Applicant shall obtain necessary off-street easements for off-site grading from the adjacent property owners prior to final map approval. 42 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 43 . Provide street lighting, show lighting improvement on street improvement plans, as required by the City Engineer. 44 . Individual lot drainage shall be conveyed to a public facility or accepted by the adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 45. Hydrology and Hydraulic Study shall be submitted, reviewed and approved by the City Engineer and Riverside County Flood Control District prior to final map approval. 46 . All major drainage facilities in this tract shall be constructed to Riverside County Flood Control Standards and agreement entered into with the District for construction, ownership and maintenance. 47. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and developer shall mitigate any flooding and/or erosion downstream caused by development off-site and diversion of drainage. 48. Applicant shall obtain any necessary Cal-Trans permits and meet all Cal-Trans requirements for right-of-way dedication and construction on Ortega Highway. 49. Contribute $102 . 00 towards the City's Master Entryway Sign Program. 50. Prior to the Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner (s) , and the City. 51. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 52 . Developer shall contribute $6, 000. 00 towards the PAGE SIXTEEN — CITY COUNCIL MINUTES — JULY 13s 1993 design and construction of a traffic signal at Grand Avenue and Macy Street. The development will increase traffic at the intersection at least 4% and should contribute 4% towards construction. 53 . Provide sufficient dedication along western tract boundary for Grandview right-of-way of 66 feet. 54. Grandview along tract boundary shall be improved to provide a parking lane and two travel lanes (32 feet) . Off-site from Half Moon Drive to Laguna Avenue, Grandview shall be improved to provide a parking lane and two travel lanes (32 feet) . 55. Applicant shall agree to enter into an assessment district for the cost sharing for construction of the Ortega Channel and major drainage laterals. 56 . Approval of drainage plans for this subdivision is conditioned upon completion of the master plan drainage facility required as a condition of approval for Tentative Tract Map 20139 to serve this proposed subdivision. If tract 24618 is constructed prior tot he completion of the Ortega Channel, then this developer shall construct the permanent storm drain improvement under Grand Avenue and enter into an agreement with developer of Tract 20139 for appropriate reimbursement. 57. Developer shall extend the Ortega Channel lateral in Grandview to the southerly tract boundary and will be entitled to reimbursement through the assessment district. 58 . Annexation to the City's Landscaping and Lighting District is required prior to approval of final map. 59 . All improvement plans and tract maps shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC Info/GIS or developer to pay $1, 000 per sheet for the City digitizing. 60 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 61. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge System Permit prior to issuance of grading permits. 62 . This map is to be developed in one single phase. 63 . Developer shall provide No Parking and Street PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 13, 1993 Sweeping Sings for streets within tract or pay a fee for installation by the City. 64. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 65. The owner shall provide the City with storm water pollution prevention plan per the Regional Water Quality Control Board for Natural Pollutants Discharge System (NPDES) Permit prior to issuance of grading permit. 66. Applicant to process a Letter of Map Revision (LOMR) for the Flood Insurance Rate Map (FIRM) for storm drain improvements which will be or have been installed as part of this tract. The LOMR shall be submitted to the Federal Emergency Management Agency (FEMA) prior to building permit issuance. 9. Final Extension of Time for Tentative Tract Map No. 22904, Revision #6 (Canyon Bay Development Corp. ) . (F: 160. 2) City Manager Molendyk indicated that some fees are currently due on this Map and the applicant has been contacted for payment. He recommended continuance to July 27, 1993 . Mayor Washburn indicated he would concur with this recommendation with the provision that there would be no penalties if the time lapses in the meantime. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO CONTINUE THIS ITEM TO JULY 27, 1993 . 10 . Final Extension of Time for Tentative Tract Map No. 19344 C W Asset Management,_Inc. ) Serenity Tract - Corydon Road. (F: 160.2) Mayor Washburn indicated that he had pulled this item because he had requests to speak. Robert Reinin, 1425 W. Foothill Blvd. , Upland, expressed concern with outstanding conditions identified during the transfer of title from Crowell Industries. He suggested a condition for resolution of the concern. Mayor Washburn noted the memo received from staff regarding this issue of ownership. City Manager Molendyk suggested continuance to allow the questions to be addressed. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO CONTINUE THIS ITEM TO JULY 27, 1993. APPEAL 21. Appeal of Planning Commission Decision to Approve Minor Design Review of a Residential Duplex „Project (No. 93-3) at 215 Chaney Street Owner: Roy Terrebonne Architect: Ray Gra e . (F: 21. 1) PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 130 1993 City Manager Molendyk explained this appeal and noted that the residents feel, based on the existing development, the R-1 zoning designation is more appropriate for the area. Mayor Washburn noted that he had requests to address this item. City Planner Leslie detailed the staff report. Mayor Washburn requested clarification of the existing zoning. Mr. Leslie indicated that it was currently zoned R-2 , however it is a predominantly single-family residence neighborhood. Mayor Washburn noted that this is a combination of lots extending from Chaney Street to Franklin Street; and the project would be on septic rather than sewer system. Councilwoman Cherveny inquired whether a "perk" test had been done on this site. Mr. Grage indicated that a perk test was done and the property passed. Councilwoman Cherveny questioned the General Plan designation of "Specific Plan", and whether this plan would all be done at one time, and whether other such developments would occur. City Attorney Harper clarified the planning process and the potential alternatives for the Specific Plan. Councilwoman Cherveny inquired whether this proposal would be considered inconsistent with the General Plan. Mr. Leslie indicated that with the "Specific Plan" designation the ultimate use was still somewhat open. City Attorney Harper clarified that a significant issue is whether the zoning and general plan are compatible. Leon Strigotte, 216 Chaney Street, detailed the original knowledge of work on this property and advised that requests were submitted to the Planning Department for notification of the proposed project. He further advised that notice was not received except through the Planning Commission agenda. He indicated that he has met with the property owner, and while they are nice people, the project is not compatible with the surrounding properties. He stressed that all other properties in the neighborhood are single-family residences. He further stressed that the final plan for Chaney Street is not known. He also stressed the traffic and density concerns in the overall area which have not been mitigated. Denise Tompkins, 218 Chaney Street, concurred with the comments of Mr. Strigotte and noted a petition circulated which opposed the project. She presented additional comments of opposition from an approximately six block area for the record. Nido Ryal, 223 Chaney Street, appellant, explained the location and traffic concerns in the area of the project. He stressed the unknowns of the ultimate Chaney Street alignment and the concerns with high density development. He noted a higher density development near the elementary school and expressed concern with the related crime. He also noted the affected residents present in the audience and requested Council's favorable consideration. Ray Grage, 110 S. Main Street, representing Mr. & Mrs. Terrebonne, expressed surprise with the level of opposition to PAGE NINETEEN - CITY COUNCIL MINUTES - JULY 13, 1993 this project. He noted revisions made to address the concerns of the residents and meetings with the residents. He indicated that there are four lots involved in this project and compared the density to the existing single-family residences. He detailed the work which had occurred over the last year and information received from City staff in support of this proposal. He stressed changes such as the removal of second story windows, etc. to accommodate the existing neighbors. Mayor Washburn asked the residents how many would support this project if it appeared to be more single-family oriented with access on both Franklin Street and Chaney Street. He further asked whether the owners would use this property as a rental. The applicant indicated it would be a rental, and further commented that they are not spending their funds to see the property deteriorate. Councilwoman Cherveny expressed concern that this proposal is not consistent with the surrounding developments. She commented that rentals do not have the same pride of ownership. She indicated she would see more "estate" type homes in this area. Councilman Alongi reminded Councilwoman Cherveny that her modular home was not consistent with the area when she moved it in. He stressed that the project meets the requirements of its zoning. He noted a similar concern on a project he built and stressed the importance of not prejudicing the understanding of rental property and its care. Councilman Winkler commented that in reading this report he had to consider whether he would want such a development next door to him; and decided he would not. He indicated that he would prefer a larger master planning effort in this area, rather than a piecemeal approach. He indicated that the policy makers can not be held responsible for the opinions provided by staff. Mayor Washburn suggested that this project was a catalyst to bring the area into focus. He expressed concern that this project would be inconsistent inf ill, and suggested that staff address it as such. He noted that problems such as this are not always a zoning issue as much as design issues. He indicated that he would like to see consideration in the next year or so for budgeting improvements such as curbs, gutters and sidewalks on Chaney. He noted the difficulty of this question. Mayor Pro Tem Dominguez commented on the original zoning of this area and suggested it might be appropriate ,to update the general plan for this area. MOVED BY WINKLER, SECONDED BY CHERVENY TO OVERTURN THE PLANNING COMMISSION APPROVAL OF MINOR DESIGN REVIEW PROJECT NO. 93-3 AND DENY WITHOUT PREJUDICE; AND REQUESTED THAT STAFF LOOK INTO THE PENDING SPECIFIC PLAN. Mayor Washburn noted that there would seem to be other alternatives to accomplish the applicant's goals as well as PAGE TWENTY - CITY .COUNCIL MINUTES - JULY 13g 1993 the homeowners' wishes. Mayor Pro Tem Dominguez suggested that this denial be without prejudice to allow further revisions without new fees. Mayor Washburn concurred he would want it without any new fees. Councilman Alongi indicated that the foregoing motion would not be fair to the builder/owner. He suggested that if it is zoned properly the owner has the right to build. He sympathized with the residents, but indicated that the project as proposed was legally acceptable. He indicated that this action would downgrade the value of the property. He questioned the impact on the owner's project of waiting for the specific plan. Mayor Washburn indicated he could be working on the plan in the meantime. Mayor Pro Tem Dominguez inquired whether there would be a time limit. Mayor Washburn indicated that staff could expedite it. Councilman Winkler indicated that he would like staff to return with a report on the status of the specific plan and the possible timing. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE, BASED ON THE FOLLOWING FINDINGS: FINDINGS 1. The project as proposed does not comply with the goals and objectives of the General Plan. 2 . The project as proposed does not adequately comply with the design directives contained in Section 17. 82 . 060, Scope of Design Review, of the City Zoning Code, in that it is not consistent with existing surrounding development. PUBLIC HEARINGS 22 . 1993-94 Fiscal Year Budget - Resolution No. 93-36. (F: 30. 1) City Manager Molendyk detailed the report and explained the impact of State subventions from the City and Redevelopment Agency funds. He indicated that the budget as presented is balanced. He detailed the general revenue and its sources, the Cost Recovery System, non-recurring revenues, sales tax increases, etc. He noted that in 1990 the City had 71 employees and now in 1993 the City has 55 employees despite the continuing increase in population. He also noted the increase in sheriff's officers employed by the City during the same period. He recommended adoption of the General Fund Budget as presented and commented on the one-time revenues and the long list of possible uses. Mayor Washburn noted the graph regarding City Employees and Sheriff's Department and indicated the graphs were helpful in explaining the status. Councilwoman Cherveny questioned the $267, 000 in one time funds used to balance the budget. Mr. Molendyk indicated that was separate from the $500, 000 in one time dollars. PAGE TWENTY—ONE — CITY COUNCIL MINUTES — JULY 13s 1993. Councilman Winkler noted that the budget is a roll-over with less money. He recommended adoption of the Resolution. Mayor Washburn opened the public hearing at 8 : 18 p.m. Kelly Rockwell, 521 Lake Street spoke in support of the "Kids on Track" program. She stressed the importance of providing a constructive environment to help keep the kids from gang and other negative activities. She indicated that parents can not always be there for their children and this program helps supplement. Andre Smith, 15293 Windjammer, supported the "Kids on Track" program and the potential for kids to become involved in gangs. He stressed the need to take preventative action by taking the kids off the streets. Mayor Washburn closed the public hearing at 8:22 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE RECOMMENDATION #1 AND ADOPT RESOLUTION NO. 93-36; AND REGARDING THE $500, 000 OF ONE-TIME REVENUES, CONTINUE THE CONSIDERATION OF THESE FUNDS FOR ONE MONTH WITH THE EXCEPTION OF THE $76, 000 FOR THE KIDS ON TRACK PROGRAM. RESOLUTION NO. 93-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1993-94 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH HEREIN. Councilman Alongi concurred with Councilman Winkler regarding the importance of the kids on tract program, however, he requested discussion of the rest of the $500, 000 too. He indicated if it was not discussed he was willing to go through the proposed budget page by page to find possible cuts. He expressed concern that the proposed list for the $500, 000 included nothing for housing and he would like some included. He indicated 1%95,pftdd like to see at least for housing and he would not support the Century Perimeter Fencing. City Manager Molendyk noted that in addition to the items listed, the $2 . 6 million in the Redevelopment Agency budget would also be carried over for discussion. He suggested it might be helpful to add to the list with item such as Heald/Ellis Housing - $200, 000 and Heald/spring Property $700, 000 as requested by Mayor Pro Tem Dominguez. He noted that the final funding of projects would be subject to Council concurrence. Mayor Washburn indicated that he would like to adopt the budget with the $500, 000 used for the Contract Senior Planner, City Facilities, Additional training/Planning Commission, Upgrade/New Computers, Charity Groups, Police - Additional Overtime, and Consultant - Housing Programs; listed as items 1 through 7 on Exhibit A, with the Methodist Church (item #8) being moved into the Redevelopment Agency Budget. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JULY 13, 1993 He then suggested moving Kids on Track into the funded projects with the remaining $108, 000 being held in reserve for consideration with the $2 . 6 million reserved in the Redevelopment Agency budget. He further concurred that Heald/Ellis, Heald/Spring and Nashland should be added to the list. Councilwoman Cherveny suggested that the $108, 000 be added to the police overtime to help implement the crime support group and hire security guards with cars to patrol for 8 hours per day from 10 a.m. to 6 p.m. to provide extra eyes and ears in the community. She stressed that this will help to reduce the crime and she would really like the budget amended to include something for public safety. She indicated that this type of additional patrol had been very successful in Sun City. Mayor Washburn concurred that it could be used for augmenting police through private security and suggested that private security might be a better approach with one-time money. Councilwoman Cherveny addressed the use of Community Service officers which would require four for two on the street. She stressed the need for more coverage with eyes and ears on the street. Councilman Winkler expressed concern with this use since it is one time money and personnel would need to be hired and possibly let go in a few months. He stressed the benefit of tearing down buildings, which has been seen by the Sheriff's Department. He indicated that he would particularly address X and other areas. He suggested that this decision be postponed until after the Stadium is discussed. He indicated that these one-time dollars should be addressed as a package with the exception of the Kids on Track Program which involves continuation of existing personnel. Councilwoman Cherveny agreed that abatement has an impact, but indicated that security would address more of the Community. She noted the outlet Center and Walmart revenues that will support this program in the future. She indicated that she felt that $500, 000 was a minimal request. Councilman Alongi commented that he understood Councilman Winkler's position on one time money, but stressed that it should go where it does the most good and produces for the City. He indicated that he understood the concerns with Nashland, but stressed that it is someone else's problem. Councilwoman Cherveny suggested that Nashland should be addressed in the Redevelopment Agency budget, and indicated she would have no problem looking at those areas with the $2 . 6 million. Councilman Winkler suggested that it would be better to address this in one month when more information is available. Mayor Washburn indicated he would argue against the motion with regard to the $500, 000 in that the charity groups have waited long enough and other things are needed. i PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JULY 13t 1993 I i THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. BUSINESS ITEMS 31. Consolidation of Future City Council Elections. (F:72. 1) City Manager Molendyk explained this item as proposed by the City Treasurer. He noted that in light of the State budget cuts this is one area to save money. MOVED BY CHERVENY, SECONDED BY ALONGI TO REJECT CONSOLIDATION OF FUTURE ELECTIONS. Councilwoman Cherveny noted the previous discussions of this recommendation, primarily the importance of maintaining focus on City issues. She indicated that while she appreciated the proposed cost savings, she felt it was necessary to retain the focus. k Mayor Pro Tem Dominguez commented on previous April Elections and the momentum of other elections. Mayor Washburn commented on previous attempts to increase voter turnout such as extended polling hours. He indicated that it would appear those interested will vote, but changes in the process don't seem to have an impact. He stressed e p p th importance of looking at the future and remembering that cities will have less and less money. He indicated that he didn't feel it would impact the overall politics. Councilwoman Cherveny stressed the previous comments and the importance of finding what best serves the Community. Councilman Alongi indicated that he felt the elections should remain in April and suggested that $13, 000 is not that much money. He stressed the increasing uniqueness of the Community and the potential for more issues to be decided by the voters. He indicated that he feels the people will vote no matter what. He suggested that the Council wait a few years to determine the direction the voters are going. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. Councilman Winkler indicated that he needed more comparative information on voter turnouts. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND DOMINGUEZ CASTING THE DISSENTING VOTES TO BRING THIS ISSUE BACK IN 30 DAYS. 32 . Sheriff Contract - Facility Charges. (F: 127 . 2) City Manager Molendyk explained that this item was continued to confirm property ownership and detailed the request. He noted that this item was included in the proposed budget. MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS i I PAGE TWENTY--FOUR _ CITY COUNCIL MINUTES -- JULY 13, 1993 'i. i i I i VOTE TO APPROVE THE REQUEST AND AUTHORIZE PAYMENT OF THE $33 ,939 . 20. 33 . Fire Protection_Agreement - Fiscal Year 1993-94. (F: 68 . 1) (X: 127. 3) i City Manager Molendyk advised that this item was continued at the last meeting to allow for finalization of the budget. He noted that this item was included in the proposed budget. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SECOND AMENDMENT TO THE JULY 9, 1991 AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. j 34 . Commercial Proiect No. 93-2 - Elsinore City Center, located on the southeast corner of Grape Street and Railroad Canyon Road "Proposed Walmart" . (FB58.2) i City Planner Leslie detailed this project and the associated site plans, conditions and landscaping. Councilwoman Cherveny questioned condition #36 and whether Walmart would include the tile treatment as well. Mr. Leslie j indicated it would be addressed later. i i Councilwoman Cherveny inquired whether condition #18 looked to the developer for the landscaping or to Walmart. Mr. Leslie indicated that it would look more to the developer, but since it also impacts Walmart they would also be involved. Councilwoman Cherveny expressed concern with the maintenance of the landscape after the center is complete and questioned the City's ability to abate problems and charge back for the services. She indicated she would like this matter conditioned further. City Attorney Harper suggested drafting a reciprocal easement agreement to address this issue. He noted that the problem of collecting the reimbursement still exists. Councilwoman Cherveny inquired whether these charges could be added to the tax rolls. Mr. Harper indicated that it could be added as a condition, but it might put the City in the position of maintaining private property. Mayor Pro Tem Dominguez inquired whether transportation had been addressed, like bus bench placement. Mr. Leslie indicated that it was probably addressed in the Specific Plan and he would need to check. City Attorney Harper indicated that this could also be a condition. Mayor Pro Tem Dominguez questioned the provision of Automatic Teller Machines and suggested that if they will have one, it be placed inside the store. Mr. Leslie indicated that this would be addressed as a vending machine. City Attorney Harper commented that many ATM companies are reluctant to place them outside. Councilman Alongi addressed the landscaping and requested something to require maintenance. Mr. Harper indicated that it may already be addressed through CC & R's. Mr. Alongi further indicated that he would not want the parking areas restricted for individual stores. He also indicated that the Air Conditioning units could be screened very easily. He expressed concern with the facade and stressed the good i t i i I PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - JULY 13, 1993 f i 's appearance of the Outlet Center. He suggested that this center should be the same way. Mayor Washburn noted Planning Commission discussion of similar issues. i Councilwoman Cherveny noted the middle shops which show a fancier overhang. She indicated that this should continue to Walmart as it presents a better image. City Manager Molendyk noted that the continuation of the overhang would help to shelter the handicap parking areas from rain and heat. Councilwoman Cherveny suggested that areas awaiting construction be landscaped. She expressed concern with the roof top equipment and noted that a solution was found for the Outlet Center. She indicated that Condition #38 addressed another of her concerns and requested tough enforcement of that condition. She further requested the addition of Condition #42 for an agreement regarding landscape maintenance. City Manager Molendyk noted concerns with the machines, rides etc, in front of stores and stressed that they are not approved as part of the plan being considered. Mayor Washburn suggested that Condition #38 also address racks for shopping carts and questioned the phasing of this project. Mr. Leslie indicated that it would be built in two phases. Mayor Washburn questioned the impact of the phasing on the landscaping requirement. Councilwoman Cherveny suggested that at least perimeter landscaping be in place. The applicant concurred with this approach. Mayor Washburn expressed concern with the need for enhancements on the side of the building. He indicated that i the mansard and screening of the Air Conditioning units would help. Councilwoman Cherveny suggested that line 2 of condition #38 be deleted. Mayor Washburn stressed the need for Community j Development Director involvement in the process. He suggested the addition of "storage of carts" be included in the condition. I f Councilman Alongi indicated that it would be better to say "cart storage inside only" . 1 Mayor Washburn requested the addition of Condition #42 r "Establish Reciprocal landscape maintenance easement, with City ability to enforce" . Mayor Pro Tem. Dominguez requested Condition #43 to require 1 coordination of bus benches and related matters with Riverside Transit Agency. Councilwoman Cherveny requested Condition #44 requiring perimeter landscaping. Councilwoman Cherveny questioned the proposed name of the center and inquired whether it could be Lake Elsinore City i i i f I PAGE TWENTY-SIX - CITY COUNCIL MINUTES - JULY 13, 1993 Center rather than Elsinore City Center. The applicant concurred this would be appropriate. Glen Dagel, Project Architect, 12620 High Bluff Drive, San Diego, indicated that this project is on a fact track and the l goal is to start construction on September 27th, with opening in Spring of 1994. He stressed the need for this approval to allow for submittal of plans. He indicated that all design issues have been addressed and any minor modification will follow the specific plan. John Baker, architect commented that he has been involved in developing the plans since 1990 to address a variety of possible major tenants. He noted particular design aspects and the intent to work with smaller major tenants to provide better visibility within the center. He stressed the Walmart prototype and the limited ability to modify it. He further stressed that this plan has been modified more than any other facility. He addressed the air conditioning unit screening and indicated that the view would be minimal from Tuscany Hills or the I--15 freeway due to the distances involved. He indicated that the only solution would be to raise the height of the roof to screening the units and expressed concern with the additional costs. City Manager Molendyk questioned the increase in costs. Mr. Baker indicated it would be approximately $1. 50 to $2 . 00 per square foot. City Manager Molendyk commented on Council discussion and the fact that only one wall will be fully visible, and stressed the Council conditions and requests. Mr. Baker indicated that he will need to go back to Walmart representatives for approval. He further indicated that he has no information regarding the vending machine issue, however he indicated that he could see enforcement problems after the fact. City Manager Molendyk indicated that the Council is saying they don't want the machines at all. Mr. Baker indicated that would need to be addressed by the owner. Mr. Baker noted the discussion of rooftop equipment and indicated they were not sure whether they would house it or not and stressed the distance and limited visibility. He indicated that he was not certain of a solution other than a second roof. Mayor Washburn stressed the efforts required of the architect and the need to address specified points. He noted that the City has successfully imposed changes in corporate prototypes in the past and would intend to do so on this project. He stressed the Council's concern for a quality project. City Manager Molendyk commented that with the Outlet Center it was indicated that the concerns with the air conditioning units should have been mentioned earlier as they could have ' been solved through design and sinking them into the roof structure. He stressed staff's efforts to resolve this concern up front. Mr. Dagel indicated that the roof is already as low as it can get. Councilwoman Cherveny stressed the importance of getting the best product for the Com munity mmunity and for the investment by the I i I i f f PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - JULY 13, 1993 I City. She indicated that she would want "the best" Walmart. Mayor Washburn indicated that there were three options, 1) continue the project, 2) approve and work with them on the plan or 3) request and amendment of the specific plan, noting that the specific plan addresses architecture. Councilman Alongi noted the assistance being provide and II stressed the need to screen the air conditioning units. Mr. i Dagel indicated he would agree to the condition. f Mayor Washburn indicated that Council can decide and allow Walmart time to consider. Mr. Dagel questioned the alternative allowing the quickest action. i Mayor Washburn indicated approval with appropriate conditions. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT NO. 92-2 BASED ON THE EXHIBIT i "a" PACKAGE, THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH CONDITION #38 AMENDED TO INCLUDE "STORAGE OF SHOPPING CARTS" AND THE INCLUSION OF ADDITIONAL CONDITIONS 42, 43 AND 44 AS REQUESTED BY COUNCIL. FINDINGS - COMMERCIAL PROJECT 93-2 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the certified Environmental Impact Report No. 92-3 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, the Elsinore City Center Specific Plan, and the Zoning District in which it is located. 3 . This project complies with the design directives contained in the Elsinore City Center Specific Plan. 4 . Conditions and safeguards pursuant to Chapter 17.82. 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the ' objectives of Chapter 17 .82 and the Elsinore City Center Specific Plan. PLANNING DIVISION CONDITIONS 1. Design Review approval for Commercial Project No. 93-2 will lapse and be void unless building permits are issued within one (1) year of Planning f Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . These Conditions of approval shall be reproduced i i PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - JULY 13, 1993 i i upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3 . All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of i the Community Development Manager. All plans j submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4 . Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. i 5. Applicant shall meet all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County health Department requirements. S. Meet all Riverside County Fire Department requirements. 9. Project must meet all requirements of Cal-Trans. 10. No outdoor storage (except enclosed outdoor tire storage area as presented on approved Wal-Mart Plans) shall be allowed for any tenant. 11. Trash enclosures shall be constructed per City standards as approved by the Community development Manager or designee, prior to issuance of Certificate of Occupancy, 12 . All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 13 . Applicant shall use roofing materials with Class "A" fire rating. 14 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the 1-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 15. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. PAGE TWENTY-NINE - CITY COUNCIL MINUTES - JULY 13, 1993 16. Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Manager or designee, prior to the issuance of building permit. 17. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (2411) tree for every ten (10) spaces with planter box to be staggered every row, and subject to the approval of the City's Landscape Architect and Community development Manager or designee. 18. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A Landscape Plan Check fee will be charged prior to final landscape approval based on the consultant's fee plus forty percent (40%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (401 ) (Per the Elsinore City Center Specific Plan) apart and at least twenty-four- inch (2411) box. On areas where screening, is necessary trees shall be at least thirty -six- inch (3611) box size. c) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (611) wide concrete curb. d) Planting within fifteen feet (1511) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) { years. i f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 1 PAGE THIRTY e CITY COUNCIL !MINUTES - JULY 13, 1993 i 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 19. All undeveloped lots along Grape Street shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the developer as necessary to meet the approval of the Community Development Manager until such time as these lots are built-out. If building permits are not issued within 90 days all areas or pads graded, during the grading operation, shall be landscaped and irrigated. 20 . All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 21. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 22 . Applicant shall annex project into the City's Landscape and Lighting District. 23 . The applicant shall develop a Uniform Sign 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 and the approved Elsinore City Center Specific Plan. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including freestanding 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 or Occupancy or release of utilities. Individual sign permits are required prior tot he erection of each sign. 24 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water nd i PAGE THIRTY-ONE - CITY COUNCIL MINUTES - JULY 13, 1993 sewer plans to the EVMWD and shall incorporate all district conditions and standards. 25. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. This project shall be designed so that every unit (with the exception of shop #3 which is to have two (2) �i loading areas) is provided with a loading space as required by the City Municipal Code and the Elsinore City Center Specific Plan. 26. Trailers utilized during construction shall be approved by the Planning Division. 27. On-site surface drainage shall not cross sidewalks. ; 28. Parking stalls shall be double-striped with four- inch (411) lines two-feet (211) apart. 29. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 30. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community development Department for inclusion in the case records. 31. This project shall be subject to the Mitigation Monitoring Program contained in the Certified Environmental Impact Report No.92-3 . 32. Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992 . 33 . The rear, and side elevation design of the Wal-Mart building shall provide architectural elements of relief used throughout the center. The proposed revised elevation shall be reviewed and approved by the Community Development Manager or designee. 34 . The applicant shall submit revised plans illustrating the crib wall broken-up at about midpoint with a bench or a step wide enough to allow a row of small trees and/or shrubs along the entire length. This bench or step with a row of small trees and/or shrubs will break up the mass and shall provide relief from the monotonous, uninterrupted expanse of wall. This plan shall meet the approval of the Community Development Manager or designee and the City's Landscape Architect. 35 . The landscaped area where the Wal-Mart auto service center building is proposed shall be heavily landscaped in compliance with Condition of Approval No. 18 (b) to screen the loading/entry roll up door i PAGE THIRTY-TWO - CITY COUNCIL MINUTES — JULY 13, 1993 and reduce noise levels generated by the sue of air/electrical tools. 36. The Wal-Mart and adjacent buildings (Shope #1,2, and major tenant) shall continue the design concept where appropriate of the mansard roofing with spanish mission tile treatment exhibited in Shop #3 . The revised elevations shall be subject to the approval of the Community Development Manager prior to City Council consideration. 37 . The Final Site Landscaping Plan shall include more j landscaping/landscape planters in front of all proposed buildings. This plan shall meet the approval of the Community development Manager or designee and the City's Landscape Architect. 38. All vending machines, tables, kid's rides, newspaper racks, storage of shopping carts, telephones and similar devices shall be concealed from view with a structure consistent with the building design. These shall be approved by the Community Development Manager or his designee prior to installation. I 39. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community development Manager or designee. I ENGINEERING DEPARTMENT CONDITIONS 40 . Meet all Conditions of Approval for Tentative Parcel Map No. 27659. 41. Medians in driveways shall be moved back out of the right-of-way to provide proper truck turning into the site. 42. Developer shall sign a Reciprocal Landscape Maintenance easement, with City ability to enforce. 43 . Coordinate appropriate bus benches and related facilities with Riverside Transit Agency. 44 . Provide perimeter landscaping for the entire project until development is completed. 35. Parking Prohibition on Riverside Drive, North of Collier - Resolution No. 93-27 . (F: 112 . 1) City Manager Molendyk indicated that this item was in relation to the misuse of a City Street for the storage of U-Haul equipment. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT RESOLUTION NO. 93-27 . Councilwoman Cherveny questioned the necessity of prohibiting i all parking. She indicated that she did not feel it solved i i i i PAGE THIRTY-THREE CITY COUNCIL MINUTES JIILY 13, 1993 i I the problem, and if it is done there are other areas to be addressed as well. Councilman Alongi indicated that he does not feel the City should start posting "No Parking" signs on public streets. He suggested addressing the 72 hour limitations, and noted that people do park there to use the businesses in the area. Mayor Pro Tem. Dominguez indicated that the traffic code requires signage to allow for enforcement. Councilman Alongi indicated that it can be enforced, and noted a similar situation at the Texaco station on Main Street. He indicated that it could be enforced through existing ordinances against advertising in the public right-of-way. City Attorney Harper indicated that he was not certain this was addressed by the ordinances, however, there is some opportunity to address those with "for rent" signs in the windows. Councilman Alongi questioned the difference between i limiting these vehicles and limiting truckers. Mr. Harper indicated that the trucks can be restricted by size, but U- hauls are generally like any other vehicle. City Manager Molendyk indicated that staff could review the ( alternatives further. He noted concerns with ability of large I trucks to turn into existing businesses in this area. Councilman Alongi advised that he is certain that this is addressed by Title 17 . Mayor Pro Tem Dominguez concurred that it was necessary to review the signs and the street where the concern has come up. i Mayor Washburn noted that there may be concerns with blocked visibility. i THE FOREGOING MOTION AS WITHDRAWN WITH CONCURRENCE OF THE SECOND. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM. 36 . Change Order No. 3 for Street Improvement Traffic Signals, at Grand Avenue and Lincoln Street and Grand Avenue Robb Road and Lakeshore Drive, West Lake Elsinore, Community Facilities District 88-3 . F.22 .3 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 3 AS PRESENTED. 37 . Notice of Completion - Street Improvement, Traffic Signals at Grand Avenue and Lincoln Street and Grand Avenue, Robb Road and Lakeshore Drive, West _Lake Elsinore, Community Facilities District 88-3 . (F:22 .3) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION AS PRESENTED. 38 . Notice of Completion - Robb Road Thrie Beam Barrier at Coal Avenue. (F: 156.2) MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE 1 I PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - JULY 13, 1993 i TO ACCEPT THE NOTICE OF COMPLETION AS PRESENTED. 39. Business License Request - "S aceball" . (F:34.1) City Manager Molendyk indicated that this item is before the Council because there is not really a business license classification which fits this use. He recommended approval, but suggested that Council consider looking at a way to handle this type of request administratively. MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO GRANT THE BUSINESS LICENSE REQUEST SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. Only on private property at the written request of the i property owner, showing the dates and times. 2. Only on public property at special events put on by a non-profit group (i. e. : City, Chamber of Commerce) . 3 . Provide proof of liability insurance prior to the issuance of the license. 40. Resolution No. 93-28 - Alternative Method of County Tax Distribution. (F: 140. 1) Administrative Services Director Boone explained this item which enacts a law which has been on the books since 1941. He further explained that this action will allow the County to finance the delinquencies and distribute the funds to the City immediately. City Attorney Harper inquired whether this would include Mello-Roos District charges. Mr. Boone indicated that it will include property taxes, Lighting & Landscaping Maintenance District fees, Weed Abatement charges and potentially Assessment Districts and Community Facilities Districts. He indicated that the program will be in place in approximately 60 days. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-28 : RESOLUTION NO. 93-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS APPROVAL TO PARTICIPATE IN THE ALTERNATIVE METHOD OF TAX DISTRIBUTION - "TEETER PLAN" - SB 742 . s 41. Parking -Enforcement Procedure Revision - Ordinance No. 961. (F: 112 . 1) City Attorney Harper advised that based on a meeting this date, he would recommend continuance to allow the addition of j violations relating to the lake to this process. I MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ORDINANCE NO. 961 FOR TWO WEEKS. 42 . Second Reading Ordinance No. 960 - relating to Specific Plan 90-1 Amendment #1 - McArthur Glen. (F: 150. 2) i I ... .... . h i PAGE THIRTY-FIVE - CITY COUNCIL MINUTES - JULY 13, 1993 MOVED BY CHERVENY, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 960: ORDINANCE NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING SPECIFIC PLAN 90-1 AMENDMENT #1 AND MITIGATED NEGATIVE DECLARATION 93-3 FOR THE LAKE ELSINORE OUTLET CENTER (MCARTHUR GLEN) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCIL4EMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE j PUBLIC COMMENTS - NON-AGENDIZED ITEMS Ace Vallejos, 15231 Cobre, noted item 13 of this agenda regarding the Laguna Heights project. He expressed concern that this proposed project is incompatible with the surrounding zoning and development. He encouraged other residents concerned with the project to contact the Local Agency Formation Commission. He also expressed concern with the level of City services versus County services. He commented on the possibility of being included in an assessment district or paying additional taxes relating to the Municipal Stadium. City Attorney Harper clarified that it would not be possible to impact the residents with an assessment district or any other taxes for the Stadium. Joy Porthunder, 115 S. Spring Street, inquired whether Councilmembers Alongi and Cherveny intended to resign as discussed during the recent Recall Election. Both Councilmembers indicated they would not resign and suggested that not everything included in the newspaper should be believed. Peter Dawson, 18010 Grand Ave. , representing Southshore Homeowners, noted that this was the first Council Meeting since the City received the Lake. He congratulated the City on this transfer and expressed hope for a new level of cooperation between the City and the County property owners. Mayor Washburn concurred and announced a meeting on July 15, 1993 , regarding the master planning for the Lake. 1 i CITY MANAGER COMMENTS i E City Manager Molendyk reminded the Council of the July 15th Study Session and detailed the items to be discussed. City Manager Molendyk indicated that there was need for an Executive Session concerning Personnel/Labor Negotiations. MAYOR WASHBURN RECOMMENDED WITH COUNCIL CONCURRENCE THAT COUNCIL COMMENTS BE DEFERRED TO THE END OF THE REDEVELOPMENT AGENCY MEETING. THE CITY COUNCIL MEETING WAS RECESSED AT 10: 05 P.M. i i I PAGE THIRTY-SIX - CITY COUNCIL MINUTES - JULY 13, 1993 i i 1 I CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:46 P.M. i i CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10: 46 P.M. TO DISCUSS, O.M.G. VS. THE CITY, LABOR NEGOTIATIONS AND POTENTIAL LITIGATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 11: 05 P.M. NO ACTION TAKEN. i ADJOURNMENT f MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11: 06 P.M. TO JULY 19, 1993 , AT 2 : 00 P.M. IN THE PLANNING DEPARTMENT CONFERENCE ROOM OF CITY HALL, 130 S. MAIN ST EET, LAKE ELSINORE, CALIFORNIA. Y v( f GARY WASHBURN, MA CIT OF LAKE ELSINORE A TEST: f�, �. A VICKI KAS_hD, CITY CLERK CITY OF LAKE ELSINORE i I I 1 I I I i i f MINUTES CITY OF LAKE ELSINORE WORK SESSION 130 SOUTH MAIN STREET CONFERENCE ROOM "A & B" LAKE ELSINORE, CALIFORNIA THURSDAY, JULY 15, 1993 CALL TO ORDER The Work Session of City Council was called to order by Mayor Washburn at 3 : 07 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: Lake Advisory Committee Members : Dan Bender, Robert Schiffner, Peter Dawson, Nick Nash, City Manager Molendyk, Manager of Special Projects Watenpaugh, Administrative Services Director Boone, Community Development Manager Shear, Community Services Manager Best, City Planner Chip Leslie, Public Services Director Tecca, City Treasurer Pape and Deputy City Clerk Bryning. DISCUSSION 1 Update On Lake Treatment (F:92. 1) City Manager Molendyk explained that in the last week the necessary maintenance adjustments were made for the launch facilities to adjust for the evaporation of the Lake and the decision was made by Council to use the micro organisms to clean up the lake and this treatment is in progress . Manager of Special Projects Watenpaugh explained that today is the final treatment of the lake and that the remainder of the culture will be held for spot treatment within the next eight days . A type of copper sulfite was used around the lake edge to address that area for immediate use which is a temporary treatment . Mr. Watenpaugh then introduced Dr. Sutton who has been doing the analysis of the Lake. Dr. Sutton explained that it was his recommendation that the City use the micro organisms to treat the blue green algae. He further explained that he has seen a marked improvement in several areas of the Lake and the treatment will take approximately 60 days to clear the Lake. Dr. Sutton explained that there will be several different processes that will occur as the organism work. City Manager Molendyk questioned the white foam on the Lake edge. Dr. Sutton explained that that is the result of the break down of the blue green algae. The other change noted by Dr. Sutton is the lack of smell due to the treatments . Dr. Sutton explained that the spot treatments which will be administered will be the beginning of the ongoiing maintenance program for the Lake. Peter Dawson, Lake Advisory Committee member expressed concern regarding the use of copper sulfite in the lake and its effect on boats . City Manager Molendyk explained that the copper sulfite will be phased out as the micro organisms take over. The Copper sulfite was a temporary treatment only. PAGE TWO - WORK SESSION MINUTES - JULY 15, 1993 Dr. Sutton explained that the wind and boat action will affect the areas where there is a heavy concentration of blue green algae will appear heavy in spots and then clear up. Manager of Special Projects Watenpaugh explained that the solution of copper sulfite used is very light and that as the micro-organisms take over, the copper sulfite solution will be discontinued. He further explained that the copper sulfite only lasts a short period of time whereas the micro-organisms are the long term solution to the problem. Mayor Washburn asked how the Aqua Treat will affect the bottom of the Lake as far as the algae growth, as he has seen large patches surfacing recently. Dr. Sutton explained that the treatment is working and is breaking loose and the heat will also affect the growth and could cause another small bloom, but will be addressed by the micro organisms . Dr. Sutton pointed out that some forms of algae are necessary for the health of the Lake and for fish and plant life. Nick Nash, Lake Advisory Committee Member questioned the level of the Lake and the amount of algae which will grow; and asked if the depth of the lake being stabilized will aid in the retardation of the growth of the algae. Dr. Sutton explained the depth of water in the lake in which algae grows and indicated that Lake Stabilization will assist in preventing further growth of the algae . Mayor Washburn pointed out that this treatment is not the sole answer for the Lake in the long term, it will also need to be addressed through the fish population and control of the lake level as well as treatment by the micro-organisms . Dr. Sutton explained that the Lake is unique due to the depth and heat and the alkaline and this will require further study for the type of fish which will aid in the health of the Lake . Dan Bender asked if the micro organisms aid in the production of oxygen in the Lake which would promote the growth of fish in the Lake . Dr . Sutton explained that the micro-organisms eat the algae which chokes off the oxygen and will improve the environment for the fish. Mayor Washburn explained that the City must look at not only the water in the Lake currently, but also the water imported into the Lake and drainage as well as water received from up- stream due to heavy rains . Information on the surrounding area is necessary to maintain the balance of the Lake. Mr. Washburn asked how the City insures that it is not accepting problems from up-stream sources . Dr. Sutton explained that it is not easy, but not impossible. It should include a hot line from each sewage treatment plant which would alert the City of an impending problem. Peter Dawson stated that the primary source of water that the Lake will be receiving will be the output from the water treatment plant and is high in phosphate and asked what effect this will have on the Lake. Dr. Sutton explained that it will not affect the micro-organisms , but it does aid the growth of blue green algae; but the treatment plant will be addressing the amount of phosphate that will be released. 2 . Lake Elsinore Master Plan/Economic Feasibility Stud (F:92. 1) City Manager Molendyk explained that this is a budgeted item which will answer the economic questions in regard to the management of the Lake and the study will include boat capacity, future launch facilities, and speed on the Lake for different type of boats . He further explained that what the study will ascertain is what is best for the economics of PAGE THREE - WORK SESSION MINUTES -- JULY 15, 1993 the Lake. Mr. Molendyk explained that part of the study will address water access for all activities, the rules and regulations, the type of concessions/campgrounds, special events . This study will also include new facilities, developmental costs, operational costs and revenue generation that will be feasible for the economy of the Lake. He explained that there will be future workshops to address the items that will have to be addressed as the future needs are recognized. Manager of Special Projects Watenpaugh explained that a Master Plan for the Lake is no different than a master plan for a park or any other facility in terms of how it will be developed and utilized. Mr. Watenpaugh explained the exhibits and what the Master Plan of the Lake will entail . City Manager Molendyk explained that the Master Plan will be an additional tool in applying for State Waterway Grants and other recreational grants . Ron Nobel, Nobel Consultants, Marine Engineer, explained that his company is a civil engineering firm which deals only in water front projects and gave a list of the type of projects he has been involved in the past and explained that he would be glad to answer any questions . Dan Bender asked what the time line for this Master Plan would be. Mr. Nobel explained that it would depend on the requirements of the City regarding workshops and other necessary meetings . City Manager Molendyk explained that there are on going projects such as the Lake Edge Specific Plan and others that also affect the study. This will include development by the City and also development by the private sector. City Treasurer Pape asked if the Master Plan would go into what the City would expect to collect on revenue. Mr. Nobel explained that there has not been discussion in regard to how much detail would be expected, but this will be addressed in the Master Plan. City Manager Molendyk explained that part of the results of the Master Plan would be to address the ability to generate revenue from the Lake year round. . Mayor Washburn asked how we approach the revenue market . Mr. Nobel explained the object is to attract the market and develop a plan which will implement support for the different elements available through the Lake activities . Mayor Washburn asked how the Lake Edge Specific Plan would affect the Master Plan of the Lake. Manager of Special Projects Watenpaugh explained the incorporation of the Lake Edge Specific Plan in the Master Plan of the Lake and explained that it would be incorporated in the use and revenue of the Lake. City Treasurer Pape asked how closely the State Park would be examined. Mr. Nobel stated that it would be examined and will be incorporated in the study. Peter Dawson stated that access of private residences to the Lake will have to generate some type of revenue for the Lake and questioned how much will it cost the private residences for season passes versus day use and how it will be handled this year. Community Services Manager Best stated that all passes that have been issued will be honored and the City will PAGE FOUR - WORK SESSION MINUTES - JULY 15, 1993 be issuing passes at the same rate as the State until December i 31, 1993 . The amount will be reviewed for 1994 . Mr. Nash questioned the commercial value and private versus public and how this will be addressed by the City. Mr. Molendyk stated that this will be incorporated in the Master Plan and it will be determined how involved in the revenue of these enterprises . City Treasurer Pape asked about the swimming areas . Mr. Nobel stated that the sites will be addressed by the Master Plan and addressed on a case by case basis . Councilman Alongi asked where on the Lake a marina wouldbe proposed. Mr. Nobel stated that there are several potential sites and Manager of Special Projects Watenpaugh explained that the State had identified a site next to the Out Flow Channel as a potential site plus a Marina at the State Recreational Area as well as the existing marina and a potential marina in the East Lake area. Dan Bender stated that it might be a good thing to let the people know what the City will expect on the Lake, such as speed limits and rules and regulations and what facilities will be available. Mr. Molendyk explained that the City will strive for one development line all around the lake to give the City jurisdiction over the development of the Lake. Manager of Special Projects Watenpaugh explained that until the water is clean it was decided that it would not be wise to promote the use of the Lake for special events which would require closure of the Lake. It was felt that it would be preferable to keep the lake open for general use until late fall or early spring. Peter Dawson stated that short term, limited events could be held to utilize the Lake and promote events on a small scale. Councilman Alongi agreed that small events promoted on the Lake would be good and help the local economy. But, the clean up of the Lake is the most important . City Manager Molendyk explained that until we know how the clean up of the water is going, we should not promote events, but in thirty days we will be more able to do the type of events suggested. He further explained that as soon as the water is clean, there is a promotional tape to be shown on OCN in Orange County. Nick Nash asked if the City could issue an update which could be placed in the local businesses so that the citizens of the community can know what is happening with the lake . Such as the micro-organisms are not dangerous to humans and what is available and what will be available. Councilman Alongi stated that Lake information can be printed in the local newspapers . Pete Dawson asked if the City had considered rules and regulations for the Lake, with one set for weekends and one for during the week or lesser occupied times . Mr. Nobel stated that this is the first day of discussions and this will be developed at a later time. Mr. Dawson stated that water safety needs to be addressed to protect the people and the City. Dan Bender stated that the Lake Advisory Committee will work with the consultants and many of the ideas and plans will be worked through with the City and the Committee. City Manager PAGE FIVE - WORK SESSION MINUTES - JULY 15, 1993 Molendyk concurred and explained that this would be addressed in a possible Town Hall Meeting to give the public a chance to give their input. Mr. Nobel stressed the importance of proper input and having an idea of what the entire community would want. Jack Fry, Lake Elsinore Recreation Area stated that he works for the concessionaire at the old State Park and would like to be involved in the planning process . THE WORK SESSION WAS ADJOURNED AT 4 : 49 M. '4- L U- --/ GAR . WASHBURN, MAYOR Respectfully submitted, a L. Bryni g, Deput ity Cl k ATTEST: VICKI KASAD, CITY CLERK MINUTES ADJOURNED REGULAR CITY COUNCIL/ REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, JULY 19, 1993 CALL TO ORDER The meeting was called to order by Redevelopment Agency Chairman Winkler at 2 : 15 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Peter Lehr. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, CHERVENY, WINKLER, WASHBURN ABSENT: COUNCILMENMTBERS/BOARDMEMBERS: DOMINGUEZ Also present were: City Manager/Executive Director Molendyk, City Attorney/Legal Counsel Harper, Administrative Services Director Boone, Public Services Director Tecca, Special Projects Coordinator Wood, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk/Clerk of the Board Kasad. BUSINESS ITEMS 1. Clarification of Budget Item -- July 13 , 1993 . (F: 30. 1) Executive Director Molendyk stated that Boardmember Alongi and Boardmember Cherveny had requested clarification of the vote on the budget at the Meeting of July 13 , 1993, as they thought that they had approved the General Operating Budget, but no capital projects. Specifically they felt that they had not had the opportunity to discuss the Methodist Church or the Ambassador Hotel. Staff clarified that the Ambassador Hotel was a carry over and the Methodist Church, even through it appears on the one time dollar amount, it was the understanding that the money was moved into the RDA Budget. Mr. Molendyk stated for clarification that they felt that the operating budget was approved and all other projects would be subject to discussion in 30 days. Boardmember Cherveny stated that she needed clarification in regard to the status of these projects. Executive Director Molendyk explained that staff had no problem with the 30 day wait because nothing could transpire with those projects within that time, and indicated at the end of 30 days it can be brought back to Council for a specific vote. Chairman Winkler stated that it was his understanding that the Methodist Church was on the budget and it was approved. Boardmember Alongi explained that it was his impression that PAGE TWO - JOINT MEETING MINUTES - JULY 19, 1993 all the items that were on the list provided by Staff, were to be exempt from the vote, which included the Methodist Church. He further explained that he had stated at the time that he would go along with the budget, provided that all the items on the one time list would be removed and discussed later. Chairman Winkler stated that these items could be brought before the Board at the next regular meeting for reconsideration. Boardmember Cherveny requested clarification that the Capital Improvement Projects would be reviewed in three weeks. Chairman Winkler concurred. 2 . Update on Municipal Stadium Project. (F: 134 . 10) Executive Director Molendyk explained that staff is still working on the business plan for the stadium and advised that Mr. Murdock of Pacific Clay has offered to contribute, at a reduced cost, the amount of brick which would be needed for the front of the stadium to give it a real old style look. He noted that this contribution is equal to about $300, 000 to the City. He also advised that with the combined discussions with the Lehr family regarding the land required for the stadium, valued at approximately $600, 000, and noted that jointly these would constitute about one million dollars in private donations towards making the stadium work. He further explained that Volume Services which is a major vendor providing food and drink at a number of stadiums is looking at fronting the funds for all the equipment for those services on the inside plus an additional $200, 000 to help to off-set some of the front end operating costs. Mr. Molendyk stated that staff's primary concern is the first year of operation and the related costs and the Volume Services contribution as detailed would constitute approximately $1, 000, 000 for the stadium. Boardmember Cherveny asked if the concession items should go to bid. Executive Director Molendyk stated that it was not necessary. She then asked how long they would have the concession. Dan Young explained that it would be approximately 10 years or for the life of the ball team commitment. Legal Counsel Harper explained that this type of contracts are almost impossible to bid because essentially they are a negotiation process and there are three or four providers of those services with which the City has been in contact already. Executive Director Molendyk advised that a private management firm has been considered so that the City would not manage the stadium, rather it would be run like a business. A private management firm would then be responsible to front the money for all the events and the City would be relieved of that financial up-front cost, which would be economically feasible. Executive Director Molendyk noted the many possible uses for the stadium which will make it more economically feasible to run it like a business, as an enterprise account. He further noted that once construction begins, the City will be on a PAGE THREE - JOINT MEETING MINUTES - JOLY 19, 1993 tight time line and there will be no time for continuance of consideration. Boardmember Alongi asked what it would cost to convert the ballf ield from one type of sports field to another such as from a baseball field, to a soccer field, to a football field, to a rodeo arena. Executive Director Molendyk explained that the rodeo would be located adjacent to the parking lot. To completely remove the infield, take out the mounds, and turf and then replace it to get ready for the next baseball game it would be approximately $65,000. Boardmember Alongi stated that it would be cost prohibitive to use the ballfield for rodeo grounds and if the land and the brick is being donated for cost savings, then he would like to see the equivalent money spent on the rodeo grounds. He stated that he would like to see enough money allocated and raised to build both facilities in that area. Dan Young explained that there are two levels of rodeos. One is the type of rodeo we see in Lake Elsinore today and an area has been allocated adjacent to the stadium for that type of rodeo. The other is the potential major event which could wish to convert the field for rodeo and concert type events which could be promoted by a business management firm. Mr. Young assured Mr. Alongi that the separate rodeo grounds were included in the project. Dan Young explained the stadium model and stated that the stadium would go into final design and then go to bid. Mr. Young further explained that the donation by the Lehr family is equivalent to $600, 000 and they have asked that in return, the field be named the Pete Lehr Field in honor of their father. He further explained that there are two donations being made, one is the 19 acre site for the permanent facility which is the land under the stadium and permanent parking and 1 1/2 acres for a short cul-de-sac drive which runs parallel to the field. The family has also asked that they receive eight box seats for their donation as well as three parking spaces. The stadium will be named by the City and the field can be named for the donation as well as the street and the suggestion was for Pete Lehr Drive and Pete Lehr field. Boardmember Alongi requested clarification, if the ball park is not named for Mr. Lehr then the City would not receive the $600, 000 land donation. Mr. Young confirmed this. Mr. Alongi stated that in that case, in his opinion the City should pay for the entire facility and then have the choice of the name. He noted his knowledge of property values and explained that if there is going to be a contribution then there should be no attached requests to it. Boardmember Washburn asked if Boardmember Alongi had ever killed a "golden goose" before. Mr. Alongi indicated that he had many times. Mr. Washburn indicated that he felt he was trying to do so again. Mr. Alongi further indicated that he had killed it many times and done alright before. Chairman Winkler commented that this discussion was to the point of absurdity and indicated that in addition to being a negotiating tool, the Lehr's have been outstanding citizens and supported this entire plan, and in his opinion, even if there was no donation made Mr. Lehr would be worthy of having the field and street named after him, therefore he felt that PAGE FOUR - JOINT MEETING MINUTES - JULY 1-9,- 1993 Boardmember Alongi's comment was dead in the water and the discussion should move on. Boardmember Alongi indicated that it his comment was not dead in the water and- he would not move on. Chairman Winkler further suggested that the discussion move on. Boardmember Alongi further indicated that he would not move on, as he had not finished his comments. Chairman Winkler again suggested that the discussion move on. Boardmember Alongi again indicated that he would not move on. Chairman Winkler indicated that this was not Mr. Alongi's meeting. Mr. Alongi indicated that he did not care if it was his meeting or not. Chairman Winkler further indicated that the meeting would move on. Boardmember Washburn concurred that the discussion should move on. Additional Council debate ensued. Chairman Winkler directed that the City Clerk turn off the tape recorder until Councilman Alongi stopped talking. Mr. Alongi indicated that he would continue to speak as soon as the tape recorder was turned back on. Chairman Winkler ascertained that Mr. Young was ready to proceed in spite of the side discussions and advised that discussions would move on and directed that the recorder be turned back on. Mr. Young indicated that they were trying to make a facility for. . . . . Chairman Winkler indicated that there would be further discussions of the Rodeo as well. Mr. Young continued that they were trying to make a facility. . . . . Boardmember Alongi indicated that he was not bothered by Chairman Winkler at all. Mr. Young further continued that in order to accomplish that they would need to proceed very quickly. . . . . Further comments by Boardmembers were overlapping Mr. Young's comments. Boardmember Washburn indicated that he was still listening. Mr. Young indicated it is necessary for them to proceed with obtaining information from the sub- contracting world, bids from graders to evaluate costs and get in to the field as early as August 6th, so official action to authorize the project would be proposed for August 5th. Executive Director Molendyk explained that on a public works project it typically takes 15 days to begin the project, and the City will grant 30 days for extra time to organize and proceed; however, because of the tight time line it will be an exact amount of days and no time for continuance or grace days to proceed with the project. City Attorney Harper explained that one of the problems could be to acquire bidders due to the tight time lines and the amount of time to advertise. Dan Young stated that each item will be on a strict time line to meet the opening by spring. Boardmember Washburn asked if there was any way to negotiate a bid more specifically, and what happens if all the bids are PAGE FIVE - JOINT MEETING MINUTES - JULY 19, , 1993 higher than what the engineer's estimate is. Legal Counsel Harper explained that the bids can be rejected and restart the procedure. Mr. Young explained that there can be a request to Council for a budget adjustment, depending on the type of project, however each project will be different. Executive Director Molendyk explained that he and Legal Counsel Harper met with Finance this morning and the City has previously formed the Lake Elsinore Foundation for the purpose of cultural arts, recreation and human services and there are some people stepping forward with donations of materials and other things and this will allow people to make donations to the stadium in order to keep costs down. Boardmember Alongi asked if Murdock's donation of $300, 000 of brick will affect the Council. Legal Counsel Harper explained that the money does not go to Council, but does go to the stadium. Dan Young explained that there will be many facts associated with this project and one of the things necessary will be to appoint a public information person to give information to the press and public. Executive Director Molendyk explained that during the transfer of the Lake, the Council appointed the Mayor as the official spokesman because of type of project. Mr. Molendyk suggested that it might be appropriate to have the Redevelopment Agency Chairman as the official spokesperson. Dan Young stated that this stadium will be built two to three times faster than any stadium has been built and will require cooperation between all entities and agencies. Boardmember Washburn suggested that Mr. Young should get all the involved agencies together and set time lines so that there is proper communication. City Treasurer Pape asked if at the next meeting there would be more detail on the financial Plan. Mr. Young stated that there would. Mr. Pape asked if the dollars that the concession business was going to donate to the City would be funds that the City would not need to use. Mr. Young stated that they would not because it was not a budgeted item. All concession businesses do the improvements and then depend on a team which is signed to bring the people in who will use their business. If a concession business is not willing to do this, then it does have to be added to the budget and a bond issue is done to provide the facilities. Dan Young explained that the donations from the commercial community validate the purpose of the stadium. He further stated that there is a possible need for a meeting on July 28th, for the presentation of documents and a public hearing for the funding, the grading contract and other related matters on August 5th at 2 : 00 p.m. THE M�EETIN AD ED AT 3 :10 P. JIM WINKLER, CHA RMAN GARY WASHBURN, MAYOR R DEVELOPMENT AGENCY CIT -YF LAKE ELSINORE T $ . 'C ASAD, CITY CLERK/CLERK OF THE BOARD i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 27, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: CHERVENY Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Community Services Manager Best, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Elsinore Ready Mix. (F: 122. 1) Mayor Washburn indicated that Lawrence Cartier was not able to be present for this proclamation and his son Bob Cartier would be accepting it on behalf of Mr. Cartier and the Cartier family. Mayor Washburn read the Proclamation and presented it to Mr. Cartier, commending his family for the contributions they have made to the community. Mr. Cartier thanked the Council for this recognition. B. Lake Update. (F: 92 . 1) City Manager Molendyk indicated that the application of micro- organisms to the Lake is working as anticipated. Manager of Special Projects Watenpaugh further commented on the success of the initial application and indicated that beginning on Friday there will be additional spot treatments. He noted the increasing p.h. level in the Lake and indicated that the final result is anticipated to be between 7 . 2 and 8 . 2, which is very close to neutral.. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 21, 31, and 35 . PAGE TWO - CITY COUNCIL MINUTES - JULY 27, 1993 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 5a, 6, 7 , 10, 11, 12, 13 . MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Budget Workshop - July 1, 1993 . (F: 44 . 4) b. Regular City Council Meeting - July 13 , 1993 . (F:44.4) C. City Council Work Session - July 15, 1993 . (F:44 . 4) The following Minutes were received and ordered filed: d. Planning Commission Minutes - June 16, 1993 . (F: 60. 3) e. Planning Commission Minutes - June 30, 1993 . (F;60. 3) f. Planning Commission Minutes - July 7, 1993 . (F;60. 3) 3 . Received and ordered filed the Investment Report for June 30, 1993 . (F: 12 . 5) 4 . Ratified Warrant List for July 15, 1993 . (F: 12 . 3) 5b. Rejected and referred to Claims Administrator the Claim submitted by James Robert Roscher - CL #93-14 . (F:52 .2) 8 . Adopted Resolution No. 93-45, Setting Appropriation Limits for Fiscal Year 1993-94 (Proposition 4) . (F: 30. 1) RESOLUTION NO. 93-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1993-94 CONSISTENT WITH ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATION. 9. Adopted Resolution No. 93-46, Providing for the Establishment of the Riverside County Abandoned Vehicle Abatement Service Authority and Authorizing Imposition of Vehicle Registration Fee, (F: 68 . 1) (X:140. 1) RESOLUTION NO. 93-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE PROVIDING FOR THE ESTABLISHMENT OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY AND AUTHORIZING IMPOSITION OF VEHICLE REGISTRATION FEE. 14 . Approved Change Order No. 7 for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements for West Lake Elsinore, Community Facilities District 88-3 . (F: 22 .3) PAGE THREE - CITY COUNCIL MINUTES - JULY 27, 1993 15. Accepted Notice of Completion for Main Street/Pottery Street Intersection Improvements and Flint Street/Yarborough Park Improvements. (F: 156.2) 16. Accepted Notice of Completion for the Madison Street and Garfield Street Landscape and Irrigation. (F: 95.2) ITEMS PULLED FROM CONSENT CALENDAR 2. L. E.A.F. Animal Control Activity Report - June 1993. (F: 18. 2) Councilman Alongi commented on recent incidents regarding L.E.A.F. and the requirement that dogs be adopted by owners with fenced yards. He stressed the number of dog bites occurring and the need to maintain safety standards for the animals as well as the residents. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR JUNE, 1993. 5a. Claim Against the City - Jacob Hoffer - CL 93-11. (F:52 .2) City Attorney Harper indicated that after further investigation this item should not be considered at this time. 6 . Resolutions Confirminq Fiscal Year 1993-94 Special Taxes in Community Facilities District 91-2 (Summerhill Public Improvements) and in Community Facilities District 88-3 (West Lake Elsinore Public Improvements) - Resolution Nos. 93-39 and 93-40. (F:22. 3) Councilman Alongi indicated that he had pulled this item to abstain from vote. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH CHERVENY ABSENT AND ALONGI ABSTAINING TO ADOPT RESOLUTION NOS. 93-39 AND 93-40: RESOLUTION NO. 93-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 88-3) . RESOLUTION NO. 93-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES. (COMMUNITY FACILITIES DISTRICT 91-2) . 7 . Resolutions Confirming Fiscal Year 1993-94 Special Assessments for Assessment District 87-2 (Shoppers S uare Assessment District 89-1 (Summerhill Bridge Improvements) , Assessment District 86-1 Northwest Sewer District and Assessment District 90-IA Summerhill Public Improvements - Resolution Nos. 93-41 thru 93-44 . (F: 22 . 3) Councilman Alongi indicated that he had pulled this item to abstain from vote, PAGE FOUR - CITY COUNCIL MINUTES - JULY 27, 1993 MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH CHERVENY ABSENT AND ALONGI ABSTAINING TO ADOPT RESOLUTION NOS. RESOLUTION NO. 93-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 87-2) . RESOLUTION NO. 93-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 89-1) . RESOLUTION NO. 93-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 86-1) . RESOLUTION NO. 93-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. (ASSESSMENT DISTRICT 90-1A) 10. Cost Recovery for Demolition of 308 North Langstaff. (F: 32 .4) 11. Cost Recovery for Demolition of 409 Langstaff. 12 . Cost Recovery for Demolition of 505 Minthorn Street. 13 . Cost RecoverV for Demolition of 790 Lake Street. Councilman Alongi expressed disappointment that these items did not include a method of assuring repayment. He expressed particular concern with the demolition at 505 Minthorn Street which cost $45, 000. He stressed that there are currently no agreements stating when the money will be repaid. He indicated that he would like the Council to develop a program which would include interest and repayment requirements. He further indicated that tax dollars should not be used unless they can be repaid more quickly. He suggested that one year or eighteen months be allowed, followed by a foreclosure process. He also suggested that owners be asked to sign an agreement for this repayment. City Attorney Harper indicated that it an agreement can be obtained that would be fine, however he noted that this abatement process is not perceived as voluntary and agreements might be difficult to obtain. He suggested that Council consider a threshold amount at which they would see the foreclosure process being applicable. He noted previous discussions and the importance of recovering costs to allow for additional abatement work. PAGE FIVE - CITY COUNCIL MINUTES - JULY 27, 1993 Mayor Washburn commented on the 505 Minthorn property, noting that it was a real eyesore from the freeway, however based on the comments of the owner, a repayment agreement would not have been seen as an alternative. City Attorney Harper stressed that the objective and the best case scenario would be for the property owner to handle the demolition. Councilman Alongi questioned the ability to charge interest on the outstanding loans. Mayor Washburn suggested that staff investigate alternatives and respond via memo. City Attorney Harper indicated that they were assembling a list of outstanding loans and would review possible threshold amounts. Councilman Winkler suggested review of the entire list and consideration of each item individually. Cuncilman Alongi addressed 505 Minthorn and inquired what happened to the debris from the site. Community Development Manager Shear indicated the some was salvaged, some went to the dump and the trailings were spread on the site. Councilman Alongi inquired whether that material was more than 2 or 3 feet deep on any part of the lot. Mr. Shear indicated that it was. Councilman Alongi inquired whether it would be possible to build on that site with this material. Mr. Shear indicated that a soils engineer would require that it be removed prior to construction. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE COST RECOVERIES ON 308 NORTH LANGSTAFF, 409 LANGSTAFF, 505 MINTHORN STREET AND 790 LAKE STREET. PUBLIC HEARINGS 21. Laguna Heights Specific Plan 92-3 Environmental Impact Report 92-3 , and General Plan Amendment 93-1 - The Western Company. (F: 150. 2) (X: 83 . 2) RESCHEDULED TO AUGUST 10 1993 . Mayor Washburn noted two requests to address this item and explained that the meeting was rescheduled and renoticed for August 10, 1993 and requested that the comments be deferred to that date. BUSINESS ITEMS 31. Final Extension of Time for Tentative Tract Mau 19344 (C1W Asset. Management, Inc. ) - Serenity Homes _Tract at Corydon Road. (F: 160. 2) City Manager Molendyk explained this item and its continuance from July 13th to address conditions regarding the park site. A representative of the new owners of this project indicated that they had reviewed the conditions and were in agreement. PAGE SIX - CITY COUNCIL MINUTES - JULY 270 1993 MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO GRANT THE TWELVE MONTH EXTENSION OF TIME TO EXPIRE ON JUNE 26, 1994, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS - TENTATIVE TRACT MAP 19344 1. Substantial costs associated with the project flood control channel improvement plans have been incurred by the applicant, and the applicant has provided staff evidence that they have had an on- going effort to complete processing the flood control plans through the County Flood Control District. 2 . Conditions have been added by the Engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3 . The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS OF APPROVAL I. Extension of time #3 for Tentative Tract Map No. 19344 will expire on June 26, 1994 according to the Subdivision Map Act and Title 16 of the Lake Elsinore Municipal Code. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, title 16 unless modified by the Conditions of Approval. 3 . Approval contingent upon certification by City Council of a Focused Environmental Impact Report. 4 . Approval contingent upon approval of annexation request by the Local Agency Formation Commission (LAFCO) . 5 . A finding of conformity to the adopted General Plan. 6 . 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. 7 . Meet all City Codes and Ordinances. 8. Applicant shall meet all requirements of Ordinance No. 572 . 9. Applicant shall enter into an agreement with the Elementary and High School Districts to off-set overcrowding. 10. All trees planted along streetscape must be a minimum of fifteen (15) gallon size. PAGE SEVEN - CITY COUNCIL MINUTES - JULY 27, 1993 11. Applicant shall submit to the Planning Division and Engineering Department a map showing all eight (8) phases of development. 12 . Trailers utilized during the construction phase shall be approved by the Planning Division. 13 . Applicant will utilize the highest Uniform Building Code values pertinent to seismic structural design, as per Senior Building Official and/or ICBO recommendations. 14. Applicant shall submit plans/specifications for six-foot (61 ) decorative block wall along project perimeters to Planning/Engineering Departments for review, as per map item number 23 . This item is subject to review and final approval by Design Review Board. 15. Meet County Fire Department requirements for fire protection. 16 . Meet County Health Department requirements. 17 . Meet Regional Water Quality Control Board requirements. 18 . Applicant shall submit design elevations to the Design Review Board for approval. 19 . Participate in City-wide entry-signage program. 20. All signage must be under permit. 21. All park and recreational facilities must be improved to standards and specifications of Recreation and Park District and/or City Council. 22 . Provide transit facilities (i.e. , covered bus stops) within said project as deemed applicable by Chairman of Lake Elsinore Transit System. 23. Participate in Landscaping and Lighting District. 24 . All slopes must be planted with erosion control vegetation to be approved by Planning Division. 25 . Require developer to dedicate five (5) acres for park usage and improve 2 .7 acres of the five (5) acres. Improvements and location within the thirteen (13) acres to be at staff°s discretion, as a condition of the final map. Remainder of the thirteen (13) acres, which is not park site, to be dedicated as a buffer zone. 26. The entry to be as proposed by the developer, a small monument. 27 . Delete lots 305, 306, 307, 308, 309, 192, 193, 194 and 181, for creation of a buffer zone between the development and the airport. PAGE EIGHT - CITY COUNCIL MINUTES - JULY 27, 1993 28. Include a clause notifying buyers within the Tract of the development's proximity to an airport, 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 Cordon Road. Tests must be provided to show that existing paving is to the City Standards and will support the traffic load represented by the City Engineer's traffic index. Obtain Riverside county permits as required. 31. Construct curb, gutter and paving on all proposed streets to the specifications of the City Engineer. 32. 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 Cordon Road at either Palomar Street or Grand Avenue. Provide services of a traffic engineer to study the need of a signalized intersection at Cordon 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 Cordon Road. City will assist developer in acquiring right-of- way by corresponding with the property 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 Cordon Road. 38. All local streets which are not terminated in cul- de-sacs shall have 60-foot right-of-way with 40- PAGE NINE - CITY COUNCIL MINUTES - JULY 27, 1993 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 Cordon Road as approved by the City Engineer. 40. Provide bus turnout and bus shelter on Cordon 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 elevation 12701 , the lowest corner being elevation 12611 . Earth fill up to as high as 1276' is being proposed in this northwest corner of the tract to provide recreation and public facilities. City Ordinance No. 603 states in Section 2 . 3-1 (3) e "Review 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 recreation facilities are proposed below elevation 12701 . City Ordinance No. 711 states in section three: "No person, firm or corporation shall construct any new non-residential structure within the City of Lake Elsinore with the foundation or basement lower than the elevation of 1270' mean sea level within the perimeter streets of Lake Elsinore consisting of Grand Avenue, Riverside Drive, Mission Trail and Corydon Road, except as specifically permitted by the City Council on a case-by-case review. " PAGE TEN - CITY COUNCIL MINUTES - JULY 27, 1993 Planning Commission and City Council must interpret the proposals shown on the 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 developments 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 Cordon 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 (101 ) top width PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 27, 1993 maintenance road. An irrevocable offer of dedication of an easement shall be given by developer for this drainage facility. City will not accept the easement, but will leave underlying ownership and maintenance responsibility with the individual home owner. 53 . Comply with the requirements of Elsinore Valley Municipal Water District, County Health Department and California Regional Water Quality Control Board for sewage disposal. Provide letter from Elsinore Valley Municipal Water District pertaining to agreement regarding sewage disposal construction. 54. Developer to hook-up to regional sewer system. Install cleanouts behind the sidewalk on all sewer laterals as required by the City and/or Elsinore Valley Municipal Water District. Developer acknowledges that sewer lateral maintenance from the sewer main in the street to the property line is homeowner or Elsinore Valley Municipal Water District's responsibility. No occupancy will be granted until sewer service is available from Elsinore Valley Municipal Water District regional sewerage collection and treatment system. 55 . Provide a will-serve letter guaranteeing water service from Elsinore Valley Municipal Water District. 56 . Dedicate underground water rights and future water site to the City or its assignee. 57 . Pay all applicable Capital Improvement fund fees per Ordinance No. 572 . 58 . Pay all sewer fees as required by Elsinore Valley Municipal Water District. 59 . Pay all Public Safety fees (police and fire) per Resolution No. 83-87. 60. Pay all School fees. 61. Prior to Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner(s) and the City. 62 . Final Map shall show the following items with a prominent note: a) All geologic fault lines. b) 100-Year and 500-Year Flood Plain. c) Areas subject to flood hazards. 63 . Provide Tract Phasing Plan for City Engineer's approval. Bond public improvements for each phase, as approved by the City Engineer. PAGE TWELVE - CITY COUNCIL MINUTES - JULY 27, 1993 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. 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. 68. Developer shall complete construction of the 4 .85 acre park site which includes the 2 . 7 acre active park and have it ready for pre-maintenance acceptance by the Director of Community Services concurrent with the first Certificate of Occupancy excluding the model complex, for the next constructed phase. Provided the City has funds, Developer shall share the cost and participate in the installation of turf hydroseeding and permanent irrigation of the remaining approximate 7 .0 acre park site; otherwise, Developer shall install erosion control measures on-site in accordance with the previous parks agreement. 69 . All improvement plans and tracts shall be digitized. At certificate of occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC INFO/GIS or developer to pay $1, 000 per sheet for City digitizing. 70. Developer shall provide No Parking and Street Sweeping signs for streets within tract or pay a fee for installation by the City. 71. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 72 . Tract building and grading permit phasing shall be in accordance with agreed upon sequence of development activities signed August 1, 1988 . 73 . Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 74 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer ad approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 75. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutants Discharge System Permit prior to issuance of grading permit. 76. Applicant shall bond for the cost of the storm drain system for Cordon Street to the northwest boundary for tract 19344-3 as part of the first phase of future development. 77. The owner shall provide the City with storm water pollution prevention plan per the Regional Water Quality Control Board for Natural Pollutants Discharge System (NPDES) Permit prior to issuance of grading permit. 78 . Applicant to process a Letter of Map Revision (LOMR) for the Flood Insurance Rate Map (FIRM) for storm drain improvements which will be or have been installed as part of this tract. The LOMR shall be submitted to the Federal Emergency Management Agency (FEMA) prior to building permit issuance. 79 . The current property owner and/or developer shall assume all obligations and conditions contained in the "Agreement for Construction of Improvements and Dedication of Parkland" dated February 10, 1988. The current property owner shall also reexecute this agreement in their name with the City prior to the next Final Tract map approval. 80. Prior to the next Final Tract Map approval, the current property owner and/or developer shall provide a new bond for the cost of park construction as defined in the "Agreement for Construction of Improvements and Dedication of Parkland" . 32 . Ordinance No. 961 - Parking & Lake Regulation Enforcement Procedure. (F: 112 .1) (X:92 .1) MOVED BY ALONGI, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 961: Councilman Alongi indicated that he had two concerns, the first being the case of emergency parking in otherwise no parking areas. He suggested that this option be in place. PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 City Attorney Harper clarified that this ordinance does not impact existing parking ordinances and resolutions, except in the way they are processed and handled. Councilman Alongi inquired when this type of addition should be addressed. City Attorney Harper indicated that this would be addressed the same as any other parking regulation on a street by street basis. Councilman Alongi further inquired whether that would mean adopting this ordinance and coming back for amendments. Mr. Harper further clarified the ability to bring this back as a resolution. Councilman Alongi addressed Section 10. 12 . 060A of this ordinance and suggested that vehicles such as Recreational Vehicles be limited to 48 hour restrictions. City Attorney Harper clarified that this was merely ratification of the State statute and there is really no ability to limit the hours further. Councilman Alongi indicated that it was his understanding that Recreational Vehicles and Travel Trailers were not directly regulated as vehicles under the State code. City Attorney Harper indicated that the only vehicles not regulated in this way would be non-motor vehicles. Councilman Alongi then inquired whether travel trailers could be limited to 48 hours. City Attorney Harper indicated that they are addressed in a different area of the ordinance. Councilman Alongi further questioned the ability to adopt an ordinance limiting Recreational Vehicle and Travel Trailer parking. He stressed ongoing problems with blocked visibility and hazards created. City Attorney Harper indicated that would be possible if it were to ban the parking of these vehicles. ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 10. 12 IN ITS ENTIRETY. THE FOREGOING MOTION CARRIED UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 33 . Ordinance No. 962 - Regulating Control of Vicious and Potentially Dangerous Dogs. (F: 18 . 1) City Manager Molendyk indicated that Anne Washington, Executive Director of L.E.A.F. , was unable to attend this meeting and had requested that it be continued for two weeks. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM FOR TWO WEEKS. Mayor Washburn indicated that while the system sounded acceptable, he would suggested that the Council be represented on the determination board. PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 34. Southern California Joint Powers Insurance Authority Annual Meeting - Designation of Alternates. (F: 88 . 1) City Manager Molendyk indicated that initially it was thought that no Council would be able to attend this meeting, however, Councilman Alongi had since expressed an interest in attending with Administrative Services Director Boone. He suggested that Councilman Alongi be designated the Delegate and Mr. Boone designated as the Alternate. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DESIGNATE COUNCILMAN ALONGI AS THE DELEGATE TO THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND ADMINISTRATIVE SERVICES DIRECTOR BOONE AS THE ALTERNATE. 35. Notice of Default - CR & R. Inc. (F: 68. 1) (X: 163 . 1) City Manager Molendyk explained that it is the intent to give notice to CR & R, based on Section XII B of the contract, due to continuing problems of street sweeping services. This action would provide 30 days written notice to CR & R Inc. and if the problems are not resolved within the next 30 days then a final decision would be made. David Fahrion, Vice President for CR & R apologized for having to appear before the Council and stated that he is sensitive to the concerns and that his company is prepared to perform to meet the requirements of the City. He explained that his company has met with staff and is attempting to resolve the concerns, noting that the initial response was a bit of an overkill. Mr. Fahrion explained that as of July 16th, Apollo Sweeping's services were discontinued and CR & R is now using their own equipment and personnel and will continue to correct any problems and make the necessary improvements. He explained that CR & R has prepared a specific plan as to how his company will meet the expectations of the City and will be presenting it to staff within the next two days and asked the Council not to take formal action and allow his company a 30 day transitional period to allow CR & R to get their equipment and personnel in place so that they can do the job correctly and at the end of August if Council is not satisfied, then they will be justified in placing CR & R under a 30 day termination notice. Public Services Director Tecca presented a three minute video which described the deficiencies that are being discussed. The video showed some of the sweeping problems, bin problems and trash that was spilled and not cleaned up. City Manager Molendyk explained that the City has been under contract with CR & R since June, 1992, and that he did not think that it was an overkill when management recommended to the Council that there are defaults in the existing contract. He further explained that the video was taken this date, but the City hears it everyday and he feels strongly that the next 30 days are imperative to evaluate CR & R°s performance. Mayor Pro Tem Dominguez asked Mr. Fahrion if CR & R had picked up all the old trash cans and asked if the residents were notified. Mr. Fahrion stated that they were and that the PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 residents had been notified. Mr. Dominguez stated that there should be a follow-up to this because people are still contending with the old cans. City Manager Molendyk explained that generally when a city has a major contract there is a supervisor in that city to supervisor in the city to review problems and make everyone's job smoother. Mr. Molendyk stated that he was told that there is only one supervisor for four cities, and suggested that is a large geographical area for one person to handle. He reminded Mr. Fahrion that when CR & R negotiated their contract it was discussed and agreed that when CR & R's employees spilled trash or if there was trash in the streets, then the haulers would pick it up and this has not occurred. Mr. Molendyk indicated that he does hold CR & R responsible for the performance of street sweeping as they are CR & R's sub-contractors and CR & R has not addressed the problems. Mayor Pro Tem Dominguez stated that there needs to be a notice in the paper or on King Video 11311 to address the replacement of the trash cans. Mr. Fahrion concurred. Mr. Fahrion explained that there is a new route planned for the street sweeping to better address the issues and problems which have occurred. It is CR & R's intent to improve the overall efficiency of the program. He further explained that there is over a 1, 000 people in the City that are delinquent in their payment, and in the case of commercial users their service has been stopped in order to force payment for service. The majority of the bills are 90 to 120 days delinquent and this constitutes one fourth of the billings within the City. Mayor Washburn asked how many delinquencies there are in the other cities. Mr. Fahrion stated that the other cities have approximately a 10% delinquency ratio. City Manager Molendyk explained that it this should be covered in that the 20% who don't pay are covered by the 80% who do pay and noted that there was consideration to ultimately collect the trash fees through the tax bills as well. He indicated this could be brought back to Council for discussion. Mr. Fahrion stated that staff has been very responsive to their calls and have discussed several ideas and CR & R is moving forward, but he did want remind the Council of the cash flow problems which are experienced from this community and indicated he does have a complete listing of the persons who have not paid. Councilman Alongi questioned the commercial accounts which are not paying and CR & R having stopped service with a resulting build-up of trash. He asked if it would not have been better to remove the containers because of nonpayment instead. Mr. Alongi asked if there were an ordinance which would force commercial accounts to receive service and pay for that service. He explained that he does not like to see a trash bin flowing over and spilling trash as it creates a serious problem both for residential and commercial. City Manager Molendyk explained that it was discussed to place trash fees on the tax rolls so that the City could assist the PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 27, 1993 trash hauler in making that annual collection which can still be considered. Mayor Washburn explained that unfortunately one or two items that triggered this action, causes the situation of who owes what and creates confusion. He inquired if the customer overfills the trash bin and it spills, who is responsible for picking it up. Councilman Alongi suggested that if the hauler who collects observes that the trash bin is overflowing, then the customer should be notified that there is a need for a second trash receptacle. Mr. Fahrion explained that CR & R does not have the authority to apply more service to the customer, CR & R can notify, but it is up to the customer to increase the service. Public Services Director Tecca suggested that if CR & R has an overdue account, then the barrel is red tagged informing the people that the trash is accumulating and will not be picked up until the bill is paid. Code Enforcement can then follow up and site the resident or business for accumulating trash on their property. This is one method to force trash collection. Mr. Fahrion explained that no trash has been left in the residential sector but the stop service in the commercial is very effective and usually within one week the problem is resolved. He further explained that they are addressing the current problems and again requested that Council give CR & R the opportunity to set all solutions in motion and if the Council is still dissatisfied, then place the company on notice. Councilman Alongi explained to Mr. Fahrion that the trash that is falling out of the barrels is not being picked up. Mr. Fahrion stated that this will be resolved. Councilman Alongi stated that he was disappointed in the street sweeping and that he would like to have some way to notify on just the street sweeping and keep the trash service. Mayor Washburn asked if the Council moves to give the 30 day notice of violation of the terms and conditions of the contract who determines if CR & R lives up to the agreement or that they have failed to meet the concerns and the termination is final. City Attorney Harper stated that it would be a Council decision based upon input from staff. Councilman Winkler asked if Council would have to rescind the Notice of Termination if Council feels that they have met all the concerns, otherwise the termination becomes effective. City Attorney Harper stated that it would. Mr. Winkler asked if there was a provision in the contract that if the City decided to rescind the termination that CR & R would decide to continue the termination and quit service to the City. City Attorney Harper stated that there was no -orovision in the contract for this and it would be unlikely that CR & R would do so. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO BRING THIS ITEM BACK TO COUNCIL IN 30 DAYS TO DETERMINE AT THAT TIME IF THERE SHOULD BE A NOTICE OF DEFAULT. PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 27t 1993 Mayor Washburn stated that staff has been working with CR & R regarding the deficiencies and asked Mr. Fahrion if he could comply. Mr. Fahrion stated that he will meet with staff by Friday with a detailed specific plan including all the items of concern addressed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting with concurrence of the City Council. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting with concurrence of the City Council. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting with concurrence of the City Council. THE CITY COUNCIL MEETING WAS RECESSED AT 8 : 00 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8 : 59 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY TO DISCUSS REAL PROPERTY NEGOTIATIONS. THE CITY COUNCIL MEETING WAS RECONVENED AT 10: 19 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:20 P.M. TO THURSDAY, AUGUST 5, 1993 , AT 2 : 00 P.M. IN THE BOARD ROOM OF ELSINORE VALLEY MUNICIPAL WATER DISTRICT, 31315 CHANEY STREET, LAKE ELSINORE. GA M. WASHBURN, MAYOR CI OF LAKE ELSINORE A TEST, I ISAJD, CITY CLERK CITY OF LAKE E�SINORE MINUTES ADJOURNED REGULAR CITY COUNCIL/REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA Thursday, August 5, 1993 CALL TO ORDER The City Council Meeting was called to order by Mayor Washburn at 2 : 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS/ ALONGI, CHERVENY, DOMINGUEZ, BOARDMEMBERS: WINKLER, WASHBURN ABSENT: COUNCILMEMBERS/ NONE BOARDME14BERS: Also present were: City Manager/Executive Director Molendyk, Acting City Attorney/Legal Counsel Burns, Administrative Services Director Boone, City Planner Leslie, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk/Clerk of the Board Kasad. CALL TO ORDER The Redevelopment Agency Board Meeting was called to order at 2 : 05 p.m. for concurrent consideration. CONSENT CALENDAR MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Approved Recovery of Expenditures for the Abatement of Weeds, Rubbish, Refuse and Dirt and Adopted Resolution No. 93-47. (F: 166. 1) RESOLUTION NO. 93-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 2. Adopted Resolution No. 93--49 regarding Transfer of Construction Funds for Fiscal Year 1993-94 Debt Service Phase II in Community Facilities District 88-3 . (F: 22 . 3) PAGE TWO - JOINT ADJOURNED REGULAR MEETING - AUGUST 5, 1993 RESOLUTION NO. 93-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) PROVIDING FOR CONSTRUCTION-PERIOD INTEREST IN THE AMOUNT OF $3501000 TO BE CREDITED AGAINST REQUIRED REVENUES FOR FISCAL YEAR 1993-94 FOR SAID DISTRICT AND DIRECTING THE ENGINEER TO PREPARE A REPORT IN ACCORDANCE THEREWITH. PUBLIC HEARING 3 . Public Hearing and Consideration of Documents pertaining to the Lake Elsinore Municipal Stadium. (F: 134 . 10) City Manager/Executive Director Molendyk explained this item and highlighted the documents presented for consideration. He noted that Staff and Consultants were present to respond to Council questions. The City Clerk reported no written comments or protests. Chairman/Councilman Winkler opened the public hearing at 2 : 06 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 2 : 06 p.m. MOVED BY WINKLER, SECONDED BY WASHBURN TO APPROVE ITEMS 3 .a. THROUGH 3 .k. AS PRESENTED. Boardmember/Councilwoman Cherveny questioned the number of people representing the public in attendance. She noted for the record that there was only one person in attendance. Boardmember/Mayor Washburn noted for the record that the gentlemen present in the audience represents thousands of Little Leaguers in the Community. Boardmember/Councilman Alongi questioned the timing of this public hearing, rather than holding it at the regular evening meeting hour. He stressed the difficulty of attending meetings of this type when one must be at work. Chairman/Councilman Winkler indicated that it was necessary to meet this date to allow the project to begin and meet the deadlines. Boardmember/Councilman Alongi stressed the right of the public to speak and indicated that the working public is not able to attend meetings at this time. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE AND CHERVENY ABSTAINING, WITH A RESULT OF APPROVING THE FOLLOWING ACTIONS: a. Adopted Resolution No. RDA 93-7, Declaring Intention to Reimburse expenditures from the Proceeds of obligations to be issued by the Lake Elsinore Public Financing Authority and Loaned to the Redevelopment Agency. PAGE THREE - JOINT ADJOURNED REGULAR MEETING - AUGUST 5, 1993 RESOLUTION NO. RDA 93-7 A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND LOANED TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND DIRECTING CERTAIN ACTIONS. b. Approved First Amendment to Amended and Restated Lehr Option Agreement Under Threat of Condemnation and authorized signature of the agreement. c. Approved Agreement for Purchase and Sale of Real Property and Escrow Instructions Under Threat of Condemnation with the Peter J. Lehr Sr. and authorized signature of the agreement. d. Accepted Irrevocable Offer to Donate Stadium Site and Stadium Access Parcel and Unconditional Acceptance Subject to Covenants, Conditions, Restrictions & Reservations with Peter J. Lehr Sr. and authorized execution and recordation of the document. e. Approved Entry License Agreement with Peter J. .Lehr and authorized signature of the agreement. f. Approved Construction Management Agreement betw-zsn the Redevelopment Agency and Birtcher Construction Limited and authorized signature of the agreement. g. Approved Construction Management Agreement betty-F:en the Redevelopment Agency and Young Investment Group and authorized signature of the agreement. h. Approved Construction Management Agreement between the Redevelopment Agency and Peter M. Savello & Associates, Inc. and authorized signature of the agreement. i. Approved Addendum to the East Lake Specific Plan Final Environmental Impact Report (93-3) for the Revised Lake Elsinore Stadium Location and adapted Resolution No. 93-48 . RESOLUTION NO. 93-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR EAST LAKE COMMUNITY BUILDERS/CITY OF LAKE ELSINORE (EAST LAKE) AND ADOPTING FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL EFFECTS OF THE PROPOSED STADIUM AS SET FORTH IN THE FINAL EIR AND ADDENDUM. j . Approved Variance from the Requirements of Section 7 .78. 080 (F) of the Lake Elsinore Municipal Code for a variance from the noise level restrictions for the Lake Elsinore Municipal Stadium Construction Project; . k. Awarded Contracts for Rough Grading of the Stadium Site to Nelson & Belding in the amount of $606, 130. 00; for Field Survey to Hunsaker & Associates in the amount of $132, 000; and to Pacific Soils Engineering, Inc. for Soils Testing in the amount of $73, 650. 00, and authorized signature of the Contracts. PAGE FOUR - JOINT ADJOURNED REGULAR MEETING AUGUST S, 1993 Executive Director/City Manager Molendyk commented on the memo presented and explained that the management team as proposed will supervise the entire project to keep it on schedule and on budget. CLOSED SESSION None. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTt TO ADJOURN THE JOINT ADJOURNED REGULAR MEETING AT 2 : 10 P.M. GARY . IWASHBURN, MAYOR JIM WINKLER, CHAIRMAN CITY FtLAKE ELSINORE REDEVELOPMENT AGENCY A TEST: VICKI KASAD� CITY CLERK/ CLERK OF THE BOARD MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 10, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez . ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Acting City Attorney Burns, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh and City Clerk Kasad. PRESENTATIONS/CEREMONIALS Mayor Washburn requested that the City Manager provide an update on the Stadium project. (F: 134. 10) City Manager Molendyk noted that a special meeting was held on August 5, 1993 , at which time the contract was awarded for grading of the Municipal Stadium site and construction is underway. He further noted that lighting was being used in the floodplain to allow for hauling of dirt and construction at night. Brian Meyers, Young Investment Group, advised that bids on this project were opened on August 4th with 45 sets of specifications out and 12 bids submitted. He further advised that the low bid accepted was under budget, work began on August 6th, and they began accepting dirt from the Walmart site on August 9th. He noted that the hauling is being done at night to limit traffic disturbance and allow for synchronization of traffic signals. He also noted that to date the grading project has been very successful. Mayor Washburn inquired where the best location for viewing the project underway would be. Mr. Meyers indicated that they will be providing a dirt platform for viewing at the intersection of Campbell and the Railroad Canyon Intersection. He stressed that this would keep people out of the way of the trucks and still allow for viewing. City Manager Molendyk commented on the potential liability of having the public on site and advised that on August llth the site would be signed as a construction zone and access will be limited. He also advised that the intent is to move approximately 8, 000 yards of dirt per evening. He stressed that all necessary permits PAGE TWO - CITY COUNCIL MINUTES - AUGUST 100 1993 and approvals have been received. He noted recent calls with questions concerning the Stadium, season tickets, etc. and indicated that updates would be provided at Council meetings as the information is available. Mayor Washburn suggested that people wanting information on tickets, etc. contact City Hall. Mr. Meyers indicated that ticket sales will most likely begin the second week in September. Councilman Alongi indicated that he had received information that the Stadium site is historical site #4042 and requested clarification. Tom Ryan, representing the Chamber Group, indicated that site 4042 is not located within the grading area, but closer to the Von's shopping center. He stressed that it will not be impacted at all by the grading operation. He further indicated that the site is approximately 50 meters by 100 meters. Mayor Washburn inquired whether this site is addressed by the E.I.Ro Mr. Ryan indicated that it is addressed by the E.I.R. Mayor Washburn noted the necessary monitoring and testing which would be required. Councilman Alongi inquired who had certified the location of this site. Mr. Ryan indicated that it is on the site map and archeological maps from the Corps of Engineers, as well as being delineated in the E. I.R. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item number 21 of this agenda and deferred to that time. CONSENT CALENDAR 1. Minutes a. Adjourned Regular City Council/Redevelopment Acrency Meeting -_ July 19, 1993 . (Fs44 . 4) Councilman Alongi indicated that on page 3 of 4 these minutes were not complete. He further indicated that the meeting was interrupted with the tape recorder being turned off. He read Council Policy No. 100-7 regarding City Council Meeting Tapes, and stressed that they are to be maintained as public record for four years. He commented that the Chairman does not have the right to require the Clerk to turn off the recorder. He also read Council Policy No. 200-1, Section 4 . 2 regarding the "Right of Floor" , indicating that he was not allowed his comments after being given the floor. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE THE MINUTES AS PRESENTED. Councilman Alongi indicated that if the Council approves the Minutes as presented he will file complaints with the Fair Political Practices Commission and the State Attorney General's Office on this matter. He stressed that the minutes are not correct. THE FOREGOING MOTION WAS WITHDRAWN. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 10,, 1993 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO HAVE THE CITY CLERK REVIEW THE TAPES FOR ACCURACY AND RETURN THE MINUTES FOR CONSIDERATION. b. Regular City Council Meeting - July 27 1993. (F:44.4) MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD ON JULY 27, 1993 . C. Ad 'ourned Regular City Council/Redevelopment Agency Meeting - Aucqust 5, 1993 . (F: 44 . 4) MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/REDEVELOPMENT AGENCY MEETING HELD ON AUGUST 5, 1993 . d. Planning Commission Meeting - July 19 1993 . (F:60.3) MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE PLANNING COMMISSION MINUTES OF THE MEETING HELD ON JULY 19, 1993 . 2. Building Activity Report - July, 1993 . (F: 32 . 2) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE BUILDING ACTIVITY REPORT FOR JULY, 1993 . 3. Code Enforcement Activity Report - July, 1993 . (F:54. 1) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR JULY, 1993. 4. Warrant List - July 30 , 1993. (F: 12. 3) Councilwoman Cherveny questioned the Lake Park and Recreation Account and the $575, 000 expenditure. Administrative Services Director Boone indicated that this was the repayment. Councilwoman Cherveny inquired whether the expenditures from this account were in fact $909, 000. Mr. Boone confirmed indicating this was repayment of the loan from the Agency and the clean up work. Councilwoman Cherveny further questioned this total amount of expenditures and questioned the amount of funds received from the State with the transfer. Mr. Boone indicated that it was a total of $1. 5 million. Mayor Washburn requested that staff provide a status report on the fund. Councilwoman Cherveny questioned warrant number 32337. Mr. Boone indicated that this was the tax collection for Community Facilities District 90-2 which is paid to the City and transferred to the Redevelopment Agency. Councilwoman Cherveny addressed the Lake Enterprise Account and inquired whether it has been confirmed that the $400,000 for the lake clean up is a justifiable expense for the funds. Mr. Boone indicated that he believes it is, but is continuing to investigate. Councilwoman Cherveny requested a memo detailing appropriate uses for those funds. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 100 1993 MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 5 . Claim Against the City - _Lake Elsinore Recreation Area Inc. (F:52.2) Councilwoman Cherveny expressed concern that there is already one lawsuit and inquired if this was in fact the second. City Manager Molendyk indicated that the first lawsuit is ongoing with the State and the concessionaire; while this addresses the loss of revenues from the flooding in January. Mayor Washburn indicated that the City was not the party responsible for the flooding. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO REJECT THIS CLAIM AND REFER IT TO THE CLAIMS ADMINISTRATOR FOR HANDLING; AND AUTHORIZE THE CITY CLERK TO TRANSMIT A LETTER TO THE CLAIMANT INFORMING THEM OF THIS DECISION. 6. Resolution No. 93-50 - Ordering Judicial Foreclosure of Delinquent Special Taxes on Community Facilities District 88-3 . (F: 22 . 3) Councilwoman Cherveny noted the delinquency rates in three Community Facilities Districts and questioned the need to begin foreclosure on the owners in the other two districts. Mr. Boone indicated that in this particular district the third phase of funding is pending this action on the existing delinquencies. Councilwoman Cherveny questioned the impact of this concern on the proposed fire station. Mr. Boone indicated that it is to be funded with the third phase. Councilwoman Cherveny commented that the fire station will not proceed without this action. Mr. Boone further indicated that the foreclosure on the other districts could not proceed until the final delinquency list is received from the County. Councilwoman Cherveny addressed the district with a 96% delinquency rate and questioned whether the City holds adequate reserves to cover the shortfall. Mr. Boone indicated that there was some money in the fund for the district. Councilwoman Cherveny inquired what happens if the reserves are used up. Mr. Boone advised that the City is not legally responsible for these, however the existing reserves should cover for three more years. Councilwoman Cherveny further questioned what happens if the reserves are depleted. Mr. Boone indicated that the foreclosures would proceed and in the worst case the bond holders would receive the property. Councilwoman Cherveny requested that updates be provided on all of the district delinquencies. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-50 . RESOLUTION NO. 93-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ORDERING JUDICIAL FORECLOSURE OF DELINQUENT TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 , THAT THE TAX COLLECTOR BE CREDITED WITH THOSE TAXES AND DESIGNATING COUNSEL. 7 . Acce tance of Bids for Demolition of Hazardous Structure - PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 10, 1993 17054 Ulmer Street. (F:32 .4) Councilman Alongi expressed concern that no photo was provided of this property. He expressed further concern that the funds for this demolition come from the Redevelopment Agency, but there is no system in place to recoup the costs. He inquired if the property defaults on the taxes, whether the City is notified or if it just looses out. City Manager Molendyk indicated that if the property is in default it would be settled, and Council can start foreclosure at any time. Councilman Alongi expressed concern that there is no time limit. Councilwoman Cherveny indicated that she was concerned that the foreclosures are not begun right away. Mayor Washburn indicated that would be possible. Acting City Attorney Burns confirmed that a lien can be foreclosed upon at any time. He further confirmed that the City would be notified of defaults. Councilman Alongi expressed concern that the County would be first in line for reimbursement. He also indicated that he is familiar with this property and is concerned with the expenditure. Mayor Washburn indicated that this work should proceed with a lien on the property and the Council needs to talk about the process. Mayor Pro Tem Dominguez suggested a Study Session on this topic. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE LOW BID FROM ENVIRONMENTAL CONTROL SYSTEMS IN THE AMOUNT OF $15,700.00 AND DIRECT STAFF TO PROCEED WITH THE DEMOLITION. 8. Award of Contract - Summerhill Drive Walkway - Del Pizzoli to Ponte Russo. (F:146.1) Councilman Alongi indicated that he is an advocate of this sidewalk, but he also advocates sidewalks in other areas. He further indicated that he does not appreciate taking $14,000 out of the City budget when the problem actually lies with the developer of Tuscany Hills. He stressed that the developer should provide the sidewalk. Mayor Washburn indicated that the sidewalk is a condition of the development to proceed with construction of the project. He indicated that if the Council wants the sidewalk now, the City will have to do it. Councilman Alongi indicated that this is not a responsibility of the City, when the developer agreed to provide it. He stressed that City dollars should not be used to address this for the developer; he questioned the potential for reimbursement by the developer. City Manager Molendyk indicated that it would not be reimbursed. Councilman Alongi indicated that he did not want the City to provide the sidewalk although he attended the meeting. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 10p 1993 City Manager Molendyk detailed the number of children attending the school and the percentage bussed to the site versus walking to school. He stressed the need for Council to make a decision on this so if the sidewalk is to be provided it can be done before the rainy season. He noted the need for street lights in this area as well, and indicated that without the completion of the conduit it was not possible. He commented that it was the feeling of the traffic engineer that the kids should be off the street and this was the best possible solution for that. Councilwoman Cherveny inquired whether this money was from the general fund or capital improvements. City Manager Molendyk indicated that $100, 000 is allocated annually for sidewalks. Councilman Winkler inquired where these funds are from. Mr. Molendyk indicated that it came from Gas Tax, etc. Council discussion ensued regarding the funding sources and use. MOVED BY WASHBURN, SECONDED BY ALONGI TO TABLE THIS ITEM INDEFINITELY. City Manager Molendyk suggested discussion at the next Council Meeting to allow for any work to be completed prior to rains. THE MOTION WAS AMENDED WITH CONSENT OF THE SECOND TO TABLE THIS ITEM UNTIL THE NEXT CITY COUNCIL MEETING. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 9 . Lehr Drive - Rescind One-Wav Traffic Restriction - Resolution No. 93-51. (F: 162 .2) MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-51. RESOLUTION NO. 93-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RESCINDING RESOLUTION NO. 85-65 WHICH ESTABLISHED LEHR DRIVE EASTERLY OF RIVERSIDE DRIVE AS AN ONE-WAY STREET. 10. Cost Recovery for Board up of California Inn - 164 South-Main Street. (F; 32. 4) Councilman Alongi noted that the Agency is loaning this project $200, 000 for the rehabilitation of the building. He suggested that this $8 , 565. 00 be deducted from that loan. Councilwoman Cherveny concurred with this suggestion. Mayor Washburn indicated that he was not certain what the verbiage of the contract called for. Councilman Alongi further recommended deduction of this amount from the loan. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 11. Cost Recovery for Board up of 17377 Baker Street. (F: 32. 4) Councilman Alongi inquired who the owner of this property is. Community Development Manager Shear indicated that the property is owned by Mr. Carl May. PAGE SEVEN -- CITY COUNCIL MINUTES -- AUGUST 10e 1993 MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. Councilwoman Cherveny questioned the ability to start foreclosure as soon as the lien is placed. She questioned the number of liens pending. Mr. Shear indicated that he was not certain how many liens were pending, but the total cost is approximately $200,000. He further indicated that in discussion with the City Attorney, one concern is that the foreclosure process might cost more than the liens are worth, and they are currently reviewing all liens to determine those appropriate to pursue. Councilwoman Cherveny requested a list of properties and the period of time, each has been held. Councilman Winkler stressed the importance of pursuing only those which are cost efficient. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 12. Cost Recovery for Demolition of410 North Poe Street. (F:32 . 4) Councilman Alongi indicated that he had gone by this property and the one next door is a nice piece of property. He stressed his interest in providing low income housing and suggested with less than $20, 000 this property could have been rehabilitated and made useful. He stressed the need for a program to assist owners or acquire property which could be rehabilitated to provide low income housing. He expressed concern with tearing down properties which could be rehabilitated. Councilman Winkler inquired whether this building had in fact already been demolished in June. Mr. Alongi indicated that it had, however, he stressed the potential to rehabilitate. Mayor Washburn suggested that these comments be reserved for Council Comments and addressed at that time. Councilman Winkler stressed that this building had already been demolished. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 13 . Cost Recovery for Structure Abatement Action at 29523 La Shell. (F:32 .4) Councilman Alongi indicated that he has questioned this property before, noting he is uncertain why the property is in such a condition. He suggested investigation of taking over the building, noting that it could be acquired or finished through assistance from the Agency. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 100 1993 14 . Cost RecoverV for Board up of 30181 Riverside Drive. (F: 32 .4) Councilman Alongi questioned the problem with this property and the ability for the Redevelopment Agency to step in an assist. He indicated that this was another situation that a program could address. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 15. Set Public Hearing Date of August 24, 1993, for the following: a. Specific Plan 92-3 Environmental Impact Report 91-3 and Tentative Tract Map 27415 (Lake Terrace) „ = Komerica Land Development. (F: 150. 2) Councilman Alongi questioned this Specific Plan number indicating that it was the same as item #21 of this agenda relating to Laguna Heights. City Clerk Kasad advised that this had been investigated and this item should be Specific Plan No. 92-2 ; and all notices have been corrected. MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE HEARING DATE OF AUGUST 24, 1993 , FOR SPECIFIC PLAN 92-2 , ENVIRONMENTAL IMPACT REPORT 91-3 AND TENTATIVE TRACT MAP 27415 (LAKE TERRACE) - KOMERICA LAND DEVELOPMENT. PUBLIC HEARINGS 21. Laguna Heights Specific Plan 92-3 , Environmental Impact Report 92-3 and General Plan Amendment 93-1 - The Western Company. (F: 150.2) Councilman Winkler excused himself from the table due to a potential conflict of interest. City Manager Molendyk explained that Laguna Heights is located in the County area adjacent to the City and is a Specific Plan. He further explained that if approved it will go forward to LAFCO for consideration of the annexation. He noted that the project has involved a number of neighborhood meetings with the developer and affected neighborhoods. City Planner Leslie detailed the Planning Commission of the project. He further explained that even if this project is approved as a Specific Plan and the General Plan Amendment is passed the project will still have to come back to Planning Commission and the City Council for the annexation. He advised that staff is currently trying to work out exactly what area will be included in the annexation proposal. Mr. Leslie further advised that the main issues discussed at the Planning Commission included density, product type, access, traffic, ridgelines and hillside development, school mitigation, equestrian use and trails, drainage and annexation. He detailed some of the conditions of approval adopted by the Commission including Condition No. 31, which included wording requested by the School District regarding mitigation and a school site in the project; Condition No. 47, reducing the vehicle trips which would be added to Toft Drive and Amorose by the project from 1,500 vehicle trips down to PAGE NINE - CITY COUNCIL MINUTES - AUGUST 10, 1993 1,300 vehicle trips with the final access to be brought back under an amendment to the Specific Plan; Condition No. 52, which requires proposed Laguna Drive South, along the back of the lots on the south side of Toft Drive coming off of Grand Avenue be graded in the initial grading phase so that could be the construction access to the site prohibiting construction traffic on Toft and Amorose. Other areas of concern were the closing of Toft and Amorose Street to the project once the project is complete, to be used only for emergency access, screening from the Brookstone Development of the Drive that leads up to the golf course and club house. City Clerk Kasad reported that there were 12 individual letters, approximately 86 form letters and approximately 250 petition signatures submitted over the last 15 months regarding this project. Mayor Washburn opened the public hearing at 7: 55 p.m. and asked Mr. Kelly of Brookstone Homeowner's Association to speak. Mr. Kelly asked the Mayor if their attorney could speak on the homeowners behalf. Mayor Washburn concurred. Mary Howell, Attorney for Brookstone Homeowners Association, Woodhaven Homeowners Association and North Amorose Owners Association cited all correspondence to the Council and the School District from the various homeowner's associations addressing their concerns. She suggested that there might be a potential conflict of interest for Mayor Washburn because of a prior association with Estes Realty for which served as a broker with that firm for Mr. Chen. Mayor Washburn explained that the City Attorney has found that there was is no conflict of interest because the transaction was handled by another agent, and the transaction occurred in 1988 which would make it no longer applicable. Mary Howell expressed her concern regarding a potential conflict between the CC & R's and Condition No. 52. H. John Kelly, 14845 Amorose, addressed items presented to the Planning Commission regarding ridgelines and skylines, and presented a photograph of the view from his area and noted that the proposed project will obstruct that view. He also pointed out the fact that the proposed area is not barren. He explained that there seems to be a problem with the language and how it is defined and stated his opposition to the project. Councilman Alongi asked Mayor Washburn why the people in favor of the project were not called upon first. Mayor Washburn explained that he had chosen to use this order due to the volume of requests to address Council. Linda Hollingsworth, 30520 Timey Street, presented photographs and explained that she was in opposition to the project because she felt that the project was not compatible with existing homes and would affect the quality of life for the existing residences. City Manager Molendyk clarified that the Woodhaven Homes are not in the City. PAGE TEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 Betty Baluski, 15750 Alvarado Street, asked that the Council be open to cooperation between the City and the County and commented that she is opposed to the project because it will change the quality of life in their area, and because she owns property zoned for horses, the project threatens the ability for the people to ride their horses. Allan Knight, 30570 Brookstone Lane, questioned the collector roads of the project and asked why Mr. Chen, the developer of the project, when requested, refused to provide financial information to the residents. Mr. Knight questioned the developer's ability to pay for this project. Mary Howell, Attorney, explained the CC & RI and the conflict which will occur regarding access and the inability for the developer to obtain this. She commented that this project is at odds with the General Plan. She cautioned the City that if they approve the project and it is not properly conditioned there is potential litigation. She suggested that the Council condition the developer to indemnify the City against any challenge by the homeowners and complete financial disclosures for complete indemnification. Ted Kramer, 15077 Patrick Court, spoke in opposition to the project as it is proposed. He stated that this project is not good for the community due to the traffic. He also noted that Patrick Court was approved as a cul-de-sac street and the plan asks that it be changed to a major thoroughfare. He stated that he purchased his home because Patrick Court was a cul-de- sac and asked that Council not allow this change. Regie Kramer, 15077 Patrick Court, stated her concerns with the traffic proposed on Patrick Court and the impact on the school system. Marie Locke, 15025 Monty Court, questioned the biologist report for the environment and stated that she questioned the ability of the biologist to make findings on the project's impact ont he wildlife after only four days of investigation. She stated that the project should be delayed until further studies are done regarding endangered species and flyways for birds. David Locke, 15025 Monte Court, stated his opposition to the project due to the conflict with the General Plan. He explained that to accommodate this project the integrity of the land and scenic skyline will be compromised. Robert Gasio, 14533 Amorose Street, stated he was in opposition to the project due to building on sensitive areas and the impact of traffic on the surrounding neighborhoods. He stressed the ingress and egress from the golf course, country club and residences, and noted the potential impact of alcohol on this traffic. He expressed concern in that the Brookstone Ranch group solely owns and maintains the flood control channel, and stressed the impact that the project will have upon this channel. He asked if Laguna Heights would be responsible for any damage to the flood control channel which might occur. William Denisi, 30669 Rockridge Road, stated that his property PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 abuts the project and he has concerns regarding public safety and the impact of the project on critical public safety service. Philip L. Irving, 14867 Amorose Street, expressed his concern and opposition to the project specifically addressing flood control and the flood control channel which Brookstone Ranch Property Owners Association owns. He stated that the project would have detrimental effects on the Brookstone residences, as the channel is not designed for any increased flow which can occur from the Laguna Heights Project. Lea Routledge, 14505 Amorose Street, explained her opposition to the project due to traffic, density, environmental concerns, commercial uses, equestrian uses, watershed, project access and tract compatibility. Lee Bulen, 14949 Toft Street, President of the Board of Directors of Brookstone Ranch Homeowners Association, stated his opposition to the project and cited the traffic circulation as one of the major problems with the Laguna Heights project. He explained that the amount of traffic from this project, as well as the existing residences of the Brookstone Ranch amounts to approximately one car per minute in a twenty-four hour period. He stressed that this would make ingress and egress from private driveways a real problem. He further explained that the Patrick Court has a steep grade and a small approach on Grand Avenue and is directly across from an elementary school which could create another safety problem. Ace Vallejos, 15231 Cobre Street, stated his opposition to the project due to drainage, potential mud slides and the inconsistent density to existing land use. Jeanie Archer, 15271 Alvarado Street, expressed her opposition to the project due to the drainage which could cause further and more severe damage to her property from water run-off caused by rain. She stated that the property currently drains through her property and with development it would increase the problem of erosion she already has. THE CITY COUNCIL MEETING WAS RECESSED AT 9: 11 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9 :30 P.M. Jim Turner, 14743 Toft Drive, stated his opposition to the project due to increased traffic and the danger it poses to children in the Brookstone Ranch Tract. Mayor Washburn then asked those in favor of the project to speak. The following persons spoke: John Mandrell, The Keith Companies, representing the applicant, gave a brief history of the project. Rick Stevens, The Keith Companies, commented on the drainage mitigation for the project and the check basins which will prevent drainage from exceeding the current flows which go through the drainage channel in Brookstone Ranch . He further PAGE TWELVE - CITY COUNCIL MINUTES a AUGUST 10p 1993 addressed density, land use types, open space, golf course, equestrian site, access and equestrian trails. lair. Stevens explained that this project provides recreational and residential opportunities to various segments of the community both public and private. Les Card, LSA Associates, Civil and Traffic Engineer for the Laguna Heights project, explained the traffic issues and addressed the impact on Patrick Court and Amorose Street and the acceptable limits of traffic on those streets. He commented that number stated is the maximum and the real amount of traffic will be considerably less. Wendy Katagi, The Keith Companies, addressed the biological concerns and stated that the applicant addressed the sensitive areas of the project to preserve those areas. She stated that the consultant firm used to survey the area is reputable and the survey was accurate. Councilwoman Cherveny explained that she has had the opportunity to review the project within the last year and stated that The Keith Companies have done a good job with their presentation. She commended Mr. Chen for his efforts to mitigate some of the concerns of the property owners, and commended the homeowners for their professional attitude in expressing their objections to the project. Mrs. Cherveny expressed concern regarding the ridgeline development and stated that she did not want to see a Santa Ana Canyon situation. She indicated she wished to see the integrity of the ridgeline maintained and the homes dropped down to leave the ridgeline undisturbed. She further indicated that the developer should provide his own access to the project and not depend on other developments for access, and noted that she shared the homeowners concerns regarding traffic and public services in their tract. She suggested that she feels that this might place their neighborhoods at risk. Rick Stevens explained the ridgeline design and how it will work with the environment and detailed the grading which will occur. City Planner Leslie clarified that the majority of the site in the General Plan for Laguna Heights is a Specific Plan area, He further clarified that there are two areas which are not part of the Specific Plan; one is specified as open space conservation area and the other is specified as mountainous area; and the amendment is to change those to the Specific Plan designation for consistency with the rest of the project. Rick Stevens addressed the Public Services and explained the current response times to the site, the fire services, the study that was completed, as well as the improvements which will be done as part of the project. Councilman Alongi responded to concerns of the persons who spoke in opposition to the project. He addressed the equestrian trails and equestrian recreation in the County area and commented that if the area is annexed the use would be maintained and stressed that he would like to see this retained. He addressed the public safety concerns and PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 explained that the general tax rolls will not fund what will be needed for the City so the funding will have to be generated from other sources. Mr. Alongi stated that if the owners wish to protect their rural area they to become informed regarding the General Plan and what it will allow. He indicated that the developer has the right to do a project as long as it is in conformance with the General Plan. He disagreed with the concerns regarding the drainage since this issue was addressed and designed to handle the water flow. He pointed out the differences between the County and City regulations and zoning. Mayor Pro Tem Dominguez thanked the residents who addressed the project and pointed out that this project which will be addressed by the City General Plan and not County regulations and requirements. Mayor Washburn explained that he had visited the site of the development in order to better make a decision and he does concur with the concerns on the ridgeline development, but he feels it is a good project and will add to the quality of the City. He questioned the designed roadways and questioned the amount of trips that the existing roadways are anticipated to handle. MOVED BY WASHBURN, SECONDED BY CHERVENY TO CONTINUE THE PROJECT FOR 30 DAYS AND DURING THAT 30 DAYS HOLD A MEETING WITH A COMMITTEE COMPOSED OF THE HOMEOWNERS ASSOCIATIONS, STAFF, THE MAYOR AND COUNCILWOMAN CHERVENY TO REVIEW ISSUES AND SEE IF THERE IS SOME POSSIBLE SOLUTION TO THE STATED CONCERNS. Councilman Alongi stated that he had a problem with Council members sitting in the meeting which could cause conflict. CHERVENY WITHDREW HER SECOND TO THE MOTION. MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY WITHOUT PREJUDICE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 , ENVIRONMENTAL IMPACT REPORT 92- 3 , AND GENERAL PLAN AMENDMENT 93-1 FOR THE WESTERN COMPANY. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. MOVED BY DOMINGUEZ TO APPROVE STAFF RECOMMENDATION TO CERTIFY EIR AND ADOPT RESOLUTION NO. 93-52 ; APPROVE SPECIFIC PLAN, BASED ON FINDINGS AND CONDITIONS AND ADOPT ORDINANCE NO. 963; APPROVE GENERAL PLAN AMENDMENT BASED ON FINDINGS AND ADOPT RESOLUTION NO. 93-53 - LAGUNA HEIGHTS - THE WESTERN COMPANY. MOTION DIED FOR LACK OF A SECOND. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THE PUBLIC HEARING FOR 30 DAYS AND TO ALLOW THE MAYOR TO ATTEND A MEETING WITH THE APPLICANT, A REPRESENTATIVE FROM THE HOMEOWNERS ASSOCIATION AND CITY STAFF TO REVIEW THE PROJECT AND EVALUATE WHAT IS FEASIBLE IN REGARD TO THIS PROJECT AND WHAT CONSIDERATIONS CAN BE MADE. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE CONTINUANCE OF THE PUBLIC HEARING FOR 60 DAYS AND SET A MEETING WITH THE APPLICANT, A REPRESENTATIVE FROM THE HOMEOWNERS ASSOCIATION AND CITY STAFF TO REVIEW THE PROJECT AND ATTEMPT TO MITIGATE PROBLEMS WITHOUT COUNCIL INVOLVEMENT UNTIL SUCH TIME AS IT IS BROUGHT BACK FOR COUNCIL CONSIDERATION. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH WASHBURN AND DOMINGUEZ CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3, ENVIRONMENTAL IMPACT REPORT 92-3, AND GENERAL PLAN AMENDMENT 93-1 FOR 30 DAYS WITH THE APPLICANT AND HOMEOWNER TO MEET AND SEE IF THEY CAN RESOLVE THEIR DISPUTES. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING. Mayor Washburn stated that there should be direction from Council regarding the issues and concerns brought forward at the Public Hearing for the Applicants consideration. BUSINESS ITEMS 31. State Route 74 Improvement Program - Contract Amendment. (F: 68 . 1) City Manager Molendyk explained this project and the existing agreements to work with L.A.F.C.O. and R.T.C. on the Highway 74 corridor. He further explained that the money previously allocated for this project has been expended and this request is for authorization to proceed if additional funds are available through the impacted developments. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO AWARD AN AMENDMENT TO THE EXISTING AGREEMENT WITH PROJECT DIMENSIONS, INC. FOR $100, 000 TO BE USED ON A TIME AND MATERIALS BASIS IN VARIOUS AMOUNTS SPECIFIED BY CITY PURCHASE ORDER, BUT NOT TO EXCEED THE FUNDS AVAILABLE IN THE SR 74 BENEFIT DISTRICT FUND. 32 . Second Reading - Ordinance No. 961 - Parking & Lake Regulation Enforcement Procedure. (F: 112 . 1) MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 961: ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 10. 12 IN ITS ENTIRETY. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 ABSTAIN: COUNCILMEMBERS: NONE 33 . Amendment to Section 17 . 14 . 130 (D) 5, Fencing Design (Single- Family Detached Residential) , in-Title 17 , Zoning, of the Lake Elsinore Municipal Code - Ordinance No. 962 . (F: 80. 1) MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 962 AS PRESENTED. Councilwoman Cherveny questioned this ordinance and whether it was only removing the power from the Planning Commission to approve alternate materials. Councilman Winkler noted prior concerns with fencing and indicated that he would not have a problem with Council reviewing requests to use alternate materials. He commented that the way the ordinance is proposed it would also preclude the Council from approving variations. He suggested that the words "with no ability to waive. . . " be changed to "with only Council to waive. . . " . THE FOREGOING MOTION WAS WITHDRAWN. MOVED BY WINKLER, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 962 AS AMENDED. Councilman Alongi referred to Exhibit A and requested clarification of the motion. Acting City Attorney Burns indicated that Section 5 of Exhibit A would be changed to "The City Council may approve alternative materials or waive fencing requirements, especially in hillside areas for large lots. " He further indicated that the verbiage would be changed and prepared for second reading. ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE MUNICIPAL CODE BY DELETING SECTION 17.14 . 130 (D) 5. REGARDING FENCING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS -- NON-AGENDIZED ITEMS Peter Dawson, 18010 Grand Avenue, representing Southshore Homeowners Association, reminded Council of the pending agreements pertaining to launch rights. He noted the revenues which are being lost because no agreement has been reached. PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1993 Paul Price, 24119 Crew Circle Drive, Canyon Lake, addressed recently discussed archeological sites within the City. He indicated that the site of the existing boat launch parking area has been known for 50 years, and is thought to be some 3 , 000 years old. He further addressed the Stadium site, which he indicated was number 4042 . He expressed concern that the City does not set these sites aside and destroys their value. Councilman Alongi noted earlier comments regarding the Infotec study, and the indication that site 4042 is directly behind Vons. Mr. Price indicated that site runs from the Freeway, under Vons, out into the floodplain, around Builder's Emporium and over into the K-Mart site. He further indicated that there are actually 5 sites in the area of the ball field. MOVED BY WINKLER, SECONDED BY WASHBURN TO MOVE ON TO THE REDEVELOPMENT AGENCY MEETING AND HEAR COUNCILMEMBER COMMENTS AS PART OF THAT MEETING. Councilwoman Cherveny expressed concern that this shift was becoming a common practice. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. CITY MANAGER COMMENTS Moved to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Moved to Redevelopment Agency Meeting. CLOSED SESSION None. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10: 49 P.M. 1 GARY WASHBURN, MAYOR CI T IF LAKE ELSINORE A TEST: J VTCKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA AUGUST 12, 1993 CALL TO ORDER The Joint Study Session was called to order by Mayor Washburn at 3 : 11 p.m. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, WASHBURN ABSENT: COUNCILMEMBERS/BOARDMEMBERS: CHERVENY, DOMINGUEZ, WINKLER (Mayor Pro Tem Dominguez arrived at 3 : 13 p.m. ) Also present were: City Manager/Executive Director Molendyk, Administrative Services Director Boone, City Planner Leslie, Community Services Director Sapp, Engineering Manager O'Donnell, Special Projects Coordinator Wood, City Clerk/Clerk of the Board Kasad, DISCUSSION ITEM 1. Heritage Company Presentation. (F: 134 .10) City Manager/Executive Director Molendyk explained that this company is presently located in Dana Point, with a restaurant and brewery facility. He further explained that they first looked at another community in the area, but have expressed interest in the City of Lake Elsinore. He noted that assistance is being requested from the Redevelopment Agency by the applicant. He also explained that they produce special Ales for special clients which include the Claim Jumper Restaurants and the "Legends" sports bars. MAYOR PRO TEM DOMINGUEZ ARRIVED AT 3: 13 P.M. Mr. Molendyk indicated that his understanding is that Ales are brewed more quickly than Lagers. He noted that they have expressed an interest in a future facility adjacent to the Stadium site. He advised that they will also be selling home brewing kits out of this facility retail. He also noted that a side benefit of this consideration is that each bottle brewed at this facility will carry the Lake Elsinore name. John Stoner, representing Heritage, introduced Mark Mericle and Bill Rousey. He advised that Heritage was the first micro-brewery operation in Orange County and has been in operation for four years. He further advised that they currently have distribution contracts in Orange, San Diego and Los Angeles Counties. He explained that are meeting with representatives currently to establish a distribution arrangement for Riverside and San Bernardino Counties. He also explained that they are currently a seven day a week operation and producing at maximum capacity. He noted that PAGE TWO - JOINT STUDY SESSION - AUGUST 12, 1993 their Ales are on the shelves of Albertsons, Vons, Longs Drugs, etc. in Orange County; with a total of 153 retail accounts. He further explained that they currently market ales in 22 oz. bottles and on tap, but will be expanding to include 12 oz . bottles. He also noted that the micro-brewery industry is approximately 10 years old, and this would be the first such facility in Riverside County. He advised that this facility will begin operating to serve a contract for "Wipe- Out" ale which is to be distributed in England, Australia, France, New Zealand, Germany and Spain. City Manager/Executive Director Molendyk questioned the number of barrels produced. Mr. Stoner indicated that their first year production was between 4, 000 and 6, 000 barrels, and they are currently producing about 15, 000 per year. He explained that they are processed 50 barrels at a time, noting that the micro-brewery industry works for small batches of high quality product. He also explained that their ales contain only four ingredients and local water, which has been highly filtered, will be used. Mr. Molendyk noted that each batch takes only 18 days to complete. Mark Mericle, representing Heritage, detailed the processing and timing. He noted that only the Beer and Wine Home Brewing Kits will carry sales tax. He also noted that in connection with those kits they will have a hotline to assist home brewers. Bill Rousey, representing Heritage, advised that these kits produce between $40, 000 and $60, 000 in taxable sales per year. Mayor Pro Tem Dominguez inquired what location is being considered. Mr. Stoner indicated they are looking for approximately 6, 000 square feet to start, with later expansion to approximately 10, 000 to 15, 000 square feet. City Manager Molendyk noted that currently they are looking at the Industrial area, however, in the future they would look at the area of the Stadium. He also noted that the Heritage group had only approached the City in the last two weeks, but they will be proceeding quickly, as they need to start fulfilling recent contracts on January 1, 1994 . Mr. Stoner suggested that this would be a classic Redevelopment operation. He stressed that this is a labor intensive industry, which will generate approximately 20 full time jobs. He noted that their existing "tap room" in Dana Point employs 35 people. He also stressed that their intent is to hire from the local community. City Manager Molendyk stressed the name recognition of the City's name being included on every label. Mr. Stoner explained the impact of Beer memorabilia and the interest in product information. He noted the correspondence received by the City of Dana Point after they received a gold medal for their "blonde ale" . He stressed the effectiveness of getting a community's name out to the public. Mr. Rousey explained that all product materials are natural, the water is recycled, and their only discharge is clean steam approximately twice a week. PAGE THREE — JOINT STUDY SESSION — AUGUST 12s 1993 Mr. Stoner noted that the bulk of this process is a sealed system. Mayor Washburn inquired whether the bottling operation would be done at this site. Mr. Stoner confirmed that it would. Mr. Stoner detailed the required licenses which requires thorough background checks, by the State and Federal authorities, noting that this license would be an add-on to their current licenses. He explained that the Alcohol, Tobacco and Firearms division of the Federal government places much emphasis on giving back to the community. He further explained that they generally do two charitable events per month and detailed the types of activities and their contributions, and stressed their willingness to participate in like activities related to the City. Mayor Washburn questioned their ultimate space requirements. Mr. Stoner indicated that it would be approximately 10, 000 to 15, 000 in the area of the Stadium. He noted that this would be adequate for the next 5 to 10 years. He also noted their interest in proposals to use their product in connection with the Stadium. He also advised that the "Legends!° sports bar organization also had an interest in this area. He further advised that in a facility which incorporates a brewery, no license could be received for hard liquor. City Manager Molendyk inquired why they currently only use the 22 oz . bottles rather than smaller ones. Mr. Mericle explained that bottling is labor intensive and the larger bottles make the operation more efficient. He also noted that the 22 oz . bottle is an appropriate serving for two people. Mr. Molendyk questioned the cost. Mr. Stoner indicated that it was currently being sold for about $2.89 per. bottle at Albertson's. He also noted that the retail home brew shop will be in the middle of the factory; with the only other shops to purchase these materials in Riverside, Orange and San Marcos. Mr. Molendyk noted the opportunity for the Stadium to serve local beer. Mr. Stoner noted that they have been approached by Anaheim Stadium, Irvine Meadows, etc. , however the volume would be to large at those facilities. He noted their interest in participating with the Stadium in this area and stressed the relationship between baseball and beer. City Manager Molendyk commented that while more point of sale taxes would be helpful, the tourism, name recognition, etc. would be worth pursuing. Special Projects Coordinator Wood indicated that the financial assistance being requested is assistance in obtaining a letter of credit for $200, 000 to serve as collateral for their Small Business Administration loan. He indicated that he has reviewed the business plan and the assets would far exceed the $200, 000 after the SBA loan is paid. He stressed that the request is only in lending the City's name to the letter, as the applicant will pay all associated fees. He further stressed that this would be no out of pocket expenses for the City, and discussions have begun with First Trust Bank to provide the letter. City Manager Molendyk commented on the business plan and PAGE FOUR -- JOINT STUDY SESSION - AUGUST 12, 1993 assets of Heritage noting that they show excellent potential. He further commented that the other assistance would be in assisting them to process permits and open on time. He recommended that this matter be listed on the August 24th agenda. Councilman Alongi inquired how the letter of credit would be secured. Mr. Wood explained that there would need to be filings with the Bank and Heritage would pay all of the fees. He further explained that the only risk is if they could not proceed and their assets could not handle the debt. Mr. Stoner explained that the Small Business Administration loan for $445, 000 has been secured, with a monthly debt service of $5, 600, which is only one days receivables. He stressed that the cash flow more than covers the debt. Mr. Wood commented that their business plan is excellent and the answers should be received from the bank next week. City Manager Molendyk noted that this would have gone directly to a Council meeting, however, the applicants wanted this opportunity to meet the Council and discuss their company and background. He indicated that the matter would be formulated and placed on the next agenda. Mayor Washburn questioned the number and types of employees that will be needed. Mr. Rousey noted that they have their own training program for employees. Mr. Stoner indicated that most positions will be full time; there will be a few retail jobs, office staff, bookkeeping, a sales force (which will assist with the facility set up) and manufacturing jobs. He further indicated that the packaging materials will be obtained locally as well as any other supplies they can obtain. Councilman Alongi emphasized the need to draw as many employees as possible from the community. Mr. Stoner indicated that would be their intent provided capable, qualified persons can be found. He noted that they intend to move their residences to the community as well. Councilman Alongi questioned the salary ranges for the positions needed. Mr. Stoner indicated that they would range from around $5 . 50 for janitorial to the $40, 000 range. Councilman Alongi inquired whether this was a union operation. Mr. Stoner indicated that it was not, however they might use up to five teamsters for deliveries. Councilman Alongi inquired how the hops and barley would be delivered. Mr. Mericle indicated that it is transported by truck and blown in to the holding silo. Councilman Alongi questioned the capacity of the silos. Mr. Mericle indicated the capacity is 20, 000 lbs. which will last for approximately two months. Councilman Alongi inquired whether there would be any problems with outside silos as discussed. Mayor Washburn indicated with screening there should not be any problems. Mr. Stoner noted existing CC & Ra s for six foot fences and noted that the PAGE FIVE - JOINT STUDY SESSION - AUGUST 12, 1993 silos would be 12 to 14 feet high. He explained that they would be stainless steel and will help dress up the area for tourism. He noted that there would only be two silos. Mr. Rousey indicated he has discussed this with Assistant City Manager Rogers and she is checking the zoning on possible sites. Mr. Stoner indicated that a variance may be necessary for retail sales. Councilman Alongi requested clarification of the retail operation. Mr. Stoner indicated that it would only include home brew supplies and beer related memorabilia, and no six packs to go will be sold. Mr. Rousey noted that the bulk of their retail operation is by mail order. City Manager Molendyk questioned the type of memorabilia. Mr. Stoner indicated that it includes pens, hats, shirts, golf tees, etc. Councilman Alongi questioned the alcohol content of ales they produce. Mr. Stoner explained the legal limitations for ales, lagers, etc. and indicated that they will produce some non- alcohol beverages, ales at approximately 5-1/2% and an occasional spiced holiday brewing up to 12%. Mayor Pro Tem. Dominguez summarized that they would range from 0 to 12%. Mr. Mericle confirmed and advised that they will produce mostly in the 4 to 5% range. Mr. Stoner noted that they also do special brews for events such as Oktoberfests. Councilman Alongi questioned the production of non-alcohol beers. Mr. Stoner clarified that they will produce a non- alcohol product which would be different from beer. Mr. Stoner inquired what would be needed for the agenda consideration. Mr. Wood indicated that he would prepare an item based on the information provided. Mr. Molendyk clarified the process. MAYOR PRO TEM DOMINGUEZ LEFT THE MEETING AT 3 :55 P.M. Councilman Alongi inquired whether operation would begin on January 1st. Mr. Rousey indicated that they would be attempting to start operation in the next 90 days. Mr. Stoner explained the licensing period and other time constraints. Mr. Wood indicated that the bank was only waiting for the City's latest financial materials. THE STUDY SESSION WAS ADJOURNED AT 4 : 06 P.M. ARY WASHBURN, MAYOR JIM WINKLER, CHAIRMAN CITY 0. LAKE ELSINORE REDEVELOPMENT AGENCY TTEST: I KI KASAD, CITY CLERK/ CLERK OF THE BOARD MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 24, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS Lake Update. (F:92 .1) City Manager Molendyk noted that the micro-organism process had been started approximately 60 days ago on the lake. He further noted that at that time it was indicated that the process would take 60 to 90 days for resolution. He commented that the Lake again appears to be very green and suggested that the Council receive an update from the contractor on this project. Mr. Grubbs, representing the manufacturer of the micro-organisms, advised that they are very pleased with the progress to date. He explained that the algae now being seen is of the single cell type and much less healthy than would normally be expected. He clarified the multi-step process underway. City Manager Molendyk commented that he viewed the Lake from the Look out today and the change is much more noticeable from that vantage point. He noted the additional treatment today and inquired whether further results would be seen over the next 3 to 4 days. Mr. Grubbs confirmed. Mr. Grubbs commented that they are currently seeing a more even coverage by the algae, rather than in pockets as was originally seen. He further commented that this is addressing a century of accumulation and the unknown factors associated. City Manager Molendyk noted that there do not appear to be any fish floating to the top. Mr. Grubbs confirmed noting that fish are a good indicator of the overall health of the Lake. PAGE TWO - CITY COUNCIL MINUTES - AUGUST 24, 1993 City Manager Molendyk inquired what could be expected in the near future as the problem is resolved. Mr. Grubbs indicated that it was difficult to predict in that it depends on the climate, etc. He noted that further follow-up would continue as needed. Stadium Update. (F: 134 . 10) City Manager Molendyk summarized the work completed on the Stadium to date and indicated that the concrete work would be considered tonight and proceed from there. He further noted that it will be necessary to convene a special meeting on August 31, 1993, to award additional contracts and keep the project on schedule. He advised that a team announcement could be expected very soon. Archaeology Update. Mayor Washburn noted the work which is beginning on the Outflow Channel this week, noting that the Corps of Engineers Archaeologists were investigating the site for artifacts. He further noted that they would be on site approximately 8 weeks. City Manager Molendyk advised that Ken Edwards of Riverside County Flood Control District called this date advising that the bids were opened on the Outflow Channel Project, with a bid lower that the earlier estimates. The bid was for $9 , 658, 285. He further advised that the contract is to be awarded in September and work is to start in October. He noted that the groundbreaking for this project would most likely be the first week of October. THE CITY COUNCIL MEETING WAS RECESSED AT 7 : 14 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7 : 35 P.M. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 21, 33, 34, and deferred to those considerations. CONSENT CALENDAR The following items were pulled from the Consent Calendar for Further discussion and consideration: Item Nos. 4 and 5. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - August 10, 1993 . (F:44.4) b. Joint City Council/Redevelopment Agency Study Session - August 12, 1993 . (F:44 .4) The fallowing Minutes were received and ordered filed: C. Planning Commission Meeting - August 4, 1993 . (F: 60.3) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for July, 1993 . (F: 18.2) PAGE THREE - CITY COUNCIL MINUTES - AUGUST 24, 1993 3 . Received and ordered filed the Investment Report for July 31, 1993 . (F: 12.5) 6. Approved South Coast Air Quality Management District Lease. (F: 68 . 1) 7. Accepted Dedication of Park Site from 888 Development and authorized recordation. (F;132 . 1) 8. Approved Public Hearing Date of September 14 , 1993 , for the following: a. Zone Change 93-2 - Stanley N. Mullins Carlson Design and Construction. (F: 172.2) Request to rezone .70 acres from R-1 (Single-Family Residential) to C-2 (General Commercial) to bring the current zoning into conformance with the General Plan. The site is located at 321 Summerhill Drive. A Negative Declaration has been prepared pursuant to the environmental quality act. ITEMS PULLED FROM THE CONSENT CALENDAR 4 . Warrant List - August 13 , 1993 . (F: 12. 3) Councilwoman Cherveny detailed the revenue, expenses and current account balance for the Lake Park and Recreation Trust Fund. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 5. Master Plan of Recreation and Parks. (F:114. 1) City Manager Molendyk requested that this item be continued. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM. PUBLIC HEARINGS 21. Specific Plan 92-2 Lake Terrace Plaza Specific Plan Tentative Tract Map 27415, and Environmental Impact Report 91- 3 - Komerica Land_Development. (F: 150 . 2) City Manager Molendyk explained that this project consists of a specific plan which establishes design standards for a mixture of commercial, medium density residential, and public lots. He further explained that the site is broken down into 7. 1 acres of retail commercial, 4 . 3 acres of office commercial, 4.8 acres of residential and a 0.78 acre pre- school/child care facility. He detailed the Planning Commission consideration on August 4, 1993, and advised that they determined that the project as proposed, does not provide sufficient sensitivity to adjacent uses and therefore is not consistent with the Objectives of the General Plan for the subject specific plan area. He also detailed the staff recommendations. City Planner Leslie offered to answer questions. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 24, 1993 Les Cooley, Architects Pacifica, representing the applicant, detailed the background of this project and the meetings with the residents and stated that they have changed the attached single-family residences to detached single-family residences. He further stated that his firm has done a complete review and addressed the concerns that were stated in the Planning Commission report which included land use compatibility issues, potential loss of neighborhood identity and loss of views for existing residential. Mr. Cooley stated that the planned residential will act as a buffer for the existing residents and special attention has been given to landscaping which will be used as a buffer. He cited Condition No. 15 and stated that the project has been addressed in this manner. Mr. Cooley explained that the project before Council is a mixed use development and the neighborhood center provides for various services, items and food for the public. Mayor Washburn then opened the public hearing at 7: 55 p.m. and asked if -there was any written correspondence. City Clerk Kasad reported that there were 11 pieces of correspondence in opposition to the project from the following residents: David and Linda Rogoff, 15233 Windjammer Way Fred and Dorothy Wilkes, 29220 Northpointe St. Christine and Gary Belinda, 29260 Northpointe St. Dennis and Christine Burkhart, 29252 Northpointe St. Mike and RaeLynn Alvord, 15180 Ironwood St. Glen Jordan, 29236 Northpointe St. Mr. and Mrs. Steven Silberman, 29184 Outrigger St. Andrew and Allyson Trantum, 29268 Northpointe St. James and Evelyn Meloy, 29060 Palm View Mary Kauffold, 29076 Palm View Brom and Jill Allen, 15031 Vista View Mayor Washburn asked those in opposition to the project to speak. The following people spoke: Jack McColley, 29072 Palm View, spoke in opposition to the project because of the commercial development and explained that the traffic and public safety issues have not been addressed adequately. He indicated that he felt that this project would increase crime in the area. He further explained that he felt that this project has been influenced by politics and the Recall Election has been allowed to influence this project further. He questioned the credibility of Mr. Garcia, Councilman Alongi, Chris Hyland and the developer. He asked that Council deny the project. David Long, Superintendent of Lake Elsinore Unified School District, 22409 Loch Lomond, spoke in opposition to the project and explained that the School District is not opposed to development however, they are opposed to this development. He explained that this project is incompatible due to the proximity of the school and creates problems with student safety, traffic circulation, potential crime and truancy. He stated that this site was designated agricultural at the time the school was built. He requested that Council deny the project. PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 24, 1993 Chris McColley, 29072 Palm View, spoke in opposition to the project and stated that the development is a question of land use incompatibility and creates traffic and safety hazards. She gave a history of the project and stated that there is a existing use of a farmers marke but it is not meant to be commercial. She asked that Council consider the conformity of the project with the surrounding residences and rezone it as R-1. She advised that their committee had conducted a poll which received 479 responses, with 324 residents in opposition to the project. Pam Hendrix, 29074 Palm View, commended the Council for the stadium project. She then spoke in opposition to this project due to commercial development and the safety issues related to a commercial center. Jack Hennessy, 29052 Forest View, spoke in opposition to the project and stated that he did not think this was a proper place for a commercial center. He further stated that this is a residential area with an adjacent school and the project would create a traffic burden and safety hazard to the residents and the children. Carlos Hanon, 29200 Northpointe St. , spoke in opposition to the project and explained that he has serious concerns regarding increased crime and traffic, incompatible land use and loss of community identity. He requested that the Council zone the property R-1, Single Family Residence, to keep this situation from happening again. Ronald T. Hendrix, 29074 Palm View, commended the Council for the stadium and spoke in opposition to the project. Douglas Moffett, 29080 Tangerine Way, spoke in opposition to the project stating that he would like to see single-family homes in the entire area. Ross Thomas, 16523 Mountain Ave. , spoke in opposition to the project. Lois Knight, 16504 Mango Way, spoke in opposition to the project and stated that she and her neighbors met with Mr. Les Cooley and they were assured that their concerns would be mitigated. She further stated that she felt their opinions had since been ignored and the developer has promoted misinformation. She asked that Council deny the project. Russ Burns, 15032 Vista View, stated his concerns regarding existing commercial vacancies in the Community and the misinformation in a pamphlet distributed by Komerica. He stated his opposition to the project. Linda Spencer, 15014 Navel Way, stated that she is in opposition to the project due to the impact it will have on her neighborhood and all the surrounding neighborhoods from traffic and safety concerns. She explained that the majority of the proponents do not live in adjacent neighborhoods and the impact of this project will not directly affect them. Ray Knight, 16504 Mango Way, spoke in opposition to the PAGE SIX - CITY COUNCIL MINUTES - AUGUST 24t 1993 project and stated that this area should not be zoned commercial because of the surrounding land uses and asked that Council deny the project. He stressed that commercial vacancy is a problem and in the General Plan for the City of Lake Elsinore there are zoned commercial sites better suited to the design of this project. Kathleen Foster 29256 Northpointe St. , spoke in opposition to the project and explained that she does not want her quality of life changed by a shopping center and her safety compromised by increased traffic, crime and air pollution. Donald C. Foster, 29256 Northpointe St. , spoke in opposition to the project and stated that this project should not be allowed to be zoned commercial due to the surrounding land uses. He criticized the developer for circulating a petition on the other side of the Lake and collecting signatures from citizens who will not be directly affected by the project. He expressed concerns with increased traffic, pollution and commercial vacancy. Carlos Lorenzo, 29248 Northpointe St. , spoke in opposition to the project and stated that there are plenty of vacant commercial sites more appropriate for the project and this is not appropriate for an area where there is a school because of the concerns with safety, traffic and crime. Wayne Kunze, 16519 Kiwi Way, spoke in favor of the project and stated that he felt that the center would provide services needed by the surrounding residences and stated he does not feel that it would create that much of an increase in traffic and safety hazards. Norma DeSues, 16514 Nectarine Way, spoke in opposition to the project and stated that the commercial development is inappropriate for the area and will create a safety hazard for the local residents. Jane Moffett, 29080 Tangerine Way, spoke in opposition to the project and explained that she has concerns regarding traffic, safety, the pollution from the gas station and existing vacancy of commercial sites. She stated that only input from the people directly affected by the project should be considered and asked that Council zone this area R-1. Jackie Leach, 29074 Tangerine Way, spoke in opposition to the project and explained that she does not want the entryway to their tract affected by this project and she wants it to be retained. She concurred with the other speakers in opposition to the project which had already spoken. Joseph DeSues, 16514 Nectarine Way, spoke in opposition to the project and stated that this project would require a zone change to commercial and the area is not compatible to this type of use. He cited the danger of a gas station in the proposed site and the traffic hazard it would create. He criticized the petition circulated by the developer as signatures are from citizens who are not directly affected by this project. Jeanie Corral, Lake Elsinore Unified School District PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 Boardmember, 16410 West Lakeshore Drive, stated her opposition to the project and explained that when a commercial project was proposed by Santa Rosa Development for this site, the School Board was in opposition and the Board is in opposition to this proposal as well. Mrs. Corral further explained that although she is not a resident of Lake Terrace, the down stream run-off does affect her property and she is concerned with what impact this project will have on her home. Jeannie Martineau, 29042 Mango Court, spoke in opposition to the project and explained that she is a Boardmember of the Lake Elsinore Unified School District and has major concerns regarding a commercial project next to a school. She gave a history of the building of the school and the process required to acquire the land. She stated that at the time of purchase it was zoned agricultural and she felt that a commercial site in that area would be improper land use. She asked that Council deny the project. Ray Corral, 16440 W. Lakeshore Drive, spoke in opposition to the project and explained that there are major drainage problems in his area and development upstream affects the percolation. He asked that drainage be considered and storm drains be placed before any more development occurs. He stated that this development will compromise the safety of the school children. THE CITY COUNCIL MEETING WAS RECESSED AT 9:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:36 P.M. Mayor Washburn then asked those in favor of the project to speak. The following people spoke: Will Buck, 29610 Hague, spoke in favor of the project and stated that when the property was in the County it was zoned agricultural and Mr. Pees put in a form of mini mart. He explained that when the new General Plan was done, because of the market in existence, it was zoned specific plan to allow discretion for the future development of this area. Mr. Buck explained that he felt that the problems that the residents have stated can be mitigated and that this is a very good commercial site which will provide necessary services. Gary T. Barker, 15014 Notnil Way, spoke in favor of the project and presented a petition with over 2, 000 signatures of persons in favor of the project. He stated that the commercial center will enhance the neighborhood and provide necessary services to the public and he felt that the developer had done everything possible to solve the concerns of the Lake Terrace residents. Chris Hyland, 15191 Wavecrest Drive, spoke in favor of the project and stated that she has as much or more credibility as Mr. McColley. She explained that the center provides necessary services to the public and is an asset to the area. She further explained that the people circulating petitions in favor of the project were threatened by the persons in opposition and suggested that this conflict should stop. She also explained that the developer has bent over backwards to cooperate with the residents in the area and to mitigate their concerns. PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 24, 1993 Joe Garcia, 29066 Tangerine Way, spoke in favor of the project and stated that he has a right to his opinion and the ability to change his opinion because of the revisions that the developer has made. Martin Poloni, 15030 Navel Way, spoke in favor of the project and stated that he felt that the shopping center is a necessity. He stated that this center will provide services very much needed for the area. Tony Romero, 33225 Mandaville, spoke in favor of the project and stated that the west end of the Lake needs another market and all the current development is occurring at the other end of the Lake and does not answer the needs of the west end. He stated that he has seen several built schools next to small shopping centers and he felt that this project would improve the quality of life and not endanger it. Kim Boehm, 33170 Zellar St. , spoke in favor of the project and stated that she felt that the children in the surrounding tracts are safer than many other children in the community who must walk long distances on unimproved roadways. She stated that Terra Cotta Middle School was built next to existing Tee- Pee ranch market which has always sold tobacco and liquor and it has not seemed to create a problem. Mrs. Boehm suggested that this type of project must go in someone's back bard and the west end cannot wait for someone else to provide these types of stores and services. Louise Scroggins, 16496 Mountain St. , spoke in favor of the project because of the convenience it will provide. She stated that there is vandalism already and she does not feel that crime is a valid issue as it is already there. Way, John Vermillion, 15017 Notnil spoke in favor of the project and stated that the center is needed for the various services they will provide. He stated that a market and medical facility will be a welcome addition to the area. Mr. Vermillion explained that in fairness to the developer this project should be approved. Kris Baldwin, 228 S. Terra Cotta Road, spoke in favor of the project and explained that she felt that the developer did answer the questions; and stated that she voted no on the recall and is still in favor of this project and she was never under the impression that the project was at four corners. She further explained that Gangs are everywhere, but the only way that the problem can be dealt with is by joining together as a community. She stated that it is the responsibility of the parents to address the safety of the children, not the developer or the schools. She stressed that this center is needed for the projected future development in the area. Inga Hughes, 18174 Brightman Ave. , spoke in favor of the project and stated that she spends much time in the Lake Terrace area and that she would like to see that area grow and fill the needs of the citizens. She stated that there is a necessity for the services which it will provide. She explained that the shopping center has been presented as some type of monster which will lure the children away from school and create a truancy problem, However that is not the center's PAGE NINE - CITY COUNCIL MINUTES - AUGUST 24, 1993 fault, rather parenting skills. She indicated that trucks to service the market would be in a curfew area and would not disturb the residents in the very early morning hours. Sheri Durbin, 29055 Fig Way, spoke in favor of the project and explained that she felt that the developer had done all that he could to mitigate the concerns of the residents. Barbara Romano, 15004 Vista View, spoke in favor of the project and explained that she was one of the first residents who moved into the Lake Terrace tract and she felt that the progress of a commercial center would be an asset. She stated that she had talked to the residents of 19 of the 31 homes on her street and she explained that they were all in favor of the shopping center. She stated that she would like to see the entrance to Lake Terrace remain as it is. Mayor Washburn ask for anyone who would like to speak on the matter. The following people spoke: Nancy Fusckino, 16523 Nectarine Way, spoke in favor of the project. Anita Wilhite, 29056 Palm View, spoke in opposition to the project and stated that there has been a great deal of misinformation and stated that when Mr. Buck was on Council he demanded that the words "commercial purposes" be deleted from the Specific Plan. She also noted that Mr. Buck failed is a consultant to this developer. Cathy Davis, 16960 Grand Ave. , spoke in favor of the project and explained that she is responsible for her children and she uses the Lake Terrace area because of the school and feels that the shopping center would provide needed services. Steven Hanna, 29068 Palm View, spoke in opposition to the project and stated that he felt that there was a real danger regarding public safety and traffic circulation problems. Neani Mee, 174 California St. , spoke in favor of the project and stated that the shopping center is needed and she felt that the safety of the children had been addressed. Catherine Martinez, 28857 Robb Road, spoke in favor of the project and explained that the gas station and market are very much needed in the area. A woman addressed Council spoke in opposition to the project. She explained that there has been a great deal of miscommunication and misinformation. She stressed the problems which will occur in regard to emergency services. Mike Johnson, 29050 Palm View, spoke in opposition to the project and stated that he does not want a gas station in his back yard and expressed concern regarding traffic and the center next to the school. Matthew Marquard, 16449 Mango Way, spoke in opposition to the project. George McDonough, 16514 Mountain St. , stated that the PAGE TEN - CITY COUNCIL MINUTES - AUGUST : 24, 1993 . developer should get a good attorney and see if he can recover any of the investment he has made. He further explained that he was approached to sign a petition in opposition to the project and told the person that he lived in Big Bear and they told him to sign anyway. He did sign using Big Bear as his name to show that they were not concerned with the need for information for the project, but rather to have the signatures. Mayor Washburn closed the public hearing at 10:38 p.m. and called for Council comment. MOVED BY WINKLER, SECONDED BY DOMINGUEZ, TO DENY SPECIFIC PLAN 92-2 , TENTATIVE TRACT MAP 27415 (LAKE TERRACE PLAZA) , AND ENVIRONMENTAL IMPACT REPORT 91-3 - KOMERICA LAND DEVELOPMENT WITH THE CAVEAT THAT IF THEY BEGIN ANOTHER PROJECT THE FEES BE WAIVED OR THAT THEY BE GIVEN CREDIT FROM THIS PROJECT. Councilman Winkler explained that the staff position was neutral and the Planning Commission did eventually reject this project. Mr. Winkler explained that when the General Plan was revised, Alan Manee the consultant for the General Plan, advised against the commercial strip centers in the General Plan for that area. He noted that when this area came to Council before he stated that he was opposed to the project, and he is still opposed to commercial in that area. He explained that he has always felt that this area should be single-family residential and that was a specific action of the General Plan. Mr. Winkler agreed with the concept that all commercial should be clustered in certain areas and not have pockets of commercial spread throughout the Community. He cited two possible commercial sites which are zoned commercial, one at four corners and the other on Grand Avenue and Ortega Highway. He indicated these sites would be ideal for the type of center which is being proposed. He further indicated just because there is a concept doesn't mean that there will be a market for the concept. He stated that the School District cannot be ignored and he does not feel that the center is appropriate for that area due to traffic and truancy. He cited the Rancon site and the previously proposed project and the fact that the traffic is not there and the project has not proceeded. Mr. Winkler stated that residential should be away from commercial and suggested that if there is a market for this type of project there are plenty of commercial areas that are vacant where it could locate. He questioned that the proposed buffer created by homes in this project, and the impact on the homes that act as a buffer. He stressed that this project does not fit and it is not profitable for the developer to build a center which will have a high rate of vacancy. He stated that the decision should be what is best for the community over the long run. Councilwoman Cherveny stated that the opinions on this project are evenly split and she questioned why this project got to this point, and questioned if it was so wrong for the area why was the project allowed, by staff, to progress this far. She stated that she sat on the General Plan Advisory Committee and this piece of property was discussed and because of the existing market was set as a C-1, R-l. Mrs. Cherveny stated that if the project is built then the developer is at risk and PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 not the City. She stated that the population has doubled since she has moved to Lake Elsinore and since Grand Avenue has been developed, it does make sense to have services there. She explained that she does care about the safety of the children and suggested that children are responsible for their own actions and it is the parents responsibility to teach them the proper conduct. She noted that the developer is providing a walkway to get to school without walking on the road. She pointed out other sites in the City where the children must walk past commercial developments. She stated that a commercial would not have a negative impact on the residences, since one of the selling points is that a home is close to shopping and close to schools. Mrs. Cherveny explained that since the opening of Grand Avenue there has been an increase in traffic which would aid the center. Councilman Alongi stated that during the Santa Rosa project there was a large number of people in favor of the project and he felt that this was a superior project with not as many in favor. He produced documents which showed that at the time of annexation of this area it was zoned R-1 and C-2 . Mr. Alongi stated that the City has a responsibility to the developer who has a piece of property which is zoned for the type of project and is obligated to see this type of project proceed. He stated that the Council's both the current and past have expected a high standard to building and this is not an exception. Mr. Alongi stated that he does not want to see liquor or video arcade stores in this proposed center, but it is the responsibility of the parent to teach their children where they are supposed to be. Graffiti is a problem that is not confined to one area and to deny a development because there might be graffiti, or truancy or crime when we cannot know for sure what is going to happen, then there should not be any other stores in the area either. He indicated that it is his opinion that this neighborhood development needs to be there. Mayor Pro Tem Dominguez explained that he welcomes development, but his first priority is the welfare of the City and its residents. He stated that his main concern with this project is the affect on schools and the testimony of Superintendent Long in opposition to this project and his stated concerns must be taken seriously and considered. Mr. Dominguez stated that the developer and the School District along with the residents need to work further on mitigating the major problems and concerns of each party. Mayor Washburn stated that a lot of good points were made by both sides and his concerns are based on schools, land use issues, and the decision of the Planning Commission. THE FOREGOING MOTION TO DENY THE PROJECT CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY FINDINGS - DENIAL OF SPECIFIC PLAN 92-2 1. The Lake Terrace Specific Plan is not consistent PAGE TWELVE - CITY COUNCIL MINUTES= ;AUGUST 24, °'1994 with the Goals, Policies and Objectives of the General Plan in that it does not demonstrate considerable sensitivity to the adjacent 'uses. 2. The proposed location of the project does not allow the development to be well-integrated with its surroundings. 3 . The overall design of the Specific Plan will not produce an attractive, efficient and stable development compatible with the surrounding uses. 4. The proposed project may be detrimental to the health, safety, comfort, or general welfare of the persons residing in the surrounding area. FINDINGS - DENIAL OF TENTATIVE TRACT MAP 27223 1. The proposed subdivision, together with the provisions for its design and improvement, is not consistent with the General Plan. The proposed subdivision is not compatible with the objectives, policies, general land uses and programs specified in the General Plan. (Government Code Section 66473 .5) BUSINESS ITEMS 3r. Minutes - July 19, 1993. (F:44 .4) MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES OF JULY 19, 1993, AS REVISED. 32. Second Reading - Ordinance No. 962 - Regarding Fencing. (F:S0.1) MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 962: ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING THE MUNICIPAL CODE BY AMENDING SECTION 17. 14. 130 (d) 5, REGARDING FENCING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33 . Consolidation of Future Municipal Elections. (F:72 . 1) MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY THE RECOMMENDATION TO CONSOLIDATE. Kevin Pape, City Treasurer, indicated that the main consideration in this recommendation is that it would save PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 $13 , 000 per election. He further indicated that it would have the advantage of increased participation in voting, because of the number of matters on a June ballot. He noted that the intent is to eventually have all local agency elections at the same election, thus allowing residents to vote on all local issues at the same time. He also noted that it is the intent of the Registrar to initiate this program throughout the County. Councilwoman Cherveny clarified that the recommendation is for the April, 1994 election to be consolidated with the June, 1994 election and all future City elections to be held in November of odd years. She noted that the November odd-year election has previously seen the lowest turn-outs of all. She suggested that City issues should remain City issues; and if people care enough they will show-up and vote. She indicated that she would like to see elections remain as they are. Councilman Alongi read minutes of the prior discussion on this topic on July 28, 1992 , as follows: Councilman Winkler explained although it is a good way to save $12 ,000, he is concerned that when an election is combined the voters tend to loose focus. Councilman Dominguez advised that the City tried the November election time several years ago and went back to the April election to maintain voter focus. Mayor Washburn stated that consolidation is a good way to save money and that is an issue the Council needs to address and be aware of. Councilman Alongi expressed concern with Councilmembers Dominguez and Winkler changing their minds. He noted that while the terms of Dominguez and Winkler would be extended by two months, the other terms will be shortened by 6 months. He further noted the turn-out at the November, 1991, election versus the March, 1993 election; stressing that if the issue is important enough, the voters will turn-out. He indicated that he does not see the big difference and he feels the elections should stay as they are. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE CONSOLIDATION OF THE NEXT MUNICIPAL ELECTION WITH THE JUNE, 1994, PRIMARY ELECTION AND ALL FUTURE CITY ELECTIONS WITH THE NOVEMBER ODD-YEAR ELECTIONS. Councilman Winkler responded to the comments of Councilman Alongi and indicated that his prior comments were that he had weighed the issues and thought it best to retain the April election; however he had indicated that he would like to look at it again. He commented that he has had many discussions on this topic. He also commented on the increased turn-out at the June elections. He noted that the Registrar is pursuing this to reduce costs and if the system is changed and the City does not change it will require an independent local election. PAGE FOURTEEN CITY COUNCIL MINUTES - AUGUST 24, 1994 He noted that this would substantially increase the cost of this election. He suggested that if the County-wide program does not move forward, it might be appropriate to stay with the June election. Councilman Alongi indicated that he was fully aware of the cost savings issue. Councilwoman Cherveny inquired whether this could be changed back. She also inquired whether it was true that the Council could not make decisions on matters impacting their own terms in office, such as pay raises. City Attorney Harper indicated that limitation was solely on pay raises. He also indicated that consolidation of elections has been occurring since 1984 when the legislation allowed it. Councilman Alongi questioned what would happen if the Council did not agree to the November, odd-year portion of the proposal. City Attorney Harper indicated that the only way the June election would be accepted was with the November odd- year commitment as well. He noted that it would still be possible to go back to running independent elections, however most cities are not inclined to do so. THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 34 . Council Policy - Church Conditional Use Permit Fees. (F: 120. 1) City Manager Molendyk explained that there is an existing Conditional Use Fee structure which covers all Conditional Use Permits. He further explained that the reason for this item is a request from a church for which the City worked out an arrangement; however they never pursued the application. Since that time staff has received several more requests for similar consideration. Mr. Molendyk explained that the Conditional Use Permits are on the cost recovery program, and based on experience the processing is no less for a church than any other application. Mayor Washburn then called upon the persons who had requested to address Council as follows: Kevin Brown, P.O. Box 952 , New Vision Minister, a law enforcement officer and minister of the New Vision Church which is currently holding services at Lake Elsinore Elementary School, explained the financial hardship of the church and stated that his members are very low income and are not able to support a fee of $1, 000. He asked that Council give consideration to his situation. Councilwoman Cherveny indicated that the Municipal Code offers no areas in which a church could locate without a Conditional Use Permit. She stated that there is no zone for a church. Neil Parker, 30690 Brookstone Lane, Assistant Pastor, Elsinore Valley Friends Church explained that he appreciated Council's review of this policy. He stated that the church had approached the City to acquire a permit to start an independent church, however the permit will cost $4 ,500. Mr. PAGE FIFTEEN — CITY COUNCIL MINUTES - AUGUST 24, 1993 Parker explained that they are currently meeting at Terra Cotta Junior High and the church is youth oriented and has a membership of approximately 150 people. Under the present circumstances it has been made impossible for them to pursue another place to hold services and activities. He indicated that there appears to be discrimination, but not purposely. City Manager Molendyk explained that it is not a matter of the organization being unwilling to pay; it is a matter of having all the money up front. He further explained that the intent of bringing this before Council was to obtain authorization for staff to work with the applicant. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO INVESTIGATE WHAT AVENUES ARE AVAILABLE TO ASSIST. 35. Public Safety - Private Security. (F;127 .1) MOVED BY CHERVENY, SECONDED BY ALONGI AND FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING FOR ADDITIONAL INFORMATION. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO DENY THIS RECOMMENDATION. 36. Resolution No. 93-54 - Outflow Channel Project. (F:92 .2) Mayor Washburn explained this item which was intended to encourage the Corps of Engineers and Riverside County Flood Control District to proceed with the project as soon as possible. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-54. RESOLUTION NO. 93-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, EMPHASIZING THE NECESSITY FOR THE LAKE ELSINORE OUTFLOW CHANNEL PROJECT TO PROCEED AS SOON AS POSSIBLE. COUNCILWOMAN CHERVENY LEFT THE MEETING AT 11: 58 P.M. 37. Request from Classic Western Productions. (F:108. 17) City Manager Molendyk noted that a representative of the organization was coming in to town to discuss this matter. Councilman Alongi indicated that he would be here to consider making alternate arrangements for rodeo grounds. Mayor Pro Tem Dominguez indicated that he has a prcrlem with this item being on the agenda, noting that he is not in favor of this discussion with a loan still outstanding. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 0 WITH ALONGI ABSTAINING AND CHERVENY ABSENT TO DENY THIS REQUEST FOR FINANCIAL ASSISTANCE. PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 24, 1993 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Don Butensohn, Director for H.O.P.E. , detailed their efforts to broaden their cause and generate more interest. He noted that the efforts are doing well. He invited the Council and staff to attend their upcoming fund-raising dinner on September 25, 1993, at the Lake Community Center. Peter Dawson, 18010 Grand Avenue, representing the Southshore Homeowners Association, noted that they are still here awaiting information on launch rights and will not be going away. He encouraged the City to continue efforts to clean-up the Lake. CITY MANAGER COMMENTS City Manager Molendyk indicated that he would need a Closed Session. CITY COUNCIL COMMENTS None. THE CITY COUNCIL MEETING WAS RECESSED AT 12 :03 P.M. THE CITY COUNCIL MEETING RECONVENED AT 12 : 04 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 12 : 05 P.M. TO DISCUSS MATTERS OF REAL PROPERTY NEGOTIATIONS AND PERSONNEL MATTERS. THE CITY COUNCIL MEETING WAS RECONVENED AT 1: 00 PL.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 1: 01 R.M. JfjR ). WAS BURN, MAYOR CI F LAKE ELSINORE ATTEST: 1 V CKI 1`ASAD, C ,Y CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 140 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood and City Clerk Kasad. i PRESENTATIONS/CEREMONIALS A. Presentation - Little League - Tournament of Champions. Team was not present for recognition. B. Presentation - Update on L. E.A. F. Programs. (F: 18 . 3) Anne Washington, Executive Director L.E.A.F. , advised that the fifth anniversary of L. E.A.F. will be October 1st. She noted the original statistics for euthanization and adoption versus the much improved recen,� statistics. She also noted the impact of "satellite" adoption days at PETCO in Temecula. She also advised that she has served on a County task force which has formed a number of recommendations which will be coming to Council for consideration. She thanked the residents, volunteers, supporters and responsible pet owners for their contributions to L. E.A. F. 's efforts. C. Aggie Goodacre, representing the Temecula Town Association, noted the recent media day to promote the upcoming tractor race. She presented Mayor Washburn with a trophy indicating that he had won the race on media day. Mayor Washburn accepted the trophy and noted the tractor race to be held October 8-10, 1993, in Temecula. D. The Lake. (F: 92 . 1) City Manager Molendyk noted that the lake is still progressing, the odor has been reduced and there has been no PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 fish kill. He further noted that application of micro- organisms is continuing. Manager of Special Projects Watenpaugh advised that an additional 4, 000 pounds of Aqua treat was induced into the lake this date. He noted that the green color is still present, but the filamentous algae is gone. He also noted that the p.h. of the lake has been lowered and applications will continue until October with additional recommendations to follow. He also noted the revenues for boat launching and day use. Councilwoman Cherveny inquired whether the City was now selling annual passes. Mr. Watenpaugh advised that they are available now. Mrs. Cherveny inquired whether there were resident/non-resident prices. Mr. Molendyk advised that the City is currently honoring the State park passes and rates for the balance of this year. E. The Stadium. (F: 134. 10) City Manager Molendyk indicated that the project is on schedule and noted the press conference to be held tomorrow regarding the baseball team. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 22, 31, 37, and deferred to those discussions. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 8. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - August 24, 1993 . (F:44.4) The following Minutes were received and ordered filed: - b. Planning Commission Minutes - August 18, 1993 . (F: 60.3) 2 . Received and ordered filed the Building Activity Report for August, 1993 . (F:32 .2) 3 . Received and ordered filed the Code Enforcement Activity Report for August, 1993. (F: 54 . 1) 4 . Ratified Warrant List for August 31, 1993 . (F: 12 .3) 5. Approved the "Master Plan of Recreation and Parks 1990-2010" and directed staff to review and update the document annually. (F: 114 . 1) 6. Approved Change Order No. 7 for the Rice Canyon Water Reservoir Storage Tank in Community Facilities District 88-3. (F: 22 . 3) PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 14t 1993 7 . Awarded Contract for 888/Whiting Ranch Trunk Sewer in Community Facilities District 88-3 to B.K. Baker Company in the amount of $120,040.00. (F:22 .3) 9 . Approved Public Hearing Date of September 28, 1993, for the following: a. Annexation 65, Zone Change 92-6 & Tentative Tract Map 27317 - The Western Desert Corp. - located north/east of Grand Avenue, south of the City boundary, north of Alvarado Street, and west of the City boundary at Machado Street. (F: 20. 2) (X: 172 . 2) (X: 160. 2) ITEMS PULLED FROM CONSENT CALENDAR 8. Resolution Nos. 93-55_and 93-56 relating to Stadium Financing. (F: 134.10) City Attorney Harper indicated that the Council should not act on Resolution No. 93-55 because the agreement had not yet been received and it is more appropriate for the Public Finance Authority to act on it. He further indicated that it would be appropriate to act on Resolution No. 93-56. Councilwoman Cherveny inquired whether the amount need to complete the Stadium was in fact $12 million. Special Projects Coordinator Wood concurred and explained the procedure. Mrs. Cherveny inquired whether there was an additional $5 million which needed to be refinanced. Mr. Wood indicated that it was $5.7 million. Mrs. Cherveny commented that there was a total of $24 million being proposed for bonds, with $19 million to obtain the $12 million for the Stadium. Mr. Wood clarified that the total issuance would be for $22,471, 000. City Attorney Harper clarified that the amount was $12, 121,400 and 10, 300, 000 . Councilwoman Cherveny inquired where the $5 million is. Mr. Harper advised that it was in the tax exempt remainder bonds for infrastructure and capital appreciation. Councilwoman Cherveny further commented that the basic scenario is that there is $19 million for the Stadium, when only $12 million will actually be used to build it. Mr. Wood further clarified the related expenses. Mr. Harper calculated that approximately $16 . 8 million related to the $!2 million for the Stadium. Councilwoman Cherveny also commented that this would encumber all three Redevelopment areas. Mr. Wood confirmed, noting that any issuance does this. Mrs. Cherveny requested confirmation that there could be no other projects for five years. Mr. Wood confirmed that there could be no more capital projects for five years. Mrs. Cherveny questioned whether this would prevent lake projects as well. Mr. Wood confirmed only in the case that no additional tax increment is generated by new growth. Mrs. Cherveny expressed her personal reservations with this issuance, based on the considerations of private citizens prior to seeking financing. She also noted that the bonds are not insured. MOVED BY WASHBURN, SECONDED BY WINKLER TO ADOPT RESOLUTION NO. 93- 56. PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Councilman Winkler commented that Councilwoman Cherveny had voted to authorize nearly $1 million toward the design of the Stadium previously. He called for the question. Councilman Alongi commented that he has been consistent in his vote on this issue. He noted that they had been informed that the ball field would cost $14 million, but noting was mentioned about $24 million in bonds. He indicated that he is not opposed to the field, only the method proposed. He stressed the inability to foresee the future. He also stressed the need for all Council to have the same information. Mayor Washburn stressed the other debt being absorbed, reserve account being allocated and collateralization for curbs, gutters, etc. He further stressed the positive impact this project will have on local growth and the ability to generate additional dollars for the Lake. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE. RESOLUTION NO. 93-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE BORROWING OF FUNDS BY THE REDEVELOPMENT AGENCY FROM THE PUBLIC FINANCING AUTHORITY, MAKING CERTAIN FINDINGS OF BENEFIT WITH RESPECT TO THE USE OF SUCH FUNDS AND AUTHORIZING AND APPROVING OTHER MATTERS PROPERLY RELATING THERETO. THE CITY COUNCIL MEETING WAS RECESSED AT 7 : 25 P.M THE CITY COUNCIL MEETING WAS RECONVENED AT 7: 36 P.M. PUBLIC HEARINGS 21. Commercial Project No. 93-3 Zone Change No. 93-2 Kentucky Fried Chicken located approximately 250 feet Northwest of the intersection of Summerhill Drive and Railroad Canyon Road. (F:58 . 2) City Planner Leslie, explained this project and noted that it will bring the property into conformance with the General Plan. He noted design concerns discussed at the Planning Commission hearing and advised that they have since been resolved. He commented that this project also involves a variance for a freeway sign. Councilwoman Cherveny questioned which elevation the freeway sign would be on. Mr. Leslie advised that it would be a free standing sign. Mayor Washburn opened the public hearing at 7 :40 p.m. asking those persons in favor of this project to speak. The following person spoke: Robert Merriam, Carlson Design and Construction, representing the applicant, agreed to the conditions as proposed and offered to answer questions. Councilman Alongi inquired whether Mr. Merriam concurred with PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 the change recommended for the roof. Mr. Merriam advised that they were in agreement with this. -Mayor Washburn asked those persons in opposition to speak. Hearing no one, the public hearing was closed at 7:41 p.m. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT NEGATIVE DECLARATION NO. 90-25, APPROVE COMMERCIAL PROJECT NO. 93-3, APPROVE ZONE CHANGE 93-2 AND ADOPT ORDINANCE NO. 963 BASED ON EXHIBIT "B" AND THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. ORDINANCE NO. 963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING . 57 ACRES LOCATED APPROXIMATELY 250 FEET NORTH OF THE INTERSECTION OF SUMMERHILL DRIVE AND RAILROAD CANYON DRIVE, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 93-2 - KENTUCKY FRIED CHICKEN) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Findings - Design Review 1. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2 . The project, as conditioned complies with the Goals, Objectives and Policies of the General Plan and the Zoning District in which it is located. 3 . This project complies with the design directives contained in Chapter 17 . 82 . 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4 . Conditions and safeguards pursuant to Chapter 17.82 .070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82 and the planning district in which the site is located. Findings - Zone Change 1. The Zone Change, is consistent with the Goals, Objectives and Policies of the General Plan. 2 . This request will bring the zoning for the project PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 area into conformance with the General Plan. 3 . The proposed Zone Change is not anticipated to result in any significant adverse environmental impacts. Conditions of Approval - Planning Department 1. Design Review approval for Commercial Project No. 93-3 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. AN extension of time, up to one year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3 . All site improvements shall be constructed as indicated by the recommended changes and the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and Color Board shall be revised to depict the recommended changes. Further changes shall be approved by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7 . Meet all Riverside County Health Department requirements. 8 . Meet all Riverside County Fire Department requirements 9 . No outdoor storage shall be allowed. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 11. All roof ladders and electrical panels shall be located within the interior of the building or in PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 specially designed areas concealed from public right-of-way view. 12 . Applicant shall use roofing materials with Class "All fire rating. 13 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 14 . All exterior down-spouts shall be constructed within the interior of the building. 15. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (24: ) box tree for every ten (10) spaces with appropriate planter box, subject to the approval of the City's Landscape Architect and Community Development Manager or designee, along parking spaces labeled as 11 through 24 . 16. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four- inch (2411) box. On areas where screening, is necessary trees shall be at least thirty-six-inch (3611) box size. c) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (611) wide concrete. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 130% faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 17. All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 18. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 19 . The applicant shall develop a Uniform Sign Program for the restaurant which specifies harmonious and consistent colors, materials and specifications which will enhance the restaurant'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 freestanding 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. 20. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 21. Applicant shall annex into the Cityfs Landscape and Lighting District. PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 22 . Trailers utilized during construction shall be approved by the Planning Division. 23 . On-site surface drainage shall not cross sidewalks. 24 . Parking stalls shall be double-striped with four- inch (411) lines two-feet (21 ) apart. 25. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 26. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 27. Prior t City Council consideration plans addressing all recommended changes listed as Conditions of approval No. 13 ,15, 27, 28, 29, 30, 31, and 32 shall be submitted. 28. The approved colors are illustrated on the re- submitted materials board. The redesign of the mansard roof or signage shall be approved by the Community Development Manager or designee. 29. DELETED. 30. The proposed Freeway Identification Sign will be restricted to eighty (80) square feet. Applicant to submit revised sign plans. 31. Parking spaces labeled as one (1) and two (2) shall be posted and reserved for employees only. 32 . Prior to City Council consideration, the applicant will be required to submit revised set of elevations reflecting the deletion of one (1) of the cupola, elimination of signage, and reduction of pitch. Conditions of Approval - Engineering Department 33 . All Public Works requirements shall be complied with as a condition of development as specified int he Lake Elsinore Municipal Code at the time a building permit is issued. 34 . Process and meet all lot line adjustment requirements prior to issuance of building permit. 35. Pay all Capital Improvement and Plan Check fees (municipal Code, Title 16, Chapter 16.34; Resolution 85-26) . 36. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 14,, 1993 37 . If the existing street improvements are to be modified, existing street plans on file shall be modified accordingly ad approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 38 . Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 39. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 .08 and Resolution 83-78) . 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Provide fire protection facilities as required in writing by Riverside County Fire Department. 42 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 43. Developer shall contribute $9, 000. 00 toward the design and construction of traffic signals at the intersections of Grape/on/off-ramps and Railroad Canyon Road. This development will increase traffic at the intersections at least 2% and should contribute 2%, towards the construction. 44 . Meet all the requirements of Chapter 15. 36 of the Municipal Code regarding Floodplain Management. 45. Meet all requirements of Chapter 15. 64 of the Municipal Code regarding Flood Hazard Regulations. 46. Portion of Parcel 2 & 3 of Parcel Map No. 17616 shall be dedicated to the City prior to issuance of building permit for the restaurant. 22 . Laguna Heights Specific Plan 92-3 Environmental Im act Re ort 92-3 and General Plan Amendment 93-1 - The Western Company - Continued from August 10 1993 . (F: 150. 2) (X: 83 .2) Councilman Winkler stated that he would be abstaining from discussion and vote on this project due to a potential conflict of interest and left the room. City Manager Molendyk explained that at the Regular City Council Meeting of August 10, 1993 , this item was continued to allow additional time for the applicant and the surrounding homeowners to resolve concerns. He detailed the staff recommendations. PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Mayor Washburn reminded the Council and public that this was a continuation of the public hearing and asked that the persons who wish to address the Council present new information, as Council as already studied all the previous information and has considered all previous testimony. He then asked for those wishing to speak on the project to come forward. The following people spoke: Ed Schultz , 15003 Eureka Street, spoke in opposition to the project and stated that this project will obstruct his view because it raises the elevation of the adjoining land. He also advised there is a six foot fence proposed on top of the raised ground. He further addressed the drainage and the traffic impact on Eureka Street. Mayor Washburn indicated that this discussion related more appropriately to another project and suggested that Mr. Schultz see City Planner Leslie to help mitigate his concerns. Lea Routledge, 14505 Amorose Street, Brookstone Ranch Homeowners Association spoke in opposition to the project and stated that she felt that the developer had not properly addressed the greatest concerns. She stated that the view of the ridgeline, equestrian uses, safety and traffic concerns were not properly addressed. She stated that she felt that the Brookstone Ranch Homeowners Association and the developer were at a stalemate. She requested that Council deny this project. Philip Irving, 14867 Amorose Street, stated that he was in opposition to the project and that Mrs. Routledge has expressed his opinions. Allan Knight, 30570 Brookstone Lane, stated his opposition to this project and explained that there will be three intersections within 500 feet and this will create a safety hazard for the children going to and from school, as well as a major problem with the ingress and egress of traffic on a major thoroughfare. He further stated that he would like to have the developer explain his insurance for this project. David Locke, 15025 Monty Court, spoke in opposition to the project and stated that the public hearing in regard to this project is an "after the fact" and that the testimony is too late to address the issues which concern the surrounding residences. He explained that he feels that Councilman Alongi is biased in regard to this project and the opinion of the surrounding property owners will have no impact on his decision to approve this project and he asked that Councilman Alongi abstain from vote. Mr. Locke explained that he felt that this project would endanger the natural habitat of endangered and sensitive species in the area. Marie Locke, 15025 Monty Court, spoke in opposition to the project and addressed the Hillside Development. She explained that she had learned from City Planner Leslie that the City of Lake Elsinore does not have a Hillside Development Ordinance at this time. Mrs. Locke defined hillside development and asked that Council require the developer to conform to proper hillside development. She stated that if this project is approved that it will be setting the standard for all future hillside development and suggested that it is not in PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 14f 1993 conformance with the State requirements. Reggie Kramer, 15077 Patrick Court, spoke in opposition to the project and explained that she did not believe that the homes proposed are compatible to the surrounding homes. She also explained that she would like to see the City change the entrance to go through McVicker Park. Lee Bulen, 14949 Toft Street, commented that the community was encouraged by the decision made by Council at the last meeting and asked that staff respond to each point that has come to the Council this evening. Ace Vallejos, 15231 Cobre Street, spoke in opposition to the project and stated that he felt that the meeting with the residents and the developer did not accomplish a thing and he still had concerns regarding the traffic and safety and the potential for increased taxes. He asked that the Council listen to thepersons speaking in opposition to the project. Jane Damerow, 14977 Amorose Street, spoke in opposition to the project and stated that she felt that Amorose Street could not handle the traffic and the danger to the children caused by traffic. She further stated that the obstruction of the view of the ridgeline is a detriment to the residences. She also objected to the amount of dust and dirt that will impact the existing neighborhoods during construction. Nola Johnsen, 14835 Toft Drive, spoke in opposition to the project and asked how this project will be for the good of the City when there are already half built development projects that are going into bankruptcy. She stated that this project will create a burden to provide necessary public safety services to the community. Mrs. Johnsen stated that she felt that this project would increase crime and all related problems. She asked that the Council preserve the environment and privacy of the residences by denying this project. David Buchanan, 30831 Plumas Street, spoke in opposition to this project and stated that he felt that the Environmental Impact Report was seriously flawed and that it should be reviewed by a third party to correct the errors. He also presented a letter which he received which called out a hearing date of September 15, 1993, and noted that erroneous information had been provided. Patricia Nolan, 30620 Plumas Street, spoke in opposition to the project and stated that this project directly affects the residents quality of life and will affect their right to equestrian uses in the area. Rick Stephens, The Keith Companies, 565 Chaney Street, Ste. F, advised that horses have the same rights as cars and bicycles on public streets. He further addressed the issues discussed at this meeting and stated that they were covered in the staff report. Mr. Stephens explained the park and trail system which is set by the County and explained how that works with this project. Mayor Washburn asked if anyone else wished to speak. Hearing PAGE THIRTEEN - CITY COUNCIL MINUTES -- SEPTEMBER 14, 1993 no further requests, the public hearing was closed at 8:25 p.m. Councilwoman Cherveny questioned the comments about the Hillside Development ordinance and asked if there was one in effect in the City. City Planner Leslie explained that there was research being done to prepare a hillside ordinance. Councilwoman Cherveny stated that her main concern was what standards the City will require and if this project conforms. City Planner Leslie stated that without this ordinance in place each project is taken on a case by case basis until there is a set of regulations to give staff the guidelines. Councilwoman Cherveny stated that she would like to see some type of criteria set for the staff to follow. Councilwoman Cherveny suggested that there was a conflict between Condition No. 47 and Condition No. 52. She asked what the correct procedure would be. Mr. Stephens explained that no construction vehicles will be allowed on Toft Drive or Amorose Street. Councilwoman Cherveny then asked if Condition No. 47 should be deleted. Les Card, traffic engineer. explained that Condition No. 47 addresses routine traffic and the alternate proposed road will be for construction traffic. Councilwoman Cherveny asked whether Laguna Heights Drive South will be used for the residential traffic when the project is complete. Mr. Card stated that Toft Drive and Amorose Street will not exceed 11300 trips a day by residential vehicles. Councilwoman Cherveny stated that once the houses are complete the Laguna Heights Drive South should be developed for vehicle use to provide for the extra residential traffic. Councilwoman Cherveny stated that this is a high risk area for fires and last year the City had 571 homes built and there were no new safety facilities built. She asked what provisions will be make to accommodate 888 more homes. Councilwoman Cherveny asked about the notices sent. City Clerk Kasad stated that this issue was continued, which requires no further mailed notices and only "courtesy" letters were sent by the Planning Department. Councilwoman Cherveny asked how many courtesy letters were sent. City Clerk Kasad stated that she believed there were three sent in regard to the continuance. Councilwoman Cherveny stated she is an advocate of controlled growth and as the services are available then the growth can occur. She stated that she would like to see the ridgeline better addressed by the developer. Mr. Stephens explained how the ridgeline was handled and that this issue had been addressed by the staff and developer to make the least impact on the ridgeline and retain the view for the residents. He also explained what the design manual as presented. Councilwoman Cherveny asked if the final of this document would be reviewed by Council. City Planner Leslie explained that this is typically heard by Planning Commission and they would hear the design criteria for the ridgeline. Councilwoman Cherveny asked if the Hillside Development ordinance could be complete by the time the design for this project is heard by Planning Commission. City Planner Leslie stated that a Hillside Development ordinance would take approximately six months to complete and he did not know when this applicant would submit the design to Planning. PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Councilman Alongi thanked the Amorose residents for their cooperation and responded to Mr. Locke and explained that he makes his mind up when all the information is presented to Council. He noted that in some of the letters received it was mentioned that he had done a full turn in regard to the project when low income housing was mentioned. Councilman Alongi stated that there is no low income housing in this project, so that is not a true statement. He stated that the defined ridgeline is not clear and is confused with skyline, and suggested that there should be a clearer definition. He further stated that Council turned down the Lake Terrace project and he felt that this project should have gone forward since there were 2200 signatures in favor of the project. He stated that the City has the obligation to be a good neighbor and if that means providing services, he stated that he enjoys the County's tax dollar as much as anyone else. He explained to Mr. Locke that this project has been around for about three years and the project has not been hidden. When a developer moves on his project, it is the City's responsibility to get the best project possible. Councilman Alongi explained that he feels that the entrance to the tract should be in writing to guarantee that the entrance will be separate from the Amorose Street area. He further explained the Council's obligation to the development of the City and clarified the LAFCO process. Councilman Alongi suggested that if the development was at one home per acre or 644 homes versus as planned for 888 homes, the difference would be 244. He questioned if the difference were split and it were proposed for 764 homes in the area, if that would make a difference. He stated that he would make his decision based on all the information presented. Councilman Dominguez explained that the growth of small cities is a reality and that Lake Elsinore is no exception. He further explained that dust caused by construction is controlled by watering. Councilman Dominguez stated that the City makes a major effort to be a good neighbor, but the responsibility of the Council is to the citizens within the City of Lake Elsinore and their building rights within the City. Mayor Washburn explained commented on the information presented and material provided and stated that he felt staff overall does a good job of placing conditions which meet the circumstances whether it is State or City Laws and gave examples. Mayor Washburn asked staff if this project were to go forward to LAFCO, at what point, would LAFCO require that Brookstone is annexed. He noted the concern for horses and the interest of the residents to make sure that the zoning would change to meet their requirements. He inquired whether the City changes the code to meet their needs. City Planner Leslie explained that once the City made a decision to move ahead then there would be a prezoning for that area to meet the requirements of the residents. Mayor Washburn then asked the applicant's engineer about the three intersections which are 500 feet apart. The applicants engineer stated that this is handled through the conditions of PAGE FIFTEEN - CITY COUNCIL MINIITES - SEPTEMBER 14, 1993 approval for turn-outs and traffic control. Mayor Washburn asked about the minor wetlands and stated that he would like to see this handled without affecting the wetlands. Mayor Washburn then addressed the fact that the residents of Brookstone knew that at some time the roadways would continue up the canyon and he stated that for the residents to say that there should be no further traffic on the roadways is not fair to any land owner next to the property. He stated that he is concerned with regard to the traffic impact on the neighborhoods. Mayor Washburn further stated that he would like to see a reduction of homes along the ridgeline, if the project goes forward, without affecting the standing oaks that are on the site. Councilwoman Cherveny again stated her concern with Condition No. 47 and asked how many trips are generated now on Amorose and Toft. The engineer for the applicant stated that there are approximately 45 homes that use Amorose, which would generate approximately 450 trips a day and there are approximately 52 homes on Toft and the surrounding areas that would generate 520 trips a day. He indicated that those numbers would be at the terminus of the project and not at the terminus of Toft and Amorose; which means that the first house on Toft or the first house on Amorose is going to see 1,300 trips plus the 450 or 500 going which means 2, 000 trips per day. Councilwoman Cherveny then asked if this 1, 300. stated in the conditions was total on the streets or additional over the trips already made. The engineer stated that they would be in addition to the existing traffic. Mr. Stephens stated that the developer is planning to develop his own access to the tract and the current utilization of public streets will cease when the other accesses are complete. There was general discussion regarding ridgelines. Councilman Alongi concurred with Mayor Washburn regarding reduction of housing on the ridgeline. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO CERTIFY ENVIRONMENTAL IMPACT REPORT 92-3 OF LAGUNA HEIGHTS BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93-52, APPROVE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL, AND ADOPT ORDINANCE NO. 964, AND APPROVE GENERAL PLAN AMENDMENT 93-1 BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93-53 . Councilwoman Cherveny asked that it be included in the motion to amend Condition No. 47 to: 800 vehicle trips per day. Mayor Washburn asked that Condition No. 53 be added as part of the motion to read as follows: 53 . The maximum number of dwelling units allowed by the Laguna Heights Speciftc Plan dated June 18, 1993 for the Phase III area as identified on the Phasing Plan, Figure 36, of the Specific Plan, shall be reduced by a minimum of ten percent (10%) . The area is the prominent ridgeline between Leach and McVicker Canyons and has a land use designation of SAD-2 pursuant to the Specific Plan. This density may be transferred to the Leach or PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Dickey Canyon areas of the Specific Plan subject to the review and approval of the Community Development Director or their designed. Councilman Dominguez agreed that the lowering of traffic to 800 vehicles trips per day in Condition No. 47 and the addition of Condition No. 53 , be made part of the motion. THE FOREGOING MOTION CARRIED BY A 4-0 VOTE WITH WINKLER ABSTAINING TO APPROVE THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 92-3 OF LAGUNA HEIGHTS BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93- 52 , LAGUNA HEIGHTS SPECIFIC PLAN 92-3 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL AS AMENDED, AND ADOPT ORDINANCE NO. 964, AND APPROVE GENERAL PLAN AMENDMENT 93-1 BASED ON THE FINDINGS, AND ADOPT RESOLUTION NO. 93-53 WITH THE FOLLOWING FINDINGS AND CONDITIONS. RESOLUTION NO. 93-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT 92-3 AND ADOPTING THE FACTS, FINDINGS, AND STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM REGARDING THE ENVIRONMENTAL EFFECTS OF THE LAGUNA HEIGHTS SPECIFIC PLAN. ORDINANCE NO. 964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADOPTING THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 (THE WESTERN COMPANY) . AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER RESOLUTION NO. 93-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1993 . Findings - Specific Plan 92-3 1. The Laguna Heights Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et sea. of the California Government Code and Section 17 . 99 of the City of Lake Elsinore Municipal Code. 2 . The Laguna Heights Specific Plan is consistent with the Goals, Policies and Objectives of the General Plan and with any other applicable plans or policies adopted by the City. 3 . The Development Regulations contained within the PAGE SEVENTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Specific Plan supersede otherwise applicable City ordinances and codes, unless specifically stated to the contrary in the Specific Plan. Approval of the Specific Plan shall not be interpreted as waiving compliance with other Federal or State laws or City codes. 4. This request will result in significant environmental impacts associated with land use, air quality, biological resources, energy resources, aesthetics, agriculture, seismicity, water quality, traffic school construction, utilities and services which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable under the General Plan, specifically the provision of the quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 5. The proposed location of the plan allows the development to be well-integrated with its surroundings. 6. All vehicular traffic generated by the development, either in phased increments or at full build-out, will be accommodated safely and without causing undue congestion upon adjoining streets. 7. Except as limited by State law, including SB 1287, the Specific Plan identifies methodologies to allow land use to be adequately serviced by existing or proposed public facilities and services. 8. The overall design of the Specific Plan will produce an attractive, efficient and stable development. 9. The proposed project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. 10. The Laguna Heights EIR has been prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and is complete and adequate in that it addresses all environmental effects of the project and discretionary approvals. Findings - Environmental Impact Report 92-3 1. The Laguna Heights EIR and Addendum have been PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 14t 1993 prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and is complete and adequate in that it addresses all environmental effects of the project and discretionary approvals. Findings - General Plan Amendment 93-1 1. The proposed General Plan Amendment would establish a land use (Specific Plan) and allow density more in keeping with the subject property's location, access and site characteristics. Conditions of Approval - Specific Plan 92-3 1. The text of the June 18, 1993 version of the Laguna Heights Specific Plan shall be revised to incorporate any corrections and revisions and any typographical errors subsequent to their approval. A final Specific Plan shall be submitted for review and approval by the Community Development Director or his designee within 30 days of approval by the City Council. No permit shall be issued until final administrative approval of the Specific Plan by the Community Development Director or his designee. 2 . Prior to the issuance of any grading permits, the Applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance, and a geo-technical report to the Public Services Director for approval. The geo-technical report will primarily involve assessment of potential soil-related constraints and hazards such as slope stability, settlement, liquefaction, or related seismic impacts where determined to be appropriate by the Public Services Director. The report shall also include evaluation of potentially expansive soils and recommended construction procedures and/or design criteria to minimize the affects of these soils on the proposed development. 3 . The grade for local streets shall generally not exceed nine percent (9%) with the exception that grades up to a maximum of fifteen percent (15%) will be considered because of design constraints with the approval of the City Engineer. 4 . Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 5 . Prior to the recordation of a final tract/parcel map or prior to the issuance of any grading permits, whichever comes first, the Applicant shall design the following improvements and provide necessary dedication in a manner meeting the approval of the Public Services Director: * All provisions for surface drainage; and * All necessary storm drain facilities to a PAGE NINETEEN - CITY COUNCIL MINUTES - SEPTEMBER 14r 1993 satisfactory point of disposal for the proper control and disposal of storm runoff. 6 . Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 7 . All open space and slopes outside the public right- of-way shall be owned and maintained by either the master homeowner's association or private owners. All open space areas owned by the homeowner's association shall be offered for irrevocable dedication to the City. 8 . All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Community Development Director. 9 . Applicants shall incorporate energy-efficient features and passive design concepts, whenever feasible, in the design and construction of the project. 10. Applicants shall incorporate the use of solar energy and waste heat recovery systems to reduce energy consumption into the project design. 11. Applicants shall consult with SCE and SCG in the selection of effective energy conservation techniques and the installation of additional, project-related infrastructure. 12 . Applicants shall install building and energy conservation measures in compliance with Title 24, CRC Sections 2-5307 (b) and 2.5452 (i) and (j) , and Title 20, CRC Sections 1604 (f) and 1601 (b) . 13 . The development shall include facilities to promote circulation efficiencies, such as bus stops and turnouts. Plans for these facilities shall be incorporated into the street improvement plans for . each development phase. 14 . All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the Project so as not to exceed an exterior standard of 60 Ldn in outdoor living areas, and an interior standard of 45 Db CNEL in all habitable rooms. 15. The design of the Laguna Heights project shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Marshall. 16. All development proposals shall be reviewed by the City of Lake Elsinore and Riverside County Fire Department to ensure that adequate fire services are available to serve the development. PAGE TWENTY - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 17 . Applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 18. The City's Noise Ordinance must be met during all site preparation activity. 19. Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street Lighting District pursuant to Resolution 88-27. 20. Applicants of future projects within the Laguna Heights Specific Plan area shall acquire the necessary permits for development, including grading and building permits. 21. Prior to approval of each tentative map, a fault hazards investigation shall be conducted which will include fault trenching and utilize precursory geophysical methods within areas enclosed by the State of California Special Studies maps, if any structures are proposed in or near these areas. This study shall be provided by the Applicant. 22 . Documentation of slope stability shall be required when the type of fill material has been determined to issuance of a grading permit. All cut and fill grading shall be done under the supervision of a geo-technical engineer. 23 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 24 . Prior to tentative map approval, the project geotechnical, civil, and structural engineers shall review seismic design parameters and incorporate appropriate design standards into the site plan. 25. Prior to issuance of grading permits, the applicant shall develop a Spill Prevention, Containment and Cleanup Plan for potential accidental spills of petroleum prevention products from machinery or above ground storage tanks during construction. 26. Applicants for individual projects requiring 401 Water Quality Certification an NPDES construction and storm water permits shall obtain such permits prior to issuance of City grading permits. 27. All construction equipment shall utilize properly working mufflers and be kept in a proper state of tune to alleviate backfires. Stationary equipment such as generators, shall be equipped with noise shrouds and shall be placed as far as possible from sensitive receptor locations. Finally, when working within sensitive areas, portable noise barriers shall be utilized to reduce produced noise PAGE TWENTY-ONE - CITY COUNCIL MINUTES - SEPTEMBER 140 1993 to the extent feasible. construction activity shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Saturday to protect adjacent occupants from unreasonable noise and glare associated with construction. 28 . Contractors shall implement the measures to reduce the impacts of exhaust and dust emissions during construction. 29. Diversion, obstruction of the natural flow, or changes in the bed, channel, or bank of any river, stream, or lake shall require notification to the CDF as called for in the Fish and Game Code. Notification shall be made after the project is approved by the lead agency. 30. Recycled water shall be utilized where feasible. Where implemented, recycled water shall be sued in accordance with Title 22 , California Administrative Code and is also subject to the requirements and specifications of the Riverside County Health Department, EVMWD and the RWQCB through issuance of an NPDES waste discharge permit. 31. Prior to approval of the first tentative tract map filed for property within the Specific Plan, applicant shall have entered into a school impact mitigation agreement with the school district. City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demands of new development proposed in such tentative map to be approved by the City. For purpose of this condition, acceptable mitigation provided for in the School Impact Mitigation Agreement may include, but is not limited to the following: (a) Utilization of developer fees, Mello-Roos Community Facilities District financing or other special district financing, singly or in combination, to fully fund the construction cost of school facilities necessitated by the proposed development. (b) Payment or credit toward school fee mitigation to be provided to the landowner for the acquisition of a school site located on such landowner's property. 32 . Applicant shall ensure adequate utility service prior to occupancy. 33 . The Applicant shall comply with all applicable measures as specified by the City including those found in the City programs including the City Source Reduction and Recycling Element and Household Hazardous Waster Element, the County Solid Waste Management Plan and new County Integrated Waste Management Plan. 34. Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating water and sewer PAGE TWENTY-TWO - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 35. Applicant shall provide all project-related on-site improvements as specified in the Specific Plan. 36. The use of some native vegetation shall be incorporated into landscaping. Native Bunchgrasses, wild buckwheat, and coastal sagebrush are examples of native grassland and coastal safe scrub species that shall be utilized so as to create as diverse a plan palette as feasible. Implementation of this measure would partially mitigate for unavoidable impacts of the project on natural vegetation in the area. 37. All future development including tentative subdivision maps shall be consistent with the design standards and guidelines proposed in the Specific Plan. 38 . All future development is subject to the City of Lake Elsinore Design Review process. 39. The Applicant will work with EVMWD to ensure that there is an adequate supply of water and pressure to meet fire flow requirements. All water mains and hydrants shall be provided in accordance with City of Lake Elsinore Municipal Code, subject to the approval of the Riverside county Fire Department. 40. The approved Final Specific Plan shall be filed in the office of the City Clerk and in the City Planning Division. 41. No building shall be constructed, maintained or used other than for the purpose specified in the approved Final Specific Plan as required hereinafter. 42 . All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 43 . All habitat resources planned for removal, preservation, creation, or enhancement are subject to the review and permit issuance of the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, U.S. Fish and Wildlife Service and Sections 1601-1603 of the State Department of Fish and Game, where these Agencies have jurisdiction. Copies of all permits (404 and 1603) and conditions attached to the permits shall be submitted to the Community Development Director or designee for review prior to the removal of any habitat. 44 . Applicant shall comply with the City's approved PAGE TWENTY-THREE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 landscaping standards in effect at the time of approval of this Specific Plan with respect to the landscaping in medians, parkways, expanded parkways and adjacent slopes to be maintained by the City of Landscaping Maintenance District. Landscaping and irrigation plans shall be approved by he Engineering Department and City's Landscape Architect. 45. Except as otherwise provided in the Specific Plan or as otherwise approved by the City Engineer, roadway standards for Lake Elsinore relating to the minimum local street radii, maximum cul-de-sac length, maximum grade and minimum sidewalk width must be followed. 46. Developer shall comply with all mitigation measures identified in the Mitigation Monitoring Program adopted with the Laguna Heights Country Club Final Environmental Impact Report 92-3 . 47 . Prior to building permit issuance, the applicant shall conduct traffic evaluation/traffic counts to the satisfaction of the City Engineer. Prior to building permits being issued which would generate more that 800 vehicle trips per day from the Laguna Heights project on either Toft Drive or Amorose Street, the applicant shall develop and improve and alternative access to the site acceptable to the City. Once an acceptable alternative access is determined an Amendment to the Laguna Heights Specific Plan shall be submitted to the City for review and approval that integrates the alternative access in with the Specific Plan. 48 . The minimum lot size for the SFD-3 (Canyon Lots) , residential land use designation within the Laguna Heights Specific Plan shall be one half (1/2) acre (21,780 square feet) , and the final Specific Plan document shall be revised to reflect this. 49 . The keeping of horses as an accessory use in the SFD-3 land use designation of the Laguna Heights Specific Plan shall be subject to all of the regulation as set forth in Section 17.20 . 120 of the City of Lake Elsinore's Zoning Code. The final Specific Plan shall be revised to reflect these regulations. Tentative tract maps for the SFD-3 areas shall provide for equestrian trails for access to the equestrian properties and regional trails. 50. The proposed equestrian center as referenced in the Laguna Heights Specific Plan is outside the boundaries of the Specific Plan and therefore subject to separate review and approval. 51. The project drainage plans shall include a system of retention basins within the project site that will control the amount of storm water released from the site so that the maximum flow never exceeds the flows form the natural conditions. PAGE TWENTY-FOUR - CITY COUNCIL MINUTES -, SEPTEMBER 14, 1993 52 . Construction vehicles shall be prohibited from using Toft Drive or Amorose Street at any time. Proposed Laguna Heights Drive South shall be rough graded in the initial grading phase to provide construction access to the project site. Once plans are developed for this alternative access they will have to be reviewed and approved by the City pursuant to Condition No. 47. 53 . The maximum number of dwelling units allowed by the Laguna Heights Specific Plan dated June 18, 1993, for the Phase III area as identified on the phasing plan, Figure 36, of the Specific Plan shall be reduced by a minimum of ten percent (10%) . the area is the prominent ridgeline between Leach and McVicker Canyons and has a land use designation of RFD-2 pursuant to the Specific Plan. This density may be transferred to the Leach or Dickey Canyon areas of the Specific Plan subject to the review and approval of the Community Development Director or their designee. BUSINESS ITEMS 31. Extension of Time Requests for North Tuscany Tentative Tract Maps: 25074 , 25075, 25076, 25077, 25078, 25079 , 25080 (Homestead Land Development Compga y . (F: 160.2) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE THE EXTENSION OF TIME FOR TENTATIVE TRACT MAPS 25074, 25075, 25076, 25077, 25078, 25079, 25080 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE PREVIOUSLY APPROVED CONDITIONS OF APPROVAL AS AMENDED. Councilwoman Cherveny noted that the developer has not complied with the conditions to date and indicated that she would not be in support of an extension without more compliance. She expressed particular concern with paving of walkways to the school on Summerhill. City Attorney Harper clarified that the applicant currently has no economic ability to perform the conditions. He explained that the question is really whether to extend the map and keep it a saleable item or not extend the map and have is raw land which would most likely limit the market for the property. He indicated that there was not really a downside to the extension, as the project might proceed. Councilwoman Cherveny questioned the potential of someone acquiring the property and proceeding with the project. Mr. Harper indicated that the chance is very good, as there are interested buyers. Councilman Alongi requested confirmation that the conditions will stand with the extension of time. Councilwoman Cherveny questioned the ability to add a condition, because she would like to see paving on Summerhill out to the School. Mayor Washburn clarified that there is already a condition for paving this area. PAGE TWENTY-FIDE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 John Mullick, representing Homestead, noted that the area under discussion has been bladed off to allow a walkway to school. He explained that the property is under the control of the R.T.C. and no expenditures can currently be made for improvement, only maintenance. Councilwoman Cherveny inquired whether the applicant could pave the area. Mr. Mullick indicated that he was not certain this would be possible. Councilwoman Cherveny inquired whether the applicant would agree to adding a condition regarding this. Mr. Mullick indicated that the sidewalk is already conditioned and will eventually go in. City Attorney Harper clarified that the project can only be finaled when all conditions are complete. Councilman Alongi questioned the City's ability to put down an inch of asphalt temporarily to prevent problems during the rainy season. He then indicated that he would like the City to lay 1-1/2" asphalt. Mayor Pro Tem Dominguez inquired whether this would be acceptable to the applicant. Mr. Mullick indicated it would be acceptable. City Attorney Harper clarified that the City does not own the property, but could incur liability from this action. Councilman Alongi stressed the safety concerns for children in the area. He questioned the ability of the City to loan funds or supplies to the developer. City Attorney Harper indicated that he was not certain what would be allowed by the R.T.C. , but it could be investigated. THE FOREGOING MOTION TO APPROVE A 24 MONTH EXTENSION OF TIME CARRIED BY UNANIMOUS VOTE. Findings 1. Satisfactory progress toward the development of these Tract Maps has taken place. 2. Conditions have been added by the Engineering and Planning Departments to insure the development will not impact the public health, safety and welfare. 3 . The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan and the Tuscany Hills Specific Plan. Conditions NOTE: The following conditions apply to all eight Tentative Tract Maps except as otherwise annotated before each applicable condition as follows: (74) applicable only to TT 25074 (75) applicable only to TT 25075 (76) applicable only to TT 25076 (77) applicable only to TT 25077 (78) applicable only to TT 25078 PAGE TWENTY-SIX CITY COUNCIL MINUTES - SEPTEMBER 140 1993 (79) applicable only to TT 25079 (80) applicable only to TT 25080 (83) applicable only to TT 24383 Planning Department Conditions 1. Tentative Tract Maps 25074, 25075, 25076, 25077, 25080 and 24383 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 2 . Applicant shall comply with development standards as outlined in the approved Specific Plan. 3 . Final plotting and architectural drawings shall require minor design review as required by he Tuscany Hills Specific 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, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 5. All signage shall be consistent with the Sign Program contained in the Specific Plan. 6. The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Specific Plan. 7. Street names for all streets within the Tentative Map shall be approved by the Community Development Director. Engineering Department Conditions (75) 8. "H" Street shall be re-evaluated along with "All Street in TT 25077 in order to improve access off Summerhill Drive. Redesign shall be approved by Engineering Department if design proves to be more feasible. (77) 9 . "A1l Street shall be re-evaluated to provide possible access somewhere between Lots 164 and 167. Redesign shall be approved by City Engineering Department. 10. Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 11. Fence locations and walls indicated on a grading plan and consistent with the Specific Plan shall be approved by he Community Development Director PAGE TWENTY-SEVEN —CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 prior to the release of the first Certificate of Occupancy. 12 . Grading and construction plans shall incorporate erosion control measures as required by he Chief Building official. 13 . Improvement Plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 14. Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Specific Plan. 15. All Public Works required shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 16. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 15, Chapter 16. 34; Resolution 85-26) . 17. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to final map approval. 18. Construct all required off-site public works improvements per approved plans (Municipal Code, Title 12) ; plans must be approved and signed by the City Engineer prior to final map approval. 19. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered engineer. 20. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12 , Chapter 12. 08 and Resolution No. 83-78) . 21. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 22. Annex to the City Landscaping and Street Lighting District. 23. Prior to the recordation of the final tract map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Engineer and the Chief Building Official as amended by he Specific Plan. 24. All local interior double loaded streets shall be fifty foot (501 ) right-of-way with thirty-six foot (361 ) curb-to-curb. Restricted single-loaded local PAGE TWENTY-EIGHT - CITY COUNCIL MINIITES - SEPTEMBER 14, 1993 streets shall not be less than forty foot (40") right-of--way with twenty-eight foot (281 ) curb-to- curb. 25. A complete hydrology and hydraulic report shall be submitted and approved by he City Engineer prior to Final Map approval. 26. The storm drain system shall be designed to mitigate urban pollutants from discharge into Canyon Lake and San Jacinto River as amended by the Specific Plan. 27 . Any natural drainage diverted or concentrated onto adjacent property will require a letter of drainage acceptance from the affected property owner. 28 . No single-family lots shall front or access to collector streets or higher volume streets. 29. Designated natural open space lots shall be offered for dedication to the City and maintained to prevent any public hazard until such offer is accepted. Operation and maintenance of open space shall be provided through the City of Lake Elsinore Landscape and Lighting Maintenance District or a similar entity. The City may require that an appropriate strip of land along the boundary of residential lots (consistent with the Fire Management Program set forth in the Specific Plan) be maintained by a homeowner's association. Access for maintenance to be approved by the City Engineer prior to recordation. 30. All compaction reports, grade certifications, monument certifications (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. (78) 31. "A" Street from "B" to "C" Street shall be increased to fifty feet (501) . Building/Safety Department (75) 32 . Construction Phasing Plan will be submitted to (77) Chief Building Official and approved prior to the (79) issuance of building permits within references tentative tract maps. 33 . Applicant shall meet all Conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 34 . Prior to the issuance of building permits as landscape and irrigation plan shall be submitted and approved by the City. The plans shall be subject to the guidelines identified in the Specific Plan and Design Guidelines for Tuscany Hills. PAGE TWENTY-NINE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 35. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection as determined by the community Development Director 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. 38 . All buildings shall be constructed with fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "A" rating and shall be approved by the Chief Building Official prior to installation. 39 . Submit a schedule of public works improvements based upon the taming of occupancy of the tract prior to final map approval. (74) 40. Residential lots of less than 5, 000 square feet shall be subject tot he approval of the Planning Commission. (79) 41. The "C" Street intersection with Greenwald Avenue should be re-evaluated and submitted for approval by the Community Development Director prior to the recordation of Tract 25079. 42 . All improvement plans shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with the City's ARC/INFO GIS system or the developer all pay $1,000.00 per sheet for City digitizing. 43 . If grading exceeds 50 cubic years, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 44 . Prior to issuance of grading or building permits, the owner shall provide the City with proof of filing a Notice of Intent with the Regional Water Quality Control Board for a National Pollutant Discharge System Permit. 45. Developer shall provide the City with proof that it will provide No Parking and Street Sweeping Signs for streets within the tracts or pay a fee for installation by the City. 46 . Developer shall install blue reflective pavement markers int he street at all fire hydrant locations. PAGE THIRTY CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 47. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 48 . The Developer shall establish a Storm Water Pollution Prevention Program prior to fifty percent (50%) occupancy. The program shall include, but not be limited to, stenciling catch basins, pamphlets for irrigation and fertilizing lawns and disposal of auto oil and anti-freeze. 32 . Evaluation of Refuse Collection and Street Swee in Operations, CR&R Inc. (F: 163 . 1) (X:68. 1) MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO REVOKE THE NOTICE OF DEFAULT FOR CR & R, INC. City Manager Molendyk indicated that Mr. Fahrion of CR & R, and City staff have worked to alleviate the prior concerns and there is a noticeable improvement. Councilman Alongi indicated that he hoped this improved level of service would continue. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33 . Cooperative Agreement Amendment for Street and Traffic Si nal Improvements at the Intersection of Mission Trail and Corydon Street. (F: 68 .1) City Manager Molendyk noted the location and reminded Council that this intersection has been under discussion for quite some time. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT AS PRESENTED. 34 . Street Name Change - Railroad Canyon Road to Diamond Drive. (F: 158. 1) City Manager Molendyk explained this item and advised that it would be approximately a one year process to gain a Caltrans permit and allow for the freeway signs to be changed. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO DIRECT STAFF TO PROCEED WITH THE NAME CHANGE BY REQUESTING COMMENTS FROM ALL PROPERTY OWNERS ALONG RAILROAD CANYON ROAD; NOTIFY CALTRANS AND BEGIN COLLECTING COSTS OF SIGNING CHANGES; SET A PUBLIC HEARING DATE; AND BRING BACK A RESOLUTION TO COUNCIL EFFECTING THE CHANGE AND SETTING A DATE FOR THE ACTUAL IMPLEMENTATION. Councilwoman Cherveny inquired whether this change would be both North and South of the freeway. Mr. Molendyk indicated that it would run from City limits to the Stadium. Councilwoman Cherveny expressed concern with the cost to the businesses on the North side of the freeway and noted that only one would be impacted South of the freeway. Mayor Washburn noted the necessary public hearing process. City Manager Molendyk indicated that staff could find out how PAGE THIRTY-ONE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 many businesses are affected. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Requests from Non-Profit -Organizations. (F:108 . 1) I MOVED BY CHERVENY, SECONDED BY WASHBURN TO APPROVE ASSISTANCE TO THE FOLLOWING ORGANIZATIONS IN THE FOLLOWING AMOUNTS: H.O.P. E. $5, 000 Operation School Bell $5, 000 Friends of the Library $1, 000 Councilman Alongi indicated that he would like to see more funds for the Friends of the Library if possible, and suggested an increase of $1, 000, possibly by transferring $1, 000 from Operation School Bell. Mayor Pro Ten Dominguez suggested $500 be shifted from H.O.P.E. and $500 from Operation School Bell. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE, A SUBSEQUENT MOTION TO APPROVE ASSISTANCE IN THE AMOUNT OF $4,500 TO H.O.P.E. , $4, 500 TO OPERATION SCHOOL BELL AND $2,000 TO FRIENDS OF THE LIBRRY. 36. Interstate 15 Access Study. (F: 82 . 2) City Manager Molendyk suggested that this item be referred to a workshop for discussion. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS ITEM TO A CITY COUNCIL WORKSHOP FOR DISCUSSION. 37. Council_Policy_- Church_Conditional Use Permit Fees. (F:120. 1) City Manager Molendyk suggested that this item be referred to a workshop for discussion. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO DEFER THIS ITEM TO A CITY COUNCIL WORKSHOP FOR DISCUSSION. PUBLIC COMMENTS - NON-AGENDIZED ITEMS John Johnson, Lake Elsinore Valley Soccer Club, 31946 St. Pierre Ln. , thanked Council for the use of Summer Lake Park and presented Council with T-shirts, hats and patches of their first annual Friendship Tournament which was held on Labor Day weekend. He requested a variance for parking on Grand Avenue for Saturdays only, to allow for games held at that site. Councilman Winkler commented that there is no parking on Grand Avenue due to bicycle lanes; and he stated that he felt that because of traffic and visibility in that area, it is not safe to park on Grand Avenue. He stated that it endangers the children if they try and cross, and further it blocks vision for the cars - trying to turn left from Broadway Street. Mr. Winkler explained that the park was designed with extra parking in the area of the portable classrooms and eventually it will be used for parking. He suggested areas for alternate parking and encouraged Mr. Johnson to have the parents park in other areas which are safer for the PAGE THIRTY-TWO - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 children. He asked that staff work with the Soccer Club and with Captain Daniel to address this problem. Kelly Butler, Elsinore valley Friends Church, 22971 Fawn Lake, Canyon Lake, requested that when the Conditional Use Permits for churches are considered, that the Council consider small churches that do not have a great deal of funds to work with. He further requested that Council allow them to practice their religion and stressed their need for a permanent facility. Mayor Washburn asked how many are in the congregation. Mr. Butler stated that they have approximately 150 members and are currently meeting at Terra Cotta ,junior High. Peter Dawson, Southshore Homeowners Association, 18010 Grand Avenue, expressed his concerns regarding the lake and presented pictures detailing the continuing problem of algae in the lake. He stated that he saw evidence of copper sulfate being used in the inlet channel and flood plain next to the levee. He asked why copper sulfite is still being used, since it is counter-productive to the health of the lake and destructive to the micro-organisms. City Manager Molendyk explained that Council authorized staff to use copper sulfite along the shorelines to kill algae initially. He further explained that other than the two applications used in the beginning of the micro-treatment, the City has not continued that treatment. Mr. Molendyk expressed concern and indicated that the City would like to know who is using this treatment since the City is using Micro-organisms only. Mayor Washburn asked if staff could investigate to see where this problem is being created. Thelma Ball, 15682 Grand Avenue, Sp. 22, expressed her concerns regarding the Senior Center and the need for table and chairs and a horse-shoe pit. She commented that there are two air conditioners in the Center that have not worked right for some time and asked Council to direct staff to have them repaired. Mrs. Ball stated that the Seniors do get bottled water, but the City does not provide drinking cups and they were promised a drinking fountain which has not been provided. She asked for an accounting of the funds which were appropriated for the Center and asked that the City relocate the pool table to a safer location. CITY MANAGER COMMENTS City Manager Molendyk reminded the Council/RDA Board of the Press Conference scheduled for tomorrow. He announced to the public that season ticket information is now available at (909) 245-HITS. CITY COUNCIL COMMENTS Mayor Pro Tem Dominguez commented on the following: 1) Crime problems downtown; inquired whether the target team or bicycle patrols are being used. He noted that panhandling problems are increasing, groups are congregating at Peck Street, and trucks are using Main Street. He requested that Captain Daniel address these concerns. Councilman Winkler commented on the followings 1) Soccer Club concerns, requested that staff work with the organization for solutions to parking. PAGE THIRTY-THREE - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 2) Amber Ridge, met with Water District members. Documentation was to be issued on September 23rd, however paperwork was delayed. Requested that staff contact Mr. Hoagland and determine the problem and have the Cityfs lobbyist assist in Sacramento where possible. i 3) McVicker Park, recommended that staff contact the Flood Control District to expedite the plan check. Councilman Alongi commented on the following: 1) Congratulated L.E.A.F. for its work and accomplishments. 2) Sun Tribune Editor Hand, noted that he has spoken with his supervisor. He stressed the need for opinions to include factual information, as he has no right to mislead the readers. 3) H.O.P.E. Dinner, reminded the Community that it will be held on September 25th at the Community Center. Interested parties can contact H.O.P.E. for tickets. 4) Ordinance regarding Drug Houses, happy it is in place and being used. 5) Concerns about Horseshoe Pit at Senior Center. He questioned the cost and timing for completion. 6) Made a personal request for the Chamber of Commerce to consider allowing the use of the Rodeo grounds for the Sierra Circuit Rodeo. He noted his understanding of the conflict and stressed the need to do what is good for the Community. Councilwoman Cherveny commented on the following: 1) L.E.A.F. , commended the reduction in euthanization statistics and the increase in adoptions. 2) Inquired when the July 4th banners would come down and the Autumnfest banners would go up. 3) Questioned the Horseshoe Pits and the target date for completion. Community Services Director Sapp explained the difficulties in the approval process and indicated that the final bid documents should be ready this week. Mrs. Cherveny suggested that groundbreaking ceremonies be held for this project. 4) Noted copy of book received from Marge Rieder, and advised that Ms. Rieder will be on the Larry King Show on September 29th and the Joan Rivers Show in October. She thanked Ms. Rieder for the book. 5) Announced the 3rd Annual Juried Art Show on September 18th and 19th, co-sponsored by the City and the Elsinore Valley Artists Society. She encouraged the Community to attend. Mayor Washburn commented on the following: 1) Thanked Marge Rieder for the copy of her book. PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 2) Concurred that Western Classic Productions and the Chamber of Commerce have come a long way and stressed the potential for cooperation. He expressed his hope that a joint use of the rodeo grounds can be negotiated. CLOSET) SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10: 05 P.M. TO DISCUSS PENDING LITIGATION WITH TAYLOR-SHAFER, POTENTIAL LITIGATION AND PERSONNEL MATTERS. THE CITY COUNCIL MEETING RECONVENED AT 10:40 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CI MY COUNCIL MEETING AT 10:41 P.M. Az)I �� GAR Y . WA HBURN, MAYOR CIT F LAKE ELSINORE fi TEST: JICKI KASAD, ..ITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 28, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONSZCEREMONIALS A. Presentation - International Downtown Association - special Merit Award. (F: 56 . 1) City Manager Molendyk announced the receipt of this award by the City of Lake Elsinore and noted the recent major efforts to improve the downtown area. He further noted that the marketing video for the downtown area was to the best of his knowledge the first of its kind. A video detailing the program which achieved the award for the City of Lake Elsinore's and those of other winners was shown. Mr. Molendyk noted that the City of Lake Elsinore was the smallest city qualifying for this competition. He showed the plaque received and thanked King Videocable, Ballew & Associates and Assistant City Manager Rogers for their efforts on this video. B. Lake Update . (F: 92 . 1) City Manager Molendyk noted that progress in clearing the algae had been seen for a while, however the Lake was now green again. He requested an update from the contractor treating the Lake. Bob Allard, representing Brach & Allard, advised that they have seen a complete lake turnover with the bottom rising to the top. He explained the impact of temperatures and accumulated materials on the bottom of the Lake on the algae being seen. He further explained that although the color of the Lake is unpleasant, progress is being seen. He detailed the treatment done with approximately 75, 000 pounds of micro- PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 organisms to date. He noted the remaining problem areas and the further treatment which will occur. City Manager Molendyk noted previous comments that the Lake should be cleared up in 90 days and questioned the reason for the remaining problems. Mr. Allard explained that the trees which are under water at the west end of the lake have some impact on the problem. He further explained that the product has been altered since the process began and appears to be clearing the problem. Mayor Washburn questioned the "shiny" layer along the shoreline. Mr. Allard indicated that layer was planktonic algae and filamentous algae which becomes shiny as it dies out. Mayor Washburn inquired how long this would last and the impact on the color of the water. Mr. Allard indicated that the coloring of the lake will continue for a while, and the shiny layer will dissipate in a week to a week and a half. He advised that a planktonic bloom will be seen as each major layer in the Lake bottom soil is attacked. Councilwoman Cherveny inquired what the difference between the natural pattern and the use of the product is, in that similar clearing of the Lake is seen annually without the product. Mr. Allard indicated that under normal circumstances this problem would have included a major fish kill, which has not been the case this year. He explained that this change was due to the increased levels of dissolved oxygen, up to a rating of approximately 12%, which is currently present in the Lake. Councilwoman Cherveny questioned the oxygen levels at which fish kills occur. Mr. Allard indicated that fish die offs generally occur when there is around 2%, with 4 to 5% being adequate for fish survival. Mr. Allard commented that some blue is appearing along the edge of the Lake which is caused by the continued impact of copper sulfate on the Lake. City Manager Molendyk requested clarification that this copper sulfate was a build-up rather than new application. Mr. Allard concurred that this was a result of previous public and private attempts to resolve the problem. He also noted that a major assistance to clearing the Lake would be an outflow. He suggested the potential for use of aeration, however noted that it is cost prohibitive. City Manager Molendyk suggested that the Council might want a workshop on the Lake for an update in the next few weeks. Mayor Washburn expressed hope for an improved situation next year with this headstart on the problem. R.B. Jones-Grubbs, representing the manufacturer of the product used on the Lake, noted that this effort has shown how well the residues from a long period of time are being mitigated. He stressed the work of this product to draw the impurities out of the soil on the bottom of the Lake. He suggested that this treatment continue throughout the winter to assure a clearer lake next year. Mayor Washburn indicated that Council would schedule a workshop. C. Stadium Update. (F: 134 . 10) PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 28o 1993 City Manager Molendyk noted that the Stadium is on schedule and the Team representatives are pleased with the number of season tickets sold to date. D. Williams Lawsuit. (F:52 .2) Mayor Washburn noted that the Williams lawsuit had been heard by the Court this date and requested an update from City Attorney Harper. City Attorney Harper confirmed that this matter had gone before the Judge as an effort to block the Walmart project. He advised that the Court concurred with the City and Agency and denied the Writ of Mandate requested. He further advised that the Court found that the meetings where action was taken were properly noticed and held; and further Mayor Washburn and Councilman Winkler were not in conflict of interest. He noted that the statute provides for attorney fees and he would be discussing this with the Council in Closed Session. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 21 and 36 of this agenda and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 7, 8 and 9. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - September 14, 1993 . (F: 44.4) 2 . Received and ordered filed the L.E.A.F. Animal Control Activity Report for August, 1993 . (F: 18 . 2) 3 . Received and ordered filed the Investment Report for August 31, 1993 . (F: 12 .5) 5. Approved Change Order No. 3 for Lakeshore Drive/Robb Road Improvement Project for R.A. Ruiz Construction for a contract reduction in the amount of $9, 086. 52 . (F: 156. 2) 6. Accepted Notice of Completion for Lakeshore Drive/Robb Road Intersection Improvements for R.A. Ruiz Construction. (F: 156. 2) ITEMS PULLED FROM CONSENT CALENDAR 4 . Warrant List - September 15, 1993 . (F: 12 . 3) Councilwoman Cherveny commented on the warrant list and her discussions with several contractors. She suggested use of local contractors where possible. City Manager Molendyk commented that local contractors are used, He advised that PAGE FOUR - CITY COUNCIL MINUTES -- SEPTEMBER 28, 1993 both Edmundson and MBC had done work for the City. He further advised that staff does go out and solicit bids. He noted that during the storms earlier this year extensive amount of work was done and much of the work was contracted on the basis of who could respond with the necessary equipment on short notice. He stressed that many times local contractors are not able to meet the necessary time frames. He suggested that interested local contractors contact the Public Services Director and notify him of there interest in providing services. Mayor Washburn noted that the intent of the public bidding process is to offer an equal opportunity to bid. Councilman Winkler commented that he keeps hearing about use of local people and indicated that it sounds like a type of "cronyism" . He stressed the purpose of the public bidding process. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST AS PRESENTED. 7 . Notice of Completion for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements for the West Lake Elsinore, CFD 88-3 . (F: 22 . 3) City Clerk Kasad indicated that this item should be pulled from the agenda. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO PULL THIS ITEM FROM THE AGENDA UNTIL FURTHER NOTICE. 8 . Reiection of Bids for the Summerhill Drive Walkway (Del Pizzoli_to _Ponte_Rus_so) . (F: 146 . 1) Councilwoman Cherveny indicated that she had driven through this area and was not sure it had truly been bladed off. She suggested that further consideration be given to this project because the only options for the children are to walk in the street or in the mud when it rains. She further suggested that this was a safety issue and questioned the ability to gain reimbursement from the developer. City Attorney Harper indicated that reimbursement could not be obtained. Mayor Washburn indicated he too had visited this area, and suggested placement of sand or other material in the area to smooth out the rough spots. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 1 WITH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI ABSENT TO REJECT ALL BIDS FOR THE SUMMERHILL DRIVE WALKWAY FROM DEL PIZZOLI TO PONTE RUSSO. 9 . Agreement for Archaeological Work. (F: 68 . 1) Councilwoman Cherveny questioned the cost difference for use of a 4 wheel drive vehicle vs. a 2 wheel drive vehicle. She further questioned the necessity of a 4 wheel drive vehicle for the work location. City Manager Molendyk indicated that most vehicles used by the archaeologists are 4 wheel drive, and those are based on a cost of $ . 35 per mile. PAGE FIVE -- CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Councilwoman Cherveny questioned the cost difference. Mr. Molendyk indicated that he was not aware or the cost difference, however that was the way the project was bid. Mayor Washburn noted a letter received from Larry Myers, Executive Secretary, Native American Heritage Commission relating to the handling of bones and read the following excerpt from that letter: "I was confused as to what the involvement of Penny Baker and Robert Vermillion had with the site initially and what prompted them to invite archaeologists to the site. Were they representatives of the property owner? It also is not clear who removed the bones from the site. Mr. Bruce Love, mentioned as one of the archaeologist, is well aware of the Codes and the proper procedures to follow involving the discovery of remains and the documentation and recording of finds. Records in this office do not indicate that Paul Price is an archaeologist. Regarding your questions about trespassing and removal of remains (if they are human) I would suggested that you immediately discuss these questions with your District Attorney. " Mayor Washburn explained that this agreement was for areas not covered by the Corps. of Engineers work underway. City Attorney Harper advised that action is being pursued as suggested in the letter read by Mayor Washburn. MOVED BY DOMINGUEZ , SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITH STATISTICAL RESEARCH AS PRESENTED. PUBLIC HEARINGS 21. Annexation No. 65 Zone Change Pre-Zone 92-6 • Tentative Tract Map 27317 - Western Desert Corporation. Resolution 93-59 . (F: 20. 2) (X: 172 . 2) (X: 160 . 2) City Planner Leslie detailed the site which a proposal for a 135 lot subdivision of single-family homes and an annexation to the City. He noted that there is additional area surrounding the project to the west and north that is also proposed to be prezoned, but not actually annexed at this time. Mr. Leslie presented an exhibit which outlined the annexation and surrounding areas. He noted the conditions proposed and the modification of alignment on Grand Avenue. Mayor Washburn then asked for the applicant to speak. Steve Parry, Hamilton Consulting, 3397 Silva Road, STE 320, Dana Point, explained that Hamilton Consulting is representing the project as the Project Manager for Western Desert Properties. He stated that they are in general agreement with the proposed conditions except for one. Mr. Parry explained that the issue of realignment of access from Grand Avenue is acceptable as newly proposed or originally proposed. He requested modification of Condition No. 74 to read: If PAGE SIX -- CITY COUNCIL MINUTES - SEPTEMBER 30, 1993 building permits are not issued within 90 days of approval of this tentative map, the site shall be subject to dust control methods as approved by the City Engineer. He stated that this would be consistent with other projects approved by Council and meets the requirements of the Planning Commission. He stated that he and his staff would be available for further questions. Mayor . Washburn opened the public hearing at 7 :50 p.m. and asked those persons requesting to speak to come forward as called. The following persons spoke: David Buchanan, 30881 Plumas Street, spoke in opposition to the project and presented an exhibit showing by color designation, how many people are opposed to the project from the surrounding areas. He noted that the original development approved by the County was for 98 homes, which would have been consistent with the surrounding area. He explained that this project, along with Laguna Heights project will have an adverse effect on Public Safety and services provided to the area. Jeanie Archer, 15271 Alvarado Street, spoke in opposition to the project and explained that she felt that she and her neighbors were under attack because she feels the developer was trying to change their lifestyle. She pointed out that livestock produces noise seven days a week, flies can not be stopped, and the safety of children who are not used to livestock and move into the new tract and the danger to the livestock from new residents. Mrs. Archer explained that she felt that the 98 homes would be more acceptable and in conformance with the surrounding area and that higher density for profit would just create more problems . Donna Bejarano, 32831 Magdaleno Court, spoke in opposition to the project and expressed concern regarding drainage and potential flood waters. She stated that there are several problems which exist and explained the proposed drainage which takes a ninety degree turn into a dirt channel and noted the possibility of a silting problem along with the flooding. Richard Bejarano, 32831 Magdaleno Court, spoke in opposition to the project and explained that the 98 lots proposed to the County was a compromise at that time. He further explained that he understands that the proposal for 135 homes is done due to economics, but he stated that if the economics do improve it will still consist of 135 homes instead of 98 homes. Ace Vallejos, 15231 Cobre Street, spoke in opposition to the project and explained that he felt his area was being forced into an annexation by the City and encouraged residents opposed to annexation to notify LAFCO of their concerns. He asked why the City was trying to prevent the majority of homeowners from voting on the annexation. Mr. Vallejos read a letter questioning the potential change in the quality of life for existing residents, as well as inferior police services should this annexation be approved. Allan Knight, 30570 Brookstone, spoke in opposition to the project and read portions of the LAFCO rules and regulations PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 28r 1993 regarding annexation, and questioned the compliance of the developer to these rules and regulations. Mr. Knight stated that the developer increased the density from 98 to 135 homes due to the excess cost for drainage improvements. He explained that it is only an increase of $5,000 per residence and he felt that the drainage issue was just an excuse to increase the number of lots. He noted that it was requested of the developer to design an equestrian community and make it compatible to the surrounding area and developer declined to do so. Ed Schultz, 15003 Eureka Street, spoke in opposition to the project and stated that he does not want to be a part of the City and feels that there would be no benefit to himself or his neighborhood. He indicated that the project will block his view and reduce the quality of public safety services. Mayor Washburn then asked if any other persons would like to speak in regard to the project. Hearing none the Mayor called upon Mr. Parry, Project Manager, to respond to some of the concerns presented to Council. Mr. Parry stated that he would like to address the issues regarding lot size, equestrian use, flood control and traffic. Mr. Parry explained an exhibit of the perimeter of the property and explained one of the concerns of the surrounding property owners was the compatibility of use and lot size. He stated that they had modified the tract map to make lots which are adjacent to the other developments larger, to conform and make a buffer and he felt that this would answer the concern by making them compatible to adjacent lots. Mr. Parry then explained equestrian use adjacent to the project and noted that there is no equestrian use in the project. He clarified that the prezoning does accept equestrian use and he stated that the project is compatible with the Regional Trail system. Fred Crowe, Keith Companies, Project Engineer, explained that the trail next to the sidewalk is a multi-use trail and is connected to the Regional Trail system and meets all requirements. Mr. Crowe then gave an overview of the Trail system. Mayor Washburn asked what standard was required of 888 Development. City Planner Leslie explained that the trail is as narrow as 10 feet and gets wider in some areas. Steve Parry explained the cost of the project and noted that it does not increase taxes. He then addressed flood control and explained that the project has been conditioned to address substantial off-site drainage. Mr. Crowe explained the improvements which the project will install and explained that the cost of the drainage will be absorbed by the developer for the section from Machado to the Lake. Mr. Crowe explained that although it is set up for reimbursement, it would happen at the time of future development; and the area from Machado to the Lake looks as though it will be quite some time before there is building to reimburse the developer, therefore the developer will bear the entire cost of the drainage improvements. Councilwoman Cherveny asked how long the earthen channel is. i PAGE EIGHT - CITY COUNCIL MINUTES -. SEPTEMBER 30, 1993 Mr. Crowe stated that it is approximately 500 feet and was built by Woodhaven prior to the new regulations. He stated that there have always been problems with the channel, and eventually Riverside County Flood Control will have to address them. Mr. Parry clarified that this project will not only handle the flows of the project itself, but it will be accepting water from off-site. He further clarified that this will improve the flooding situation in the surrounding areas and not increase the problems. Steve Parry then addressed the traffic concerns and explained that there were two streets in the adjoining tract that were not cul-de-sacs, and were always intended to connect to the next area of development. He advised that these streets have been developed to accept the amount of traffic proposed. He explained that if Council prefers, they will use the alternate entry from Grand Avenue. Councilman Dominguez asked Mr. Parry about creating an island with the annexation. Mr. Parry presented an exhibit of the proposed annexation and stated that he did not see an island problem. Allan Knight, 30570 Brookstone, clarified that on one end of the project near Machado, there is a small strip of land between two City limit lines. Ace Vallejos, 15231 Cobre Street, stated that if this project is annexed his back fence is the City limits and expressed concern that all of the lots in his tract are three-quarters of an acre to one acre lots and that is not compatible to what is proposed. Terry Spear, 2651 Payne Street, stated that on Eureka Street there are a large number of children who play in the street and traffic is a danger to those children. Mayor Washburn asked if anyone else would like to speak in regard to the project. Hearing no one the public hearing was closed at 8: 35 p.m. Mayor Washburn asked if the lots adjacent to the adjoining tract would meet the buffer requirements. Mr. Parry stated that they will. Mayor Washburn then questioned lots 6 through 28 that come up to the rear of other ownership rights and the toe of the slope raises up to a pad level impacting visual access, and he requested confirmation that open fencing would be used so that the view was not obstructed. He then questioned the maintenance of the upper slope and whether there would be CC & R's to support maintenance. Mr. Parry explained the concerns of the maintenance of slopes have been discussed and there is an agreement to set up a maintenance agreement as detailed in Condition No. 8 . Councilman Dominguez questioned the equestrian trails. Mr. Crowe explained that the way they are conditioned, it is to be used as a multi-purpose trail and fits the location that is requested by the County for the Equestrian Trail System. Councilman Winkler asked if the flood control plans within PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 30, 1993 this project were provided for in the County approval. Councilman Winkler asked about the fencing used to prevent the blocking of views. Mr. Crowe explained that the Planning Commission and the adjacent property owners had concerns regarding the blockage of view and the way it is conditioned so the fencing will come back to Design Review for approval. He further explained that the height and amount of privacy are issues which will be taken into account at the time of Design Review. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT STAFF RECOMMENDATION TO ADOPT MITIGATED NEGATIVE DECLARATION 93-7; ADOPT RESOLUTION NO. 93-59 FOR THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE ANNEXATION NO. 65; APPROVE ZONE CHANGE 92-6 AND TENTATIVE TRACT MAP 27317 BASED ON THE FINDINGS AND CONDITIONS WITH AMENDMENT TO CONDITION NO. 74 AS REQUESTED; AND APPROVED ALTERNATE ACCESS FROM GRAND AVENUE AS SUGGESTED. RESOLUTION NO. 93-59 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 INHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 65 - WESTERN DESERT CORP. " ORDINANCE NO. 966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 346 ACRES TO 116 ACRES OF R-H RESIDENTIAL HILLSIDE AND 23.0 ACRES OF R-A RESIDENTIAL AGRICULTURAL, LOCATED NORTH AND EAST OF GRAND AVENUE, WEST OF THE INTERSECTION OF MACHADO STREET (ZONE CHANGE 92-6 - WESTERN DESERT CORPORATION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE Findings - Annexation No. 6,5 1. The proposed annexation area is entirely within the City's Sphere of Influence. 2 . The proposed annexation area is contiguous to the City of Lake Elsinore. 3 . The project will not result in any significant adverse impacts on the environment. Findings - Zone Chancre 92-6 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 280 1993 2 . This zone change establishes the necessary pre- zoning for this site. 3. This request will not result in any significant adverse impacts on the environment. Findings - Tentative Tract Map 27317 1. The proposed Subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivisions is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473.5) . 2 . The effects this project is likely to have upon the housing needs of the region against the public service needs of its residents and available fiscal and environmental resources have been considered and balanced (Government Code Section 66412 . 3) . 3 . The design of the subdivision provides to the greatest extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Government Code Section 66473. 1) . 4 . Based on indications from the Elsinore Valley Municipal Water District (EVMWD) it has been determined that the discharge of waste from the proposed subdivision into the existing sewer system should not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. (Government Code Section 66474 . 6) . Planning Divisions Conditions 1. Tentative Tract Map 27317 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . Tentative Tract Map 27317 is approved subject to the approval of Annexation 65 by LAFCO and ZC 92-6. 3 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall Comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 4 . The August 1993 version of Tentative Tract Map 27317 and the associated environmental document Mitigated Negative Declaration 93-7 shall be revised to incorporate any corrections and revisions and any typographical errors subsequent to their approval. A final version of the map and Neg. Dec. Shall be submitted for review and approval by the community Development Director or his designee within 30-days of approval by the City PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Council. No permit shall be issued until final administrative approval of the Tentative Map and Neg. Dec. by the Community Development Director or his designee. 5. Developer shall comply with all mitigation measures established within the Mitigation Monitoring Program for Mitigated Negative Declaration 93-7. 6. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-H Zoning District. 7 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 8 . The developer shall establish a Homeowners Association (HOA) and record associated CC & R's to ., manage and impose fees to maintain all slope or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. Specifically, the HOA shall also have the responsibility of maintaining the slopes within the rear portion of the lots along the project's eastern boundary (lots 11 through 28) . The HOA shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Manager or designee who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title tot he Homeowners Association. CC & R's shall be approved prior to final map approval. 9 . CC & R's shall also include verbiage prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base satellite dish and no roof-mounted or front yard disk shall be allowed. 10. An open space plan shall delineate areas to be within homeowners' association easements and other maintenance responsibilities and shall be approved by the Community Development Manager and the Community Services Director. 11. All open space and slopes outside the public right- of-way shall be owned and maintained by either the master home owners' association or private owners. The slopes within the rear portion of lots 11 through 28 shall be maintained by the homeowners association. All open space areas owned by the homeowners' association shall be offered for irrevocable dedication to the City. Maintenance responsibilities shall be further defined per the provisions of Condition #8 above. i PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 12. Slopes on individual lots that are in excess of three-feet (31) in height shall be landscaped and irrigation shall be installed by the developer. 13 . House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 14. A masonry or decorative block wall shall be constructed along the entire tract boundary. In situations where views are to be considered a combination of wrought iron and block may be used subject to the approval of the Community Development Manager or his designee. All other fencing shall be provided subject to Section 17. 14 . 130D within the Lake Elsinore Zoning Ordinance. A wall and/or fencing plan shall be developed which designated where the various fencing types are to be located, i. e. , decorative masonry, or a combination wrought iron and decorative masonry prior to Design Review approval. Lots 11 through 28 shall have fencing at the top of the slopes. This fencing shall be constructed of masonry, decorative block, wrought iron or a combination of 'these materials. Wrought iron shall be sued where views towards the mountains from the properties down slope and to the east will be obstructed. 15. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate recommendations City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 15. Any manufactured slopes higher than 30 feet shall be contour graded. Any slopes steeper than 2;1 must be accompanied by a geotechnical report approved by a registered engineer. 17 . The grade for local streets shall generally not exceed nine percent (9%) with the exception that grades up to a maximum of fifteen percent (15%) will be considered because of design constraints with the approval of the City Engineer. 18 . Drainage structures required on large slopes shall be designed to avoid an angular layout or rigid geometric patterns. 19 . Applicant shall dedicate and construct a multi- PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 purpose trail along Grand Avenue for the purpose of tying into the Riverside County Regional Equestrian Trail system subject to the approval of the Community Development Manager or his designee. The trail shall be built to current County standards. 20. The City's Noise ordinance must be met during all site preparation activity. 21. Street names within the subdivision shall be approved by the Planning Division. 22 . Comply with all conditions of the Riverside County Fire Department including: A) all access easements to open space for fire equipment must be approved prior to final map approval, and B) all required fire protection facilities that are to be provided must be submitted in writing to Riverside County Fire Department. 23 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 24 . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 25. Meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by he City and shall be installed in accordance with the City Standards. 26 . Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street Lighting District pursuant to Resolution 88-27. Annexation to the City's Landscaping and Lighting District is required prior to approval of the Final Tract Map. 27 . Prior to final map approval of TTM 27317, applicant shall have entered into a school impact mitigation agreement with the Lake Elsinore Unified School District. The City shall have considered the adequacy of the school facilities or available means of financing school facilities to meet the needs and demand of new development proposed in such tentative map to be approved by the City. 28. Meet all requirements of. Southern California Gas Company. 29 . Meet all requirements of General Telephone. 30. All trailers and/or mobile homes used during construction, mailboxes and signage shall be PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 subject to Planning Division review and approval prior to installation. 31. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 32. Pay all applicable City fees in force at the time (including park in lieu fees) , prior to the issuance of building permits. 33. Lots 44 through 57 shall be constructed with one- story structures and/or with architectural features that preserve the views of the houses on the adjacent lots to the west. 33a. The placement of lots 11 through 18 on the August 1993 version of TTM 27317 shall be adjusted so that none of the lots within the existing adjacent tract to the east will have more than two lots bordering them. 33b. A statement of acknowledgement disclosing that all properties adjacent to the north, northeast, and west have zoning designations which permit the keeping of livestock as an accessory use shall be presented and signed by all perspective home owners within this tract at the time of sale (prior to the close of escrow) . - Engineering Department Conditions 34 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 35. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . 36. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution No. 85-26) . 37. Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 38 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to approval of final map (Lake Elsinore Municipal Code 16 . 34) . 39 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Code, (Lake Elsinore Municipal Code 12.04 and 16.34) . 40. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 41. Enter into a subdivision agreement with the City for Public works improvements and post appropriate bonds. 42 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certification of Occupancy. 43 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/2" x ill' mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 44 . Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final .map approval. 45. Provide fire protection facilities as required by Riverside County Fire. 46. Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 47 . All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 48 . All improvement plans and tracts shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with the City's ARC/INFO GIS or developer shall pay $1, 000. 00 per sheet for City digitizing. 49 . Developer shall provide "No Parking" and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 50. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 51. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. f PAGE SIXTEEN CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 52 . If grading exceeds 50 cubic yards, grading plans shall be prepared by Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 53. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) with a storm water pollution prevention plan prior to issuance of grading permits. 54. Internal streets shall be improved within the dedicated right-of -way in accordance with County Standard No. 104, Section A. (401/600 ) . 55. A. Grand Avenue shall be improved with concrete curb and gutter located 38 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Road Commissioner and the City within a 50 feet half width dedicated right-of-way (381/501 ) . B. Grand Avenue (off-site) between Machado Street and the southwesterly project boundary shall be reconstructed and widened to a minimum of 32 feet A.C. paving at a grade and alignment as approved by the Road Commissioner. 56. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner and the City. 57. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. 58 . A striping plan is required for Grand Avenue. The removal of the existing striping and restriping shall be the responsibility of the applicant. 59 . The developer shall deposit with the Engineering Department, a cash sum of $15.0. 00 per lot as mitigation for traffic signal impacts. 60 . Lot access shall be restricted on Grand Avenue and so noted on the final map. 61. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e. concentration of diversion of flow. Protection shall be provided by construction of adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on he final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed" . PAGE SEVENTEEN- CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 62 . The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department and the City Engineer. -_ 63. This tract is located within the limits of the West Elsinore Area Drainage Plan for which drainage fees have been adopted by the County. 64. Prior to initiation of the final construction drawings for those facilities required to be build as part of the West Elsinore Area Drainage Plan. The developer should contact the Riverside County Flood Control and Water Conservation Districts to ascertain the terms and conditions of design, construction, inspection, transfer of rights-of- way, project credit in lieu of fees and reimbursement schedules which may apply. Title reports and title insurance must be provided for all right-of-way to be transferred to the District. The developer should note that if the estimated cost for required drainage fees and the developer wishes to receive credit for reimbursement in excess of his fees, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discretion of the District. 65. Line "A-1" of the West Elsinore Area Drainage Plan should be constructed from Grand Avenue to its junction with the proposed Line "A" of the West Elsinore Area Drainage Plan. Adequate inlet and outlet structures should be provided. 66 . The Marina Channel shall be extended from Machado Avenue downstream approximately 2000 feet to the existing concrete lined channel maintained by the Riverside county Flood Control District, prior to construction of any unit of Tract 27317. Since this reach of required improvements is one of the projects which will eventually be funded by the Zone 3 , Benefit Assessment Flood Control Bond Issue, the developer should plan to execute an agreement with the District to front its construction costs that are in excess of his Area Drainage Fee obligations, with payback via proceeds from the bond issue program over a 3-year period; the payback to be anticipated in equal annual non- interest bearing amounts initiated 5 years after the tract is approved. 67 . on site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. 68 . Off-site drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owner(s) . The document(s) should be recorded and a copy submitted to the District prior to recordation of the final map. PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 69. All lots should be graded to drain to the adjacent street or an adequate outlet. 70. The 10-year storm flow should be contained within the curb and the 100-year storm flow should be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities should be installed. 71. Drainage facilities outletting sump conditions should be designed to convey the tributary 100-year storm flows. Additional emergency escape should also be provided. 72 . A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District and the City for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. A registered engineer must sign, seal and note his expiration date on plans and calculations submitted. 73 . The developer, the City and the Riverside county Flood Control District shall enter into an agreement establishing the responsibility for design, construction, . inspection, transfer of right-of-way and maintenance for storm drain facilities prior to final map approval. . All drainage facilities must be constructed and be operational prior to the issuance. of the first certificate of occupancy. 74 . If building permits are not issued within 90 days of approval of this tentative map, the site shall be subject to dust control methods as approved by the City Engineer. 75. Construction traffic shall be limited to Grand Avenue and prohibited from using Golondrina and Eureka Streets. Prior to the commencement of construction, the developer shall meet with the Lake Elsinore Unified School District and City staff (Planning and Engineering_ to determine if school pedestrians destined to and from Withrow School will be impacted. If it is determined that the school children will be impacted, appropriate mitigation shall be developed which may include the provision of a crossing guard at the expense of the developer. 76 . All existing streets which undergo any trenching or underground work associated with this project shall be repaved curb to curb, at the completion of the work subject to the approval of the City Engineer or his designee. 22 . Determination of Vicious Do - 224 Broadway. (F: 18. 1) City Manager Molendyk explained Food and Agriculture Code PAGE NINETEEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Section 31602 which provides that the determination that a dog is vicious and subject to impoundment. He further explained that it allows for a petition to the Municipal Court or to the City with jurisdiction, subject to appeal to the Municipal Court. He also explained that a dog, owned by Mr. Luttrull, has had a record of biting three people. He noted that it is the recommendation of L.E.A.F. , that Mr. Luttrull build a kennel for the dog before it is returned. To date, Mr. Luttrull has not met the conditions of L.E.A.F. and the Council enforces the ordinance and if the dog is not kenneled in the next two weeks, then L.E.A.F. would recommend that the dog be destroyed. City Attorney Harper explained that first the Council must make the determination, based upon the evidence, that the dog is vicious. After that determination is made then under the statute Council determines what types of conditions will be put on maintaining the dog. Jean Vashall, Animal Control Officer for L.E.A.F. , stated that she has worked on this case and explained that Bruno is a male Shar Pei Mix that is constantly at large in the neighborhood. She commented that upon inspection of the property he cannot be confined by the fencing provided and has bitten three children in the last four months. She indicated that in her opinion the dog will bite again, if given the opportunity. She explained the three dog bite incidents and what action L. E.A.F. had taken. She recommended that the dog be confined in a 10 X 10 foot kennel with a solid roof and concrete floor to prevent escape; that Bruno be allowed inside the home while under the direct supervision of a responsible adult with the screen door locked at all times, and shall be made of a material capable of preventing Bruno from jumping against it and escaping; that Bruno be placed in the kennel when visitors are present; and if Bruno is taken off the property, he should be on a leash no longer than 61 , with a responsible adult capable of controlling the dog. Cecil Luttrull, 224 Broadway, the dog owner, explained that he felt that the dog had cause for biting in one case, since the dog had been teased by the boy and the boy did jump the fence. He further explained that the dog is a blond Shar Pei, is not part pit bull and is a loving dog, but in the evening several dogs do get loose and his is not the only one in the neighborhood. He detailed the circumstances of the other two dog bites. He stated that when his animal was retained at the animal shelter he experienced a large loss in weight and developed a kennel cough, as well as contracting fleas and ticks. He further stated that since this quarantine he has again contracted kennel cough and questioned who would pay the vet bill. Councilwoman Cherveny stated that Mr. Luttrull has not stated what he will do to contain the dog, nor assured Council that the dog will not bite again. Cecil Luttrull stated that he will build a kennel and if there are children in the immediate area he will be confined in the house or in the kennel. Councilman Winkler stated that Mr. Luttrull stated that he PAGE TWENTY - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 would do what he has to do and he stated that he would take that to mean that Mr. Luttrull would comply with all the conditions of L.E.A.F. He asked Mr. Luttrull if he was willing to do that. Mr. Luttrull stated that he would and stated that his dog is a good dog. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO FIND THE DOG BRUNO, OWNED BY CECIL LUTTRULL, 224 BROADWAY, LAKE ELSINORE, TO BE A VICIOUS DOG. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ALLOW CECIL LUTTRULL TO TAKE CUSTODY OF BRUNO IF HE IS IN COMPLIANCE WITH THE CONDITIONS OF THE LAKE ELSINORE ANIMAL CONTROL WITHIN THE NEXT TWO WEEKS WITH THE DOG TO BE RETAINED IN THE ANIMAL SHELTER UNTIL THE CONDITIONS ARE MET. Mayor Washburn asked the City Attorney if the dog is released to the owner and escapes or is not in compliance with the conditions, will the dog be automatically euthanized. Councilwoman Cherveny stated that this has already been heard, and the dog has been determined vicious and if the dog should bite again he will be automatically euthanized. Mr. Luttrull stated that on only one occasion the dog attacked and he felt that the dog had been provoked. He stated that it was not fair to deem the dog vicious. Councilman Winkler asked what the procedure would be if the owner complies with the conditions and the dog escapes and bites again. City Attorney Harper stated that it is a Council determination, but the three choices are as follows: 1. That if the dog escapes, he will just be returned to his kennel. 2. That if he is at large then he will be taken into custody and be subject to euthanasia .with no ,recourse to Council. 3 . Recourse to Council for final determination. Councilwoman Cherveny asked that the motion be amended to include the conditions and that action be taken should the dog be found at large again. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO AMEND THE ORIGINAL MOTION TO INCLUDE THE FOLLOWING CONDITIONS WITH NO RETURN TO COUNCIL AND SHOULD THE ANIMAL BE FOUND AT LARGE, THEN IT IS DETERMINED THAT L.E.A.F. HUMANELY DESTROY BRUNO; 1. That Bruno be kept in a 10 X 10 kennel. Said kennel should be set in concrete to prevent digging and have a solid roof attached to prevent escape from climbing. Shelter shall be provided for the animals comfort from the weather. 2 . That Bruno be allowed inside the home while under the direct supervision of a responsible adult. The screen door shall be locked at all times and shall be made of a PAGE TWENTY-ONE - CITY COUNCIL MINUTES - SEPTEMBER 28� 1993 material capable of preventing Bruno from jumping against it and escaping. 3. That Bruno be placed in the kennel when visitors are present. 4. If Bruno is taken off the property, he should be on a leash no longer than six feet (6' ) and with a responsible adult capable of controlling said dog. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. Mayor Washburn explained that the action taken by Council is not trying to be the judge and jury, but with the evidence presented by L. E.A.F. it indicated that Council must take action for the protection of the owner as well as the public. Councilman Winkler stated that this item should not be brought back to the table, but that any information in opposition or in favor of Council action should be taken to L.E.A.F. APPEAL 23 . Appeal of Planning Commission Condition of Approval No. 24 for R 89-17 Amendment No. 2 Lewis Homes of California - the subject site is located at the southeast corner of the intersection of Robb Road and Mountain Street. (F: 21. 1.) City Manager Molendyk explained that Lewis Homes is the first to appeal the recently adopted ordinance prohibiting the use of wood fencing. City Planner Leslie presented photographs of existing wood fencing in the community. Mayor Washburn requested clarification of the Planning Commission's action on this item. Mr. Leslie indicated that the Planning Commission had upheld the recent City Council ordinance. Mayor Washburn questioned the application of that ordinance to this situation, noting that he could understand concerns when major thoroughfares or entrances are addressed. Councilman Winkler reminded Council that the recent ordinance removed the ability of the Planning Commission to allow wood fencing. City Manager Molendyk clarified that his understanding would be that required block wall fencing for anything which is visible from the streets. He noted that this project involves elevated rear yard fences which might be visible. Councilwoman Cherveny indicated that she could understand requiring block walls for the perimeter, but not inside the tract. City Manager Molendyk noted that the Century Homes project has a block wall perimeter fence, however, because of the elevations, a number of the interior wood fences are visible from the road. City Planner Leslie stressed that this project is a phased development with elevated slopes. Councilman Winkler commented on the Centex Homes and the combination of fencing styles utilized effectively. He noted that a much better job had been done at that location and they are aesthetically pleasing. He suggested that it was incumbent on the applicant to determine what would be visible and how to address the views. City Planner Leslie indicated PAGE TWENTY-TWO - CITY COUNCIL MINUTES- SEPTEMBER 28f 1993 that this could be reviewed, but much more work would be necessary to address visibility. Councilman Winkler stressed that the view from Railroad Canyon Road to Century Homes is not acceptable. He requested clarification of the request from Lewis Homes. Mr. Leslie indicated that their request was for wood interior fences. Mimi Ryal, representing Lewis Homes, advised that they are excited about proceeding with the project. She further advised that their intent is to place slump block walls on the perimeter and lot lines on the public right of way, as well as the front returns between houses. She explained that they would like to place wood fences on the rear and side property lines, which are sturdier that the standard wood fence. She detailed the building standards for the proposed fences. She indicated that they would be willing to provide the entire perimeter wall as part of the first phase. Councilman Winkler inquired what type of wall would be along Robb Road. Ms. Ryal indicated that it would be slump block. Mr. Winkler questioned the front yard walls. Ms. Ryal indicated that the front fences between homes would also be slump block. Councilman Winkler suggested that this matter return in two weeks with elevations and detail regarding placement and type of walls, as well as elevations if possible. He indicated he would go look at the pad configuration in place. MOVED BY WINKLER, SECONDED BY WASHBURN TO CONTINUE THIS MATTER FOR TWO WEEKS TO ALLOW MORE INFORMATION AND REVIEW. City Planner Leslie commented on. the proposal as he understood it and noted that he was pleased with the concept of slump block for the front yard returns. He noted that typically these are done in wood. He indicated that he could review and suggest a compromise where not visible. Councilman Winkler commented that he doesn't have a problem where the wood fences are not visible. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. BUSINESS ITEMS 31. Extension of Time for Tentative Parcel Map No. 25717 - the site is--apiproximately 15. 29 acres and is located on the northeast corner of Silver and Flint Streets. (F: 160. 2) City Manager Molendyk highlighted the staff report and clarified that the recommendation is for a 24 month extension. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO GRANT A 24 MONTH EXTENSION OF TIME BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS PRESENTED. Councilman Winkler inquired of City Attorney Harper regarding a new law in which all extensions would be for 24 months automatically. Mr. Harper indicated that this law would not go into effect until January 1, 1994 . THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PAGE TWENTY-THREE - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Findings 1. Substantial progress toward the development of this Parcel Map has taken place. 2. The Project as proposed and conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. Planning Division Conditions 1. Tentative Parcel Map 25717 shall expire two (2) years from the date of approval unless extended pursuant to State and local law or recordation of Final Map. 2 . The applicant shall comply with all mitigation measures as stated in Negative Declaration 89-57 . 3 . Meet all Riverside county Flood Control District requirements. 4 . All lots shall hook up to sewer. 5. Prior to Final Map the applicant shall sign and complete the "Acknowledgment of Conditions" form and shall return the executed original to the Community Development Department for inclusion in the case records. 6. DELETED. Engineering Department Conditions 7. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 8 . Provide in-lieu payment for future off-site improvements on Flint Street from Lewis to Lowell or apply for and complete the street abandonment process on Flint Street. 9 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52. 030) . Document can be obtained from the Engineering Department. 10. "A" Street and Silver Street shall have a sixty (60) foot right-of-way with forth (40) foot curb- to-curb. 11. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 1634 , Resolution 85-26) . 12 . Submit a "will-serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 letter prior to applying for a building permit. 13 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16.34) . 14 . Street improvement plans and specifications shall be prepared by a City Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 15. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08, Resolution 83-78) . All requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 16. Provide Soils, Geology and Seismic Reports including street design recommendation prior to recordation of Final Map. Provide final Soils Report showing compliance with preliminary and finish grade certification. 17 . Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 18. Provide fire protection facilities as required in writing by Riverside County Fire Department. 19 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 20. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 21. All natural drainage traversing site shall be conveyed through site, or provided for by a method approved by the City Engineer. 22 . Applicant shall provide all necessary off-site easements for off--site grading from the adjacent property owners prior to Final Map approval. 23 . Submit Hydrology and hydraulic Reports for review and approval by City Engineer prior to approval of Final Map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 24 . Contribute $!53 . 00 towards the City's Master PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 Entryway Sign Program. 25. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 26. Silver Street shall be improved to provide for half street improvements plus an additional twelve (12) feet of pavement west of centerline. 27. Developer shall contribute $3, 900 towards the design and construction of a traffic signal at the intersection of Central and Collier. This development will increase traffic at the intersection at least three percent (3%) and should contribute three percent towards construction. 28 . The developer shall pay for "No Parking" and Street Sweeping signs. 29 . Applicant shall provide written approval from Riverside County Fire Department approving street circulation for site. 30. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 31. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000. 00 per sheet for future final tract digitizing. 32 . Southerly tract boundary shall be extended to centerline of Flint Street and abandoned on map. Southern half of Flint Street from Lewis to Lowell shall be processed for abandonment by the applicant and southern half of street shall be vacated concurrently with Final Map approval. 33 . Applicant shall cooperate with property owner of Lot 19 and 20 for the development of Flint Street between Lewis and Silver Streets. 34 . Applicant shall provide cash deposit for possible road repair caused by hauling export from site prior to grading permit. 35. Developer shall grade and provide two (2) paved travel lanes (25 feet) on Flint from Silver to existing improvements, Improvements shall match existing grade on Flint subject to the approval of the City Engineer. 36. Conditions, Covenants and Restrictions shall be established for the overall development which defines the responsibilities of the landscape PAGE TWENTY--SIX - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 maintenance for the entire development. Said CC & R's shall establish landscape easements to ensure access to all landscaped areas on each lot. 37. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction. 38. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. 39. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutants Discharge System Permit prior to issuance of grading permit. 32 . Resolution No. 93-57 - Confirming Participation in the "Teeter Plan" (F: 140. 1) City Manager Molendyk highlighted the Teeter Plan which is subject to the provisions of Assembly Bill 742 . He noted that it would allow collection of delinquent taxes for the City, by the County. He clarified that all taxes except abatements would fall under this plan. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 93-57. RESOLUTION NO. 93-57 A RESOLUTION OF THE CITY OF LAKE ELSINORE MADE PURSUANT TO SECTION 4715 OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AGREEING TO PARTICIPATE IN THE ALTERNATIVE METHOD FOR DISTRIBUTION OF TAX LEVIES AND COLLECTIONS AND OF TAX SALE PROCEEDS ADOPTED BY THE COUNTY OF RIVERSIDE. 33 . Resolution No. 93-58 - Supporting Proposition No. 172 on - November 2 , 1993 , Ballot. (F:96. 1) Mayor Washburn indicated that he had placed this item on the agenda to support Proposition No. 172 , and continue the 1/2 cent sales tax. He noted that it would gain approximately an extra $108 , 000 for public safety programs. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 93-58. RESOLUTION 92-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING STATE PROPOSITION 172 AS PROPOSED FOR THE NOVEMBER 2 , 1993 BALLOT. 34 . Designation of Voting Delegate &Alternate - League of California Cities Annual Conference. (F: 108 . 8) Mayor Washburn offered to serve as the Voting Delegate and suggested that Mayor Pro Tem Dominguez serve as the alternate. PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT MAYOR WASHBURN THE VOTING DELEGATE AND MAYOR PRO TEM DOMINGUEZ THE ALTERNATE; AND FURTHER DIRECTED THE CITY CLERK TO TRANSMIT THIS INFORMATION TO THE LEAGUE OF CALIFORNIA CITIES. 35. Citation Processing and Collection Agency Agreement - The Phoenix Group. (F: 68. 1) City Attorney Harper explained this item and the new requirement that cities handle all non moving violation citations. He noted that the Phoenix Group is one of 3 or 4 agencies in the State who provide this type of service, with the cost being $1. 25 per ticket. He also noted that in the City of Lake Elsinore this processing will include Lake violations. Mayor Pro Tem Dominguez questioned the formula for charges on parking tickets. City Attorney Harper indicated that the bail schedule was being developed. Public Services Director Tecca advised that the bail schedule would be presented at the next Council meeting for consideration. Mayor Pro Tem Dominguez inquired whether the $1. 25 fee could be added to the penalties charged. Mr. Tecca indicated that they will be included in the penalties. City Attorney Harper clarified that under the new law the City will receive all of the penalties assessed and pay the $1. 25 out of them. Mr. Tecca noted that the Phoenix Group also has the capability of interfacing with the Department of Motor Vehicles to place liens, with the charge by the D.M.V. being $3 . 00 for this service. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT WITH THE PHOENIX GROUP. 36. Ordinance No. 965 - Confirming Action to Consolidate Future Municipal Elections. (F:72 . 1) MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 965: City Treasurer Pape commented on this item noting that this was originally proposed for the cost savings, in that it would cut the cost in half to approximately $13 , 000. He explained that following the initial discussions he became aware of the proposal by the County Registrar of Voters to shift all local elections. He stressed the understanding that if cities do not agree to the shift, they will be responsible for holding independent elections. He further stressed the cost and hours involved in that process. He also commented on the discussions regarding focus on local issues and noted the latest proposal to change the Presidential Primary date in 1996. He explained that this proposal will shift the Presidential Primary to the last Tuesday in March, 1996; and if the Council had not chosen to make this change the City election would have been only two weeks later and have the potential of poor voter turn out and confused issues. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 011�1 ORDINANCE NO. 96. AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING DATES FOR GENERAL MUNICIPAL ELECTION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE 37 . Second Reading - Ordinance No. 964 -„ Laguna Heights Specific Plan 92-3 - The Western Company. (F: 150. 2) MOVED BY WASHBURN, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 964 : ORDINANCE NO. 964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 (THE WESTERN COMPANY) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: WINKLER 38. Request_fromCit_izen'_Crime Watch. (F: 127 . 1) Councilman Winkler noted a number of Crime Watch Committee members present in the audience and explained that the Committee would like to begin a patrol similar to that used in Sun City. He further explained that it would be done by volunteers to gather evidence and assist the Sheriff's Department. He noted that such programs have worked well in Sun City and Grand Terrace. City Attorney Harper commented on the program in Grand Terrace and advised that they are provided marked cars, a comprehensive training program and officer supervision. He noted that it has been very successful, possibly being the reason that Grand Terrace has the lowest crime rate in San Bernardino County. ~ Councilman Winkler advised that in Sun City, there is a non- profit corporation which buys cars; the program is administered by the County Sheriff's Department with volunteer patrols; and insurance is the responsibility of the County. Mr. Winkler suggested that the Committee be given the use of two City cars and cooperation of the Sheriff's Department with Mr. Jim Sands and Mr. Richard Brown. He suggested that the mechanics of the program be brought back for Council review. PAGE TWENTY-NINE .. CITY COUNCIL MINUTES - SEPTEMBER 28# 1993 Councilwoman Cherveny indicated she would like to see a formal proposal, but the program sounded like a great idea. Councilman Winkler indicated that he is aware that there are cars available, however questions still exist on insurance and waivers which would be required. He further suggested that the mechanics be worked out and brought back to Council. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO DIRECT STAFF TO INVESTIGATE THE MECHANICS OF THE PROGRAM, ALONG WITH INPUT FROM THE SHERIFF'S DEPARTMENT REGARDING TRAINING AND RETURN TO COUNCIL WITH FINDINGS. City Manager Molendyk pointed out that the criteria must be approved by the Joint Powers Insurance Authority. The criteria should include training, type of cars, etc. He indicated he would follow up with Captain Daniel and Administrative Services Director Boone. City Attorney Harper indicated that in Grand Terrace the program was basically done through the Sheriff's Department. Councilman Winkler inquired whether the City of Grand Terrace was part of the same J.P.I.A. as the City of Lake Elsinore. Mr. Harper was not certain. Mayor Washburn clarified that the motion was to look at the program and proceed in compliance with the requirements of the J. P. I.A. Councilwoman Cherveny noted that she had obtained information at the last Annual League of California Cities conference regarding a program in Dana Point using Senior Citizens for report writing and requested that the item be considered as well. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Peter Dawson, 18010 Grand Avenue, representing Southshore Homeowners Association, indicated that the water front property owners are currently using the lake for recreation and requested that a use agreement be finalized with the property owners. CITY MANAGER COMM ENT0 City Manager Molendyk advised that there was need for a Closed Session concerning potential litigation. City Attorney Harper indicated that they would also need to discuss the litigation between Williams and the City. CITY COUNCIL COMMENTS Mayor Pro Tem Dominguez commented on the following: 1) R.T.A. Free Ride Day on October 7 , 1993 , and encouraged the public to take the bus. 2) Traffic concern in area behind City Hall; cars are t PAGE THIRTY - CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 parking on both sides of narrow streets. Requested that staff work with him to review the problem and review possible solutions. Councilwoman Cherveny commented on the following: 1) Encouraged the public to attend the Oktoberfest at the Rodeo Grounds being held Thursday through Saturday with Om-Pa-Pa Bands and German Food. Councilman Winkler commented on the following: 1) McVicker Park, stressed the need to contact Ken Edwards and keep the project on track. Community Services Director Sapp indicated that he has been in contact with the Flood Control District and the necessary approvals should be done this week. He further indicated that Centex is ready to proceed with the improvements as soon as approved. Mayor Washburn commented on the following: 1) Friends of the Library fund raiser, Hoe Down to be held on Saturday, October 2 , 1993 at the Community Center. 2) 'Warning" letter from Robert Vermillion. He noted false points in the letter and clarified facts. He suggested that the letter was intended to create hysteria and is not correct on any point. He noted that the Outflow Channel project is expected to begin on October 1. 3) Reminded the Community of the Oktoberfest and encouraged attendance. City Manager Molendyk advised that he had spoken with representatives of Riverside County Flood Control and the pre- construction meeting for the Outflow Channel project would be held on October 1, 1993 and work should be underway the following week. He noted that efforts are being made to hold a groundbreaking ceremony. THE CITY COUNCIL MEETING WAS RECESSED AT 10: 10 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10: 12 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10: 12 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION AND WILLIAMS VS. CITY OF LAKE ELSINORE. THE CITY COUNCIL MEETING RECONVENED AT 10: 37 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY D INGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN HE REGULAR CITY COUNCIL MEETING AT 10: 38 P.M. Y WASHBURN, MAYOR 'TE=, s : CI OF LAKE ELSINORE CKI T.AS D, -CITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA Thursday, September 30, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 2: 31 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI, CHERVENY Also present were: City Manager Molendyk, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh and City Clerk Kasad. BUSINESS ITEM 1. Resolution No. 93-60 - Stadium Financing. (F: 134. 10) MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION .NO. 93-60: RESOLUTION NO. 93-60 DETERMINING TO IMPLEMENT A PLAN OF REFINANCING THE MULTI- PURPOSE STADIUM PURSUANT TO AN ACQUISITION AND LEASE-BACK ARRANGEMENT WITH THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. CLOSED SESSION None. ADJOURNMENT MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 2 : 32 P.M. C. 2 i `v GARY WASHBURN, MAYOR CITY F LAKE ELSINORE A TEST: CKI KASAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA Friday, October 8, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 9:05 a.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dan Young, Young Investment Group. ROLL CALL PRESENT: COUNCIIME4BERS: DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI, CHERVENY Also present were: City Manager Molendyk, Administrative Services Director Boone, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh and City Clerk Kasad. BUSINESS ITEM 1. Deed Modification for Elsinore Landfill Site. (F: 163.1) Public Services Director Tecca explained that this item is due to a new law requiring deed restrictions for maintenance of landfill sites. He further explained that the City owns the landfill site, however, the County is tied in to maintaining it for a period of 30 years under the closure plan. He noted that the letter requesting this information was received on October 6th and action was required by October 9th. Mayor Washburn inquired whether the limitations proposed were the same as those previously negotiated and compatible with the closure plan. City Manager Molendyk commented that although there had been expectations previously of being able to use the site as a park, that would not be possible. Councilman Winkler inquired whether the City Attorney had reviewed the document proposed. Mr. Tecca indicated that the City Attorney had reviewed and approved the document. Mayor Pro Tem Dominguez questioned the 30 year plan and its limitations. Mr. Molendyk explained that because of the gases, the uses for the property are limited by the Environmental _ Protection Agency, and noted that it might be acceptable for parking. etc. Mayor Washburn requested clarification of the language which would be added to the deed. Mr. Tecca clarified. PAGE TWO — CITY COUNCIL MINUTES — OCTOBER So 1993 City Manager Molendyk and Public Services Director Tecca stressed the limited timing allowed by the notification. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE DEED MODIFICATION AS PRESENTED. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 9: 09 A.M. 1� k117 GARY . WASHBURN, MAYOR CIT 6F LAKE ELSINORE ATTEST: VICKI KASA C,CITY CLERK CITY 02 LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 12, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by King Videocable Cameraman Leo Arnao. ROLL CALL PRESENT: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONSLC_EREMONI_ALS A. Proclamation - Red Ribbon Week Festival Committee & Kiwanis Club. (F: 122 .1) Mayor Washburn read the proclamation and presented it to members of the Red Ribbon Week Committee and the Kiwanis Club. Judy Weston, representing the Red Ribbon Week Committee, accepted the proclamation and invited the public to attend the festival scheduled for Saturday, October 16, 1993 , at City Park. She also announced a magic show to be held on October 22, 1993 to benefit the Red Ribbon Week Campaign. Dennis Price, representing the Kiwanis Club, detailed the activities of the Kiwanis Club which relate to Red Ribbon Week and thanked the Council for this recognition. B. Lake Update. (F:92. 1) Manager of Special Projects Watenpaugh commented on his discussions with Brach & Allard of this date, and noted that they will be treating the Lake again on October 13th. He also commented that to date they have been successful in keeping the oxygen levels and p.h. levels conducive for the fish. He noted that a third party will be assisting in evaluation of the results of treatment to date. C. Stadium Update. (F: 134 . 10) City Manager Molendyk advised that while there is no new information on the Stadium, the project is on schedule. He PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 12, 1993 noted the additional contracts awarded on October 8, 1993, and advised that a few more special meetings will be needed to remain on schedule. D. Presentation Sheriff's Department. (F: 127 . 2) Mayor Washburn called upon Captain Daniel to address a recent newspaper article in regard to the Uniform Crime Report from the Federal Bureau of Investigation. Captain Daniel explained that the Uniform Crime Report defines "part one" crimes as homicides, rapes, robberies, aggravated assault, burglary, grand theft and auto theft. He further explained that the statistics the Sheriff's Department compiles for an annual report includes all the crimes listed above and are reported to the Bureau of Criminal Statistics, Department of Justice for the State of California who then publishes the findings in the California Crime Index, which contains all crimes reported with the exception of arson and larceny theft. He explained that the Federal Bureau of Investigation includes all crimes including petty larceny and theft, which could include shoplifting of small items (such as candy and bubble gum) to larger crimes. He further explained that the reason for reporting all thefts is the variance in laws from state to state; noting that in the state of California shoplifting is a misdemeanor, but in other states it is a felony. This creates a form of standardization although it sends a wrong signal to anyone who does not understand this type of report. Captain Daniel explained that the information in the Uniform Crime Report is accurate, but there needs to be a study of what the numbers mean. He stated that it was reported that if a person living in Lake Elsinore would be more likely to be a victim of a serious crime than a person living in the City of Los Angeles. Captain Daniel stated that this is not a fair statement nor a proper comparison due to inaccurate population count and how the information was analyzed. The publication was not intended to rank cities, but rather to give an overview of the trends and how the criminal element is changing within specified areas. Captain Daniel read a portion of the instructions for compiling information for this report, as follows: Each year when Crime in the United States is published, many entities, news media, tourism agencies and others with an interest in crime in our nation, compiles rankings of cities and counties based on their crime index figures. These simplistic and/or incomplete analyses often create misleading perceptions which adversely affect cities and counties along with the residents. Valid assessments are only possible with careful study and analysis of the various conditions affecting each local law enforcement jurisdiction. Population size is the only correlate of crime utilized in this publication. The reader is therefore cautioned against comparing statistical data of individual reporting units from cities, counties, metropolitan areas, states, colleges or universities solely on the basis of their population or student enrollment. Captain Daniel stated that the crime statistics must be PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 120 1993 carefully reviewed to see what they really mean and that there are cities which Lake Elsinore is being compared to that don't have recreational activities, such as the Lake. He explained that Lake Elsinore has a large number of people filling the campgrounds and creating an additional variable, meaning if the officer responds to a crime of assault in the State Park the individuals are generally from out of town, but the crime stats stay in the City and this does not reflect what is local and what is not and impacts the final report. He expressed concern with the comment that a person would be four times more likely to be a victim of a violent crime in the City of Lake Elsinore. Captain Daniel explained that in fact no person moving to Lake Elsinore should be in fear of this. He cited the four homicides which occurred in the City in the last year and explained that two were directly gang related and not affecting the general population; one infant which was beaten to death; and the forth was a homicide created from a dispute between two neighbors who had a long standing argument and it escalated to violence. He stressed that these crimes did not affect or involve the general public. He noted the rapes which occurred in the City and stated that they were not situations of people being pulled off the street; they were incidents which could be classified as drug oriented and date rapes and there were no abductions. Captain Daniel explained the assault reports and stated that of the 258 aggravated assaults, 38% were within family units amounting to approximately 100 reports and of the other 158 the majority were drug orientated. The average person in the community is not subjected to these types of assaults. Captain Daniel stated that he felt that there was no cause for concern by the average citizen of the City; but noted there are problem areas. He explained that if Council uses the actual base population and backs out the part two crimes (petty thefts and malicious mischief) that are included in the report, the accurate number places the City at 90. 1 crimes per thousand rather than 151. 1 crimes and this ranks the City below six or seven other cities. He stressed that the Uniform Crime Report does not present an accurate picture of the City and the instructions clearly state that all data must be accurately analyzed which it was not. E. Presentation - King Videocable. (F:170.7) Tom Thomas, General Manager, presented to media spots which will begin on October 13th recognizing Lake Elsinore and King Videocable, featuring commentators Tom Snyder & John McLaughlin. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - September 28 , 1993 . (F: 44 . 4) b. Special City Council Meeting - September 30, 1993 . (F: 44 . 4) PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 12, 1993 The following Minutes were received and ordered filed: c. Planning Commission Meeting - September 1, 1993 . (F: 60 .3) d. Planning Commission Meeting - September 15, 1993 . (F: 60.3) 2 . Received and ordered filed the Building Activity Report for September, 1993. (F: 32 . 2) 3 . Received and ordered filed the Code Enforcement Activity Report for September, 1993 . (F: 54 . 1) 4 . Ratified Warrant List for September 30, 1993 . (F12.3) 5. Approved Change Order No. 2 for the Country Club Heights Trunk Sewer By-Pass, Phase II Sewer Improvements, Community Facilities District 88-3. (F: 22 . 3) 6 . Approved Public Hearing Date of October 26, 1993, for the following: a. Tentative Parcel Map 27821, Variance 93-2 , Variance 93-4, Conditional Use Permit 93--4 and Commercial Project 93-4 - DePasquale Family Trust (Camelot Property Counselors, Inc. ) (F: 110.2) (X:58.2) APPEAL 21. Appeal_of Planning Commission Condition of Approval No. 24 for R 89-17 Amendment No. 2 Lewis Homes of California - the subject site is located at the southeast corner of the intersection of Robb Road and Mountain Street. Continued from September 28, 1993 . (F: 21. 1) City Manager Molendyk recommended continuance of this item. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS MATTER TO THE NEXT CITY COUNCIL MEETING. Councilman Winkler requested that the Century Homes Fence be placed on the next City Council Agenda for consideration. BUSINESS ITEMS 31. Extension of Time No. 2 for Tentative Tract Map No. „25831 The Clurman Company. Inc. located within the Rams ate Specific Plan. (F: 160.2) City Manager Molendyk highlighted this request for a twelve month extension of time. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP 25831 WHICH SHALL EXPIRE ON AUGUST 14, 1994, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings 1. Substantial progress toward the development of this Tract Map has taken place. PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 12, 1993 2 . Conditions have been added by the engineering and Planning Departments to insure the development will not impact public health, safety and welfare. 3 . The project as proposed and conditioned is consistent with the Goals, Policies and Objectives of the General Plan. Planning Department Conditions 1. Extension of time for Tentative Tract Map No. 25831 will expire on August 14, 1993 unless an additional extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and Title 16 of the Lake Elsinore Municipal Code. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . This Tentative Tract Map shall be subject to the approval of a Specific Plan Amendment adding this tract to the Ramsgate Specific Plan; and establishing the Specific Plan Zoning. 4 . The applicant shall comply with the approved Ramsgate Specific Plan, as deemed by the Community Development Manager. 5. Administrative Design Review shall be required for all residential development prior to the issuance of a building permit. Design Review will be required of all non-residential development. 6. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Manager prior to recordation of Final Map. 7 . The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Ramsgate Specific Plan. 8 . Street names for all streets within the Tentative Map shall be approved by the Community Development Manager. Engineering Department Conditions 9. Prior to the issuance of any grading permit or building permit, the applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Planning Department for inclusion in the case file. PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 12, 1993 10. Fence location and walls indicated on a grading or landscape plan and consistent with the Ramsgate Specific Plan shall be approved by the Community Development Manager or designee prior to the release of a Certificate of Occupancy. 11. Grading and construction plans shall incorporate erosion control measures as required by the building official. 12 . Improvement plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 13. Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Ramsgate Specific Plan. 14. All public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 15. Pay all Capital Improvement and Plan Check fees (Lake Elsinore Municipal Code, Title 15, Chapter 15.34; Resolution No. 85-26) . 16. Submit a letter of verification (will-serve) to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project and all sewer and water easements shall be secured prior to final map approval. 17. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by the Registered Engineer. 18 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12. 08 and Resolution 83-78) . 19. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 20. All lot drainage shall be conveyed to a public facility or accepted by the adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 21. Prior to the recordation of the Final Map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Engineer and the Chief Building official as amended by the Ramsgate Specific Plan. 22. All utilities except electrical over 12kv shall be placed underground, as approved by the serving utility. PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 12, 1993 23 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 1111 mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 24 . The Developer shall pay for "No Parking" and street sweeping signs. 25. Public works improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department Standards and City Codes (L.E.M.C. 12. 04 and 16 . 34) . As amended by the Specific Plan. 26. All local streets as determined by community Development Manager shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. Restricted to local double loaded streets (cul-de- sacs and looped streets 1,000 feet or less) shall have fifty (50) of right-of-way and thirty-six (36) curb-to-curb with a three (3) foot utility easement on each side of the street. 27. Desirable grade for local streets is nine percent (9%) . A maximum grade of fifteen percent (15%) should only be used in design constraint consideration. 28 . Developer shall contribute to the City's Master Entry Way Sign Program at a rate of $100. per every forty dwellings. 29 . Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to approval of Final Map. 30. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 31. Provide Soils, Geology and Seismic reports including street design recommendations prior to recordation of Final Map. Provide final soils report showing compliance with preliminary and finish grade certification. 32. Developer shall provide an approved open space conservation easement for the tracts open space with a fuel modification zone for a fire break to be maintained by a homeowners' association. 33. The developer shall be generally eligible for reimbursement agreement from surrounding developments for the cost of off-site improvements required for this project. 34. The fifty (50) foot Southern California Edison (SCE) easement running through the tract shall be landscaped with the approval of the Community PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 12, 1993 Development Manager and SCE. SCE generally limits landscaping to that, which on the maturity, won't grow higher than fifteen (15) feet in height and no trees or shrubs within twenty (20) feet of the power pole or structure. 35. 01L" Street in Tract 25479 shall be evaluated and approved by the Community Development Manager to determine if it is appropriate for extension into this tract prior to the approval of the Final Tract Map. 36. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 37. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection. 38. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore School District have been paid. 39 . All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. 40. All building shall be constructed with the fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. 41. Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval. 42. All lots will be served with mail delivery units subject to the approval of the Lake Elsinore Post Master, Community Development Manager, and Public Works Director. 43 . The applicant shall agree to be a participant in the preparation of a specific plan on the property north of this tract. This obligation would be for the purpose of modifying the edges of this tract as may be required to properly develop the neighboring properties. If the Specific Plan is not initiated prior to the Certificate of Occupancy on the final unit, this obligation will be waived. 44 . Trellis Lane shall be improved between this tract and Highway 74 with a minimum of 2 paved lanes or as required of Tentative Tract Map 25479 should its recordation occur first, subject to the approval of the City Engineer. 45. Dedicated underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . 46. Hydrology and Hydraulic Study shall be submitted to the Engineering Department for review and approval PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 12, 1993 by City Engineer before final map approval. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 47. Prior to the Final Map recordation, a public works construction agreement shall be entered into by the developer(s) , owners(s) and the City. 48. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 49 . With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood control protection. 50. Downstream acceptance letters will be necessary from the downstream property owners for outletting the proposed storm run-off on private property. 51. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with eh City's ARC Information/GIS or developer to pay $1, 000 per sheet for City digitizing. 52 . If this tract develops before the Ramsgate tracts, this applicant will be responsible for providing two (2) paved access roads to their tract as approved by the City Engineer. 53 . Applicant shall contribute five percent (5%) towards the cost of design and construction of the traffic signals per the circulation recommendations by the traffic study by Kunzman Associates. 54 . A portion of the Tract 25831 lies within an area which is part of the Hydrology Study for the Ramsgate project. The applicant shall coordinate with said study and construct facilities required to safely collect and convey off-site tributary flows through the site by a method approved by the City Engineer. 55. Lot "A" as shown on approved Tentative Map shall be maintained by the HomeowNer's Association. 56 . Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 57. Developer shall be subject to all Master Planned drainage fees and will receive credit for all Master Planned drainage facilities construction . 58 . If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to Final Map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 12, 1993 59. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board prior to issuance of grading permit. 60. Developer shall ensure that all promotional materials for this project shall identify the location as Lake Elsinore. 32 . Establishment of Parking _ and Lake Citation Enforcement_ Schedules and Penalties - Resolution No. 93-61. (F:112 . 1) (X: 92 . 1) City Manager Molendyk explained this item. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 93-61. Mayor Pro Tem Dominguez questioned the ability to revise the fees. City Manager Molendyk indicated that the fees would be at the Council's discretion. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. RESOLUTION NO. 93-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING PARKING AND LAKE CITATION ENFORCEMENT SCHEDULES AND PENALTIES. 33 . Second Reading - Ordinance No. 963 - Kentucky Fried Chicken Zone Change 93-2 . (F: 172. 2) MOVED BY CHERVENY, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 963: ORDINANCE NO. 963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REZONING .57 ACRES LOCATED APPROXIMATELY 250 FEET NORTH OF THE INTERSECTION OF SUMMERHILL DRIVE AND RAILROAD CANYON DRIVE, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 93-2) KENTUCKY FRIED CHICKEN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE 34 . Second Reading - Ordinance No. 965 - Consolidation of Future Municipal Election. (F:72 . 1) MOVED BY WASHBURN! SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 965: ORDINANCE NO. 965 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 12, 1993 ESTABLISHING DATES FOR GENERAL MUNICIPAL ELECTIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE 35. Second Reading - -- Ordinance No. 966 - Western Desert Corporation Zone Change 92-6. (F: 172.2) MOVED BY WASHBURN, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 966: ORDINANCE NO. 966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 346 ACRES TO 116 ACRES OF R-A RESIDENTIAL HILL SIDE AND 230 ACRES OF R-A RESIDENTIAL AGRICULTURAL, LOCATED NORTH AND EAST OF GRAND AVENUE, WEST OF THE INTERSECTION OF MACHADO STREET (ZONE CHANGE 92-6) , WESTERN DESERT CORPORATION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Larry Cohen, 151 S. Torn Ranch Road, commented on the local crime statistics and expressed concern that those statistics may negatively impact the tourism draw for the community, and encouraged efforts for positive public relations. He commented on the 1/2 cent sales tax proposition and noted the potential that a utility tax should be considered, in spite of the negative implications. Peter Dawson, 18010 Grand Avenue, commented on the enthusiasm of County residents that discussions are occurring and an agreement is near. Ace Vallejos, 15231 Cobre Street, indicated that he was concerned with the Council's response to the crime report. He stressed the crime statistics and the need for increased staffing levels by the Sheriff's Department. He expressed concern with the expense of Walmart and the Stadium versus the cost of needed law enforcement. Leon Strigotte, 216 Chaney Street, commented on local crime statistics, focusing on unreported crimes of which he was aware, one being a shooting at an inhabited dwelling and the other being an attempt to solicit a woman for prostitution. He expressed concern with the safety of the Community for its residents. He stressed his ongoing concern with the need for a reserve police officer program. PAGE TWELVE - :CITY COUNCIL MINUTES OCTOBER -1,2,p 1%93 Jim Woodward, 28543 Red Gum Street, representing Paul Castano, a lake front property owner, expressed concern with recent Code Enforcement actions requiring removal of picnic benches, bar-be- ques, etc. from lake shore properties. He noted Mr. Castano's attempt to place concrete to support water lines on his property and the finding of nuisance by the City. He cited court cases and Civil codes relating to rights to use of personal property. Hugh Von Platten noted his previous appearances before Council and questioned any action which might have occurred on Chaney Street during the recent meetings. Mayor Washburn indicated that engineering has been working on a report and will hold a workshop on October 14, and schedule the matter for the next City Council meeting on October 26, 1993 . (Note - after further discussion the workshop on this matter was scheduled for October 21, 1993, at 5:00 p.m. Chris Hyland, 15191 Wavecrest, noted and read an editorial in the Monday, October 11, 1993, Press Enterprise concerning the Walmart litigation and implied conflict of interest. City Attorney Harper indicated that while he did not read the editorial, he felt the judge's decision had been mis-stated. He stressed that the judge found that there had been no conflict at any time, on the part of Mayor Washburn or Councilman Winkler. Denise Thompkins, 218 Chaney Street, stressed concerns of the residents on Chaney Street for traffic safety, zoning, etc. She inquired when further action by the Council would occur. Abi Secrero, 20790 Fitch, Meadowbrook, expressed concern that the City had shifted the boundaries of the Little League, making her son ineligible to play in the league with his former team mates. Councilman Winkler indicated that the Little League division had been split, but all of the children will be able to play in one league or the other. Mayor Washburn clarified that the City has no jurisdiction over the Little League. Councilman Winkler indicated that he has had discussions encouraging the Little League to form City and Non-City Leagues; and they have begun a shift of this type. Mayor Washburn encouraged further discussions by Mrs. Secrero with the Little League board. City Manager Molendyk commented on the comments of Mr. Woodward and noted the Council action to place a Lakeshore Overlay District in 1986. He noted that the main request is that the area remain clean. City Attorney Harper suggested limited discussion on this matter due to the pending Nuisance Abatement actions. Community Development Manager Shear explained the Lakeshore Overlay District Ordinance and the regulations it details. City Attorney Harper clarified that this type of action does not fall under the Civil Code Statutes. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECESSED AT 8 : 00 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8 : 35 P.M. PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 12, 1993 CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:36 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 8 : 50 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY W HBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY UNCIL MEETING AT 8 :51 P.M. � ' G Y M. ASHBURN, MAYOR CITY WE ELSINORE A'TEST: VICKI kl_SAD, CITY CLERK CITY OF LAKE ELSINORE i j MINUTES JOINT STUDY SESSION CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, OCTOBER 14, 1993 CALL TO ORDER The Joint Study Session was called to order by Mayor Washburn at 4 : 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy City Clerk Bryning. ROLL CALL PRESENT: COUNCILMEMBERS/BOARDMEMBERS : CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS/BOARDMEMBERS: ALONGI, WINKLER Also present were: City Manager Molendyk, Community Services Director Sapp, Community Services Manager Best, Public Services Manager O'Donnell, Manager of Special Projects Watenpaugh, City Planner Leslie, Community Development Manager Shear, Administrative Services Director Boone, and Deputy City Clerk Bryning. COUNCILMAN WINKLER ENTERED THE MEETING AT 4 :05 P.M. DISCUSSION ITEM 1 . International Outlet Center - Collier Road. City Manager Molendyk explained that his Office has been working with Mr. Chen of Western Development Company for the last several years and the project that is presented at this time is an International Outlet Center. He explained that it will consist of 18 acres in phase I, with approximately 200, 000 square feet in three story buildings . The first story would be retail, the second would be entertainment related and the third story would be residential to support the retail efforts below. He further explained, as an example, the residences would be used for a manager sent to the United States by Taiwan for a two year commitment to operate and manage the retail store from that area. It is the hope of the developer to start construction in 1994 and open Phase I by Christmas of 1994 . The problems that are currently being worked on are the Land Use Plan and some environmental issues . It is the goal of the Manager' s Office to maximize the Land Use for economic benefit at Nichols and I-15 and take advantage of the improvements on Collier Road. The development of Collier is currently on only one side. This project would utilize the other side '' of Collier for development. Mr. Molendyk explained that this project is not only a Master Plan for the International Outlet Center, but also a Master Plan for environmental mitigation of the wetland areas . He stated that this is an important intersection for the West End of the City. �I Page two Joint Study Session October 14 , 1993 I Mayor Washburn asked Joanna Craft, representing Mr. Chen, what the dialogue between the Fish and Game, and Fish and Wildlife regarding the Master Plan for Baker Street and Riverside Drive had been. Joanna Craft, Director of Planning, Ballew and Associates, explained that she had been in contact with the different service agencies and they are happy to encourage the City to do their own Master Plan for the entire area as it relates to Wetlands Mitigation and for Channelization; and they emphasized the need for a good survey in the area and the exact boundaries of the wetlands to determine what can be mitigated and/or reclaimed. Mayor Washburn explained that this would be an opportune time to potentially reclaim some of the areas for Sports Fields or other recreation services . City Manager Molendyk explained that within this project there is planned a wetland park with trails and observation points which can be used by the community. Councilman Dominguez asked what the time line was for dealing with Fish and Game. Joanna Craft explained that once the formal proposal for review is submitted it would take approximately 18 months to acquire permits . Councilman Dominguez asked if this would work in the time frame set. City Manager Molendyk explained that Mr. Chen is phasing the project to allow for this process . Mr. Chen detailed the project and explained the different_ use of the proposed buildings that would be found on the site. He further explained that only 10% is natural wetlands and this will be preserved, as well as a 200 foot wide easement on the Channel; and his project will extend the design of the Channel . He stated that he needs the City' s support for this project. Mr. Chen explained that Phase I includes the property from the old Ecology Center, and the Army Corp of Engineers has issued a Non-Jurisdiction letter due to the fact that the entire area is not natural wetlands . Mr. Chen stated that he felt that he would enhance the beauty of the area. He noted an the alternate site that can be used if this area is not found acceptable. Mr. Chen explained that he is planning an International Outlet Center which will provide retail items from the Pacific Rim. He further explained that on the three story building in the center of the project the first floor will be the retail shops and food areas, the second floor will be designed as fun center and the third story will be possible residential . The entire project will include a hotel for short term visitors and temporary residences for the representatives of foreign traders . Mr. Chen stated that he felt that Lake - Elsinore would be the center of the area of growth in this section of the State. City Manager Molendyk explained that in the 1990 's the trend is value and the Regional Malls, as we 've known them, is changing. The object is to keep rents down to keep the spaces filled. The cost of space at a Regional Mall is $40 . and up and this project will provide a more cost effective space as well as this area will be more cost effective. Page three Joint Study Session October 14, 1993 Mr. Chen pointed out the amount of public facilities available to the public in this project and stated that he feels this project blends into the natural area as well as providing necessary amenities to the visitors and public . City Manager Molendyk explained that from the standpoint of the Redevelopment Agency and the City Council involvement staff feels that the Agency should work with Mr. Chen and his partners at firming up the Land Use Plan and the environmental issues not only for his project but for the entire area of Nichols and I-15 , He also explained that staff and the developer have been working on the concept of the Enterprise Zone and the Free Trade Zone. The Enterprise Zone would have to have an application put together and would cost the City for what ever acreage the Council might like to include. The Free Trade Zone would give the international flavor to attract the businesses the City would want. Mr. Molendyk explained that the future of California is the import and export business with the Pacific Rim. He further explained that with the help of Mr. Chen and his partners the City of Lake Elsinore could take advantage of that through this project. He stated that the Capitol Costs to the City would be firming up the Land Use Plan, addressing the Environmental Master Plan and applying for an International Free Trade Zone and Enterprise Zone status . City Manager Molendyk addressed the second part of this project which is an International Trade and Wholesale Center for warehousing for the companies which would come into the area, a trade center which would be office buildings representing the different businesses, and a hotel to accommodate the people coming in and out. He explained that he has discussed with Mr. Chen and his partners the possibility of assisting on both of these projects to the extent that the City would consider other major developments, such as Community Facilities Districts or what the City might do to assist with any infrastructure. Any incentive programs that the City and Mr. Chen can work out together to encourage foreign business to make investments in this particular project. Mr. Chen explained the project and stated that this would be the offices and showrooms to represent the businesses . He gave a description of how the project would be set on the hillside and face the I-15 . Mr. Chen explained that he felt that this would add to the beauty of the area with a 6 acre shopping center close to the freeway. City Manager Molendyk explained that this project would look similar to the projects that are seen coming off the 60 to the 57 freeway in the Diamond Bar area. There are similar structures planned into the hillsides . Mr. Chen explained the type of look he is trying to achieve with the buildings and landscape. He further explained that the landscaping would also be used as a buffer for noise. City Manager Molendyk explained that Mr. Chen and his partners are serious about this project and will be moving to promote this project overseas . Page four Joint Study Session October 14 , 1993 Mayor Washburn commented that he liked the site of the International Outlet Center across from the existing Outlet Center. He stated that it would be very good for business and create a further draw for customers . Councilwoman Cherveny asked how close the rail service was . It was explained that the railway is in Corona and there are none in this area. Mayor Washburn explained that there is a long term study to up-grade the railroad in the area and the City is being considered. City Manager Molendyk explained that Mr. Chen has been working with Cal State Fullerton in regard to a training program on how to deal with the American public and what they are looking for in merchandizing. . 2 . Riverside Drive Project (Vicinity of Four Corners) . City Manager Molendyk explained that this is a project proposed for the four corners area and the projected schedule for building is 1994 . He further explained that the only thing that would affect this project is the Lake Management Project. Mr. Molendyk stated that this project allows for a rise and fall in the water level and is handled by a landscaped buffer area. He explained that this project consists of 750 units which are 250 residential single family units and 500 townhouse concept units with 18 acres of commercial and highrise. Mr. Molendyk explained that this would be the first major development that to be placed around the Lake. Joanna Craft, Ballew and Associates, explained that this is a project to incorporate a proposed Specific Plan and the Lake Edge Specific Plan and the main challenge is the modification of the lake edge. She explained that it is proposed to dredge out the lake and create islands and a varied shoreline to reclaim developable area similar to Mission Bay. Ms . Craft explained that the project would be a mixed use project incorporating residential, specialty, retail and marina. The marina proposed would be for boats to dock and use the restaurants and shops . She explained that the single family residences would surround the townhouses and the residences would face the water. She gave an overview of the retail and specialty use and the potential of a hotel on the Lake. Mayor Washburn asked if there was a boat launching facility. Ms . Craft indicated that there would be no boat launching facility; the docks would be for use to get to the restaurants and shops . She explained that there might be some permanent slips for the residents only. City Manager Molendyk explained that permanent slips would be decided upon when an overall study of the lake is done. There was general discussion in regard to launching and the fact that there is a possibility of other projects in close proximity. City Manager Molendyk further explained that there is a proposal for a homeowners association to maintain the shoreline. Page five Joint Study Session October 14, 1993 There was general discussion regarding traffic circulation and Ms. Craft explained that the ingress and egress were designed to maintain the traffic. City Manager Molendyk explained that Council has a decision to make for the future of the roadways surrounding the Lake and what type of roadway will best address the area, and will have to be a Community or Council Policy that will have to be considered when Mr. Chen' s project is presented for conditions . Ms . Craft stated that this project was designed to enhance the Lake edge and take advantage of the Lake and its theme. She stated that there is a proposed recreation section along the lake and that this project would tie into it. Mayor Washburn stated that he feels that this is a step in the right direction and it is the type of project that the City is looking for. Mr. Chen extended his appreciation to the Council for attending the Study Session. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A UNANIMOUS VOTE TO ADJOURN THE JOINT STUDY SESSION AT 5 : 10 P.M. GARY SHBURN, MAYOR Respec fully Submitted, e yn'ng, e City erk A TEST: i VICK.I K ASAD, CITY CLERK .. . i i i i MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA Thursday, October 21, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 5 : 10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present were: City Manager Molendyk, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Sapp, City Clerk Kasad. BUSINESS ITEM 1. Request for Letter of Support - Use of Proposed Temporary Runway - Skylark Airport. (F: 14 . 1) City Manager Molendyk noted that Tony Brogdon was present to respond to questions from the Council. He explained that it would be necessary to act on this item prior to the Autumnfest event on October 23 and 24, 1993 . Tony Brogdon, representing the Airport, noted the flooding which occurred in February and March o this year and the subsequent Council approval for the use of a temporary runway to facilitate a business on site. He noted the previous concerns of the residents in the area and prior discussions regarding use of a portion of the parking lot to allow more area for take-offs. He detailed the current high water level and the positive result of the flooding which has created another area to locate the runway. He commented that the biggest consideration at this time is the noise factor. He noted that this runway is not related to the controversial one which was of concern to the nearby school. Mayor Washburn requested clarification of the request before Council. He also inquired whether there had been any further input from the Serenity Homeowners. Mr. Brogdon advised that a brochure had been distributed by the Glider Club detailing the proposed activities. City Manager Molendyk clarified that the responsibility for notification was left with Mr. Brogdon. He indicated that this consideration was only for the weekend events, and further contact with the residents would occur prior to any additional activities. Councilwoman Cherveny requested clarification whether this approval was for only one weekend. Mr. Brogdon indicated that he would contact the residents before any further activities are contemplated. He also indicated that he would be willing to come back for further approvals after this event. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 21, 1993 Councilwoman Cherveny stressed that this approval should be only for the weekend, because input should be received from the residents with proper notification of the meeting. City Manager Molendyk clarified that the City had made a commitment to the homeowners to notify them of any considerations concerning the airport. Mayor Pro Tem Dominguez requested clarification that this would only approve the Autumnfest activities. City Manager Molendyk confirmed and suggested that further consideration be included on the agenda for November 9th. Councilman Winkler suggested that this meeting be announced at the October 26th Council Meeting. Mr. Brogdon indicated that he would appreciate this announcement. Councilwoman Cherveny indicated that she would assume the liability would be assumed by Mr. Brogdon for this event and inquired whether the City held a Certificate of Insurance from him. Mr. Brogdon indicated that it was on file with the City. Mayor Washburn noted that the City is a co-sponsor of the event. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE USE OF THE RUNWAY REQUESTED FOR THE AUTUMNFEST WEEKEND EVENTS. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 5 : 25 P.M. GARY WASHBURN, MAYOR CIT LAKE ELSINORE LKA AT EST: VI I , I� CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 26, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy City Clerk Bryning. ROLL CALL PRESENT: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: ALONGI Also present .were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Manager Huffman, Community Development Manager Shear, community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and Deputy City Clerk Bryning. PRESENTATIONS/CEREMONIALS A. Presentation - Report on Outflow Channel Project. (F;92 .2) City Manager Molendyk gave an overview of the project and introduced Mr. James Lowe of Three "B's" Construction Company, 506 W. Graham, STE 102 . James Lowe, Three "B's" Construction, explained the progress on the Outflow Channel and the type of improvements that will be implemented. He explained that construction will begin at Riverside Drive and there will be some alternate channel cuts; and construction on the channel will stop from April 1, through September 1, to protect the nesting sites of endangered species. Mr. Lowe stated that construction of bridges will occur at Graham, Heald and Sumner Streets. Sumner Street will be closed to construct the bridge beginning on November 1; and as Minthorn Street will be closed on November 1, to allow for the construction of a box culvert. Chaney will be closing for a period of time for the safe movement of dirt and equipment and Riverside Drive will beclosed between Stickland and Collier for bridge replacement. Mr. Lowe explained that the work on the channel will start downstream and work up to allow for the nesting sites of the endangered species. He further explained that the clearing and grubbing of the channel will be completed in approximately one month which will open the channel for flows, if the water in the lake does rise. Mr. Lowe explained that they are working with the City Engineer's Office in regard to signage. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 26, 1993 Mayor Washburn asked if the schedule of road closures had been published in the papers. Mr. Lowe stated that they had not. Mayor Washburn suggested that the schedule be published in the Sun Tribune, Press Enterprise and the Californian. Councilman Dominguez questioned the status of Limited. Mr. Lowe explained that the bridge will be addressed at Limited Street and in the event that Lakeshore Drive in that area is closed, Limited can be used as an alternate route. Also Limited may be used when Graham is closed for a detour. He further explained that there will be mitigation ponds that will be located between Baker Street and the existing channel. Councilman Winkler asked what would happen if it starts raining. Mr. Lowe explained that Wasson Canyon inflow splits and goes two ways and if the Lake raises then it reverses flow and goes all the way down the Outflow Channel. He further explained that the Channel will not be complete but the construction up to that point will help the flows. Councilman Winkler asked what agency Mr. Lowe''s firm works for. Mr. Lowe explained that they work for the Army Corps. of Engineers. B. Presentation - Retort on the Senior Citizens Center. (F: 144.3) City Manager Molendyk explained that in the past this project has been referred to as the $74, 000 Horse Shoe Pit Improvement and Mr. Sapp was present to give an overview of the project and just exactly what the money is going to spent on. Community Services Director Sapp explained that this project is part of the 18th year CDBG plans for the rehabilitation of the exterior of the Senior Citizens Center and outlined what type of activities will be available. He presented slides to show the planned construction and rehabilitation of the exterior of existing buildings. Mr. Sapp explained that the total cost of the project is $132 , 000. Council allocated $71, 000 and at this time the project can be phased or alternate funding sources can be found. He explained that they are working on the alternate funding sources and hope to raise the necessary funds to finish the project. Mayor Washburn stated that he was glad to see the project get started. Councilwoman Cherveny asked if the entire project would be going out bid at the same time. Community Services Director Sapp explained that it will be bid in phases for the entire project. C. Report on the Little League. Cathleen Cusimano, President of the Lake Elsinore Little League, explained that she was present to clarify some issues which concerned parents of the children in Little League. She clarified that the resolution the City Council passed, clarifies that the children will have priority, but the Children within the City Limits will be given top priority. She further clarified the meetings that were held between the City and the different organizations which use the ball fields within the City. PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 Councilman Winkler explained the reason for the Policy Resolution and stated that the City residents pay for the development and maintenance of the parks and the residents of the City should receive the priority use. He noted that Swick/Matich Field is operated under a Joint Powers Agreement with Ortega Trails. Also the resolution does give preference to the youth in the entire Valley. He stated that this was done to bring pressure on Ortega Trails to build parks for the County residents. The Resolution has had a positive effect and does protect the investment of the citizens of the City. Councilman Winkler explained that in the future he would like to see City leagues and County leagues to adjust the fees to keep the situation fair and equitable. Mrs. Cusimano asked the Council to bear in mind that quite a few of the parents of the children in Little League live in the County and work in the City and vice versa. She stated that she would, as the representative of Little League, like to keep a good relationship with the City to work together for the children. Mayor Washburn noted that he has received letters from Jean Hayman School and explained that the City of Lake Elsinore is expanding the Winterfest since the Downtown Business Association chose not to do the parade this year. He further explained that the DBA had only given the City four weeks notice and that was not enough time to present a parade. Mayor Washburn advised that there will be a Santa at the Stater Center, Town Center and at the Winterfest Celebration in the Downtown Area, on a rotating basis. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 and 3 . MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special City Council Meeting - October 8, 1993 . (F:44.4) b. Regular City Council Meeting - October 12 , 1993 . (F:44.4) C. Joint City Council/Redevelopment Agency Study Session - October 14, 1993 . (F: 44 . 4) The following Minutes were received and ordered filed: d. Planning Commission Minutes - October 6, 1993 . (F:60. 3) 4. Rejected and referred to Claims Administrator the Claim against the City submitted by Arthur Fernandez, Jr. (CL #93- 18) . (F:52 . 2) 5. Approved Hearing Date of November 9, 1993, for the following: a. Annexation No. 62, General Plan Amendment 93-2 and Zone Change 93-4 - The Western Desert Corporation. Located to the west of Grand Avenue and the termini of Amorose Street. (F:20.2) (X:83.2) (X: 172 . 2) PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 26, 1993 Resolution for the commencement of Proceedings for Annexation 68 , General Plan Amendment 93-3 and Zone Change 93-5 - City of Lake Elsinore. Located to the east and west of Grand Avenue between the City Limits to the north and Plumas Street to the south. ITEMS PULLED FROM THE CONSENT CALENDAR 2 . L.E.A.F. Animal Control Activity_ Report - September, 1993 . (F: 18 . 2) Councilwoman Cherveny commended L.E.A.F. for their efforts and thanked them for their assistance in removing a skunk from under her home. MOVE BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR THE MONTH OF SEPTEMBER, 1993 . 3 . Warrant List - October 15, 1993 . (F: 12 . 3) Councilwoman Cherveny pointed out the expenditure of $95, 000 to the Riverside County Habitat which is a pass through for Oak Grove Equities. City Manager Molendyk explained that the City collects the fees from the Developer and then passes them on to the County for the Kangaroo Rat Trust Fund in the County. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LIST FOR OCTOBER 15, 1993 . PUBLIC HEARINGS 21. Tentative Parcel Map No. 27821 and Commercial_.Proaect No._.93- 4 located at the northeast corner of the intersection of Mission Trail and Malaga Road. (F: 110. 2) (X:58 .2) City Manager Molendyk explained that rather than call it a Tentative Map, he would refer to the project as an eight-plex movie theater. The proposed project consists of 17.37 acres with five (5) commercial parcels and design review for the construction of a 26, 000 square foot theater and associated infrastructure mprovements. The theater is proposed to have eight screens with approximately 1,600 seats. Mayor Washburn opened the public hearing at 7 :50 p.m. asking those in favor of the project to speak. The following person spoke: Leonard O'Byrne, 38401 Oak Tree Loop, Murietta, President of Camelot Property Counselors Inc. , spoke in favor of the project and stated that his company agreed with the findings and conditions. He commended staff for their cooperation and assistance in regard to the project. Mayor Washburn asked those persons in opposition to speak. Hearing no one, the public hearing was closed at 7:53 p.m. City Planner Leslie explained an exhibit displaying elevations. PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE ADOPTION OF NEGATIVE DECLARATION NO. 93-8, APPROVE COMMERCIAL PROJECT NO. 93-4, AND APPROVE TENTATIVE PARCEL MAP NO. 27821, BASED ON THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL: FINDINGS TENTATIVE PARCEL MAP NO 27821 1. Conditions of Approval have been prepared to address identified conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City goals and policies. 2 . This project, as approved, complies with the Goals and Objectives of the General Plan. 3 . The site, subject to the attached conditions, is suitable for this type of development. DESIGN REVIEW C 93-4 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 93-8 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2 . The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, and the Zoning District in which it is located. 3 . Conditions and safeguards pursuant to Chapter 17.82. 070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated in the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 . CONDITIONAL USE PERMIT NO. 93-4 1. That this proposed use, on its own merit and within the context of its setting, is in accordance with the Goals, Objectives, and Policies of the Lake Elsinore General Plan. 2 . That the requested use, as proposed will not be detrimental to the general health, safety, morals, and welfare of the persons residing in the neighboring area or the City. 3 . That the site is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by the Zoning Ordinance. 4 . That there should not be a conflict with the shared parking allowed by this permit between the theater and the adjoining uses. VARIANCE NO. 93-2 1. Adequate conditions and safeguards pursuant to Section 17 . 76. 050 have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 26'0 1993 2 . Special circumstance, pursuant to the purpose of Chapter 17.76, applicable to the subject property which do apply generally to other properties in the neighborhood, and, therefore granting of this variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. 3 . Approving the variance from the strict interpretation of the Zoning Ordinance represents a minor deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. VARIANCE NO. 93--4 1. Adequate conditions and safeguards pursuant to Section 17. 76 . 050 have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2 . Special circumstance, pursuant to the purpose of Chapter 17 .76, applicable to the subject property which do apply generally to other properties in the neighborhood, and, therefore granting of this variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. 3 . Approving the variance from the strict interpretation of the Zoning Ordinance represents a minor deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. CONDITIONS: Planning Department 1. Design Review approval for Commercial Project No. 93--4 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3 . All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4 . Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7 . Meet all Riverside County Health Department requirements. 8 Meet all Riverside County Fire Department requirements. 9 . No outdoor storage shall be allowed. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 11. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 12 . Applicant shall use roofing materials with Class "A" fire rating. 13 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets (Malaga, Casino Drive or Mission Trail) . Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 14. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. 15. Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Manager or designee, prior to the issuance of building permit. 16. The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (2411) box tree for every ten (10) spaces with appropriate planter box, subject to the approval of the City's Landscape Architect and Community Development Manager or designee. 17. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (2411) box. On areas where screening, is necessary trees shall be at least thirty six-inch (3611) box size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (3611) . PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 26, 1993 may be refunded after acceptance and 100% will be hed e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of instal- lation of landscape requirements approval/acceptance; 20% for one year for material and labor. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j ) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 18. All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 19. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property (except for the area behind the theater which will necessitate substantial lighting for security) and streets or allow illumination above the horizontal plane of the fixture. The applicant shall provide adequate parking lot lighting to the satisfaction of the Community Development Manager on the area behind the theater (Casino parking) for security purposes. The stairway areas between the theater site and the Casino parking shall provide adequate lighting to the satisfaction of the City. 20. All undeveloped lots/pads within the center shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the developer as necessary to meet the approval of the Community Development Manager until such time as these lots/pads are built-out. If building permits are not issued within 90 days, all areas or pads graded, during the grading operation, shall be landscaped and irrigated. 21. The applicant shall amend the approved Uniform Sign Program for the Camelot Center to reflect the added design changes. The Revised Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including freestanding 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. PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 22 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23 . Applicant shall annex into the City's Landscape and Lighting District. 24. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. 25. This project shall be subject to the Mitigation Monitoring Program contained in the Mitigated Negative Declaration 93-8. 26. Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992 . 27. Trailers utilized during construction shall be approved by the Planning Division. 28. On-site surface drainage shall not cross sidewalks. 29. Parking stalls shall be double-striped with four-inches (411) lines two-feet (21) apart. 30. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 31. Decorative pavement shall be provided at entry and crosswalks, to the satisfaction of the Community Development Manager or designee. 32 . Any proposed metal mailbox shall be treated to blend with the center's design theme. Mailbox plans shall be submitted for approval prior to issuance of building permits, and shall be subject to the approval of the postal service and the Community Development Manager or designee, prior to the issuance of building permit. 33 . Prior to issuance of building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 34 . The applicant shall submit a graffiti removal program for the Camelot Center. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Manager or designee. 35. The applicant shall cause to be recorded (in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division) an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement and agreement in favor of all lots within the Camelot Center, subject to the approval of the Community Development Manager. In addition, CC&R's shall be approved by the City Attorney and the Community Development Manager which enforces standards of building maintenance and participation in landscape maintenance. 36 . A pedestrian access agreement shall be provided and recorded in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division from the Casino site to the project site (Theater) . PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 37. The applicant shall provide evidence of agreements for off- site and shared parking facilities between the owner of the Camelot Center and the Casino site. This legal instrument shall be recorded in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division. 38. The applicant shall provide signage indicating or directing overflow traffic to the proposed Casino off-site parking. Number of signs and location shall be approved by the Community Development Manager or designee. Engineering Department 39. Commercial Project No. 93-4 shall be subject to all applicable conditions of approval for Tentative Parcel 27821 prior to issuance of building permits. 40. The front central facade of the theater building above the ticket windows shall include reveals similar to those proposed on the side panels of the structure that divide the panel into quadrants. This modification is intended to add further interest to this large vertical building plain. Other alternatives will be acceptable if they serve the same intent, subject to the approval of the Community Development Manager or designee. 41. Security Plan shall be submitted to the Planning Department and subject to the approval of the Community Development Manager or designee. CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 27821 Planning Division 1. Tentative Parcel Map No. 27821 will expire two (2) years from date of City Council approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. The City's Noise Ordinance must be met during all site preparation activity. 5. Pay all applicable fees in force at time of issuance of building permits. 6 . Prior to final approval of Parcel Map 27821 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other applicable conditions shall be complied with. 7 . Final Map shall reflect plotting as approved on plans date stamped October 6, 1993 . 8 . Building permits shall not be issued until proof that all school mitigation fees have been paid is presented to City Building Division. PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 9. The developer shall meet all requirements of Southern California Edison. Plans for a street lighting system shall be submitted to them for review and approval. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 10. Meet all requirements of Southern California Gas Company. 11. Meet all requirements of General Telephone. 12. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 13 . All trailers used during construction shall be subject to Planning Division review and approval prior to installation. All temporary signage and mailboxes plans shall also be subject review and approval of the Planning Division. 14 . Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 15. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department, Planning Division. 16. The applicant shall cause to be recorded an irrevocable reciprocal parking, circulation, loading and landscaping maintenance easement and agreement in favor of all lots, subject to the approval of the Community Development Manager. In addition, CC&R's shall be approved by the City Attorney and the Community Development Manager which enforces standards of building maintenance and participation in landscape maintenance. The CC&R's shall be recorded prior to finalization of the map. 17. All development associated with this map requires separate Design Review approval in accordance with Section 17.82 of the Municipal Code prior to building permit approval, and shall be subject to review to determine the required level of environmental documentation subject to the provisions of the California Environmental Quality Act (CEQA) Guidelines. 18 . A geotechnical/seismic report with findings and associated recommendations to mitigate potential hazards will be required to be submitted to the Engineering and Planning Departments prior to recordation of the final map. Engineering Department 19 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 20. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52. 030) . Document can be obtained from the Engineering Department. PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 21. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 , Resolution 85-26) . 22 . Submit a 01Will-Serve10 letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 23 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval. 24 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes, (Lake Elsinore Municipal Code 12. 04 and 16.34) . 25. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 26. Enter into a subdivision agreement with the City for off-site improvements and post appropriate bonds. Bonds or letter of credit to be approved by the City Attorney. 27. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off- site public works improvements (Municipal Code, Title 12, Chapter 12 .08, Resolution 83-78) . 28 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/211 x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 29. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 30. Comply with all conditions of the Riverside County Eire Department. This shall include providing any required fire protection facilities. 31. All improvement plans and tract maps shall be digitized. At certificate of occupancy applicant shall submit tapes and or discs which are compatible with City's ARC Into/Gis or developer to pay $1, 000 per sheet for city digitizing 32 . Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 33 . Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 34. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all master planned drainage facilities constructed. 35. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. PAGE THIRTEEN - CITY COUNCIL MINUTES OCTOBER 26F 1993 36. The owner shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for Natural Pollutant Discharge Elimination System (NPDES) and submit the storm water pollutant prevention plan prior to grading permit. 37. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 38 . All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 39 . Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 40. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. Provide sufficient right-of-way for improvements on Casino Drive for an 80 foot right-of-way. Improvements to be built at development of Parcel 5. 42 . As part of the construction of off-site public improvements related to Malaga Road, and the Mission Trail and Malaga Road intersections, the applicant shall acquire the property on the easterly corner of Mission Trail and Malaga (APN 365-051-001) and dedicate this property to the City. 43 . Developer shall design and install a traffic signal at the intersection of Mission Trail and Malaga. It shall be operational no later than two (2) months after the theater opens. 44. A pedestrian access shall be provided from the Casino Hotel to the project site. 45 . Driveway on Mission Trail Parcel #1 shall be limited to right turn in and turn out only. 46. Dedicate 10 feet along Malaga Road for additional right-of- way. 47. Dedicate 20 feet along Mission Trail frontage for additional right-of-way. 22 . Appeal of Planning Commission Condition of Approval No. 24 for R 89-17 Amendment No. 2 Lewis Homes of California - the subject site is located at the southeast corner of the intersection of Robb Road and Mountain Street. (Continued from September 28 . 1993) . (F:21. 1) City Manager Molendyk explained that this is an appeal by Lewis Homes regarding the new Ordinance Council had staff draw up regarding fencing in residential tracts. He stated that Community Development Manager Shear had a video of the existing fences and some of the other fencing in the area. City Planner Leslie an overview of a video which presented the variation in grades of the various pads and views of the Centex Development with block walls on the perimeters and wood fences on the returns and a combination of block and wrought iron up the slope. He further show a development on Machado with all block walls, except for gates on the sides and a PAGE FOURTEEN - CITY COUNCIL MINUTES '- OCTOBER 26, 1993 development with all wood fencing. The video presented examples of the different types of fencing used in the past. City Manager Molendyk explained the direction that the Council had given in the past was that there should be no more wood fencing, especially in the areas where there is terracing and fencing is visible. He stated that the developers felt that it was too costly to go completely with block walls. Mr. Molendyk stated that staff needs direction and whatever Council decides will have an impact on other future developments in the community. Mimi Rayl, representing Lewis Homes of California, presented an exhibit which shows that a block wall will be built on the perimeter of the project on top of the slope along Robb Road, to the south of the project and across the top of the slope. She explained that Lewis Homes would like to put a combination of a block and wrought iron wall along the back slopes as a temporary combination wall for the models to be replaced at time of sale for privacy reasons. Ms. Rayl explained that her development would like to use wood fencing on the side yard lot lines and the rear yard lot lines. She presented pictures of examples of fencing which were used in other developments. City Planner Leslie explained that if the City Council determines that in the case of the subject tract, use of wood fencing as proposed would be acceptable as an alternative material to solid block in some areas. He recommended the following limitations mentioned in Ms. Rayl's presentation as follows: 1. At the model complex instead of using solid block wall, she suggested using partial block wall with wrought iron fencing. 2 . On the six lots along Spruce street using solid block wall on the top of slope would obstruct view of the side yard, which it was requested to allow wood fences. 3. Treated wood fencing and not painted. 4. Wood fencing on the phase line since that area would only be open to construction. Planning Recommendation: Wood fencing will be allowed only on certain interior side property lines on the subject tract with the exception of side property lines that are also phase lines in which case a solid block wall shall be used unless the adjacent phase is built concurrently. Wood fencing on side property lines on Lots 7 through 12 of Tract 19750-3 can only be used when the property line is on level with the pad, solid block wall must be used on those portions of the side property line along the rear slope of these lots. Wood fencing will also be allowed on the rear property lines of only lots 4 and 5 of Tract 19750-3 . The wood fencing as allowed shall be constructed pursuant to the detail contained on the approved wall and Fencing Plans and shall be painted to blend with either the surrounding block walls or the coloring of the homes. Six-foot (61) high solid block PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 walls shall be constructed on all other side and rear yard property lines. Fencing proposed in future phases of this project will be subject to separate review and approval by the Community Development Manager or their designee pursuant to the guidelines as set forth above. Mayor Washburn then called on those persons who requested to speak as follows: Mike Aller, Centex Homes, 4351 Latham Street, Riverside, stated that his project has already received their conditions and he has a masonry budget of $1. 2 million for the streets, the channels, the perimeter and corner lots not including the wrought iron, just masonry. He stated that when he had heard that the City had passed an ordinance requiring all masonry wall, it was a shock to his wallet and he was approaching Council for direction. He explained the major cost of material and construction per lot and what it means as a impact on the cost of the total sale of the house, as well as the time it would take to change the grading of existing lots to accommodate the block wall footings. Total block walls will also present a problem to the future homeowner who wishes to install a pool or spa and has no ability to temporarily remove the fencing for construction. Mr. Aller asked that Council give consideration on a case by case basis. Councilman Winkler stated that the only change in the Ordinance was that instead of the Planning Commission making the waiver, it is now the responsibility of the Council to make that decision, and will be done on a case by case basis until Council can give a clearer guideline. He stated that he would like to visit the site to make a review of what he felt would address the site best. Councilman Winkler asked staff to find out approximately what it cost for all block wall at the Nelson Project. He stated that the interior fences which are highly visible are what he is most concerned about. Mayor Washburn stated that he would not like to see anything weaken the existing ordinance or the intent of the quality that has been seen with Centex Homes. He suggested a policy to guide staff. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL NO. 24 FOR RESIDENTIAL PROJECT 89-17 AMENDMENT NO. 2 (LEWIS HOMES) , TO THE NEXT REGULAR CITY COUNCIL MEETING ON NOVEMBER 9 , 1993 , TO ALLOW TIME TOMEET WITH STAFF AND THE APPLICANT. BUSINESS ITEMS 31. Commercial Project No. 93-2A "EXPO" Building, located within the Elsinore City Shopping Center._ (F:58. 2) City Manager Molendyk explained that this is the second major tenant at the Oak Grove Equities (Wal-Mart) site. This project is "EXPO" which is a new supermarket that Von's is building which consists of 62,000 square feet, consisting of a standard market, plus a pharmacy, dry cleaners, video store, deli, and meat market in one facility, which is the state of art. City Planner Leslie presented exhibits and explained the location and elevations. He stated that staff has worked with the applicant and the architect to make revisions to the project. PAGE SIXTEEN - CITY COUNCIL MINUTES OCTOBER 260 199'3 Mayor Washburn asked about the Planning Commission's concern regarding shopping carts on-site or off-site. He asked if the shopping carts can be stored inside the store and if there is a need to have the carts stored outside, whether there is some provision made for screening. City Planner Leslie stated that the shopping carts would be screened from the parking lot and frontal view, but as the approach from the side is made they are visible. Mayor Washburn stated that the additional handicap provisions the Planning Commission conditioned are good and he would agree. Councilwoman Cherveny asked what the target date for opening would be. Sharon Douglas, representing EXPO, explained what steps would be taken and for a target date sometime in 1995. Mayor Washburn asked what would be done with the old store. Sharon Douglas explained that the old Von's store is leased and they would attempt to sub-lease the site. Councilman Dominguez wanted to know if the store would have ATM machines and if they would be inside the store. Ms. Douglas stated that she was not sure if there were plans for a banking facility. Councilman Dominguez stated that if there were ATM machines, he would like to see them located indoors. Councilman Dominguez asked if the EXPO would be a 0124 hour" store. Ms. Douglas stated that it had not been decided what hours would be kept for the store at this time. Mayor Washburn asked if there would be restroom facilities available for the public. Ms. Douglas stated that there would be. Mayor Washburn then asked if the bathroom facilities would have changing tables since the Lake Elsinore has a large population of young families. Ms. Douglas advised that she did not know but that she doubted that they would. Mayor Washburn asked that they consider the changing tables. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE COMMERCIAL PROJECT NO. 93-2a, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: FINDINGS 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the certified Environmental Impact Report No. 92-3 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed complies with the Goals, Objectives and Policies of the General Plan, the Elsinore City Center Specific Plan, and the Zoning District in which it is located. 3 . This project complies with the design directives contained in the Elsinore City Center Specific Plan. 4 . Conditions and safeguards pursuant to Chapter 17.82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 and the Elsinore City Center Specific Plan. PAGE SEVENTEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT NO. 93-2A PLANNING DIVISION 1. Design Review approval for Commercial Project No. 93-2A will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Manager prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page one of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discretion of the Community Development Manager. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Manager or his designee. 5 . Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and ordinances including State handicap requirements. 7 . Meet all Riverside County Health Department requirements. 8 . Meet all Riverside County Fire Department requirements. 9 . Project must meet all requirements of Cal-Trans. 10. No outdoor storage of any items shall be permitted with the exception of shopping carts within approved designated areas. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Manager or designee, prior to issuance of Certificate of Occupancy. 12 . All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 13 . Applicant shall use roofing materials with Class "A" fire rating. 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I-15. Screening plan shall be approved by the Community Development Manager or designee, prior to issuance of building permit. 15 . All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 26, 1993 16 . Bicycle racks shall be provided adj,acent; to major commercial uses. Placement, design,::and quantity shall'."be indicated on the final landscaping plan, 'and subject to the approval of the Community Development Manager or designee, prior to the issuance of building permit. 17 . The parking lot landscaping designs shall provide at least one (1) twenty-four-inch (2411) tree for every ten (10) spaces with planter box to be staggered every row, and subject to the approval of the City's Landscape Architect and Community Development Manager or designee. 18 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Manager or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) (Per the Elsinore City Center Specific Plan) apart and at least twenty-four-inch (2411) box. On areas where screening, is necessary trees shall be at least thirty six-inch (3611) box size. c) All planting areas shall be separated from paved areas with a six inch (611) high and six inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of instal- lation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. PAGE NINETEEN — CITY COUNCIL MINUTES - OCTOBER 26, 1993 k) Final landscape plans to include planting and irrigation details. 19 . All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 20. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 21. All proposed signage shall require City permits and be in conformance with Elsinore City Center Specific Plan, the associated Elsinore City Center Sign Program, and Section 17.94 of the Municipal Code. 22 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23. All loading zones shall be clearly marked with yellow striping and shall meet City and Specific Plan Standards for loading zones. This project shall be designed so that every unit (with the exception of shop #3 which is to have two (2) loading areas) is provided with a loading space as required by the City Municipal Code and the Elsinore City Center Specific Plan. 24. Trailers utilized during construction shall be approved by the Planning Division. 25. On-site surface drainage shall not cross sidewalks. 26. Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart. 27 . Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 28. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 29 . This project shall be subject to the Mitigation Monitoring Program contained in the Certified Environmental Impact Report No. 92-3 . 30. Any tenant within this development that can potentially employ 100 people or more shall be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27 , 1992. 31. All vending machines, shopping cart storage areas, tables, kid's rides, newspaper racks, telephones, and similar devices shall be conceal from view with a structure consistent with the building design. These shall be approved by the Community Development Manager or designee prior to installation. 32 . The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Manager or designee. PAGE TWENTY - CITY COUNCIL MINUTES - OCTOBER 26, 1993 33. The applicant shall install decorative pavement at all entrances into the project, at all major drive aisle intersections, and directly in front of the main entry in to the structure. This detail shall be included on the revised site plan and is subject to the approval of the Community Development Director or his designee. 34 . If approval is granted by the City Council for a secondary shopping cart storage area it shall be located on the south side of the structure and shall be enhanced with the same treatments as has been required for the main storage area along the front of the building. 35. The walkway in front of the cart storage area at the front of the building shall be a minimum seven feet (71 ) wide and the planter shall be a minimum five feet (51) wide and bermed against the cart storage screen wall. 36. DELETED. ENGINEERING DEPARTMENT 37 . Meet all Conditions of Approval for Tentative Parcel Map No. 27659. 38 . Medians in driveways shall be moved back out of the right-of- way to provide proper truck turning into the site. 39 . Four (4) additional handicap parking spaces are to be provided on the right side of the building (Expo) . 32 . Extension of Time for Tentative Tract Map No. 22904, Revision #6 - Canyon Bay Development. (F: 160. 2) City Manager Molendyk explained that a bill was recently passed which automatically gives all outstanding tentative tract and parcel maps in the State of California a two (2) year extension. This item was continued for Council reconsideration at the meeting on July 13 , 1993, and was brought back for Council's information. Mayor Washburn explained that the new bill was signed into law on September 13 , 1993 , and this action was taken due to the existing economic conditions being experienced. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACKNOWLEDGE THE STATE"S MANDATED AUTOMATIC EXTENSION OF TIME FOR TENTATIVE MAPS WHICH APPLIES TO TENTATIVE TRACT MAP NO. 22904. 33 . State Route 74 - Memorandum of Understanding. (F:82 . 3) City Manager Molendyk explained that the City has been working with Project Dimensions, and Cal-Trans for the realignment and expansion of Highway 74 . The Memorandum of Understanding is a State requirement which acknowledges our cooperation to follow the procedures and standards. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A 3 - 0 VOTE WITH WINKLER ABSTAINING TO APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE MAYOR TO AFFIX HIS SIGNATURE. PAGE TWENTY-ONE - CITY COUNCIL MIFUTES - OCTOBER. 26„ 1993 34. Lakeshore Drive and Chaney Street Intersection_Improvements. (F: 156.2) City Manager Molendyk explained that this area has become a traffic and safety concern. He stated that there are no left hand turn lanes and there is a problem with excessive speed. Mr. Molendyk pointed out that there will be closures due to the channel construction and staff recommends the design and widening of Lakeshore Drive and Chaney Street, a left turn lane and a three way stop. He explained that this would assist in the construction of the outflow channel and be of benefit to the existing homeowners. This project would also include the installation of asphalt sidewalks for the safety of the children. Mr. Molendyk asked that the funds be appropriated from the traffic signal at Lincoln Street and Machado Street since this project will be funded by the state in June and the monies be reappropriated the Lakeshore Drive and Chaney Street intersection. Public Services Director gave an overview of the project and explained the exhibits which present the location of the project and showing the widening of Lakeshore Drive from Adams Way to Townsend in order to mitigate the traffic and delays which were experienced last year due to the floods. He further explained that the funds requested that the money requested would cover the design of widening of Chaney and install the asphalt sidewalks. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE THE DELETION OF THE LINCOLN STREET AND MACHADO STREET TRAFFIC SIGNAL FROM THE 1993/94 CIP BUDGET AND AUTHORIZE THE EXPENDITURE OF $100, 000 ON IMPROVEMENT TO THE LAKESHORE DRIVE AND CHANEY STREET INTERSECTION. 35. Award of Contract - Downtown West Street and Storm Drain Improvements - Phase I. (F: 156.2) City Manager Molendyk explained that for the last several years Council has appropriated funds for the design and construction of street and drainage improvements in the downtown area. The following streets were designed under this project as follows: 1. Scrivener St. - Sumner Ave. to Flint St. 2 . Lewis St. - Sumner Ave. to Pottery St. 3 . Silver St. - Sumner Ave. to Pottery St. 4 . Campus Way - Heald Ave. to Pottery St. 5. Mohr St. - Heald Ave. to Pottery St. City Manager Molendyk explained that the Engineer's estimate was $494,822. the low bid was from J.E.G. Construction co. , Inc. , in the amount of $377, 010. 17. He recommended approval of acceptance and award of low bid. Councilwoman Cherveny stated that since this project is to pave existing dirt streets, she was sure that the persons living on those streets would not mind the inconvenience, but rather be grateful, since they have been waiting for a very long time for paving. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ACCEPT THE BID OF $377, 010.17 AND AWARD A CONTRACT TO J.E.G. CONSTRUCTION COMPANY, INC. , FOR THE CONSTRUCTION OF THE STORM DRAIN AND ALL EIGHT BLOCKS OF STREET IMPROVEMENTS; AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO TRANSFER $25, 000. FROM THE DRAINAGE FEE FUND AND $50, 000. FROM THE 1993/94 CIP BUDGET FOR THE TRAFFIC SIGNAL AT LINCOLN STREET AND MACHADO STREET TO THIS PROJECT. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - OCTOBER 261 1993 City Manager Molendyk asked what the estimated time to start was and when it is the expected the project will be finished. Public Services Director Tecca explained that construction time will be approximately 60 days, and he does not have an exact time table on the project but will provide a memo to the City Manager. Councilwoman Cherveny asked when Kansas Street would be paved. Public Services Director Tecca explained that Kansas and Illinois Streets are two streets that have a high level of interest in the community. He further explained that as the budget permits each street will be attended to. Kansas and Illinois Streets are high on the list of upcoming streets to be improved. Councilman Dominguez stated that if there was not such a need for flood control projects this budget, those streets would have been done this year. However, they are high on the priority list and will be done as soon as the budget will allow. THE FOREGOING MOTION WAS CARRIED BY UNANIMOUS VOTE BY THOSE PRESENT. 36. Appropriation of Funds for Change Order Number 1 to San Jacinto River Channel Project. (Fo156.2) City Manager Molendyk explained that a contract was previous lyawarded for the San Jacinto Channel and this is Change Order No. 1, in the amount of $29, 500. which is for the cost of a headwall structure as part of the storm drain system. He stated that he had placed two questions to Public Services Director Tecca being➢ 1) Why wasn't this done earlier? and 2) What is a headwall structure? Mayor Washburn asked why this was not thought of earlier. Public Services Director Tecca explained that an agreement was made with Ayres Development that they would construct a storm drain, taking the water from the tract to the storm drain, and the City would pay for the oversizing of the storm drain that goes in Lakeshore Drive. He further explained that an out-let structure could not be built, because there was not a definitive location for the channel, so it was removed from the contract with Ayres and postponed until this point in time. Mr. Tecca explained that it is cheaper to use this method, than to have Ayres remobilize and bring their contractor back to complete the head wall structure. He stated that a good price was negotiated with American Contracting, Inc. Mr. Tecca explained that a headwall structure is a concrete box where the water flows out of the pipe, down into the box and then into the channel. It has a large metal flapper gate which allows the water to flow out and prevent erosion. Councilwoman Cherveny asked if Ayres was conditioned to do the headwall would the City be reimbursed. Public Services Director Tecca explained that they were not conditioned for this. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROPRIATE $29, 500. FROM THE DRAINAGE FUND TO THE LAKE ELSINORE REDEVELOPMENT AGENCY, TO COVER AN INCREASE IN THE CONTRACT AMOUNT WITH AMERICAN CONTRACTING, IN ORDER TO CONSTRUCT THE HEADWALL STRUCTURE OF THE AYRES STORM DRAIN. PAGE TWENTY-THREE CITY COUNCIL MINUTES - OCTOBER 26, 1993 37 . Notice of Completion forthe Rice Canyon Water Reservoir Storage Tank CFD 88-3 . (F:22 .3) City Manager Molendyk explained that this is the final acceptance by the City and recommended approval. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE AND ACCEPT THE PROJECT AS COMPLETE; REQUEST MAYOR TO SIGN NOTICE OF COMPLETION; AND AUTHORIZE THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION 38 . Chaney Street Improvements - Interim. Widening and Ultimate Realignment and Widening. (F:156.2) City Manager Molendyk explained that most of the concerns regarding Chaney Street were covered at a Work Session with the property owners from Chaney Street. Their remaining interest is in the short term and long term plans for Chaney Street. He explained that there are two alternatives, (1) widen the existing alignment, by cutting through the top of the hill, and (2) construct a new alignment north of the existing alignment approximately along Frederick Avenue. Councilman Dominguez stated that it was discussed that it was more favorable to use alternative No. 2. He asked Community Services Director Tecca to explain. Community Services Director Tecca explained that at the Work Shop both alternatives were discussed. Alternative No. 1 would mean the relocation of 13 families and 13 homes, whereas alternative No. 2 would mean the relocation of only 6 families and homes. He further explained that the cost is approximately the same. The advantages to using alternative No. 2, is that it makes the curve on Chaney more manageable and the access to all existing streets from existing properties is retained which means that there would be no necessity to build more local streets to accommodate the residents. Mr. Tecca stated that Staff would recommend the adoption of alternative No. 2. Mayor Washburn explained that there is no funding source at this time to expedite this project. City Manager Molendyk explained that there is an alternative, which is the exchange of property. He further explained that the City has surplus property which some of the property owners may be interested in as an exchange. Mayor Washburn explained that this would give the property owners an opportunity to review the City owned properties and make decisions. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT ALTERNATIVE NO. 2, CONSTRUCT A NEW ALIGNMENT NORTH OF THE EXISTING ALIGNMENT, APPROXIMATELY ALONG FREDERICK AVENUE, WITH STAFF TO WORK OUT THE SOLUTIONS FOR THE PROJECT. PAGE TWENTY-FOUR - CITY COUNCIL XINUTES - OCTOBER 260 1993 39 . Status Report on Century Homes Fencing(F:80. 1) City Manager Molendyk explained that is has come to the attention of staff that there are concerns on the Council's part on the amount of wood fencing which is being used by Century Homes. This project is located on Summerhill Drive just below Tuscany Hills. Mr. Molendyk stated that the Condition of Approval No. 28 reads as follows: A six foot (61 ) high masonry wail or decorative block wall shall be constructed along the side and rear property lines and shall conform to Section 17. 14. 080 (Fences and Walls) and Section 17 . 14. 130. Side and rear fencing, where not visible from the right-of-way, may be wood, subject to the approval of the Community Development Director or designee, prior to issuance of building permit. City Manager Molendyk explained that since phase 1 of the project received approvals to use wood fencing in lieu of block walls, Century Homes requested and received approval on February 2, 1993 for wood fencing to be allowed in their phase 2 . He stated that the reason this item was placed on the agenda is because there is concern that this development does not meet Condition of Approval No. 28. Mayor Washburn then asked the persons who submitted requests to speak. The following person spoke: Arthur Levine, Century Homes representative, 1535 South "D" Street, San Bernardino, concurred with what Mr. Aller of Centex Homes had said earlier and stated that there are two major aspects, which are the first two phases which have been approved: and explained that the fencing and placement of the fencing was duly submitted to the staff, as required, for approval and were approved. He gave an overview of the elevation and placement of the fences. He stressed in the two existing phases they were approved. He explained the loan process and the amounts borrowed to complete the phases; which includes the monies for fencing and was based upon the approvals of the City. To increase the masonry required that does not appear on the approved plans would increase the cost of the current development and there are no provisions made to allow for this increase. This would make the project impossible to complete. He advised that Century Homes wishes to cooperate with the City and since the future phases have not been financed, if there were more masonry required, then that could be included within the loan process for the financing of the future phases. He asked that Council consider the position of Century Homes in this matter. Councilman Winkler stated that he is not satisfied with this project and that he has stated his concerns in the past during the Council Comment section and with staff. He commented that you can see the wood fencing from Railroad Canyon Road and those fences will be visible for a long time, and it doesn't make sense to have block walls on the exterior of the project with the wood fencing visible. City Manager Molendyk stated that there is a video of the project which would clarify the concerns. Community Development Manager Shear explained the video and pointed out the newest fence that was being placed which is on the top of a 30 foot slope. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - OCTOBER 26, 1993 Councilman Winkler explained that Railroad Canyon Road is a major entrance to the City and looking at this project there will be a lot of wooden fences that are on terraces and will be visible from Railroad Canyon Road and over the years it will look worse and worse. He further explained that one of the reasons for the ordinance which took the ability to waive the requirements from the Planning Commission and gave the responsibility to the Council, was because of this project. He stated that he thought it was a mistake of the Planning Commission, but now he realized that the Planning Commission had placed Condition No. 28 . Mr. Winkler stated that these fences are clearly visible and in violation of Condition No. 28. He explained that there have been discussions within the Council regarding the allocation of monies to replace some of the existing wood fences to improve the appearance of the City. Councilman Winkler stated that in his opinion, since the Council has made their decision regarding fences, there has been a "hurry--up" process at the Century Homes site to build more wood fences. He stated that the Conditions of Approval set by the Planning Commission have not been met and this becomes an overall problem for the community. He explained that if the fencing looks run down then the community looks run down and it then affects the entire community in regard crime and and other issues. Councilman Winkler stated that he felt that the conditions that the Planning Commission have set have not been met and that all construction should stop until the conditions have been met. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO STOP ALL CONSTRUCTION OF CENTURY HOMES UNTIL ALL CONDITIONS OF APPROVAL HAVE BEEN MET. Mayor Washburn commented that if you review Condition No. 28, you recognize that it is a matter of interpretation. He stated that the developer might feel that he can do wood fencing because he feels that it is not in line of sight from a major thoroughfare; whereas a Councilmember or one of the City's Engineers would feel that it was visible from a major thoroughfare. Mayor Washburn emphasized that he did feel that it was a matter of interpretation and that he would like to see the applicant, City staff and a Council representative meet with the developer and review the site and work out appropriate solutions measures in regard to this project. He asked if Councilman Winkler and Councilman Dominguez would include this as an amendment to the Motion. Both Councilman Winkler and Councilman Dominguez agreed to amend the motion as follows: AND MEET WITH THE DEVELOPER AND REVIEW THE SITE FOR COMPLIANCE WITH CONDITION OF APPROVAL NO. 28. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE BY THOSE PRESENT. PUBLIC COMMENTS- NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. PAGE TWENTY-SIX - CITY COUNCIL MINUTES - OCTOBER 26, 1993 CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 8 :59 P.M. THE CITY COUNCIL MEETING WAS RECONVENED TO A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING AT 9: 08 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD TO DISCUSS MATTERS OF POTENTIAL LITIGATION AND A SINGLE CRIMINAL CASE, PEOPLE VS. FROHOCK AT 10:05 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10: 41 P.M. WITH NO ACTION TAKEN ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WINKLER AND APPROVED BY UNANIMOUS VOTE BY THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:41 P.M. rM. WASHBURN, MAYOR Respectfully submitte 1 P � C Adria L. Bry, ng, Deputy ty Cle A EST: 9 VICKI KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY# NOVEMBER 9, 1993 CALL TO ORDER The Regular City Council -Meeting was called to order by Mayor Washburn at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER (Councilman Winkler arrived at 7: 50 p.m. ) Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONSICEREMONIALS A. Presentation - Lake Elsinore Management Authority Videotape. (F:92 . 3) Mayor Washburn noted the agencies involved in L.E.M.A. and explained the purpose of the videotape. The videotape was shown. Mayor Washburn advised that the videotape will be shown a various time in the future on King 3 and other stations. B. Announcement - Lake Elsinore Storm. (F: 134 . 10) City Manager Molendyk advised that the Press Conference originally scheduled for Wednesday, November loth had been rescheduled to Friday, November 12th at 1:00 p.m. He noted that the purpose of this press conference would be to introduce the new team logo and colors; and following the conference, team souvenirs will go on sale. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address item nos. 21, 22, 34 and 35 and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. l.a. , l.b. , 8 and 9. PAGE TWO - CITY COUNCIL MINIITES - NOVEMBER 9, 1993 MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2 . Received and ordered filed the Building Activity Report for October, 1993 . (F: 32. 2) 3 . Received and ordered filed the Code Enforcement Activity Report for October, 1993. (F: 54 . 1) 4 . Received and ordered filed the Investment Report for September, 1993 . (F: 12. 5) 5 . Ratified Warrant List for November 1, 1993. (F: 12 . 3) 6 . Awarded Maintenance Contract for Traffic Striping & Pavement Marking to IPS Services in the amount of $28, 095.73. (F: 156.2) 7 . Adopted Resolution No. 93-62 , regarding Authorization to Apply for Grant Funds from the Used Oil Recycling Fund. (F:84. 1) RESOLUTION NO. 93-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT FOR THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS REGIONAL USED OIL COLLECTION PROGRAM. 10. Approved public hearing date of December 14 , 1993, for the following: a. Street Name Change of Railroad Canyon Road to Diamond Drive from Lake Elsinore Diamond to the East City Limits. (F:158.1) ITEMS PULLED FROM THE CONSENT CALENDAR 1. Minutes a. Special City Council Meeting - October 21, 1993. (F:44.4) b. Regular City Council Meeting - October 26, 1993. Councilman Alongi indicated that he would be abstaining on the Minutes of October 21 and October 26, 1993. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 3 TO 0 WITH WINKLER ABSENT AND ALONGI ABSTAINING TO APPROVE THE CITY COUNCIL MINUTES AS SUBMITTED. 8 . Resolution No. 93-63 - Intention for City Initiated Zone Change ZC 93-6 - Chaney Street - Change from R-2 to R-1. (F:172 .2) Councilman Alongi indicated that he would like to see this matter moved to a Study Session for discussion. He noted the annexation of this property in the 1960's with the R-2 zoning in place. He expressed concern that property owners, other than the existing homeowners should be compensated in some way since they purchased the property as R-2 . Mayor Washburn clarified that this resolution was only the first step and even with its adoption a workshop could be held prior to further proceedings. PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 91 1993 MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 92-63. RESOLUTION NO. 93-63 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING A CHANGE OF ZONE FOR TERRITORY LOCATED ALONG THE WEST SIDE OF CHANEY STREET BETWEEN HEALD AVENUE AND HILL AVENUE. 9. LEMA Dues/Budget - Contribution 1994. (F:92. 3) Councilwoman Cherveny noted that $17,500 was budgeted for dues last year and were not needed. She suggested that the funds be reallocated for additional paving of streets such as Kansas Street. She further noted that there is a property owner willing to pay for the curbs and sidewalks, and it would be appropriate to provide the paving. She expressed concern with the upcoming rainy season and the muddy mess this street becomes. MOVED BY CHERVENY TO REALLOCATE THE PAST YEARS FUNDS TO PUBLIC WORKS FOR STREET WORK. THE MOTION DIED FOR LACK OF A SECOND. Councilman Winkler requested clarification of the $17, 500 and the ability to reallocate it. Mayor Washburn suggested that the Administrative Services Director be requested to research these funds and the potential for reallocating them. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE LEMA BUDGET AS SUBMITTED. COUNCILMAN WINKLER ARRIVED AT 7:50 P.M. PUBLIC HEARING 21. Annexation No. 62 , General Plan Amendment 93-2 & Zone Change 93-4 - The Western Company and Annexation No. 68, General Plan Amendment 93-3 & Zone Change 93-5 - The City of Lake„Elsinore. Resolution Nos. 93-64 thru 93-66 & Ordinance Nos. 967 & 968. (F:20.2) (X: 83 . 2) (X: 172 .2) City Manager Molendyk detailed this request and the staff's recommendations. Councilman Alongi asked that the public hearing be separated to hear Annexation No. 62 first and then Annexation No. 68, and vote on each one separately. Mayor Washburn explained that it would take a motion to separate the item or when it came to the motion the Annexations could be split. Mayor Washburn opened the public hearing at 7:30 p.m. and asked those persons who requested to speak to come forward as called: Patricia Lee Nolan, 30620 Plumas, stated her opposition to Annexation No. 62 and Annexation No. 68. She explained that she resents being forced to accept a situation that she finds unacceptable and could alter her way of life. PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 9,, 2993 Lea Routledge, 14505 Amorose, stated her opposition to Annexation No. 62 and Annexation No. 68; and cited the problems the developers are having in selling existing homes. She further stated her opposition because of the impact on Public Safety Services and the potential inability to provide proper services. Mrs. Routledge stated that in an already crowded school situation there are no provisions for more schools provided by the developer. She cited two lots in Mr. Chen's project that are part of the Brookstone Ranch CC & R's and indicated that this needs to be addressed further. Ace Vallejos, 15231 Cobre Street, stated his opposition to the project and explained his objections to the annexations and developments, stating that he wants to see developments compatible with the area. Lee Bulen, 14949 Toft Street, stated his opposition to Annexation Nos. 62 and 68 and explained that he feels that the notices to the public were inadequate. He asked that it be made part of the record that he opposes Annexation No. 68 because he feels that it is an attempt by the City to avoid the statutory process. Mr. Bulen stated that he feels the City cannot provide proper fire, police or school services due to the increased population. He requested that Council include Brookstone Ranch in the boundaries of Annexation No. 62, so that their residents can have a vote and voice in their future. Allan Knight, 30510 Brookstone, stated his opposition to Annexation Nos. 62 and 68, and suggested that the LAFCO requirement for a fiscal analysis had not been met by the developer; as he felt that the developer had understated the fiscal impacts. He noted that the City Manager, at a Study Session in August of 1992 , stated that at 1, 200 units, he did not see how the project could pay for itself. Mr. Knight questioned, now that it is down to 900 units, how it will pay for itself. Mr. Knight quoted Section A, paragraph 11, LAFCO Policies and Standards; "Boundaries should seek to include, rather than split existing identifiable communities, commercial districts, or other areas having social or economic integrity" . He stated that Annexation No. 62, violates this provision by splitting the southern portion from Brookstone Ranch. Gary Glotfelty, United States Forest Service, 1147 E. 6th Street, Corona, stated the Forest Service's opposition to the annexation of 168 acres of public land to the City its zoning as open space. COUNCILMAN WINKLER ANNOUNCED A POTENTIAL CONFLICT AND REMOVED HIMSELF FROM THE TABLE. David Locke, 15025 Monty Court, asked who was paying the fees for Annexation No. 68. He stated that if Laguna Heights is paying for the annexation then it is in violation of the law; and if the City is paying for the annexation then it is an expenditure of taxpayers dollars and should be the responsibility of the developer. he suggested that it might be appropriate to make Annexation 68 part of Annexation No. 62 and it would be the responsibility of the Laguna Heights developers to fund. PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 David Gottlieb, 3546 Carmel, Irvine, representative of the Western Company, stated that he is appearing before the Council to ask their approval of Annexation No. 62, the General Plan Amendment and the Zone Change. He gave an overview and history of the project and the current intent of the development. He explained the annexation of 162 acres of Forest Service land and explained that this is to be zoned Open Space and will not change the use of the area. Mr. Gottlieb explained the Environmental Impact Report and stated that the development area will pay its own way for public safety services and explained the construction of water reservoirs on the development to provide for fire safety. He stated that this project is a Master Planned Community and will enhance the area. He explained that it will be taken to a formal vote of the residents involved and they will be given an opportunity to decide if they wish to be a part of the City. He asked that Council approve this annexation. Ted Kramer, 15077 Patrick Court, spoke in opposition to Annexation Nos. 62 and 68. Hearing no further comments Mayor Washburn closed the public hearing at 8: 01 p.m. Councilwoman Cherveny asked why this was split into two annexations. City Planner Leslie explained that the applicant, Western Companies, proposed Annexation No. 62. The City, based on understanding of LAFCO's policies, then proposed Annexation No. 68 in order to complete the annexation of the area. Councilwoman Cherveny then asked why the City is the applicant for Annexation No. 68. City Planner Leslie explained that LAFCO does not want to create islands, and it was staff s feeling that in order not to create an island, the City should propose Annexation No. 68. Councilwoman Cherveny stated that it is clear to her that the persons in Annexation No. 68 do not want to be annexed. City Planner Leslie explained that when an annexation goes to LAFCO, if there is 25% or more written opposition to the project, then it must go to a vote and in that vote if 50% or more of the registered voters, vote against the annexation, then the area will not be annexed. He noted that LAFCO could still choose to tie the two annexations together, and then everyone would be voting on the same annexation. City Manager Molendyk explained that if Annexation No. 68 is not approved, then LAFCO could include Annexation No. 68 in Annexation No. 62 , and the people would then have less voice in the matter. Councilman Dominguez stated that this issue is now in LAFCO's hands, but the residents will have the opportunity to vote. Councilman Alongi explained that he was an advocate of splitting the annexations in order to give the people a voice in the annexation process. He further stated that he could not vote against this Annexation, since all the City requirements have been met. Mayor Washburn address the public comments regarding the PAGE SIB - CITY COUNCIL MINUTES s NOVEMBER 9 . 1993 ..: change in lifestyle caused by the annexation and stated that the use of horses in the area is not in jeopardy and that the ability to have livestock will be maintained. He further addressed the public safety issue and stated that the solution is not just the increase in law enforcement officers, but also the increased participation of the residents in the community. He stated that he felt that the area seemed to be very conscious of public safety and stated that this would assist in better law enforcement for that area. Mayor Washburn stated that the fear factor of the area in regard to annexation is a concern and he stated that Annexation No. 68 does give the residents the opportunity to vote. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-0 VOTE WITH WINKLER ABSTAINING TO ADOPT RESOLUTION 93-64 FOR THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE ANNEXATION NO. 62 ; APPROVE GENERAL PLAN AMENDMENT 93-2 AND ADOPT RESOLUTION 93-65; AND APPROVE ZONE CHANGE 93-4 AND ADOPT ORDINANCE 967, BASED ON THE FOLLOWING FINDINGS: RESOLUTION NO. 93-64 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 AND CONCURRENT DETACHMENT FROM THE ORTEGA TRAILS RECREATION AND PARK DISTRICT AND CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 62 - THE WESTERN COMPANY" . RESOLUTION NO. 93-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE THIRD CYCLE OF THE CALENDAR YEAR OF 1993 . ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 199 ACRES TO RURAL RESIDENTIAL AND OPEN SPACE (ZONE CHANGE 93-4) , LOCATED ROUGHLY SOUTHWEST OF THE INTERSECTION OF TOFT DRIVE AND GRAND AVENUE: THE WESTERN COMPANY/LAGUNA HEIGHTS. APPROVED UPON FIRST READING BY THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER Findings Annexation No. 62 1. The proposed annexation area is entirely within the City's Sphere of Influence. 2 . The proposed annexation area is contiguous to the City of Lake Elsinore. PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 3 . The project will not result in any significant adverse impacts on the environment. Findings - General Plan Amendment 93-2 1. The approval of the requested designations permits development to the highest and best nature within mitigable means to insure maintenance of the general public health safety and welfare. 2 . Granting of the requested designations will permit reasonable development of the property consistent with its constraints and more compatible with adjacent properties and proposed development. 3 . The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access and constraints. 4 . The proposed change will not result in any significant adverse impacts on the environment. Findings Zone Change 93-4 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2 . This zone change establishes the necessary pre-zoning for this site. 3 . This request will not result in any significant adverse impacts on the environment. MOVED BY ALONGI, SECONDED BY CHERVENY AND FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING TO DENY ANNEXATION NO. 68, GENERAL PLAN AMENDMENT 93-3 AND ZONE CHANGE 93-5. COUNCILMAN WINKLER RETURNED TO THE TABLE. APPEAL 22 . Appeal of Planning Commission Condition„of,Approval No. 24 for R 89-17 Amendment No. 2 (Lewis Homes of California) - the subject site is located at the southeast corner of the intersection of Robb Road and Mountain Street. Continued from October 26. 1993 . (F:21. 1) City Manager Molendyk introduced this item and noted that a meeting did occur on site to review the request. Mimi Ryal, representing Lewis Homes, indicated that she appreciated the opportunity to review the site with the Council. She further indicated that they are willing to provide the block walls or combination block wall/wrought iron fences on top of the large slopes and terraces. She detailed those locations on a map of the site. She also indicated that they would still like to use wood fences on side and rear property lines where they would not be visible. She commented on the fencing adjacent to Mr. Chen's project at the toe of the slope and requested that wood fencing also be allowed at PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 this location, as there will be limited view of them and they would be helpful to drainage. Mayor Washburn indicated that he had visited the site with Councilman Winkler. He noted that the street to Mr. Chen's property should not necessarily be considered a major thoroughfare. Councilman Winkler requested clarification of fencing treatment adjacent to the cul-de-sacs. Ms. Ryal clarified. Councilman Winkler addressed the terraced area near Spruce Street. Ms. Ryal indicated that property is owned by Mr. Chen, but their intent would be block wall at the top of those terraces. She indicated their concern is for the toe of the slope. Councilman Winkler indicated that he was not sure what this request was for. City Planner Leslie indicated that the policy has been for block masonry wall on the perimeter of all projects, however this request is for the perimeter line which is at the base of the slope. He clarified that this might assist drainage in that there is a constant 2 or 3 inch space at the bottom of the fence. He noted that even with block wall it is possible to have a series of tPweep" holes in the fence. Councilman Winkler commented that in the perfect world block wall throughout the project would be desirable, but expressed is understanding of the cost concerns. He indicated that his heinwcxm1derxjois wdMh thbaffncasgomkahUh&it=m thmdstarbbtw, the combination of fencing. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO REJECT PLANNING COMMISSION CONDITION NO. 24 AND APPROVE STAFF RECOMMENDATIONS. Councilman Alongi requested clarification of the block wall requirement where visible from the street. Councilman Winkler clarified that the side fences which are barely visible from the street would be allowed. Councilwoman Cherveny inquired whether the wood fencing would be painted as opposed to bare wood, suggesting that painted fencing has a better appearances Ms. Ryal indicated that they would prefer to treat/seal the bare wood fencing to make it water resistant. She indicated that in her opinion, this provides more protection than paint. Councilwoman Cherveny inquired which development currently has painted fences. Mr. Leslie indicated that Centex has painted fencing. Mrs. Cherveny indicated that those painted fences really enhance the look of the development. Councilman Alongi indicated that sealing the fences is less costly and keeps the fences cleaner longer. He indicated that he would concur that sealing sounds appropriate. Councilman Winkler questioned which would be better for long term aesthetics. Councilman Alongi indicated that sealing would be better to keep water from permeating the wood. Ms. Ryal concurred that sealing tends to last a bit longer than PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 painting. Councilman Winkler suggested leaving this decision up to staff to determine the best alternative. With concurrence of the second, this matter was added to the motion. Councilman Alongi noted a letter received from David & Trish Rupple on this matter. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE TO REJECT PLANNING COMMISSION CONDITION NO. 24 AND APPROVE STAFF RECOMMENDATIONS AND AMENDMENTS AS FOLLOW: THAT SIX FOOT (61 ) HIGH MASONRY WALLS SHALL BE CONSTRUCTED ALONG ALL SIDE AND REAR PROPERTY LINES WITH THE FOLLOWING EXCEPTIONS: THAT WOOD FENCES AS PROPOSED BY THE APPLICANT MAY BE ALLOWED ON ALL INTERIOR SIDE PROPERTY LINES AND ON THE REAR PROPERTY LINES OF LOTS 4 AND 5 OF TRACT 19750-3 ONLY. MASONRY OR BLOCK WALLS SHALL BE USED ON ALL EXTERIOR SIDE PROPERTY LINES ADJACENT TO THE PROPERTY LINES ADJACENT TO A PUBLIC RIGHT-OF- WAY OR THAT FORM THE TRACT OR PROJECT BOUNDARY; THAT THE REAR PROPERTY LINE FENCE FOR LOTS 21, 22, AND 23 OF TRACT 19750-1 (THE MODEL AREA) MAY BE A COMBINATION BLOCK WALL (BOTTOM PORTION) AND WROUGHT IRON (TOP PORTION) ; THAT THE ABOVE EXCEPTIONS ARE ONLY APPLICABLE TO THE MODEL SITE AND PHASE I, ALL OTHER SUBSEQUENT PHASES SHALL BE SUBJECT TO SEPARATE REVIEW AND APPROVAL; AND TREATMENT OF WOOD FENCING, WHETHER PAINTED OR SEALED, SHALL BE SUBJECT TO REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE. BUSINESS ITEMS 31. Century Homes Project Fencing - Located in the Summerhill Development at the Northeast Corner of Summerhill Drive & Canyon Estates Drive. (F:80. 1) City Manager Molendyk noted that Councilman Winkler and Mayor Washburn had met with staff and Mr. Reinen at the site. Robert Reinen, representing Century/Crowell Communities, noted the report submitted to Council detailing fencing costs. He further noted that the fences being discussed are in the completed Phase I and currently the second phase is under construction. He commented that any change in fencing would represent a change in conditions from those in place when the homes were purchased. Mayor Washburn requested clarification of the costs presented. Mr. Reinen explained that a block wall fence would need to be eight feet tall with two feet below ground for footings. Mayor Washburn noted a cost spread from $2, 300 to $15,000 per lot. Mr. Leslie further clarified the lot breakdown and associated costs. Mayor Washburn indicated that his understanding was that the applicant is saying they received the approvals and met the conditions and any changes would have to be done by the City. Mr. Leslie clarified that there is some question as to whether the conditions have been met. Councilman Winkler noted the action at the previous meeting to PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 91 . 399.3 .' ' stop building until the conditions have been met. He detailed Planning Commission condition #28, and noted that it doesn't say the Community Development Director can'approve'wood fences on the right-of-way. He stressed the visibility of the wood fencing from Railroad Canyon Road and noted the Council has the right to stop construction and demand that the developer comply. He further noted that the City might have to replace the portion that has already been sold at an estimated cost of $12, 000 per lot and indicated he would consider that. He also noted that if the City formally allowed something against policy to happen, he would not be opposed to considering action to correct it. He expressed concern that after discussion of this item began, additional fencing appeared to go up quite quickly. He indicated his gut reaction would be to continue with the same motion preventing further construction until conditions are met. He indicated that he was not excited about assisting with phase two fencing, but if necessary he could only see assisting with the excess costs. Councilman Alongi indicated that he would agree with Councilman Winkler on this item; if the Planning Commission recommendation was to not use wood fencing in the visible areas He disagreed, however, with the use of taxpayers money to trespass on private property to correct this. He stressed that the contractor was conditioned and the work should have been done in compliance. Councilwoman Cherveny inquired whether the City Attorney had reviewed this issue; and suggested that if the condition was in place, the developer should be held to compliance. She concurred with Councilman Alongi that she would not agree with using City funds to correct the fencing. She further indicated that if the developer had complied the City should accept it, however, she would question whether the developer had complied. City Attorney Harper indicated that he was not certain what approval staff might have given, however, the staff has no legal ability to allow something contrary to the conditions. He noted that there are a number of options to require compliance including refusal to issue permits or Certificates of Occupancy until compliance is reached. He noted that it is more difficult to address the properties already sold. Mr. Reinen concurred with Mr. Harper with regard to the first phase which , has been sold. He noted that the second phase plans had been submitted and reviewed with comments returned to them. He further noted that at that time two block walls were extended by 20 feet. He indicated that he feels they received review on behalf of the City and he would disagree that the developer is the guilty party. Councilman Winkler indicated that they could address the project by phases, but there is an outstanding motion to stop construction. MOVED BY WINKLER, SECONDED BY CHERVENY TO REAFFIRM THE PRIOR MOTION TO STOP CONSTRUCTION AND REQUIRE THAT CONDITION #28 BE COMPLIED WITH BEFORE ADDITIONAL PERMITS OR CERTIFICATES OF OCCUPANCY ARE ISSUED. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 9.. 1993 Councilman Alongi indicated that he would like to see that no City staff will alter the Planning Commission or City Council approvals. He stressed that this type of situation should not happen again. Mayor Pro Tem Dominguez inquired whether staff understood Council's direction. Councilman Winkler indicated that there had been discussions of block walls and combination fencing for reasons of privacy and visibility. He noted that another option would need to be explored for the properties which have already been sold. He stressed the City's interest in providing a good product. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Councilman Winkler recommended consideration at a future City Council meeting, but indicated he would like to have staff look at the first phase and come back with cost estimates and alternatives for replacement of the wood fencing. 32 . Award of Contract for Lakeshore Drive & Chaney Street Widening. (F:156.2) City Manager Molendyk explained this item, noting that the residents had approached the City concerning future alignment of Chaney Street. He further explained that as a result additional concerns were raised that needed to be addressed on at least a temporary basis. He also explained that the Outflow Channel project will be further impacting Chaney Street, when it is used as a detour. He noted new information that the residents would be interested in participating financially to ensure the project is completed with concrete curbs and gutters. Public Services Director Tecca noted that three alternatives were presented to the residents and Council at a work session. He further noted that this project for major intersection improvements had been bid and was being recommended for approval. He also noted that this was being considered as an interim improvement. He indicated that the same project with concrete curbs, gutters, etc. would cost about $276, 000. He explained that with an assessment district, spreading the cost over 20 years, the total cost would be about $600,000, divided by 20 lots, would be $30, 000 per lot over a period of 20 years. Mayor Washburn indicated that this was not feasible and questioned the bids received and the extent of the improvements. Mr. Tecca explained that all of the improvements will be temporary and would need to be removed before permanent improvements are done. He further explained that the minimum is proposed to assist during the detour, and permanent improvements could not be designed and completed in time for the detour. Councilwoman Cherveny inquired whether the use of Townsend was an alternative for this detour, in that it is already widened and improved. She stressed that it is only needed for 90 days and it would only require placing the left turn pocket on Lakeshore. PAGE TWELVE - CITY COUNCIL MINUTES NOVEMBER 9� 19.93 Mr. Tecca indicated that it is normally not appropriate to detour on a local street. He stressed that Chaney is dedicated as an arterial street, but indicated that legally Townsend could be used on a temporary basis. He noted the number of units on Chaney vs. Townsend and indicated that there are nearly the same number of on each. Councilwoman Cherveny noted that they do not all face Townsend. Mr. Tecca indicated that the number facing Townsend is comparable to the number facing Chaney. He noted the severity of the crest of the hill on Townsend and other difficulties with use of that street. He indicated that it would require more work to improve Townsend, but it might save $10, 000 to 20,000. Mayor Pro Tem Dominguez noted that the asphalt sidewalks have been satisfactory as installed on Lakeshore. He indicated that he feels the residents would be happy with them. Councilman Alongi questioned the potential for straightening the curve on Chaney Street. Mr. Tecca indicated that the pepper trees will be removed and the stop sign will be relocated to improve the visibility in this area. Mr. Alongi questioned the potential for traffic backlog on Chaney Street. Mr. Tecca detailed the proposal of Caltrans for detours using Lake Street and Main Street and diverting much of the traffic from Central. Councilman Alongi requested clarification of the stop sign relocation. Mr. Tecca advised that it will be moved up the hill about 50 feet from one leg of Sumner to the other. Councilman Alongi expressed concern that this would defeat the original purpose of the stop sign. Mayor Washburn concurred with the concern for doing the project right and indicated that he would also like to see it done right before the detour, but he would not have a problem with the temporary improvements. He indicated that in the long term it is important to do the concrete improvements and stressed the need to target that area. He further stated that he would like to see those improvements now, but it is cost prohibitive. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE LOW BID OF $84, 706. 60 AND AWARD THE CONTRACT FOR THE LAKESHORE DRIVE AND CHANEY STREET WIDENING PROJECT TO R.J. NOBLE COMPANY. 33 . Downtown East Residential Area Parking & Circulation _- Resolution Nos. 93-67 & 93-68. (F: 112. 1) City Manager Molendyk indicated that this item was initiated by Council, however a number of questions have come up. He suggested that this matter be continued to a Study Session. MOVED BY WASHBURN, SECONDED BY ALONGI TO POSTPONE THIS ITEM TO ALLOW FOR A WORKSHOP. City Manager Molendyk indicated that the City Clerk would coordinate this item for an upcoming study session. Councilwoman Cherveny suggested notification to downtown residents. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 91 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. COUNCILMAN WINKLER LEFT THE MEETING AT 9: 00 P.M. DUE TO ILLNESS. 34 . Temporary Runway - Skylark Airport. (F;14. 1) City Manager Molendyk indicated that this request relates to runway 1/19 which was previously discussed at a special meeting prior to the Autumnfest events. He explained that this consideration is for use of that runway on a longer term basis. Richard Beckner, 32425 Cape Code Drive, commented that he is interested in aircraft and that was part of his reason for moving to the community. He noted that statement he was required to sign prior to moving in acknowledging his knowledge of the airport proximity and flight patterns. He indicated that he has circulated petitions in support of this runway and has received 100% support in his neighborhood. He also noted that the residents like the air activity and like to see the gliders and parachutists. Mayor Washburn commented that it was good to hear that the homeowners were aware of the statement regarding aircraft. Mr. Beckner stressed that he moved in for that reason. Mayor Washburn noted receipt of the petitions. Curly Annis, 33445 Skylark, advised that he is the Operations Director for the airport and noted the interest in pursuing additional activities. Annie Johnson, 37 Silver Saddle Lane, Rolling Hills, advised that she has gone door to door in the Serenity Tract and another tract and has heard nothing but positive regarding this request. She noted that many of the residents indicated that they enjoy watching the parachutists and gliders. George Sedillo, 37 Silver Saddle Lane, Rolling Hills, expressed appreciation to the Council for hearing their requests He expressed his interest in holding events and exposing people to aviation. Mayor Washburn clarified that this had been heard briefly at a study session, but placed on this agenda to ensure that the public has been informed. Councilwoman Cherveny thanked Tony Brogdon for his efforts to notify the residents and noted that there were approximately 110 signatures of residents in support of the runway. She detailed the conditions proposed in the staff report and requested revisions (highlighted) as follow: 1. Skydive California notify the Serenity Development & Jean Hayman School prior to resuming sky diving or gliding at Skylark Airport. 2. Skylark Airport/Skydive California, provide the City of Lake Elsinore with a copy of their insurance, in the amount of $1 million, showing the City of Lake Elsinore, as additionally insured. 3 . Skylark Airport/Skydive California, secure a Letter of PAGE FOURTEEN- CITY COUNCIL MINUTES NOVEMBER° 9,i:.199'.3 Approval from the Department of Transportation, Division of Aeronautics to use runway 1/19 as an active runway for sky diving and gliding. 4 . Skylark Airport/Skydive California secure written approval from the Sheriff's Department to use runway 1/19. 5. In the event the water again rises, to close 1/19, the original conditions would remain on runway 3/21 and only Mr. Perkins, Skylark Aviation, would be allowed to land and take off. 6. Runway use is limited to a Cessna-182 and a Polish Wilga aircraft operated by Skydive California. No other aircraft is authorized to use the runway, pursuant to the Department of Transportation Letter dated October 22, 1993. 7. Require that the airport provide a boat for parachutists that might come down in the water in the back basin, as a safety measure. Councilman Alongi noted previously discussed concerns with the ability to turn and clarified that although the residents of Serenity were advised of the airport, the runway went in a different direction at that time. Mayor Pro Tem Dominguez indicated that Jean Hayman is addressed by Caltrans. He commented that he heard nothing but positive comments about the Autumnfest. He indicated that this appears to be something the community appreciates. Mayor Washburn inquired whether there would be any problem with the proposed revisions to the conditions. Tony Brogdon, Manager of Skylark Airport, advised that Jean Hayman School has been notified. He further advised that the condition concerning the return of high waters was appropriate. He indicated that with regard to the emergency equipment for parachutists downed in the water, there is no legal way to put a boat in that water. He further indicated that he would hate to see this placed as a requirement when there is no legal way to do it. Councilwoman Cherveny requested clarification that this would be illegal. Mr. Brogdon indicated that his understanding is that it would not be legal to do so. City Attorney Harper commented that it would most likely not be allowed, but offered to investigate. Mr. Brogdon indicated that it was his responsibility to designate what is safe, under his permits with Caltrans. Councilwoman Cherveny questioned the letter of October 22, 1993, from Caltrans limiting the aircraft which will be allowed. Mr. Brogdon indicated that condition was for the Autumnfest, particularly the Polish Wilga. He indicated that his request to Caltrans was that he be allowed to determine what is safe. He explained that the Twin Otter takes off shorter and turns better than the Cessna. He stressed that PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 9, 1993 the letter of October 22, 1993, was in reference to the Autumnfest, based on a call to Caltrans prior to the event. Councilwoman Cherveny requested that the City receive a copy of the new letter. Mayor Washburn suggested issuance of a new letter naming the appropriate aircraft. Mr. Brogdon indicated that he would have that clarified. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE REQUEST UPON RECEIPT OF THE LETTER FROM CALTRANS AND SUBJECT TO THE CONDITIONS PREVIOUSLY DISCUSSED. Councilwoman Cherveny stressed the necessity of providing an insurance certificate to the City. 35. Draft Amended Cardroom Ordinance No. 969. (F: 34 . 1) City Attorney Harper explained that the City has been approached by several interested parties for the ability to license additional card rooms within the City of Lake Elsinore. He further explained that some years ago, prior Councils amended the Ordinance to eliminate that possibility. He clarified that under the current Ordinance there is only one license allowed, and if it goes out of business then there will be no card rooms allowed. Mr. Harper stated that the Ordinance was redrafted to give the Council the ability to approve additional card rooms if they meet the criteria set by the Council, such as financial feasibility and the design of the project. He explained that this provides an option to the Council. City Manager Molendyk explained that the City has two potential applicants that would like to introduce their concepts to the Council and show why they feel that Council might want to modify the existing Ordinance. He suggested at the request of Diamond Resorts and Lake Elsinore Hot Springs that the Council receive presentations regarding their proposals. Mayor Washburn called on those persons requesting to speak as follows: Greg Block, 320 Oakbranch Drive, Encinitas, representing ERC Group, Diamond Resort, explained that in the package presented to Council there are financial projections, economic design details and the proposed plan, which is designed for a family oriented designation resort. He explained that at complete buildout it will be a $20, 000, 000 project which would provide 300 jobs and generate approximately $750, 000 in tax revenue annually for the City once the project is in full operation. Mayor Washburn clarified that what Council is addressing tonight is not the project, but rather changes to the Card Room Ordinance. Kim Quan, Studio Seven Architect and Planning, Fullerton, representing Diamond Resort explained that the project is PAGE SIXTEEN - CITY COUNCIL MINUTES NOVEMBER 9, 1993 bounded on the west by Camino Del Norte, on the east and south by Diamond Way (Elsinore Ridge Road) . It is a 16 acre site which is proposed to be developed in two phases. The first phase would be the resort and conference center and the second phase would be the hotel project. Mr. Quan gave an overview of the proposed building plans which utilize the architectural style and theme of the baseball stadium. Allan Baldwin, 16496 Lash, commented that he is in favor of the amendment of the Ordinance. He explained the proposed Lake Elsinore Hot Springs Resort and the assets it will lend to the downtown area, as well as encouragement to proceed with the redevelopment and revitalization. Mr. Baldwin stated that it would create new jobs and increase tourism to the downtown area. He ask that Council consider the amendment to the Ordinance in order to encourage new development. Jun Park, Architect for the Lake Elsinore Hot Springs Resort, explained the main purpose of the resort is to utilize the indoor and outdoor activities available to the public. He explained that the resort would offer hot mineral soaks and mud baths, as well as family oriented water sports. Mayor Washburn explained that Council is looking at a modification of the existing Ordinance, which would also include an increase in fees and a change in the liquor regulations. City Attorney Harper explained that the rest of the changes are to clean up the language of the Ordinance and to change the section that addresses the requirement for a U.S. Citizenship to hold a license, which is no longer pertinent. Mayor Washburn questioned the section that states that "More than one permit may not be held by a single person. ", and asked if this should state corporation. City Attorney Harper stated that it "person" is defined to cover that issue. Mayor Washburn questioned the impact of the new fee structure on the owners of the existing casino and asked if there might be some type of provision made to allow them to work into the level of fees that the new Ordinance requires. He explained that the City worked with the past owner to help acquire the new owners for the casino and he felt that it would not be fair to hit the new owners with the fees immediately after they acquired the Casino and suggested it be phased in. City Attorney Harper explained that he felt that it would be approximately two years before any other project would be on line, and therefore a phasing in of the fee will not have a negative impact on the other potential resorts. He explained that this is a draft Ordinance and can be changed to adjust to the Council's desires. Councilman Alongi commented that his concern is in protecting the present operator of the Casino, as they are spending a tremendous amount of money to upgrade the Casino and it would not be right to impose the new fees. He explained that he feels that the new fees should start when their project is complete. PAGE SEVENTEEN - CITY COUNCIL MINUTES - NOVEMBER 9f 1993 Councilman Dominguez commented that ;there are ' different scenarios ' that can be used to approach the Casino and an extension of five years could be awarded to compensate him for the amount of money and time spent to facility. upgrade ` the current City Attorney Harper asked for clarification and inquired whether the new fee structure should not be impos Casino is complete ed until the , and indicated that the other question is whether more casinos should be allowed. He explained that fees for the Casino have been discussed several times in the past years and with the development of the stadium and Lake Management, this will create a new market and fees should be appropriate. Councilman Alongi explained that right now the new owners do not have to do the improvements that they are doing and he wished to encourage this action, not discourage it. $e indicated he would like to see the improvements continuing on this site and not burden them with increased fees until such time as the Casino has finished its improvements. Councilwoman Cherveny suggested that the City Attorney have a conversation with the current manager of the Casino. City Attorney Harper stated that there was an alternative, being if the Council was in general agreement with the Ordinance, excluding the fees, they could adopt the Ordinance to give the City the ability to approve other al licenses. He indicated that this would poteother developers a signal as to what the City will doe the other Councilwoman Cherveny asked what the basis was for not serving liquor at the gaming tables. City Attorney Harper explained that the 'ono drinking+) provision was common to cities with small operations in the past. Councilwoman Cherveny then asked if it was acceptable for drinking at, card tables now. City Attorney Harper stated that as a general rule it was. She asked if it was common for fees to be quarterly basis. collected on a City Attorney Harper stated that it was. Councilwoman Cherveny then asked if the card room was going to maintain its table count at 30 tables. She stated that she did not have a problem with the Ordinance, and the only concern she had was with the liquor, but it should be consistent with other card rooms. Larry Regis, Lake Elsinore Resort and Casino, 20903 Malaga Road, explained that his firm has not had an opportunity to review the Ordinance and asked that they be given a chance to study the material prior to the Council taking action. MOVED BY CHERVENY, SECONDED BY ALONGI, TO CONTINUE THE DRAFT AMENDED CARDROOM ORDINANCE NO. 969 FOR TWO WEEKS FOR FURTHER CONSIDERATION AND CHANGES TO BE REVIEWED BY THE CITY ATTORNEY. Councilman Alongi explained that he does not have a problem with the Ordinance or fees, but he stated that he feels that Mr. Regis should be given an opportunity to review the Ordinance and consideration should be given for the effort that is being expended to improve an existing business. PAGE EIGHTEEN -- CITY COUNCIL MINUTES NOVEMBER ,9';0; 190..3 John Giardinelli inquired why there could not be a first reading of the Ordinance at this meeting, and if there are changes to the Ordinance, then it could return for another first reading. But, if there are no changes to the Ordinance then it will return for a second reading. He suggested that this would allow all interested parties to go forward with their plans. Councilman Alongi explained that he felt that two weeks was not going to make any difference to the potential applicants and that it is a courtesy that should be extended to the existing card room owner to give him the opportunity to review the Ordinance. Mayor Washburn then called for the vote. THE FOREGOING MOTION FAILED BY A 2-2 VOTE WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES. Mayor Washburn stated that he felt that it should be at the discretion of the City Attorney and explained that if there are _ changes from further review then it will return for another first reading. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN, TO APPROVE THE DRAFT AMENDED CARDROOM ORDINANCE EXCLUDING 5.28. 060. Councilwoman Cherveny asked for clarification as to whether all of the amendments listed in the Ordinance except fees will stand. Mayor Washburn indicated they would. ORDINANCE 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28 OF THE MUNICIPAL CODE REGARDING CARD ROOMS AND PROVIDING FOR RULES AND REGULATIONS CONCERNING EXISTING LICENSES. AYES: COUNCILMEMBERS: DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: WINKLER ABSTAIN: COUNCILMEMBERS: NONE MOVED BY WASHBURN, SECONDED BY CHERVENY, AND CARRIED BY VOTE OF 3 TO 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO CONTINUE THE DRAFT AMENDED CARDROOM ORDINANCE NO. 969 FOR TWO WEEKS FOR FURTHER CONSIDERATION AND CHANGES TO BE BROUGHT BACK TO COUNCIL FOR FIRST READING. 36. Methodist Church Parking Lot - Discussion requested _by Councilman Winkler. (F:134. 10) Mayor Washburn noted that this was requested by Councilman Winkler and in his absence would recommend obtaining additional information and deferring the item for two weeks. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THIS ITEM FOR TWO WEEKS. PAGE NINETEEN - CITY COUNCIL MINUTES - NOVEMBER 91 1993 Councilman Alongi stressed the need for more information. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. CLOSED SESSION None. ADJOURNMENT THE CITY COUNCIL MEETING WAS JOURNED AT 10:20 P.M. TO WEDNESDAY, NOVEMBER 10, 1993 , AT 3 :00 M. FOR DISCUSSION OF THE OAK GROVE EQUITIES (WALMART) SITE. GARY WASHB , MAYOR CIT F LAKE ELSINORE A TEST: I KASAD,��ITY LERK CITY OF LAKE ELSINORE i MINUTES i JOINT ADJOURNED REGULAR CITY COUNCIL/ PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 1 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, NOVEMBER 10, 1993 i CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Washburn at 3: 31 p.m. ROLL CALL PRESENT: COUNCILMEMBERS : ALONGI, CHERVENY, DOMINGUEZ, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE PRESENT: COMMISSIONERS: BRINLEY, BULLARD, METZE, NEFF, WILSEY ABSENT: COMMISSIONERS: NONE. I Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Community Services Director Sapp, Public Services Director Tecca, Special Projects _ Coordinator Wood, Manager of Special Projects Watenpaugh, and City i Clerk Kasad. I BUSINESS ITEM City Manager Molendyk advised that he had two additional items to be added to the agenda. One being a letter from the Chamber of Commerce asking the City to Co-sponsor the Miss Lake Elsinore Pageant Contest. The Chamber explained that they needed an answer as soon as possible in order to start publicity. The second item being from Western Classic, is requesting use of the City water truck in order to prepare for their Pro Circuit Rodeo the end of this month. They are asking for use of the Water Truck for 16 hours, to implement dust control . Mr. Molendyk explained that he had checked with the City Attorney and the Risk Manager, and it was decided that the only way that it could be done is with a City driver. He recommended that if the Council does approve the use of the water truck it would be the City truck with a City driver. The cost for this would be approximately $800 . 00. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADD TO THE AGENDA THE REQUEST OF THE CHAMBER OF COMMERCE TO CO-SPONSOR THE MISS LAKE ELSINORE PAGEANT AND THE REQUEST OF WESTERN CLASSICS TO USE THE CITY WATER TRUCK. 1 . Co-Sponsor Miss Lake Elsinore Pageant - Request by Lake Elsinore Valley Chamber of Commerce.. City Manger Molendyk explained that the Chamber of Commerce would like to hold the pageant at the Community Center and on Saturday, February 26 , 1994 and has requested that the City provide the Community Center at no charge. He further explained that last year they had to go outside the City to hold their event. 7 1 ------ i PAGE TWO ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE CO-- SPONSORSHIP OF THE MISS LAKE ELSINORE PAGEANT WITH THE LAKE ELSINORE CHAMBER OF COMMERCE. 2. Request of Western Classic Productions to use the City water truck. City Manager Molendyk explained that this request was made by Western Classic Productions to mitigate dust at the Rodeo grounds , at the Central/Collier site for Saturday and Sunday, November 20th and 21st. Mayor Washburn explained that he had met with Warren Alstatt and discussed the concerns of Western Classic productions. He stated that he did not have a problem in assisting in this manner. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS I VOTE TO APPROVE THE REQUEST OF WESTERN CLASSIC PRODUCTIONS TO USE THE CITY WATER TRUCK WITH A CITY DRIVER AT THE RODEO GROUNDS. 3 . Lake Elsinore City Center Project (Oak Grove Equities) . City Manager Molendyk presented the site plan proposed by Oak Grove Equities and explained that the City Council and Planning Commission, based upon both boards approvals voiced several expectations regarding entry statements , landscaping and the view of the project from the freeway. The developer has asked to eliminate some of the landscaping due to grading problems on the site, as well as , a change in the type of walls . Mr. Molendyk explained that he felt that the changes were substantial enough that they needed to come back before both the Planning Commission and the City Council to allow a unified thought in regard to the project. Mayor Washburn asked that Council and Planning Commission pay close attention to this presentation, because there are several small details that will need decisions and are important to the project and its appearance. City Planner Leslie explained the site plan and the difference in elevation between the site and Grape Street. He further explained the transition between the retaining walls, crib walls and building along the drive-way approach. Councilman Dominguez asked if the traffic circulation would be affected by the change in the crib and retaining walls . City Planner Leslie stated that it would not . Mayor Washburn asked if the area being discussed was the main entrance. City Planner Leslie stated that it was not. Commissioner Wilsey asked City Planner Leslie if the crib wall that they are suggesting would have to be tiered. City Planner Leslie stated that it would. Mr. Wilsey asked if the change in the entry would affect the entry or the monument signage. City Planner Leslie explained that it would not. Commissioner Brinley asked how much landscaping the City would loose. City Planner Leslie stated that it would be approximately half the landscaping, although the top of the project does pick up some landscaping. Commissioner Neff asked what the difference was between the height of the crib wall and of the retaining wall. City Planner Leslie stated that there was no difference. i i PAGE THREE ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING l NOVEMBER 10, 1993 Craig Schleuniger, representing Oak Grove Equities, explained that it is 25 to 30 feet in height. Mayor Washburn asked if the grade of the entrance was 6% to I 8% . City Planner Leslie stated that it was . E _ City Manager Molendyk suggested that all entrances should be ` treated as main entrances . Councilman Alongi asked how much cost difference there is between the two entrances . Commissioner Neff asked if the City Planner had seen a crib wall combined with a block wall . City Planner Leslie stated that he can visualize the wall , but he doesn't recall ever seeing one. Commissioner Bullard asked if the retaining wall would rise the same as the drive. City Planner Leslie stated that it would. Commissioner Metze asked if there was more maintenance required for a crib wall . City Planner Leslie explained that on a crib wall there is the landscape maintenance because something must grow on it, the retaining wall must be painted and kept clean. Mr. Metze asked if the maintenance is the responsibility of the owner or the City. Mr. Leslie explained that it is the responsibility of the property owner. Commissioner Brinley asked how the City could make the owner maintain the landscaping and what can be done especially on a crib wall . Mayor Washburn explained that a retaining wall and a crib wall will do the same thing, just one is a blank wall and the other is landscapzed. Commissioner Wilsey explained that the developer will be spending a great deal of money on landscape and it behooves them to do a proper job and maintain the landscaping to enhance their ability to rent. Commissioner Brinley explained that when this project was presented and passed she felt that it was a class "A" project and would be visible to the entire community; she suggested that it should be the best possible project that can be done. She further explained that she knew that there was going to be some crib wall , but there was plain wall to keep maintenance checked. City Manager Molendyk explained that the project meets the minimum requirement for visibility, but is not the best approach. Commissioner Metze asked if they would be looking at bus stops . The developer has been conditioned to meet with the RTA to work out the bus stops . Commissioner Wilsey noted that they have taken away from the entry wall and because of the crib wall have moved the monument and changed the look of the project . He stated that he has not seen the developer moving the two buildings back and the crib wall in. Mr. Schleuniger explained that the reason for using any type of wall , crib or retaining is to conform to the slope which is a 30% grade. PAGE FOUR ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 Commissioner Metze asked what the dollar savings would be to make such a difference to the project. City Manager Molendyk asked what the big wall would cost versus what the little wall would cost. Commissioner Neff - explained that it would be easier to go with those two pads and go with a two to one grade, but the parking limitations affect this action. Commissioner Wilsey asked if the project is that close to the parking limit. Milt Freeman explained that the monument sign is still in place, but it is just in a slightly different location. The overturn of the 20 foot wall for footing is what has caused the change which would cost at least $100,000. Commissioner Wilsey asked what the calculations would be for a crib wall versus a retaining wall . Staff explained the retaining wall would be straight up and down, whereas the crib wall would be two to one. Mr. Freeman explained that there would be approximately ten feet less . Mr. Wilsey stated that if the pads could be moved slightly back and hit a happy medium between the base of the crib wall and the top and still not adversely affect parking. Mr. Freeman explained that they are at the limit for their parking requirements . Mr . Schleuniger explained what the revision was and why they were asking for the change . Councilwoman Cherveny asked if what we approved was for 30 feet and now there is 9 feet. Staff concurred. Councilman Alongi asked how Oak Grove Equities could come before the Council and Planning Commission and not know the amount of parking that would be lost, how much space would be lost on the building, or the cost . Mr. Alongi stated that the City is going to contribute quite a few dollars to this project and he would like to know what is going to be exchanged. He stated that as a developer these facts should have been available at this time and there is quite a savings for Oak Grove Equities . Mr. Freeman explained that there are two different owners, so the pad cannot be moved, because the adjacent property is owned by someone else. Councilman Alongi stated that perhaps Oak Grove Equities should contact Wal-Mart and see if they can buy some of that property next to their location, in order to move the pads . . Commissioner Wilsey asked if there was a reciprocal parking agreement and whether it would solve the problem. Mr. Schleuniger explained that in their CC & R's it does not call for a reciprocal parking agreement . City Planner Leslie stated that the site actually has more parking than what is required; that is the overall parking. Commissioner Wilsey stated that from his perspective there is a much nicer visual approved plan than what is proposed. He stated that he would like to see some visual enhancement on the crib wall for example. Commissioner Metze asked what the effect on visibility is going to be coming and going. PAGE FIVE ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 . Mayor Washburn stated that Mr. Tecca will answer visibility issues, but he cautioned the Commissioners and Council that the purpose of this meeting is to come to a decision and not to this issue. The reason for the final decision is postpone that the applicant must meet deadlines with their agreement to Wal-Mart regarding the pads and there is a certain amount of dirt that is coming off that site for the baseball stadium. They also have to pin where the pilaster placement is going to be. This is to answer the footing requirements. A retaining wall must be built first before a crib wall can be built on top of it. Mayor Washburn stated that until a decision is reached by Council and Planning Commission the project is dead in the water. Commissioner Brinley agreed with Commissioner Wilsey and Councilman Alongi and she stated that she understood that there was a cost problem, but she felt that this was an issue known by the developer prior to attending the meeting. She explained that this amounts to over a $100,000 change and she { wondered what else they would not be able to afford. Councilwoman Cherveny explained that this was supposed to be one of the corner stones of the community and like the stadium it would be a first class project; and after a lengthy review process by both the Planning Commission and Council and promised funding through the Redevelopment Agency, they are coming back to cut corners . She stated that this was not suppose to be a run-of-the-mill Wal-Mart, but rather a unique project, better than an others . Councilwoman .and first class pr � , Y Cherveny explained that these requested changes, caused her real concern. City Manager Molendyk explained that this is a major entryway to the City and he wanted Council and Planning Commission to have a clear idea exactly what type of project they will be getting. He stated that the City is learning by doing and that the Outlet Center has had its share of problems, and he E wants Council to know exactly what they will be getting. He stated that 30 feet of grass is a lot different than 9 feet of i grass . Mayor Washburn stated that the second rendering shows it going from 30 feet to 9 feet of grass and if it is a question of aesthetics then planters can be added and a flat retaining wall can be added to give a facade look; and the only thing that would be lost is the depth of the extra 10 or 12 feet. Councilman Alongi stated that looking at the second rendering { is like going from Tuscany Hills to Low Income Housing. He explained that moving the retaining wall 5 or 6 feet still gives the City 25 feet of set back from the street of grass area. He asked that he be given an exact amount of footage that they want to use. If the retaining wall can be brought ' forward to give the necessary amount of area for the building then there is no need for the crib wall. Councilman Alongi stated that what is really being discussed is cost and not moving things around. He asked the developer how much room are they looking for to place the building. Mr. Freeman stated that he is really not looking for more square footage. He -explained that the change is for constructability. Councilman Alongi stated that he wished to have the retaining wall addressed and not the crib wall . He asked what is restricting the developer from building the retaining wall . I PAGE SIX ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 Mr. Schleuniger explained that it is very difficult designing and constructing the retaining wall. Councilman Alongi commented that there are a lot of things that are difficult, but it can be done. He stated that it is -. the cost that is being discussed. He stated that when the I developer brought the project to the Planning Commission and Council, the cost was there; and this should have been discussed at that time and not now. Councilman Alongi pointed out the difficulty of air conditioners and how they had resolved that issue and he suggested that they meet with Wal- Mart to resolve the parking problems, so that there is no need for change. He stated that there seems to be a habit of fast tracking, and he feels that if it delays the project slightly, then at least it will be done right. Public Services Director Tecca explained that looking at the plan, entry "B" will be signalized and the entry that is being discussed is not signalized; and the entry with the signal will attract more people. He explained that the street goes down hill, and yet the parking lot remains level and it causes a major grade difference. The public who will be leaving the parking lot will have a tunnel feeling and they will be making a left or right hand turn with traffic coming from the signal . Mr. Tecca explained that they meet minimum requirements of 30 feet visibility, but the more visibility they have the better the public will feel . Councilman Alongi asked if Public Services Director is talking in favor of the project or not. Public Services Director Tecca commented that if the original wall was built, 30 feet back there would be a lot more open area for the intersection. Councilman Dominguez asked whether even with the alterations, it still meets the safety requirements. Public Services Director Tecca stated that it does . He further explained the minimum requirements . Councilman Alongi asked why a signal light was not placed at that intersection. Public Services Director Tecca explained that originally it was designed for access for trucks, services vehicles and that type of use; but now it has been upgraded for public use and it was no:, advisable to place a traffic signal at that location be•;duse it cannot be timed properly. Commissioner Metze asked if the City needs to keep more visibility in that location because there are no traffic signals . He stated that he felt that the developer wanted the middle one to be the main entrance, but the other is the first entrance that the public comes to. k Mayor Washburn asked how much the plan has changed from the original plan, in visibility, to the new plan. City Planner Leslie advised that it was 21 feet difference. John Myhre, Nashland Engineering, commented on how good the j proposal will look; and explained that it was an error in engineering, that they didn't realize how difficult it would be to go from a retaining wall to a crib wall . Councilman Alongi stated that he did not feel that the question was how beautiful or not beautiful a crib wall is, i PAGE SEVEN ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 nor aesthetics; the question is the difference in set back and the loss of visibility. Mayor Washburn explained that he was concerned with the project at Tuscany Hills and it turned out beautiful; and on the other hand projects that he had concerns in regard to became reality. Councilman Alongi explained it is the quality of the product and all these problems should have been seen at the engineering stage. John Myhre explained that one of the concerns of a Planning Commissioner was the appearance of the project and he wished to assure everyone that it will be a very attractive entrance. Commissioner Brinley explained that the major concern she has is with the maintenance and up-keep of the crib wall . Councilman Winkler stated that problems can be addressed by Ordinance and Code Enforcement if they should arise. He explained that the concern is legitimate based on past projects . i Commissioner Metze stated that a retaining wall is designed to keep dirt back and questioned the function of a crib wall . Mayor Washburn explained the difference between a crib wall and a retaining wall . There was general discussion regarding the transition of the retaining wall and the crib wall . Commissioner Wilsey asked if there was some way that a decision could be reached at to whether there should be a retaining wall , or the Board and Council would accept the revised plans and go with the crib wall . Commissioner Neff stated that he far prefers the crib wall which is a softer image, to a 30 foot stucco wall which would be subject to graffiti . There was discussion in regard to what was presented at Planning Commission and how a 30 foot wall would be handled. Planning Commission was assured that there would be a treatment done with trees and ivy to soften the large size of i the wall . Councilwoman Cherveny clarified this is not the beginning of the process . MOVED BY CHERVENY, SECONDED BY ALONGI TO DENY THE CHANGES AND REMAIN WITH THE ORIGINAL APPROVED PROJECT. John Myhre explained that if there are specific ideas in regard to doing a two to one slope or any other answer, they would be open to suggestions . + Councilwoman Cherveny explained that her motion is saying that she doesn' t like what the developer and his engineer came up with and she liked what was originally approved. Commissioner Wilsey asked if the building could be placed on the pad if there were redesigns in regard to the building. ; _� ,�. PAGE EIGHT ADJOURNED JOINT REGULAR CITY COUNCIL/PLANNING COMMISSION MEETING NOVEMBER 10, 1993 There was general discussion in regard to the cost of developing for the pads and the fact that it would be cost prohibitive. Mayor Washburn stated that there was a motion on the floor to deny any change and go with the original project as approved by Planning Commission and Council . Commissioner Bullard stated that now there is a problem with Entry-way "A" and there will be the same problem with Entry- way B . Mayor Washburn stated that there would not be the same problem, since there is not the grade problem. Councilman Alongi asked the consensus of what the Planning Commission thinks . Councilman Winkler explained that he voted "yes" for the original project, and he stated that he did not feel that the proposed concept presented was what he wanted to see, due to decreased visibility and traffic. THE FOREGOING MOTION WAS APPROVE BY A 3-2 VOTE WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES . Commissioner Metze stated that this developer is not Wal-Mart and they are going to have to improve their development to meet the City' s standards . Councilman Winkler explained that he is receptive to some J other idea, but that the developer had a big burden of proof to get him to change his mind. COUNCIL COMMENTS Councilwoman Cherveny advised that City Attorney Harper had stated that Tuesday, November 16 , at 5 : 00 p.m. would be a good time for a Study Session regarding the Card Room Ordinance. Mayor Washburn instructed the City Clerk to check with the other Councilmembers to see if this date would be available. Councilwoman Cherveny stated that City Attorney Harper said that he could do the meeting at 2 : 00 p.m. or at 5: 00 p.m. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY ALO I AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE ADJOURNED CITY C CIL MEETING AT 4 :40 P.M. 22/_ G WASHBURN, MAYOR T OF LAKE ELSINORE A EST: i VICKI KASAD, CITY CLERK MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 16, 1993 CALL TO ORDER The Study Session was called to order at 5: 00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Boone, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. City Attorney Harper clarified that this would not be an official meeting and no action could be taken in that a quorum was not present. DISCUSSION ITEM 1. Proposed Cardroom Ordinance Revisions. (F: 34.1) City Manager Molendyk explained that interest had been voiced by the City Council and the business community in determining whether the Community would be open to additional card room facilities. He further explained that this revision would allow additional facilities and clean up the existing ordinance with regard to drinking at the tables and the requirement for U.S. citizenship. City Attorney Harper advised that he had received direction to revise the ordinance to allow for consideration of additional licenses, if the Council so chooses. He clarified that not all of the ordinances in the area are codified, particularly with regard to transferability. Councilwoman Cherveny inquired why the transferability portion had not been removed, noting that the transfer of the existing facility had occurred. City Attorney Harper clarified the ordinance section which does not prohibit transfers, but does not allow further operations, after this use ceases. He explained that this was an attempt to allow the previous owner to retain his investment and sell his business. He noted that the proposed revisions would allow for additional facilities. City Manager Molendyk noted that the most recent discussions on this ordinance related to adjustment of fees. Councilwoman Cherveny noted that the primary reason for this workshop was allow for additional review and allow the current owner to provide input. PAGE TWO - CITY COUNCIL STUDY SESSION - NOVEMBER 16, 1993 City Attorney Harper explained that at the request of various people this ordinance was an attempt to allow for additional licenses, if that is the desire of the Council. He noted that it was his understanding that the current owner was aware of this ordinance. Councilman Alongi expressed concern that this ordinance would address a location on Main Street, which would fall under the Design Review committee regulations. He inquired whether this ordinance would exempt Main Street. City Attorney Harper clarified that the development regulations would still apply and the development standards would still effect the project. Councilman Alongi inquired whether a variance would be required. Mr. Harper indicated that it would depend on the location and use. He clarified that most of the D.R.C. regulations relate to modification of existing structures. City Manager Molendyk noted that the proposal on Main Street seems to address the hot springs first, with the hotel and card parlor as minor uses. He also noted that the other proposal presented was more in competitions with the existing facility. Councilwoman Cherveny noted the presence of the owner and manager of the existing card room and requested their input. Eldon Kingston, owner of the Lake Elsinore Resort, indicated that he was informed of this consideration the day before the Council Meeting, and was unable to attend. He stressed that he was not aware of this item previously and was only informed through the newspaper. He also stressed that at the time he acquired the casino, it was based on the understanding that there was only one license and would continue to be only one license. He detailed the improvements and costs which have occurred since he acquired the facility, and the proposed additional work. He suggested that the fee structure be done separately. He offered to provide input on this portion. Councilwoman Cherveny concurred that the fee portion should be a separate issue. Mr. Kingston noted that the fees proposed are basically those proposed when Mr. Speer offered to purchase the facility. He further noted that license had been denied. Mr. Harper noted that the fees were based on those of the Bicycle Club. Mr. Kingston addressed the issue of liquor at the tables, indicating that there are concerns with drinking players, including the economics of providing the drinks. He noted the current local population and its impact on the customers to be drawn to the facility, as well as the area needed to support two additional casinos. He noted that there were previously two licenses, but one facility went broke. Larry Regis, Manager of the Lake Elsinore Resort, detailed the marketing and drawing area for a facility such as theirs, as well as the pending additional proposals in the surrounding area. He noted the local community participation and the financial stability of his organization. He also noted that their organization has become and integral part of the community. PAGE THREE - CITY COUNCIL STUDY SESSION - NOVEMBER 16, 1993 City Attorney Harper clarified that this meeting is only to address the proposed ordinance, not the other proposals. Mr. Regis expressed concern that this proposal could have been approved and on the books already. He stressed his concern with allowing additional facilities without looking at the entire picture, particularly population impact and financial feasibility. City Attorney Harper concurred that these are points for Council consideration. Mr. Regis suggested separation of the licensing and fee issues. Mr. Kingston commented on the projections in the other proposals and their level of accuracy. Councilwoman Cherveny clarified that those proposals have no bearing on the ordinance. She stressed that fees are also a separate issue. Leon Strigotte, 216 Chaney Street, commented that the proposals had been used as selling points for the ordinance. Mr. Kingston concurred that they were a selling point and stressed that his organization is here for the long term either way. Councilwoman Cherveny indicated that her understanding was that Mr. Kingston would be meeting with the City's Finance Director to discuss the fee structure. She noted that she would like to see some sort of increase, but maybe not in the first year. Mr. Kingston indicated that the fees proposed are reasonable for a casino, and they would agree to an adjustment, but the proposals before the Council are not within reason, as very little profit would be possible; he suggested further calculation of the amounts. He offered to discuss fees further at a later date. Councilwoman Cherveny offered to meet with Mr. Kingston on this issue. Mr. Kingston indicated that he would be willing to open his books for review. Mrs. Cherveny indicated that it was visible that funds were being invested on the existing facility, but noted the need to locate sources of increased revenue for public safety. CITY ATTORNEY HARPER LEFT THE MEETING AT 5:45 P.M. Will Buck, 29610 Hague, noted that much of the clientele of the proposed facility on Main Street would come from out of the area. He explained Mr. Han's intent to expand his operation and focus on the hot springs and water related uses with the hotel and card room as secondary uses. He noted that it is felt that the card room draw is needed to allow for financing of the project. He noted that the intent would be for only 10 to 15 tables. Councilwoman Cherveny indicated that this would require a major revision. Mr. Buck indicated that he was under the impression that some of the requirements could be waived since it was in the D.R.C. area. PAGE FOUR - CITY COUNCIL STUDY SESSION - NOVEMBER 16, 1993 Leon Strigotte indicated that he and others would prefer no casinos. He further indicated that his intent when the ordinance was revised previously was to prevent transfer of the casino as well. He expressed concern with the legality of prior operations and questioned the current patrolling of the facility. He noted that this issue has been on the ballot and rejected twice in the past. He noted his willingness to circulate a petition to prevent further licenses. He expressed concern that there is not adequate law enforcement now and suggested that additional card rooms would increase the problems. He also noted that people don't want gambling near their families and most would go to other areas if they wanted to participate. Mr. Kingston commented that they have operated to the letter of the law since they acquired the facility. Councilwoman Cherveny questioned the current security and policing requirements and whether they are being complied with. Councilman Alongi inquired whether each table is registered. Mr. Strigotte indicated that there is a minimum 30 tables for operation, and the intent was that the tables would be counted from time to time. He noted previous incidents where additional rooms were being operated. Councilwoman Cherveny inquired whether these checks are occurring. Mr. Molendyk indicated he would check with Captain Daniel. Mr. Regis noted that on busy tournament weekends some tables are moved to other areas, however there are never more than the license allows. He offered the opportunity for inspection of the facility to anyone interested. Mr. Regis questioned the process from this point. City Manager Molendyk explained that the intent of this workshop was to answer any questions regarding the changes or the fees. He further explained that Mr. Boone is in the process of obtaining feedback on the fees and stressed the intent to make the fees more competitive. Councilwoman Cherveny stressed the importance of separating the fees from the licensing issue. She also expressed concern with the liquor issue. Mr. Strigotte noted that following enactment of the ordinance, requests for repeal will occur. Chris Hyland, 15191 Wavecrest, inquired why notification was not provided to residents of this consideration. CaL=ilwcman Cherveny indicated that the Council was not advised either. City Manager Molendyk deferred this matter to the City Attorney. Mrs. Hyland inquired who provided the direction to revise the ordinance. Mr. Molendyk indicated that direction had come from Council. Councilwoman Cherveny inquired what it would take to place this issue on a ballot. City Clerk Kasad indicated that a ballot measure could be initiated by a Resolution of the City Council. PAGE FIVE - CITY COUNCIL STUDY SESSION - NOVEMBER 16, 1993 Councilwoman Cherveny stressed that the fees are a separate issue, but the moral issue should be left up to the residents. Mr. Strigotte expressed concern for the overall quality of life. Mr. Kingston reiterated his willingness to sit down and discuss the fees, and noted that it is not as lucrative as some believe. Councilwoman Cherveny indicated that she would be interested in that input. Councilwoman Cherveny reiterated the need to ensure that Section 5.28. 220 is being complied with. City Treasurer Pape indicated that he had spoken with police representatives in other cities with existing Card Rooms. He noted comments that allowing the casinos to police themselves is not a good idea. He noted their efforts to obtain retired officers for security. He also noted comments that card rooms are a recession proof source of revenue for the cities and one city even dedicates the revenue to law enforcement. Mr. Strigotte questioned the willingness of officials in other communities to live in those communities. ADJOURNMENT THE STUDY SESSION WAS ADJOURNED AT :07 P.M. GARY WASHBURN, MAYOR CITY 0 LAKE ELSINORE AT EST: J V CKI KAS , CITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, NOVEMBER 18, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 2 : 39 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: DOMINGUEZ Also present were: City Manager Molendyk, Administrative Services Director Boone, Special Projects Manager Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Leslie, Community Services Manager Best and Deputy City Clerk Bryning. BUSINESS ITEM 1. Downtown Traffic Circulation. City Manager Molendyk explained that there was a traffic study done specifically on the area behind City Hall. He further explained that due to the age of the streets and the increase in traffic, it was necessary to address the concerns of the community and solve the congestion problem. He stated that it can be done by one way streets or by restricted parking in the area. Public Services Director Tecca explained the study and presented the suggested alternatives. The suggestions were restricted parking, one way streets or a combination of both. He stated that it is his recommendation that there be established "No Parking Zones" as follows: NAME OF STREET SIDE OF ST. LOCATION OF PARKING ZONE Chestnut Street Westerly Heald Ave. to Prospect St. Graham Avenue Southerly From Alley east of Main St. to Heald Ave. Heald Avenue Southerly Main St. to Graham Ave. Peck Street Northerly Main St. to Graham Ave. Prospect Street Northerly Main St. to Chestnut St. Councilman Alongi questioned the parking on Graham and commented that the commercial parking on Peck Street would create a problem for trucks delivering doors. Mayor Washburn stated that this should be well published and that the public should. be made aware of the changes prior to them being put in effect. There was general discussion in regard to trash pick-up and the effect one way parking would have on that service. PAGE TWO SPECIAL CITY COUNCIL MEETING NOVEMBER 18, 1993 City Manager Molendyk requested clarification of the desire of Council to do a thorough notification to the residents affected and implement after the first of the year. He stated that this could be facilitated by an ad in the local paper. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE FOLLOWING RESOLUTION: RESOLUTION NO. 93-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 2 . Chaney Street Zone Chan ge. e. City Manager Molendyk gave an overview of the request and gave a brief explanation for the action. E City Planner Leslie explained that at the November 9, 1993, City Council Meeting, Council adopted Resolution No. 93-63, which was a Resolution of Intention for a City initiated zone change. Due to the late date of this meeting it was not possible to post and mail a Notice of Public Hearing and consequently the Resolution will have to be amended to reflect a new planning Commission hearing date. He further explained that staff would recommend that Council consider expanding the area proposed for the zone change to incorporate all the territory along the west side of Chaney to the intersection of Treleven Avenue. City Planner Leslie asked that Council consider the new date and the expanded area for the zone change. Councilman Alongi expressed his concern for the people who bought the R-2 property along Chaney. He explained that they bought it as R-2 and the City proposes to down zone to R-1, which will reduce the value of the property. He further explained that the set-backs for R-2 are the same as R-1. He asked if the City was open to a potential legal battle and how the City would address this with the current property owners. Mayor Washburn asked City Planner Leslie how many R-2 duplex units there are in the area. City Planner Leslie explained that there is one multi-family residence in the area. Mayor Washburn stated that the rest of the development in that area has been R-1. Councilman Alongi commented that there had been four new homes built on R-2 property and of those, two are the homes that the City installed guard rails around, Councilman Winkler commented that R-2 zoning may not be the best use for the property, and making the area R-1 would help to create the best use of the area. He explained that this issue will be heard by the Planning Commission and Council and the legal issues can be addressed at that time. Mr. Winkler stated that he would be in favor of extending the area on Chaney. Councilwoman Cherveny requested. clarification of the new resolution and stated that it would include a new hearing date and the extended area and that the residents would have the opportunity to respond at the public hearings. PAGE THREE SPECIAL CITY COUNCIL MEETING NOVEMBER 18, 1993 Councilman Alongi noted that the builders and owners of the R-- 2 lots are aware of the zoning and as long as all the property owners were properly notified and given an opportunity to express their opinion, he would have no problem with the new resolution. He stressed the fact that the proposal would have to be legal for the City to proceed. City Planner Leslie explained the choices that Council could make and clarified the expanded area. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AMEND RESOLUTION NO. 93-63 WITH A NEW PLANNING COMMISSION PUBLIC HEARING DATE OF DECEMBER 15, 1993, AND EXPAND THE AREA ON CHANEY STREET. 3 . Outflow Channel Project.. City Manager Molendyk stated that the contractor for the Outflow Channel Project will be removing 240, 000 cubic yards of dirt and he must have an area to place the dirt after excavation. Mr. Molendyk presented an exhibit showing the locations proposed to receive the dirt. He explained that there are two parcels which will receive, grade and compact the dirt and two parcels proposed for stockpiling only. The parcels which will receive, grade and compact the dirt are not a problem, but the parcels proposed for stockpiling could become a major problem during the rainy season. Public Services Director Tecca explained the locations and current grades of the proposed parcels and expressed his concern regarding stockpiling of soil. He stated that during the rainy season the soil would erode and affect the roadways in the area. Mr. Tecca stated that there is no problem with fill and compaction, but stockpiling could be a detriment to the City. City Manager Molendyk explained the distribution of the dirt and asked Council for a stated policy giving staff direction in regard to stockpiling. Councilwoman Cherveny stated her opposition to stockpiling. Councilman Winkler asked how much dirt EVMWD would want. Public Services Director Tecca explained that they needed approximately 40, 000 cubic yards. Councilman Winkler stated that EVMWD should be contacted, before the City deals with the stockpiling issue. Mayor Washburn explained that in the past the City has not allowed random stockpiling and the City requires a grading permit and compaction of the soil for more than 50 cubic yards of dirt. Councilman Alongi asked if the two parcels which are proposed for stockpiling would need grading permits. Public Services Director Tecca stated that they would need grading permits and be required to utilize erosion control. Councilman Alongi asked if Irene Dannon was involved in this project. Mayor Washburn stated that she was not. City Manager Molendyk explained that in the past the City has not allowed stockpiling of dirt. He asked when this project would start. Public Services Director Tecca stated that it would begin on Monday, November 22nd. for excavation of the Channel in that area. i PAGE FOUR SPECIAL CITY COUNCIL MEETING NOVEMBER 18, 1993 Councilwoman Cherveny asked how grading and compaction works. Public Services Director. Tecca explained that it is spread and compacted in layers. Stockpiling is dirt that is dumped in big piles and not compacted. Councilman Alongi asked how the City would know, in five or ! ten years, that the two sites were filled and compacted. He stated that they would need core samples before they could build and if that was not done it could cause serious problems. Mayor Washburn stated that this could be noted on the GIS I System and when the area is to be built on, it would show as a notation for that property. It was the consensus of Council to allow the fill and compaction of the two parcels and not to allow stockpiling at this time. Staff is to contact EVMWD and see if they can work out a way to use the excess soil . j i City Manager Molendyk asked to have ponding of the Channel addressed. Public Services Director Tecca explained that when the Outflow Channel was designed it was for a 100 year flood and the catch basins were placed above the high water level for just such an event. The problem of ponding was found because the basins do not allow natural run-off to enter the channel caused from the elevation of the road to the basins. Mr. Tecca explained that low flow pipes are being installed in the basins to allow for low flow and will correct the b ck-up and ponding problems. GAR . WASHBURN, MAYOR CITttF LAKE ELSINORE Respectfully submitted, I f Adria L. Bryning, Deputy y Cler AT ST: 67 VICKI KASAD, CITY CLERK i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 230 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Manager Best, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS a. Update on Baseball Club. (F: 134. 10) Kevin Haughian, General Manager, Lake Elsinore Baseball Club, announced that to date 1, 326 season tickets and all of the luxury suites have been sold. He noted that the club's initial goal was for 1, 000 season tickets, but based on response this has been revised to 2, 000. He also noted that of those tickets sold, nearly 1, 000 were purchased by Lake Elsinore residents. He presented the proposed "home" and "away" team jerseys, and noted that the game hat is being reworked. b. Update on Outflow Channel Project. (F:92 .2) James Lowe, 3 B's Construction, detailed the progress to date on this project. He noted that 75, 000 cubic yards of dirt will be trucked to the stadium site for that project. He detailed the upcoming road closures and alternate solutions, should the rains or flooding become a problem. He also noted that all is progressing well and they are currently awaiting approval from Caltrans for the bridge on Highway 74. He reminded the community that the project administrator for this job is the Riverside County Flood Control District. He further noted value engineering efforts to find ways to reduce the cost of this project. PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 C. Winterfest. 1993 . (F: 64.2) Mayor Washburn announced that Winterfest will run from 4 p.m. to 9 p.m. with the Christmas Tree Lighting at 5: 00 p.m. and Santa's arrival at 5: 30 p.m. He detailed the proposed activities for this event, PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 32 and 34 . CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3, 4, 6, 10, 11, 13 , 14 and 15. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - October 21, 1993 . (F:44.4) b. Regular City Council Meeting - November 9, 1993 . The following Minutes were received and ordered filed: c. Planning Commission Meeting - October 21, 1993 . (F: 60.3) d. Planning Commission Meeting - November 3, 1993. 2 . Received and ordered filed the Investment Report for October, 1993 . (F:12 .5) 5. Approve Agreement for Administration of the General Maintenance for the Library Facility. (F: 68 . 1) 7. Approved Change Order No. 3 - Country Club Heights Trunk Sewer By-Pass Phase II Sewer Improvements in Community Facilities District No. 88-3 for Riverside Pipeline Inc. for a reduction of $36,239.43 . (F: 22 . 3) 8 . Adopted Resolution of Intention to Change the Street Name of Sylvester Street to Malaga Road - Resolution No. 93-69. (F:158. 1) RESOLUTION NO. 93-69 A RESOLUTION OF INTENTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF SYLVESTER STREET. 9 . Adopted Resolution No. 93-70 Establishing Additional Parking Citation Enforcement Penalties. (F: 112 .1) RESOLUTION NO. 93-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE ESTABLISHED PARKING ENFORCEMENT SCHEDULES AND PENALTIES. PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 12 . Accepted Grant Deeds for the Purpose of Easement Dedications for Various City Projects at the following locations: (F: 132. 1) Lot 125, Unit B of Country Club Heights for a 10' Slope Easement. Lots 95 & 97 in Book 16, Pages 59 to 61 for a 101 Slope Easement. Lot 20 in Block 2 of Elsinore Heights Unit #1 for a 7.5' Right-of-Way. Lot 17 in Block 2 of Elsinore Heights Unit #1 for a .5' Right-of-Way. Outlet Center Phase II for a Drainage Easement. ITEMS PULLED FROM CONSENT CALENDAR 3 . Warrant List - November 15, _ 1993 . (F: 12 . 3) Councilman Alongi requested that items on the Warrant List such as weed abatement rebates be designated as such. He suggested that the entry for Rasmussen's should be noted as an expense for Halloween. He noted that the check for the Great Main Street Antique Store was for a chair for Santa at the Winterfest; he questioned why the equipment for Santa was not requested from the Downtown Business Association. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 4 . Claims Against the City - BSI Consultants (CL #93-17) and Steven Dobihal (CL #93-19) . (F:52 .2) City Manager Molendyk requested deferral of the claim from BSI Consultants and recommended that the Claim of Steven Dobihal be rejected and referred to claims administrator for handling. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO DEFER THE CLAIM SUBMITTED BY BSI CONSULTANTS AND TO REJECT AND REFER TO CLAIMS ADMINISTRATOR THE CLAIM SUBMITTED BY STEVEN DOBIHAL. 6. Award of Contract - Senior Center Projects (Outdoor Recreational Improvements) - Modcraft Inc. (F: 144 . 3) Councilman Alongi inquired what work will be done as part of this project. He indicated that he did not believe it would include the horseshoe pits and questioned why they were not being done at this time. Community Services Manager Best advised that the horseshoe pit is include as are all other alternatives. Councilman Alongi expressed concern that there is no mention of the horseshoe pits, only grading and retaining walls. Ms. Best indicated that the bids received did include the horseshoe pits and detailed the specifics included in this bid package. Councilman Alongi indicated that he still did not see that mentioned in the staff report PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 and inquired whether it would be one contract or two. Ms. Best indicated it would be only one contract. She further explained that the low bid was rejected because of non- compliance. MOVED BY ALONGI, SECONDED BY CHERVENY TO POSTPONE THIS ITEM UNTIL ALL INFORMATION IS RECEIVED. Councilwoman Cherveny requested clarification of a "non- responsive" bid. Community Services Manager Best deferred to the City Attorney for this clarification. She noted that Kevin Palmer of the Community Development Agency concurred with the reasons for rejecting the low bidder, in compliance with the C.D.B.G. regulations, as well as approving the contractor proposed as eligible for C.D.B.G. funds. Mayor Washburn indicated that he would not be against this award of contract because he has adequate information. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO AWARD THIS CONTRACT TO MODCRAFT, INC. IN THE AMOUNT OF $89, 386 . 00. Mayor Washburn announced that the Senior Center has developed a cookbook for sale at a cost of $8 for the first copy and $5 for each additional copy. He commended staff for this effort and a nice finished product. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. 10. Authorization for CR & R to place Trash Receptacles for the Lake Edge Clean up on December 11, 1993 . (F: 163 . 1) Councilman Alongi indicated that he would like to see this date moved later in the month to allow for holiday trash and Christmas tree disposal. Mayor Washburn indicated that while he understood the request, he would question it because CR & R picks up trees anyway. He explained that it is felt that a stand alone event would be more successful. Mayor Pro Tem. Dominguez indicated that several days had been considered. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO AUTHORIZE CR & R TO PLACE TRASH RECEPTACLES FOR THE LAKE EDGE CLEAN UP ON DECEMBER 11, 1993 . Councilwoman Cherveny inquired whether this would include the County side of the Lake. City Manager Molendyk indicated that they would only be placed in the City, but anyone could utilize the bins. He explained that the City can only authorize use within the City limits pursuant to the contract. Councilwoman Cherveny further questioned the access for County residents. Mayor Washburn indicated that with legitimate lake clean up items there would probably be no problem. City Attorney Harper further clarified that the City can only address City uses under the contract. PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 23f 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 11. Acceptance of Quit Claim Deeds for the Purpose of Water Rights Dedications for Various City Projects. (F: 132 .1) Councilman Alongi stated his ongoing opposition to this type of action. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO ACCEPT THE QUIT CLAIM DEEDS FOR WATER RIGHTS FOR VARIOUS CITY PROJECTS AT THE FOLLOWING LOCATIONS: Southwest one-half of lots 95 & 97 , Unit A of Country Club Heights. Lot 20 in Block 2 of Elsinore Heights Unit 11. Lot 34 in Block 12 of Elsinore Heights Tract Unit #2. Lot 17 in Block 2 of Elsinore Heights Tract Unit #1. 13 . Demolition of 103 North Scrivener Street. (F: 32 . 4) Councilman Alongi reiterated his previous concerns with this expenditure of funds without any time element for repayment. He stressed that he has no problem with tearing the buildings down, but he does have a problem with the unlimited period for reimbursement. He further addressed this site with regard to a trash bin on site for over a year, without being addressed by Code Enforcement. MOVED BY DOMINGUEZ, SECONDED BY ALONGI TO APPROVE THIS DEMOLITION AND THAT IN ITEM #14 WITH REPAYMENT TO OCCUR WITHIN 24 MONTHS. City Attorney Harper noted that if the property changes hands in the meantime, repayment would occur at that time. Councilman Winkler noted that it might not be beneficial to sue for the money at 23 months, and suggested that this evaluation be left up to the City Attorney. Mayor Washburn indicated that it was possible to approve the demolitions and condition them to meet the cost recovery policy in place at that time. City Attorney Harper indicated that this could be reviewed and he would not interpret this motion as direction to foreclose. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 14. Demolition of 207 East Pottery Street. (F: 32 . 4) MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS DEMOLITION WITH REPAYMENT TO OCCUR WITHIN 24 MONTHS. 15. Phase II Clean Lakes 314 Grant. (F:83 .1) Councilwoman Cherveny noted comments in the report that the there is no notable change in the water quality since the aqua-treat program. She suggested that this program should be PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 23e 1993 halted to allow LEMA to do their part and if possible find a solution. She expressed concern with the money spent to date on treatment. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ENDORSE THE PHASE II PROJECT AND DESIGNATE $25, 000 IN THE CITY'S 1994-95 FISCAL YEAR BUDGET FOR THE PROPOSED PHASE II CLEAN LAKES 314 PROGRAM. BUSINESS ITEMS Councilman Winkler requested that item #37 be considered at this time. Mayor Washburn indicated that with unanimous consent it would be moved. Councilman Alongi questioned this action. Councilman Winkler explained that he would request that this item be heard next following a quick closed session regarding acquisition of property. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 7:40 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 7:50 P.M. 37 . Methodist Church Parkin Lot - Verbal Report - Requested b Councilman Winkler. (F: 134. 10) MOVED BY WINKLER, SECONDED BY WASHBURN TO ACQUIRE THE BUILDINGS BEHIND THE METHODIST CHURCH AT 110, 118 AND 126 W. HEALD r FIRST THROUGH A GOOD FAITH EFFORT TO PURCHASE THEM OR SUBSEQUENTLY EMINENT DOMAIN. Councilwoman Cherveny clarified that this money would be from the General Fund Reserves. Councilman Winkler indicated that he would next pursue action on the next RDA agenda to authorize the purchase of this property from the City, because the Redevelopment Agency cannot use eminent domain. He noted that in the long term the reserves would be maintained. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 31. Second Reading - Ordinance No. 967 - Zone Change 93-4 - The Western Com an La una Heights. (F: 150. 2) MOVED BY WASHBURN, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 967: ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 199 ACRES TO RURAL RESIDENTIAL AND OPEN SPACE (ZONE CHANGE 93-4) , LOCATED ROUGHLY SOUTHWEST OF THE INTERSECTION OF TOFT DRIVE AND GRAND AVENUE: THE WESTERN COMPANY/LAGUNA HEIGHTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 32. Proposition 172 - Public Safety - Requested by Councilwoman Cherveny. (F: 126. 1) City Manager Molendyk explained that on August 24, 1993, the Council considered the use of private security to supplement the services of the Sheriff's Department. Councilwoman Cherveny has requested reconsideration of this matter. Councilwoman Cherveny stated that Proposition 172 was approved by the voters on the November ballot and there is approximately $108,000 for public services. MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THE ALLOCATION OF THE APPROXIMATELY $108, 000 FOR SECURITY OFFICERS TO SUPPLEMENT THE SHERIFF'S SERVICES. Mayor Washburn then called upon the persons who requested to speak on this item: Leon Strigotte, 216 Chaney Street, stated that the voters passed Proposition 172 specifically for Law Enforcement and Public Safety Officers as defined under Penal Code 830 and Private Security does not qualify. He explained that Proposition 172 not only deals with police, but also fire services. Mr. Strigotte quoted an article from the Press Enterprise, November 21, 1993 , which is entitled "Take Back Your Neighborhood". He explained that solving the crime problem is not done just by hiring more police officers, it is the responsibility of the citizens as well. He further explained that the taxpayer will not receive the same level of service from a security officer. Mr. Strigotte stated that he felt that the $108 , 000 should be spent to open up a fire station at the west end of the City, and encouraged the Council to promote a City Reserve Force which would not cost $108, 000 and would get people out who really want to make a difference in the community. He explained that this would have an immediate impact in the community and would aid law enforcement in a positive way. He stated that at next year's budget is when the increase in law enforcement should be considered, but not private security. He commented on the fact that he has not seen the two bicycle patrol officers patrol more than the outlet center and there is a need for them in other areas. Chris Hyland, 15191 Wavecrest, stated that the $108, 000 needs to be used to put more law enforcement on the streets. She commented on a recent incident which occurred in her neighborhood and stated that she welcomes more law enforcement. Councilman Dominguez indicated that he feels that the Council needs the recommendation of professional staff to allow Council to make an informed decision. Councilman Winkler commented on article in the Press Enterprise in regard to "How To Take Back Your Neighborhood" PAGE EIGHT - CITY COUNCIL MINUTES -- NOVEMBER 23F 1993 and he explained that it was through Neighborhood Watch, Crime Watch and caring citizens that this effort succeeded. He indicated that it must be approached neighborhood by neighborhood, block by block and child by child. He stated that with dwindling resources it is necessary for the citizens to take control. He explained the problems within the judicial system and suggested that there should be a City staff position, such as a liaison to work in the judicial system and follow up on all arrests and repeat offenders. He further suggested the same position could be present at the arraignment level to confirm the City's position and follow-up on the trials. He stated that a list of all arrests, criminal convictions and housing evictions should be available to the Council, Crime Watch Committee, Apartment Owners and Managers to aid in their effectiveness to keep out the criminal element and prevent problems before they begin. He also indicated that the local cable channel can be used to aid in the control of crime and he suggested that the City continue to pursue drug abatement litigation. MOVED BY WINKLER, SECONDED BY WASHBURN A SUBSIDIARY MOTION TO DIRECT STAFF TO REORGANIZE AND CONSIDER ALTERNATIVES SUCH OVERTIME FOR SWORN OFFICERS, MORE AID TO PATROL, A LIAISON OFFICER FOR CRIME PREVENTION AND COORDINATION WITH THE JUDICIAL SYSTEM; AND REQUESTED THAT THIS ITEM RETURN TO COUNCIL IN TWO WEEKS. Mayor Washburn stated that to address crime there is a need for manpower and to have manpower there is a need for money. He explained that there is an Anti-Crime Bill which is in progress and he has been in contact with Congressman Calvert to work on this issue to support more funds for the City's needs. He commented that it doesn't matter who you are in the community. Hispanic or other, crime is crime and no one in any walk of life wants crime in their neighborhood. Mayor Washburn explained that every year the Council has increased the law enforcement manpower and will continue to do so. He commented that the FBI Crime Report is incorrect and it is not 151 crimes per thousand, but rather 93 crimes per 1000. He stated that there is still a crime problem and it must be addressed, but it is not as bad as what the report stated. Councilman Winkler explained that there are high crime areas in the City and one of them is behind the Methodist Church in the downtown area. He stated that abatement is one way to address this and aggressive action in following up on incidents. Councilman Alongi commented that crime is crime and in the City of Lake Elsinore crime is increasing. He stated in the State Constitution, Amendment No. 1, Chapter No. 41, does not indicate that armed and sworn officers are required; it states that the protection of Public Safety is the first responsibility of the local government or local officials and they have an obligation to give priority to the provisions of adequate public safety service. He explained that this affects all areas of public safety. He stated that he agreed with Councilman Winkler, but that he is addressing crimes already committed and he would like to see crime prevented. Councilman Alongi asked Captain Daniel if the officers did not PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 have to write reports on the recent 52 cars that were stolen, how much sworn officer time would be saved. He stated that he is not opposed to Mr. Winkler's ideas, but he feels that the needs of the community are more immediate. He emphasized crime is crime and defined that responsibilities of the homeowner, in regard to who rents and lives in their homes. He further explained that it does not matter where the City is on the list of crime, it is just not acceptable. Councilman Alongi stated that he wants to see the crime ratio back to what it was in 1968 and 1969 . There were no drive-by shootings or violent crimes like there are today and the City was safe then. He stated that 93 crimes per 1000 is still too much and he wants to see it reduced. Councilwoman Cherveny questioned the program that Councilman Winkler is proposing, and asked if it was meant to be done instead of adding officers. She explained that crime-watch is necessary but the City needs more sworn officers. She pointed out that when security officers were used in the downtown area, and there was a major decline in crime. She concurred that the Crime-watch is an aid to the community, but that security officers would offer a deterrent to crime. She explained that the sworn officers are going call to call and do not have the time to patrol. She stated it would be pro- active and not reactive. Councilwoman Cherveny explained that the security officers can be placed in neighborhoods and in high crime areas to help to prevent crime. City Manager Molendyk explained that he has heard several different ways to address the crime in the community, and he had just received a memo from Captain Daniel of a fax from the Department of Justice; that President Clinton has just announced that $150 Billion Dollars be available for assistance to law enforcement agencies. He explained that it is broken down into increments and would supplement up to 75% for salary and benefits for each police officer. These figures can be utilized by staff for further suggestions to the Council by the next meeting. He will distribute this to Council. Councilman Alongi asked that staff consider security guards in their evaluation and suggestions. Mr. Strigotte explained that Riverside Police Department has a full time grant writer and stated that this would expand the ability to acquire more funds and equipment. It is their job to research and apply for monies available for more and better programs and would benefit the program. THE FOREGOING SUBSIDIARY MOTION WAS APPROVED BY A 3-2 VOTE WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. Councilwoman Cherveny called for a vote on the first motion. Mayor Washburn explained that a vote on the first motion was a moot point since the subsidiary motion took precedence. 33 . Use of Community Center - Non-Profit Organizations - Reauested by Councilman Alongi. (F: 64.4) Councilman Alongi indicated that he would like this to address PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 organizations which benefit the total community and would like to use the Community Center, but find it cost prohibitive. MOVED BY ALONGI TO OFFER THE COMMUNITY CENTER ONE TIME PER YEAR FOR NON-PROFIT GROUPS LOCATED IN THE CITY LIMITS, WITH THE CITY MANAGER AUTHORIZED TO DETERMINE WHICH GROUPS ARE QUALIFIED. MOTION DIED FOR LACK OF A SECOND. Mayor Washburn noted that a cooperative program is already in existence. MOVED BY WASHBURN, SECONDED BY WINKLER TO TABLE THIS ITEM INDEFINITELY. Councilman Alongi noted that groups are still asked to pay a deposit, and indicated that this is not uniformly carried out. MOVED BY CHERVENY, SECONDED BY ALONGI AND FAILED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WASHBURN AND WINKLER CASTING THE DISSENTING VOTES FOR A SUBSIDIARY MOTION TO OFFER THE NON-PROFIT GROUPS THE OPPORTUNITY TO USE THE COMMUNITY CENTER ONE TIME PER YEAR. THE FOREGOING MAIN MOTION TO TABLE THIS ITEM CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. 34 . Proposed Cardroom Ordinance No. 969 . (F:34. 1) Mayor Washburn commented on the fact that he had received several phone calls and letters regarding this ordinance. MOVED BY WASHBURN? SECONDED BY WINKLER TO RETAIN THE EXISTING ORDINANCE AND APPROVE ONLY THE FEE SECTION OF ORDINANCE No. 969. MOVED BY CHERVENY A SUBSIDIARY MOTION TO SEPARATE THE ORDINANCE AND CREATE TWO ORDINANCES TO ADDRESS THE FEE STRUCTURE AS A SEPARATE ISSUE. MOTION DIED FOR LACK OF A SECOND. Mayor Washburn explained that his motion is doing what Councilwoman Cherveny is suggesting. City Attorney Harper clarified the motion and stated that the Original Cardroom Ordinance would remain in effect and the new ordinance would amend fees only. Mayor Washburn concurred. Councilman Alongi asked if this would increase the fees. Mayor Washburn stated that it would. Mayor Washburn called on those persons who had submitted a request to speak as follows: Jack McColley, 29072 Palm View, stated his opposition to more card rooms in the City. He explained that he felt that it would place a strain on public services and that he is not opposed to gambling, but he is opposed to what more card rooms can create. Chris McColley, 29072 Palm View, stated her opposition to an increase in gambling facilities. She stated that it would create problems for public safety and she felt that the monies made in revenue would have to pay for the increase in law enforcement for the casino's and would not truly benefit the public. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 Jeannine Martineau, 29042 Mango Court, stated her opposition to more cardrooms in the City and explained that she felt that it would be a bad image for the community as well as create stress on Public Safety. Jeanie Corral, 16410 W. Lakeshore Dr. , stated her opposition to an increase in cardrooms and stated that a potential of more problems in the community were not needed. She stated that the current casino is an eyesore. Raymond Corral, 16410 W. Lakeshore Dr. , submitted a letter of opposition in regard to the cardroom. Sue Bowen, 167 N. Torn Ranch Road, stated her opposition to more cardrooms. Denise Tompkins, 218 Chaney Street, thanked Council for their efforts in the community and stated opposition to the proposed increase in cardrooms. She thanked Council for their cooperation and the improvements on Chaney Street. Leon Strigotte, 216 Chaney Street, spoke in opposition to cardrooms and stated that he felt that the newspapers did not do a good job of reporting the past history of the casino and the problems they have had. He stated that he felt that gambling casino's affect the quality of life in the community and that the public should vote in a public election to decide if they wish to have gambling in Lake Elsinore. He called for proper policing on the existing casino. Charles Cook, 16282 Grand Avenue, spoke in opposition to an increase in cardrooms and stated that he felt that it would create an undesirable environment. He commented that the City should encourage developers to do more things for the kids as they should be the City's primary priority. Will Buck, 29610 Hague, spoke in favor of more cardrooms in the City and gave a brief history of the existing cardroom and the increase in fees. He explained the reasons why it would profit the City and stated that the City of Bell Gardens has its entire budget for police and public works supported by the cardrooms. He asked that Council consider passage of the existing Ordinance No. 969 . Larry Regis, 20930 Malaga Road, explained that the casino is not owned by professional casino owners, and that the new owners are in the process of improving the existing cardroom, hotel, restaurant and party center, but it will take time. He explained that they are not trying to avoid paying their fair share but the new fees would stress the owners and he asked that Council consider graduating the fees. Councilman Alongi stated that he felt that the card room is a quality facility and that the new owner and management is improving the existing facility to the highest quality and he stated that Council might want to contact Captain Daniel and check to see how many call's the Sheriff's Department receives from the casino. Mr. Alongi commented that he enjoys the sport of cards and feels there is nothing wrong with it. He explained that the owners are working on the interior and will PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 address improvements for the exterior next. Councilman Dominguez stated that the casino is good recreation and there have been very few problems. He commented that when he moved to Lake Elsinore there were three cardrooms and that it was his choice to live here. He felt that it was the same for anyone else, they had the right to move here or not, since there was a cardroom in existence when they bought. He stated that in 1960 the issue was taken to the voters and they choose to keep the cardrooms. Councilwoman Cherveny stated her concern in regard to the fees and explained that the owners of the casino are investing a lot of money to make improvements and have a quality business in the City and she would like to see Council graduate the fees and not create a burden on the owner. Councilman Winkler pointed out that Council has set2046Xhigh standrds on any business who builds in the City and he felt that it was only fair that this apply to all businesses. If the Council made an; exception for one, then the other businesses would have the right to expect the same. City Attorney Harper explained that the motion was to exclude everything but the fee structure. THE FOREGOING MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE ORDINANCE NO. 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5. 28 . 060 OF THE MUNICIPAL CODE REGARDING FEES FOR CARD ROOMS. AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Discussion oft City Election Data & Ballot Measures - Verbal Report - Requested by Councilwoman Cherveny,. (F:72 . 1) Councilwoman Cherveny commented on the prior approval to move the Municipal Election dates, based on the projection that it would be a better turnout. She inquired whether the Board of Supervisors had yet approved this change. City Clerk Kasad reported that based on a conversation this date, the matter would be going before the Board of Supervisors in approximately two weeks. She further noted that the consensus of April Election cities appeared to be to accept this change. MOVED BY CHERVENY, SECONDED BY ALONGI TO TABLE THIS ITEM FOR TWO WEEKS. Mayor Washburn offered the floor to City Treasurer Pape, who initiated this change. Mr. Pape deferred to the next discussion in two weeks. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. Discussion of Council Comments - Verbal Report - Requested by Councilman Alongi. (F: 44 . 1) Councilman Alongi expressed concern with the recent actions to defer Council Comments until the end of the Redevelopment Agency Meeting, denying the Council t.v. time. He indicated that he would like to see the Council comments remain as scheduled on the agenda so the Council can get important items out to the viewing audience. He indicated that this shift causes an unfair balance of Council time. He stressed that he does not like to see Council Comments put off until after the t.v. shuts off. He suggested that if all Councilmembers limit their comments, they can all get their points across. Mayor Washburn indicated that this discussion has no substance in that it is a procedural matter detailed in Roberts Rules of Order. He clarified that movement of items is acceptable with no objections being stated. He noted that any Councilmember has the ability to object such a shift. He stressed that Roberts Rules is clear on this issue. Councilman Alongi indicated that the Council does not follow Roberts Rules because they are not required to. He stressed the Council's right to discussion. Mayor Washburn stressed the procedure, apologized for Councilman Alongi and declared him to be out of order. 38. Urgency Ordinance No. 970. (F:76.2) Mayor Washburn proposed additional of Urgency Ordinance No. 970 relating to fire clearance in spite of K-Rat habitat, be added to this agenda. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADD THIS ITEM TO THE AGENDA. Mayor Washburn indicated that the Riverside County Habitat Conservation Agency had requested that this ordinance be brought forward to all impacted agencies for approval. He explained that it would allow for fire clearance around structures to prevent concerns which arose during the recent fires. MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 970 AND DIRECT THE CITY CLERK TO TRANSMIT TO BRIAN LOEW AT THE RCHCA: ORDINANCE NO. 970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PERMITTING CLEARING OF BRUSH FOR FIRE PROTECTION PURPOSES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN PAGE FOURTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Catherine Creech, 29880 Hursh, commented on law enforcement and a recent occurrence of shots being fired at her home. She expressed concern with the response time of approximately 20 minutes, and noted a previous occurrence for which the response time was one hour and 40 minutes. She indicated that she was pleased with the passage of Proposition 172 and supported its use of additional law enforcement. Ray Creech, 29880 Hursh, further commented on the incident which occurred at his home and stressed the importance of residents being aware of and prepared for this type of incident. He stressed the need for a few more officers. Mayor Washburn expressed his condolences and understanding of this situation. Chris Hyland, 15191 Wavecrest, indicated that while she is happy the Stadium has sold over 1, 000 seats, but questioned why the City had reserved 100 seats and other comments relating to the sale of tickets. She indicated that based on the comments she has heard, she would be expecting her two front row, team side tickets for the cost of sales tax only. She indicated that based on the responses she has received from the Baseball Team General Manager and the City Manager, someone is lying. Nido Ryal, 223 Chaney Street, commented on the proposed Chaney Street improvements. He expressed concern that they are being done based on cost rather than safety. He further expressed concern with the proposed removal of the guard rail adjacent to his home and reminded the Council of the accident that occurred there in 1989. Richard Bullard, representing Classic Western Productions, commented on the recent Sierra Circuit Rodeo presented by that organization. He thanked the City, the Chamber of Commerce, the Fire Department, the School District, the Elks and all other volunteers for their support of this event. He noted the increased revenues the event drew to the community through its restaurants, hotels and stores. He stressed the organizations efforts to bring a positive name to the community and expressed concern that not more of the community was present to support the event. CITY MANAGER COMMENTS City Manager Molendyk commented on pending workshop topics and indicated that the School District would also like a joint workshop to look at goals and projects. CITY COUNCIL COMMENTS Councilwoman Cherveny commented on the following: 1) Announced that S.S. Burger Basket would again be serving PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 Turkey Dinner for the needy on Thanksgiving Day from 11 a.m. to 4 p.m. 2) Would like more information on the Citizenfs Crime Watch Committee; is curious based on t.v. advertisement. 3) Winterfest event, children will have an opportunity to see Santa at this event as well as at Albertsons, Stater Bros. , etc. 4) Receipt of copy of M.R.C. report on the sales tax audit; they found $11,865 in new taxes, projected to reach $41, 250 next quarter. 5) Attendance at Senior Center Bazaar; many groups were participating. Advised that despite a flier distributed the Golden Spectrum organization is alive and well. 6) Noted letter from Debbie Kramer regarding Little League boundaries. Suggested that the issue be researched to prevent children being excluded. 7) Received a call from a gentleman furious with City Hall, because the parents of soccer players at Terra Cotta Park received parking tickets. Need to look at providing adequate parking. Councilman Winkler stressed the danger of parking on the street in this area. 8) Noted letter from Debbie Renfrow regarding cancellation of the Christmas Parade. She indicated that she would like to see this budgeted and scheduled again next year. 9) Announced the H.O.P.E. food and toy drive for Christmas, as well as the Christmas party scheduled for December 17th. 10) Delinquent trash bills, expressed concern with the letter sent out through the City. CR & R should be handling billing. She expressed concern with the City harassing the residents for payment and indicated that CR & R should be obligated to handle it. 11) Noted that she attended the Sierra Circuit Rodeo. Councilman Winkler commented on the following: 1) Soccer field use and parking at Terra Cotta; noting that there is additional adequate parking in the school parking lot. He stressed the danger caused by limited visibility for cars turning left on to Grand Avenue and children in the area of the cars parked along the curb. He requested that the City Manager contact the School Board representatives to address this issue, noting that informal discussions have already occurred with Boardmembers. 2) McVicker Park, when will construction begin? City Manager Molendyk indicated that the Council would be receiving a memo on this item, but the project is underway. PAGE SIXTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 3) Amber Ridge is close to receiving sewers. Bids are out and expected to be opened soon. 4) Noted that he bought season tickets for the stadium at _ full price. Questioned the comments about special deals being given. Councilman Alongi commented on the following: 1) Will reserve some comments for Councilman Winkler, the Sun Tribune and the Chamber of Commerce because the meeting is not being televised. 2) Sierra Circuit Rodeo, stressed the importance of non- profit organizations working together. He stressed the existence of Rodeo Grounds and expressed concern with the non-cooperation of the chamber. He noted that this Rodeo could have made a profit if the Rodeo Grounds had been made available. 3) Mr. Creech, indicated that this incident possibly could have been prevented. He stressed the need to listen to the experts and go forward. Mayor Pro Tem Dominguez commented on the following: 1) Reminded the Community to participate in Winterfest. 2) Noted that he also bought season tickets. Mayor Washburn commented on the following: 1) Efforts of S.S. Burger Basket to serve Thanksgiving Dinner. Requested recognition of them at the next meeting. 2) Announced that Miss Lake Elsinore, Shannon Hughes was named Princess at the Indio Date Festival. 3) Concerns with the media. Indicated that he is disturbed with Councilman Alongi°s press conference. Mr. Alongi indicated that this was an interview requested by the press. Mayor Washburn expressed further concern with the press and their comments regarding the locations where crimes occur. He stressed that many incidents reported in the City actually occur in Sedco Hills, Wildomar or other unincorporated areas. He expressed concern with the impact of these items on the economics of the community. 4) Classic Western Productions Rodeo, concurred it is an important event to draw people to the community, but expressed concern with the comments that it was the Chamber's fault they lost money. He stated that Classic Western was offered the use of the facility for $5, 000. He suggested that possibly a compromise could have been reached. 5) Requested that the City Attorney draft a policy for agendizing items. He indicated that he feels a misuse is occurring and the existing policy is not sufficient. PAGE SEVENTEEN - CITY COUNCIL MINUTES - NOVEMBER 23, 1993 CLOSED SESSION None. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCI ~ MEETING AT 10: 09 P.M. I GARY M. ASHBURN, MAYOR CITY OF LAKE ELSINORE 2Alis , CITY CLERK CITY OF LAKE ELSINORE i i i MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA December 2, 1993 CALL TO ORDER The Special City Council Meeting was called to order by City Clerk Kasad at 2: 31 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN, WINKLER ADJOURNMENT The Special City Council Meeting was adjourned due to lack of a quorum at 2 :32 p.m. ITY CLERK CITY OF LAKE ELSINORE I MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, DECEMBER 6, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 2 : 35 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Special Projects Manager Wood, Public Services Director Tecca, Community Development Manager Shear, City Planner Leslie, Community Services Manager Best and City Clerk Kasad. BUSINESS ITEM 1. Memorandum of Understanding with Public Employees Association of Riverside County. Inc. (F: 116.2) City Manager Molendyk explained that this is the annual Memorandum of Understanding with the Riverside County Public Employees Association; and noted that the representative was in the audience to respond to any questions from Council. He advised that Management and the Association have reached agreement and recommended approval of the proposed Memorandum of Understanding. MOVED BY CHERVENY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC EMPLOYEES ASSOCIATION OF RIVERSIDE COUNTY, INC. RECESSED TO REDEVELOPMENT AGENCY MEETING AT 2 :37 P.M. RECONVENED THE SPECIAL CITY COUNCIL MEETING AT 2:47 P.M. BUSINESS ITEM 2 . Request to Amend_Design Review Approval (C 93-3) to Allow Modified Retaining Wall in Conjunction with the Lake Elsinore City-Center on Grape Street Oak Grove Equities) . (f: 150.2) City Manager Molendyk explained that the applicant had not planned to be at this meeting and thought that he had been continued. Mr. Schleuniger, the applicant, indicated that he does not have his engineers available for this meeting and felt that he needed one more meeting with staff before he was ready to come before Council. Mr. Molendyk stated that he understood that there would be a presentation regarding their alternative to the original plan at this time. MOVED BY ALONGI, SECONDED BY CHERVENY TO DENY THE REQUEST FOR PAGE TWO SPECIAL CITY COUNCIL MEETING DECEMBER 6a 1993 MODIFICATION TO THE RETAINING WALL IN CONJUNCTION WITH THE LAKE ELSINORE CITY CENTER. Councilman Winkler stated that Council had nothing in front of them for a decision at this time. Councilman Alongi stated that the item appeared on the Agenda to give the Council the opportunity to review the changes that they are proposing; however they are not present and his motion was to deny the request. Councilman Winkler asked why it would not be possible to give them a change to present their idea. He explained that they are already on record as having to continue what they are doing. Councilman Alongi explained that when they were present the last time, he thought this issue was settled. He commented that he was under the impression that they were on a tight time line, and a decision had to be reached. That time has passed and now they are back with more plans, but no costs, no scaled drawings of the proposed project and again it proposes to move the wall forward which is not what he wants to see for the project. Councilman Alongi further commented that Councilman Winkler stated that he did not want to hear the project again unless the applicant had a dramatic change for consideration. He stated that because the City of Lake Elsinore is a partner in this project with Oak Grove Equities, through sales tax and tax increment, in the amount of $3, 000,398.56, the City should make evident to Oak Grove Equities that the original plan is what has been accepted and nothing else. Mr. Alongi explained that if they want to modify the project he feels that they should file an application with the Planning Department and proceed in the regular routine, just like any other developer. Councilman Winkler stated that he met with the developers, and looked at their proposal and it is substantially different than what they talked about at the last meeting. He stated that it appeared that it would actually be an improvement over the other proposals. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A 3-2 VOTE WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO CONTINUE THE REQUEST TO AMEND DESIGN REVIEW APPROVAL (C 93-3) TO ALLOW MODIFIED RETAINING WALL IN CONJUNCTION WITH THE LAKE ELSINORE CITY CENTER ON GRAPE STREET (APPLICANT: OAK GROVE EQUITIES) TO THE NEXT MEETING. There was general discussion in regard to size and set-back of retaining walls and their appearance. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 2 :58 P.M. a TE .T: L �r G M. WASHBURN, MAYOR C Y OF LAKE ELSINORE V CKI KASAD, CITY CLERK MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, DECEMBER 22, 1993 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Washburn at 9:00 a.m. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Boone, Community Development Manager Shear, Community Services Director Sapp, Engineering Manager O'Donnell, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood and City Clerk Kasad. CONSENT CALENDAR MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Councilman Alongi requested that the motion regarding item number 2 be amended to include the provision of a plaque on the vessel recognizing the contribution's donors. WITH THE APPROVAL OF THE MAKER AND THE SECOND, THE MOTION WAS AMENDED TO INCLUDE THIS PROVISION. Councilman Alongi questioned the funding of Alternatives to Domestic Violence by the C.D.B.G. Grant funds and inquired how the funds would be administered now that the Human Services Center is no longer operating. Community Services Director Sapp explained that the funds will still go to that organization, but the County will be administering the program for City residents. Councilwoman Cherveny inquired where the office is for this organization. Mr. Sapp indicated that they are currently located at the Employment Development Department office. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 1. Approved Final Parcel Map 27852 relating to the Lehr Property. (F:134. 10) 2 . Accepted Donation of 23 foot I.M.P. Boat (CF #1037) & Tandem Trailer (#PU6029) from Paul Mickel for use in the operation of Lake Elsinore. (F: 48 . 1) 3 . Approved 19th Year C.D.B.G. Supplemental Agreements and authorized signatures and transmittal. (F:84.2) 4. Approved Cancellation of Regular City Council Meeting for December 28, 1993 . (F:44. 1) PAGE TWO - SPECIAL CITY COUNCIL MEETING - DECEMBER 22, 1993 ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING ,;�AS ADJOURNED AT 9: 03 A.M. GARY . WASHBURN, MAYOR CIT OF LAKE ELSINORE A TEST: ICKI KASAD, CIT CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA FRIDAY, DECEMBER 10, 1993 , 8 : 30 A.M. CALL TO ORDER The Special City Council Meeting was called to order at 8 : 30 a .m. by Mayor Washburn. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS : ALONGI , CHERVENY, DOMINGUEZ , WINKLER, WASHBURN ABSENT: COUNCILMEMBERS : NONE Also present were : City Manager Molendyk, City Treasurer Pape, Administrative Services Director Boone, Public Services Director Tecca, City Planner Leslie and Deputy City Clerk Bryning. BUSINESS ITEM 1 . Affirmation supporting realignment of City Council Elections . MOVED BY WASHBURN, SECONDED BY WINKLER TO APPROVE THE AFFIRMATION SUPPORTING REALIGNMENT OF CITY COUNCIL ELECTIONS . MOVED BY CHERVENY, SECONDED BY ALONGI AND FAILED BY A 2 - 3 VOTE WITH DOMINGUEZ , WINKLER AND WASHBURN CASTING THE DISSENTING VOTES TO RECONSIDER THE CITY' S POSITION ON ORDINANCE NO. 965 AND NOT CHANGE THE CURRENT COUNCIL ELECTIONS UNTIL THE FOLLOWING TERMS TO ALLOW A BETTER TRANSITION. Mayor Washburn then called for a vote on the main motion. Councilman Alongi called for discussion. Mayor Washburn stated that he had called for the motion and asked Mr. Alongi if he was in favor or not . Councilman Alongi stated that he felt the Mayor was trying to railroad the Council by not allowing proper discussion before taking the vote . He stated that the Mayor is in violation of City Council Policy by not allowing discussion. Mayor Washburn then called for the vote and stated that he was opposed to further discussion. Councilman Winker stated that he was opposed to further discussion. Councilman Dominguez stated he was opposed to further discussion. PAGE TWO - SPECIAL CITY COUNCIL MEETING - DECEMBER 10, 1993 THE FOREGOING MAIN MOTION WAS APPROVED BY A 3-0 VOTE WITH ALONGI AND CHERVENY ABSTAINING. MOVED BY WINKLER, SECONDED BY WASHBURN TO REMOVE ANY ITEM REGARDING THE ELECTION FROM THE CITY COUNCIL MEETING AGENDA OF DECEMBER 14 , 1993, BECAUSE IT IS A MOOT POINT. THE FOREGOING MOTION WAS APPROVED BY A 3-0 VOTE WITH ALONGI AND CHERVENY ABSTAINING, ADJOURNMENT MOVED BY WASHBURN, SECONDED BY WASHBURN AND CARRIED BY 3-0 VOTE WITH ALONGI AND CHERVENY ABSTAINING TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 8 : 33 A.M. / fv GARY A. WASH UR , MAYOR CIT F LAKE ELSINORE Respectfully submitted, ac diriaL. Bry ing, Depu CitYllerk AT ST: i I VICKI KASAD, CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 14, 1993 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER! WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Report on Outflow Channel. (F:92 .2) James Lowe, 3 B's Construction, advised that this project is on schedule and a bit ahead of schedule. He further advised that an expanded channel currently exists from Sumner to Riverside Drive. He noted that emergency plans are underway for the potential seasonal rains and the need to allow for drainage from the Lake. He commented that they have a corporate commitment to work through the holiday season on this project, rather than recognizing their annual shutdown. He detailed upcoming work and noted that Riverside Drive and Lakeshore Drive will be closing down on January 3rd and Graham Avenue will be closing on January loth. Councilwoman Cherveny questioned the simultaneous closure of Graham Avenue and Lakeshore Drive and inquired how long these roads would be closed and the appropriate alternate routes. Mr. Lowe indicated that Sumner and Heald would serve as alternate routes, however Graham Avenue was anticipated to be shut down for only 60 days. He noted the impact of GTE trunk lines in the area and timing for related work. Councilman Alongi inquired whether problems would continue in the area of Riverside and Gunnerson during the rainy season. Mr. Lowe requested clarification of this location. Mr. Alongi indicated that it was on the far side of the Riverside bridge. Mr. Lowe clarified that their project would not address that area due to the environmentally sensitive nature. Mayor Washburn noted the request of Mr. Dick Knapp to address PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 14, 1993 this item and deferred his comments to the Public Comment Section. B. Presentation - S. S. Burger Basket. (F: 56 . 1) Mayor Washburn commented on the efforts of this establishment to provide Thanksgiving Dinners for less fortunate members of the Community. He estimated that the cost of this effort was in excess of $3 ,000. He stressed the Community service provided and showed the City the plaque which would be presented to S.S. Burger Basket. C. Presentation - King Videocable - Tom Thomas. (F: 108 . 15) Mayor Washburn called Tom Thomas and Captain Wayne Daniel to the podium for presentation. He presented Tom Thomas and King Videocable with a City tile plaque for their efforts on the United Way Telethon and noted that the Telethon had raised over $22 , 000. Tom Thomas accepted the plaque on behalf of the committee and noted that in addition the Telethon, employee contribution programs had boosted the total contributions to $42 , 000. He noted the high level of support and assistance provided by Captain Wayne Daniel during the Telethon and in preparation for the Telethon. Captain Daniel commented on the efforts of Tom & Dee Thomas, Bill Starkey, Sarah Coleman, Vick Knight, Bob Harris and the other volunteers who donated many hours to the effort. He noted that the United Way returns more dollars to this community than those raised by the Telethon and stressed the positive impact of these funds on the community. D. Presentations - Winterfest. (F: 64.2) Mayor Washburn commented on the success of the Winterfest event and noted the support of merchants for the event. He detailed the festivities and thanked the merchants for their voluntary provision of hot drinks and cookies for the attendees. He presented Certificates of Appreciation to Rick & Sherry Kunstel, Inland Empire Lock & Key; and Ora Brimer, Main Street Trading Post. Mayor Pro Tem Dominguez presented Lilia Arciaga & Linda Nepper, A Touch of Heaven with a Certificate of Appreciation. Ron & Nancy Olin, The Enchanted Castle and Miguel & Rosie Topete, La Unica, were not present for presentation. PUBLIC COMMENTS - AGENDZZED ITEMS Requests were received to address items nos. 21 & 32 and deferred to those discussions. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 , 5, 9, 11, 12, 13, 14, 16. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 14, 1993 1. The following Minutes were approved: (F: 44 .4) a. Adjourned Regular City Council Meeting - November 10, 1993 . b. City Council Study Session - November 16, 1993 . C. Special City Council Meeting - November 23 , 1993 . d. Regular City Council Meeting - November 23 , 1993. e. Special City Council Meeting - December 2, 1993 . f. Special City Council Meeting - December 10, 1993 . The following Minutes were received and ordered filed: g. Planning Commission Meeting - November 17, 1993 . (F: 60.2) 3 . Received and ordered filed the Building Activity Report for November, 1993 . (F: 32. 2) 4 . Received and ordered filed the Code Enforcement Activity Report for November, 1993 . (F:54. 1) 6. Accepted San Jacinto River Channel Easement for Construction and Use from Sportsman's Lodge, a General Partnership and directed the City Clerk to record the document. (F:156.2) 7. Approved Change Order No. 8 for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements in Community Facilities District 88-3, West Lake Elsinore, for Summit Grading & Paving, Inc. (F:22 .3) 8 . Accepted Notice of Completion for Lincoln Street, Le Gaye Street and Grand Avenue, Street Improvements in Community Facilities District 88-3 , West Lake Elsinore, for Summit Grading & Paving, Inc. (F: 22 . 3) 10. Accepted of Drainage Easement Deed for Portion of APN #379- 180-004 from Westlink Property. (F: 132 . 1) 15. Accepted Donation of Land at Lot 156 on Iowa Street from the Estate of Emma A. Banner. (F:48. 1) 17 . Approved Public Hearing Date of December 28, 1993, for the following: a. Street Name Change of Sylvester Street from Lake Elsinore Diamond East to Mission Trail. (F: 158. 1) ITEMS PULLED FROM CONSENT CALENDAR 2 . L,E.A.F. Animal Control Activity Report - October and November, 1993 . (F: 18.2) Councilman Alongi thanked and commended L.E.A.F. °s staff and volunteers for their efforts throughout the year. MOVED BY ALONGI, SECONDED BY CHERVENY TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY REPORT FOR OCTOBER AND NOVEMBER, 1993 . PAGE FOUR - CITY COUNCIL MINUTES - DECEMBER 14, 1993 Councilwoman Cherveny extended her thanks to L.E.A.F. staff for their assistance in removing a possum, a skunk and a cat from her office. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 5. Warrant List _- December_ 2 ,_ 1993. (F: 12 . 3) Councilman Alongi questioned warrant #33512 to the Lake Elsinore Chamber of Commerce in the amount of $1,425. 00. City Manager Molendyk indicated that he believed that was the City°s participation in a new directory. MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST OF DECEMBER 2, 1993 , AS PRESENTED. 9 . Stop Sign Controlled Intersection _- Graham Street and Alley Intersection behind City Hall - Resolution No. 93-71. (F: 162 . 2) Councilman Alongi inquired whether the stop signs would stop only the alley traffic, or also the cross street. City Manager Molendyk advised that it was only for the alley traffic. Public Services Director Tecca indicated that the sign would only stop the alley because of limited visibility. Councilman Alongi inquired whether anything could be done to address the poor visibility. He asked if there was an ordinance which would prevent obstruction of visibility. Mr. Tecca indicated that the current ordinance only addresses intersections of streets, not alleys. Councilman Alongi inquired whether there should be another ordinance to address alleys. He expressed concern with the use of stop signs, when there should be a vehicle to require that the obstructions be prevented. He stressed that if the obstructions were removed, the stop signs would not be necessary. Mr. Tecca indicated that he could not think of another situation like this one. He noted that even with removal of foliage, visibility would be a concern. Mr. Alongi indicated that he was looking for a way to prevent obstruction of alleys. Mr. Tecca indicated that staff could review this possibility. City Attorney Harper concurred that it could be reviewed, but noted that enforcement might be a problem, if the obstruction is an approved structure. He concurred that bushes and trees could be addressed. Mr. Alongi noted that there is the same problem at Peck and Graham. Mayor Washburn inquired whether there has been accidents at the location in question. Mr. Tecca indicated that there have not, but a number of complaints have been received. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-71 AND DIRECT STAFF TO REVIEW THE POSSIBILITY OF AMENDING THE EXISTING ORDINANCES. RESOLUTION NO. 93-71 P_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 11. Renewal of Contract for On-Call Surveying Service - Fiscal Year 93/94 - The Keith Companies-Inland Empire. (F: 68 . 1) Councilman Alongi expressed concern with the same issue he RAGE FIVE - CITY COUNCIL MINUTES - DECEMBER 14, 1993 raised with the previous year's contract. He indicated that he would like to see a limit on the amount of work, with excessive amounts subject to review, to provide for some control on the dollars spent. Mayor Washburn questioned the current use of this service. City Manager Molendyk advised that records are kept of the work and most projects are limited to one or two days of survey. Public Services Director Tecca clarified further indicating that most survey projects are limited to 1% of the project. He noted that a number of bids were received for this contract and the price ranges are all similar. Mr. Molendyk requested clarification of the type of work contracted and how long each project would take. Mr. Tecca indicated that the total bill for these services last year amounted to only about $33 , 000, including the San Jacinto Channel, Downtown East project, etc. Councilman Alongi stressed that he would like to assure control over the jobs. He suggested that projects in excess of $5, 000 be subject to review. Mr. Tecca indicated that each set of plans is reviewed and the Keith Company provides a not to exceed estimate prior to doing the survey work. Mr. Molendyk further noted that this is an effort to guarantee rates for the next year. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RENEWAL OF THE CONTRACT WITH THE KEITH COMPANIES-INLAND EMPIRE, INC. FOR PROVIDING ON-CALL SURVEYING SERVICES AND PERFORMING AS THE CITY'S SURVEY CREW FOR FISCAL YEAR 1993/94. 12 . Change Order No. 2 for the Graham Avenue Landscape Project. (F:95.2) City Manager Molendyk indicated that this item should be moved to the Redevelopment Agency Meeting for consideration; and it was deferred to that time. 13. Notice of Completion for the Graham Avenue Landscape Project. (95. 2) City Manager Molendyk indicated that this item should be moved to the Redevelopment Agency Meeting for consideration; and it was deferred to that time. 14. Maintenance Contract for Street Name, Traffic Warning Signs and Related Devices. (F: 148. 1) Councilman Alongi inquired what account this money was coming out of. City Manager Molendyk indicated that this was part of the Public Works Street Maintenance Fund and not from the Capital Improvement fund. MOVED BY ALONGI, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR MAINTENANCE OF STREET NAME, TRAFFIC WARNING SIGNS AND RELATED DEVICES TO SIGNS PLUS IN THE AMOUNT OF $29, 139 . 50. 16. Entry License Agreement - Lehr Family. (F: 134 . 7) (X: 134 . 10) Councilman Alongi requested an explanation of this item. City Attorney Harper indicated that it was a housekeeping agreement which could have been included in the Option Agreement if the PAGE SIX a CITE COUNCIL MINUTES - DECEMBER 14, 1993 issue had been raised. He explained that it allows access to the Stadium site via the Lehr°s adjacent property for specified reasons, such as grading. Councilman Alongi inquired whether this meant work was occurring without an agreement. Mr. Harper indicated that this merely tightened up the existing agreement. Councilman Alongi inquired whether this involved the removal and replacement of dirt and whether it was the same agreement included in the Redevelopment Agency packet. Mr. Harper indicated that he would need to review the agreement further. Mr. Alongi requested further discussion by the Redevelopment Agency. Councilwoman Cherveny inquired whether this was the same agreement as that in the Redevelopment Agency packet. Mr. Harper advised that it was, because the City and the Agency would be parties to the agreement. Mr. Harper clarified that dirt was removed by a contractor and this amendment had been reached to address the situation. Mr. Alongi further indicated that he would like to discuss this item as the Redevelopment Agency. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS ENTRY LICENSE AGREEMENT ON BEHALF OF THE CITY. PUBLIC HEARING 21. Public Hearing on the Proposed Street Name Change of Railroad Canyon Road to Diamond Drive. (Fo158. 1) City Manager Molendyk explained that this street name change is proposed in connection with the construction of the Lake Elsinore Stadium. He further explained that the intent would be to promote the Stadium on the I-15 freeway. He detailed the notices mailed out and the responses received from Pardee Construction Company, the City of Canyon Lake, the County of Riverside Transportation and sand Management Agency, Melvine & Louise Higbee, Dr. & Mrs. Thomas F. Jessup, Joseph & Edna Price, Carolyn Vosburgh, and Pacific Coast Homes. Mayor 'Washburn opened the public hearing at 7 :44 p.m. asking those persons interested in this item to speak. The following people spoke: Annabelle Bates, 22794 Grey Fox Drive, Canyon Lake, representing the City of Canyon Lake, stressed the history and identity Railroad Canyon Road brings to the area. She applauded the City®s efforts on the Stadium and Baseball Club and noted the support Lake Elsinore businesses receive from Canyon Lake residents. She agreed that the name change would probably make a lot of sense , but requested that it only impact the portion of Railroad Canyon Road between I-15 and the Stadium. She further stressed the historical significance of Railroad Canyon to Canyon Lake and Menifee. She expressed concern with the impact of the proposed name change on existing businesses with Railroad Canyon addresses. John Zaitz , 30279 Clear Water Drive, Canyon Lake, representing the Canyon Lake Property Owners Association, noted that he is a season ticket holder for the Stadium, but expressed concern with the proposed name change. He noted similar facilities in other communities and stressed that the street names have not PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 been changed in the areas around Angel Stadium and Disneyland. He requested that the Council give consideration to changing only the portion of Railroad Canyon west of the freeway. Jeff Butzlaff, City Manager, City of Canyon Lake, concurred with the comments of Councilmember Bates and Mr. Zaitz and indicated that he was also representing the Canyon Lake Chamber of Commerce. He noted the City of Canyon Lake's strong support of the City's efforts on the Stadium and Baseball Team. He noted that additional concerns relate to the potential for a street name change on the other side of Canyon Lake relating to the Audie Murphy Ranch project. He stressed the importance of Railroad Canyon Road to the continuity and integrity of the surrounding community. Mayor Washburn closed the public hearing at 7 :52 p.m. Mayor Pro Tem Dominguez indicated that he is in favor of retaining Railroad Canyon Road to the East of the freeway. Mayor Washburn concurred with this position and further stressed the historical significance of Railroad Canyon Road. He noted that if this is not the final decision of the Council, he would pursue signage to note that this is the "historical Railroad Canyon Road" . MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT RESOLUTION NO. 93-72 , CHANGING THE NAME OF RAILROAD CANYON ROAD FROM THE I-15 FREEWAY WEST TO THE LAKE ELSINORE DIAMOND TO DIAMOND DRIVE. Councilman Winkler questioned Caltrans policy for signage and whether it would be signed for both street names in both directions on the I-15 freeway. Public Services Director Tecca indicated that he had spoken with Caltrans this date and while they do not have a firm policy, they would strongly discourage this type of delineation. He noted that even with this position, there is a great deal of precedent existing in other areas to support this action. City Manager Molendyk stressed that the City would be paying for the new signs. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. APPEAL 22. Appeal of Nuisance Abatement Action - Floyd Jackson. (F: 21. 1) City Manager Molendyk explained that this item involves a storage container which has been placed on Mr. Jackson's property. Floyd Jackson, 14074 Honeysuckle Lane, Whittier, indicated that he had checked with the planning department before he bought the container to assure that it would be legal within the existing zoning. He was told it would be o.k. and purchased and placed the container the next day. Mayor Washburn inquired when this question had been posed and to whom. Mr. Jackson indicated it has occurred in the last year and he had spoken with Armando in the Planning Department. i PAGE EIGHT e CITY COUNCIL MINUTES - DECEMBER 14, 1993 Mayor Washburn questioned the purpose of the container. Mr. Jackson indicated that it is for storage of tools and materials for maintenance of the property. He noted that he believes his lot is one of the cleanest in the area. He offered to work with the City on options. Councilwoman Cherveny inquired how long the container had been at this location. Mr. Jackson indicated that it had been there for 8 or 9 months. Mayor Washburn questioned the Nuisance Abatement Action on this matter. Councilman Alongi indicated that there had been no choice but to enforce the ordinance. Mr. Alongi further noted that Mr. Jackson's lot is exceptionally clean and he does not have a problem with the container in this area. He noted that the Municipal Code only allows for such a container when there is another structure for which the container is supplemental. He stressed that he doesn't feel the container is a visual nuisance. Mayor Washburn noted similar situations in more rural areas and the ability to provide a means of screening such a container. Councilwoman Cherveny inquired whether Mr. Jackson owned this container. Mr. Jackson confirmed that he had purchased it for approximately $1, 600. Mrs. Cherveny inquired whether he would have another location in which to place it. Mr. Jackson indicated he was not certain. Councilwoman Cherveny indicated that she appreciated Mr. Jackson's effort to check with the Planning Department before he purchased the container, although the information received was unfortunately not accurate. She recommended a waiver of the code requirements in this situation. City Attorney Harper indicated that it was his understanding that the staff member had understood that there was an existing structure on the property, to which this container would have been an accessory building. He indicated that it appeared to be a case of miscommunication. Mr. Jackson indicated that he had told the staff person that there was no structure and no address for the property. Mayor Washburn inquired whether Mr. Jackson had obtained a letter of approval. Mr. Jackson indicated he had not. MOVED BY CHERVENY, TO WAIVE THE CODE LIMITATION AND ALLOW THE CONTAINER TO REMAIN ON THE PROPERTY. Councilwoman Cherveny stressed the location and level of maintenance on the property. City Manager Molendyk requested clarification of the motion and questioned the potential of the property changing hands and a change in the level of maintenance. Mayor Pro Tem Dominguez indicated that at the time any permits are requested for this property, the container should be addressed again. Councilman Alongi commented that the container would be allowed if there was a business on the property. City Manager Molendyk requested clarification that the Council PAGE NINE - CITY COUNCIL MINUTES - DECEMBER 14, 1993 was saying as long as the property is maintained there is not problem. He suggested that the 'Council might want to make any approval subject to review. MOVED BY ALONGI, SECONDED BY CHERVENY TO TABLE THIS MATTER FOR 24 MONTHS. Councilman Alongi commented that it is important to encourage property owners to maintain their property. Mayor Washburn suggested that no time frame be included in the motion. City Attorney Harper noted the potential impact of other properties developing in the area. MOVED BY ALONGI, SECONDED BY CHERVENY TO TABLE THIS ITEM. Councilwoman Cherveny requested that Code Enforcement staff be informed of this position. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Second Reading - Ordinance No. 969 - Cardroom Fees. (F: 34 . 1) MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 969: Councilman Alongi asked if the City had met with the owner of the existing Cardroom. Mayor Washburn stated that he and the City Manager did meet with the Casino representative, Larry Regis, and discussed his letter of concern regarding the increase in fees. Mr. Regis requested that the fees be graduated over a period of four years. This would mean a 50% increase the first year, and so on. Mr. Regis further stated his concern regarding the inclusion of jackpoting; this is used to entice other players to the table, and the jackpot should not be calculated into the fee structure. Mayor Washburn stated that this could be handled through the administration of the City. Mr. Regis clarified that the money in the jackpot does not go to the Casino, therefore it should not be figured into the fees. Mayor Washburn explained that Mr. Regis presented the improvements that have been made, and the positive improvements that will occur in the future. He commented that the major portion of the discussion was in regard to an amendment of the fee structure. City Attorney Harper explained that if the Council amends the Ordinance, then it should go back for another first reading. Councilwoman Cherveny stated that she would like to give leniency to the Cardroom and would not be opposed to bringing the Ordinance back for another reading. She explained that the decision is based on the positive improvements that are occurring at the Cardroom and facilities, and she felt that they merited consideration of a graduated fee structure. Larry Regis, representative of the Lake Elsinore Resort and PAGE TEN - CITY COIINCIL MINUTES - DECEMBER 14, 1993 Cardroom, explained that he has worked closely with City staff and it was his understanding that this issue would be continued until such time as he could work with staff and resolve the graduation of fees. He stated that he had called the owner of the cardroom and told him that this item was to be continued and that there would be no need for him to attend this meeting. He explained that he was under the impression, after his meeting with the Mayor and City Manager, that Council would give the owner and himself the opportunity to present a proposal for a feasible graduation of the fee structure to meet the desires of the Council. He asked that Council consider a continuance to allow he and the owner to follow up with staff. Mayor Washburn stated that in fairness to everyone, he had told Mr. Regis that he was going to ask to have the item tabled until such time as a proper fee structure could be addressed. Councilman Alongi requested clarification. Mayor Washburn explained that the letter he had received from Mr. Regis, outlined the different phases which the Casino and facilities would be improved. At the meeting with Mr. Regis, it was discussed what other improvements could be done as well. He stated that his intent was to provide for a win/win situation, and that is why he would suggest a tabling of the item or a continuance. Councilman Alongi asked if the City could enter into a separate agreement with the current owners of the Casino regarding their ability to perform all the steps and work a graduated step in fees since they are the only cardroom in town and would affect no other business. City Attorney Harper explained that the only way to accomplished that action would be to amend the Code to revise the fee schedule. He explained that Council does not have the ability to modify an ordinance by agreement and the only way to impose fees is by ordinance. Councilman Alongi inquired if the Council amends the fee part of the ordinance, does the Council have the authority to amend it back to the original draft. Mayor Washburn clarified that Council can adopt the Ordinance with changes and then resolve what will be satisfactory to both parties. City Attorney Harper stated that if Council is going to consider an amended fee schedule in two weeks to a month, this Ordinance will not yet be in effect. Councilman Winkler asked what is meant by quarterly, since this Ordinance would not go into effect until after January. City Attorney Harper stated that this ordinance defines quarterly as beginning January 1. Councilman Winkler stated that at that point the Casino would PAGE ELEVEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 have missed the first quarter and therefore would not go into effect until the second quarter; and this would not affect the existing Casino until April 1. Councilwoman Cherveny asked if it would be better to table the motion until the Ordinance is further reviewed and has a new revision to the fee schedule. City Attorney Harper stated that it would be a simpler approach, but it would be up to the Council. Larry Regis stated that he thought it went beyond the fees and included the things that the City thought would improve the appearance of the Casino and the facilities. He stressed the time commitment and an adjustment to the fee schedule to accommodate those items required by the City. City Manager Molendyk explained that with new developments in the community, Council is worried about the Casino's performance. He further explained that the management and owner of the Casino are willing to sit down with staff and come to an agreement regarding the desired requirements of the City Council and Management and in turn the City would consider the reduction of fee in the first few years. He stated that the owner and management of the Casino are willing to comply, and if they fail to perform, then the City has the right to go back and put the fees into full force and they will be held responsible. Mr. Molendyk stated that the people from the Casino are more than willing to work with the City. Mayor Washburn asked about the existing motion. City Clerk Kasad stated that the existing motion was to adopt Ordinance No. 969 upon second reading. MOVED BY CHERVENY, SECONDED BY ALONGI A SUBSEQUENT MOTION TO TABLE THIS ORDINANCE. Councilman Winkler explained that if Council passes this Ordinance today, it will not go into financial effect until April 1. He stated that he was not opposed to a win/win situation for the community and the business, but he felt that the fee structure is necessary. Councilman Dominguez stated that if this Ordinance is passed, he feels that the Casino people should then meet with staff and not Council to resolve problems and address concerns. Mayor Washburn asked for clarification from Council as to whether Council is going to adopt the Ordinance as stands or whether the item will be tabled; in either case the City will work with the Casino to mitigate or resolve some of the issues. Councilwoman Cherveny stated that her main concern is, if the Ordinance goes into effect and then the Council wishes to change it after consideration and negotiation, then the amendment might not go into effect until after the next quarter becomes effective in fees and create a burden for the Casino. She stated that the City has waited this long and she didn't think that it would hurt to wait a bit longer. Councilman Alongi called for a roll call vote. PAGE TWELVE - CITY COUNCIL MINUTES - DECEMBER 14, 1993 THE FOREGOING SUBSIDIARY MOTION FAILED BY A VOTE OF 2 TO 3 WITH DOMINGUEZ, WINKLER AND WASHBURN CASTING THE DISSENTING VOTES. THE FOREGOING MAIN MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: ORDINANCE NO. 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5. 28. 060 OF THE MUNICIPAL CODE REGARDING FEES FOR CARD ROOMS. AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Washburn reminded Mr. Regis that he should continue to work with staff for a revision of the fees. 32. Public Safety - Proposition 172 . (F: 126 . 2) City Manager Molendyk explained that recently the voters of the State of California approved Proposition 172, which specifically dedicates sales tax to public safety. The amount of money that comes back to the cities is based upon population and the amount that the City of Lake Elsinore will receive is approximately $108, 000. Mr. Molendyk explained that there are alternatives such as fire and police services. Mr. Molendyk explained that there were several options in regard to Police services; such as Law Enforcement on the Lake, adding an officer, sharing the cost of the "DARE Officer" with the School District, or adding three Community Service Officers. The Crime Watch Committee has requested that the City consider hiring a full time staff position to act as a liaison with the Police Department and the Court system. Mr. Molendyk advised that overtime for sworn police officers was also a possibility Mayor Washburn then called on those persons who requested to speak as follows: Kevin Lanning, 15180 Grand Avenue, explained that in his opinion the staff position does not have to be a licensed professional, but rather could be a law student and the rate of pay could be approximately $30, 000 which would save the City $18,000. He stated that $18,000 could purchase another police car. He thanked the City for their consideration of a staff person who will keep the citizens informed. Mr. Lanning stated that he felt that due to the concern of City Council and their willingness to work toward a solution, the City will not be at the bottom of any list. Wally McQue, 33088 Case Street, pointed out that the FBI report placed the City of sake Elsinore at a low rating, and he explained that he felt that there was no more crime here than in any other city. He encouraged the Council to create the Staff Position to address crime. PAGE THIRTEEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 Councilman Winkler stated that he was not comfortable with sharing costs with the School District for the DARE Officer. He pointed out that at the arraignment stage, if the person pleads guilty, then the judge sets sentence with no knowledge to the public as to what the sentence is. It is necessary to have an interested person present to insure that the criminal is properly sentenced. He felt that it is important to have a constant dialog with the District Attorney and Perris Court Clerk to maintain current and accurate information. Mr. Winkler explained that he felt that it was very important for the City to follow the problem criminals, and watch every day, and if they are repeat violators or a first time grievous violation, he wants the judges, and the attorneys to understand that the City will not stand for improper judgment. He stated that this staff person can also keep lists of evictions and make them available to apartment managers to prevent the same element of person from moving from one point to another in the City. Mr. Winkler explained that with the Drug Nuisance Abatement Program, and the assistance from King Videocable 11311 , there is no reason why the City should not have at least one filing a week on that issue. He stated he would favor any proposal that would hire a staff person as soon as possible to implement all the programs proposed. Councilwoman Cherveny explained that she is not totally in favor of putting citizens on the street. She stated that the Apartment Owners Association tries to keep track of the evictions through a computer link, but it is a problem to get the information from the Courts. She stated that she would rather help the Association enhance what they are doing rather than repeat what they are trying to accomplish. She stated that she does not have a problem with a staff person tracking crime and interfacing, but she felt that there is not one single solution to this problem. She commented that $48, 000 is a little high to pay that person, and she would rather see a show of personnel out on the streets and free up the officers to allow them to accomplish what they need to do. City Manager Molendyk stated that the person must have a strong background in police science and have the ability to interface with the District Attorney and the various agencies. He stated that this would take a person with extensive experience or education. He stated that the person would need to act as a catalyst to get the proposed program off the ground. If Council does decade to implement this person, there would be required qualifications. Councilman Alongi stated that there is a need to stop the flow of crime first and then repair the problem as possible. He explained that if there is only repair, it does not stop the problem and he stated that crime needs to be stopped, whether it requires more police officers, Community Service Officers or private security officers; the objective is to stop the crime. He questioned the cost of the staff position and stated that the proposed staff person will be developing the program and it will need a lot of work. He questioned the wisdom of sending persons into court who will insist on jail terms, when it is known that people are being released from jail because there is no room. He stated that the tools need to be given to the Sheriff's Department to stop the problem PAGE FOURTEEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 before it gets to the courts. He questioned the liability to the City providing information, and indicated he would like to see the money go toward policing the community. Councilman Dominguez stated that he was in favor of the liaison, stressing that the person that will make this program work will be the person that is hired for the job. He explained that the program will have to be tried, before we know if it will work well or not. He stated that Council must look at the financial aspects and do the most that can be done for the money. He stressed that there is no way to know if the program will work until it is tried. Mayor Washburn stated that he concurred with most of the comments and explained that the most important issue is a reduction of crime in the City of Lake Elsinore. Mr. Washburn stated that it is not just the officer on the beat, but it is also structure abatement, nuisance abatement and involvement of the community. He stated that he felt that a liaison, who clearly knows what his roll is, could reduce the amount of crime in the City of Lake Elsinore. He noted that it is difficult to bring all the issues together. Mayor Washburn further explained that if the crime bill passes in Congress, then the City will need someone who can focus on getting the fair share amount for the City. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO APPROVE ALTERNATIVE ONE AS FOLLOWS: Alternative I Two Black/Whites @ 36 hours X 6 = 216 X 5 = 1080 X 4 = $ 4,320 Two gang @ 36 hours X 6 = 216 X 5 = 1080 X 4 = $ 4,320 $ 8, 640 $ 8, 640 X six months = $51,840 3 ,000 mileage 3, 000 48, 000 staff position 48, 000 6,840 supplies, gas, equipment 6, 840 Councilman Winkler explained that he had met with some of the people who are part of the Apartment Owners Association, and their program is just not working. He also stated that Judge Saradarian would like to help and wanted him to meet with his s►.aff person. Mr. Winkler stated that it is not possible for him to do all these things, and the City needs someone who can follow up on all the needed items. He explained that he has talked with Tom Thomas from King Videocable 01311, and that Mr. Thomas will aggressively pursue a hard line on criminals. Mr. Winkler commented that the Crime Watch program is very effective, but they need more information and assistance. Councilwoman Cherveny questioned why Alternative I is proposing to fund for only 6 months. Mayor Washburn explained that by the end of six months there would be a grant written for more money to fund. Mrs. Cherveny stated she would like to see a job description for the staff person, and some idea of what this person will be doing for $48 , 000 a year. She stated that she would rather see the City budget $24, 000 for 6 months and use the rest for officers and see what can be accomplished. PAGE FIFTEEN - CITY COUNCIL MINUTES - DECEMBER 14, 1993 THE FOREGOING MOTION WAS CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Peter Dawson, 18010 Grand Avenue, representing Southshore Homeowners Association, stressed their willingness to work with the City. He noted the upcoming new year and indicated that it would be nice to have passes available for the lake front property owners. WITH UNANIMOUS CONSENT OF THE CITY COUNCIL THE CITY COUNCIL COMMENTS AND CITY MANAGER COMMENTS WERE MOVED TO THE REDEVELOPMENT AGENCY MEETING. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS None. CLOSED SESSION None. ADJOURNMENT THE CITY COUNCIL MEETING WAS ADJOURNED AT 9: 05 P.M. GAR M WASH URN, MAYOR CIT 0 LAKE ELSINORE A PEST: VICKI ' SAD, CITY CLERK CITY OF ,AKE EL$INORE r� j ' 1 1