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HomeMy WebLinkAbout10-14-2008 City Council MinutesMINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 14, 2008 ******#*#**####****##**###*###'/f**1Hr##*****#f4#*********#*il*Yr##*********k********#*###*##*********#### CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:22 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) CONFERENCEWITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8) Properties: APNs 363281024-3, 363540003-4, 373061009-3, 373082021-8, 373083020-0, 373132052-0, 373132053-1, 373132059-7, 373133001-7, 373133002-8, 373134024-1, 373134026-3, 373135019-0, 373152001-6, 374043014-8, 374262004-6, 374262011-2, 375031023-6, 375042027-4, 375152048-3, 375152049-4, 375201019-8, 375201020-8, 375223037-2, 375274009-5, 375274010-5, 375274046-8, 375293023-6, 375293029-2, 375293030-2, 375321006-7, 375321030-8, 375321031-9, 375321032-0, 375321033-1, 375321054-0, 375324010-9, 378055055-0, 378100008-7, 378100017-5, 378157040-1, 378182017-9, 378182018-0, 379191004-2. City/RDA negotiator: City Manager /Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake County of Riverside, et al. Under negotiation: Price and terms of payment 373062006-3, 373132058-6, 373134025-2, 374072026-9, 375042028-5, 375223036-1, 375274047-9, 375321029-8, 375321053-9, 378100009-8, 378182035-5, Elsinore, and the (1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379-204-016-2 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Lillian Galiana Under negotiation: Price and terms of payment (1c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 375-264-019-3 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and James H. Harker and Stelca A. Somerville Under negotiation: Price and terms of payment (1d) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code Section 54957): City Clerk City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The City Council meeting was recessed into Closed Session at 5:23 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) City Council reconvened the meeting at 7:03 p.m. Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Captain Fetherolf, Captain Cleary, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Acting Director of Community Development Weiner and City Clerk Munson. PLEDGE OF ALLEGIANCE Rocco Melendez led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss four items identified on the agenda as Items 1a through 1d. The first three items involves real property negotiations pursuant to the authority of Government Code Section 54956.8. 2 Item 1(a) involves many parcels that are identified on the Agenda which are tax defaulted properties owned by the County. The negotiating parties are the City, the Redevelopment Agency and the County of Riverside. Under negotiation are price and terms of payment. There is no reportable action on that item. Item No. 1(b) also real property negotiations involve parcel number 379-204-016-2. Negotiating parties are the City and the owner Lillian Galiana. Under negotiation is the price and terms of payment. There is no reportable action on that item. Item 1(c) involves property along Wilson Way. The parcel number is identified on the Agenda and the negotiating parties are the City and the owners James H. Harker and Stelca Somerville. Under Negotiation is the price and terms of payment. There is no reportable action on that item. The fourth and final action involved public employee performance evaluation pursuant to Government Code Section 54957. The evaluation was of the City Clerk. It is my obligation to report tonight that Vivian Munson has submitted a letter of resignation and the City Council has unanimously accepted that letter of resignation effective immediately. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a proclamation to Vicky Figueroa on behalf of the Inland Empire Race for the Cure in recognition of the Susan G. Komen Race for the Cure. Vicky encouraged people to come out and thanked Council for the proclamation. (3) Mayor Hickman presented Certificates of Recognition to Corporal William Cuddy, Deputy Robert Wilson, Deputies John Juarez and Joseph Sinz, and CSO Miriam- Shumway, the Lake Elsinore Police Department Trauma Intervention Heroes with Heart recipients. Each of the recipients briefly thanked the City Council for the recognition and the City Council's continued support of the department and its officers. (4) Mayor Hickman presented the City of Lake Elsinore's Dream Extreme Outstanding Business of the Quarter award to the Links at Summerly, the City's golf course. Stan Gonzales, golf pro and Maryanne Melvroe, Food and Business Director for the Links expressed their appreciation for the recognition. (5) The City Council received a presentation from Nico Melendez, Spokesman for the U.S. Department of Homeland Security. Mr. Melendez acknowledged the law enforcement officers who were previously recognized. Mr. Melendez presented a slide presentation on the Ready Campaign, a public service campaign produced by the Department of Homeland Security providing residents with information on (- the steps to be taken in preparation of a catastrophic disaster. Mr. Melendez L advised how the City can assist with disaster situations. 3 ,~: ~ . (6) Mayor Hickman presented a proclamation to Ray Gonzales, Director of Parks and Recreation in recognition of Arbor Day. Director Gonzales accepted the proclamation and thanked the Council for proclaiming Arbor Day advising that the proclamation was the first step in becoming recognized as a TREE CITY USA. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Chris Hyland, a City of Lake Elsinore resident, expressed her opinion on the unethical practices of demolishing campaign signs during elections. She also discussed the bombing of a candidate's car. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 7 THROUGH 17 The following items were listed on the Consent Calendar for Council approval: (7) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -September 23, 2008. b) Regular Meeting -September 23, 2008. Recommendation: Approve as submitted. (8) Warrant List Dated September 30. 2008 Recommendation: Authorize payment of Warrant List dated September 30, 2008. (9) Claims against the City Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (10) Second Amendment to Janitorial Services Contract Recommendation: Authorize the City Manager to sign the Second Amendment to Service Contract for janitorial services for City parks and facilities with A & A Janitorial. {11) Second Amendment to Parks Landscape Maintenance Contract Recommendation: Authorize the City Manager to sign the Second Amendment Parks Landscape Contract with CTAI Pacific Greenscape to provide park landscape maintenance service to the City of Lake Elsinore. I (12) Refund Lake Management Fund Deaosit for FY 2008/09 4 ~I Recommendation: Approve the refund of the $650,000 Lake Maintenance Fund deposit for FY 2008-09. (13) Approval of License Agreement for Use of Old Library Building with California Family Life Center Recommendation: Approve the License agreement for the Old Library Building with California Family Life Center and authorize the City Manager to sign the agreement. (14) Approval of South Coast Air Quality Management District Lease Renewal Recommendation: Authorize the City Manager to execute the contract renewal with South Coast Air Quality Management District extending their lease agreement another five years. (15) Interchange Improvements at Interstate I-15 and Central Avenue (SR-74) - Consultant Selection for Surveying and Soils Testing Recommendation: Approve the selection of KDM Meridan for survey work and the firm of City and County Soil Testing for soil testing for Interchange Improvements at Interstate I-15 and Central Avenue (SR-74) and allow staff to process the agreement. (16) Purchase Authorization to Replace Enterprise E-Mail Server Recommendation: It is determined to be in the best interest of the City to waive the bidding process and authorize the City Manager to sign and issue a purchase order to Hewlett Packard, Inc. and Zones, Inc. for the replacement of the City's Enterprise E-mail System. (17) Minor Design Review for K. Hovanian Homes Recommendations: a) Receive and file the resolution and conditions of approval. b) Instruct the City Clerk to record the vote on the resolution as 3-2 in accordance with the vote taken on September 23~d c) Authorize the Mayor to execute the resolution. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to approve Consent Calendar Item Nos. 7 through 17. The following vote resulted: ~ AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) (18) General Plan Update and Draft Environmental Impact Report Recommendation: Consider the staff/Planning Commission recommendation and direct staff/Planning Commission accordingly. Mayor Hickman opened the Public Hearing at 7:37 p.m. City Manager Brady ihdicated that the General Plan Update and Draft Environmental Impact Report has gone through several Planning Commission ~ ~ hearings and deliberations and what is being brought forward is the recommendation of the Planning Commission. He asked Acting Director of Community Development, Tom Weiner, to review the staff report with the City Council and respond to any questions. Acting Director Weiner advised Council that staff completed its analysis of the land use requests that were presented to the Planning Commission during public hearings held in April and May of this year. The requests are included in a matrix in the staff report provided to Council. While reviewing the change requests, staff did identify many errors in the General Plan Update text, Land Use Map and the District Plans. Recommendations to correct these errors have also been made and are included in your report. At the September meeting of the Planning Commission certain concerns were raised related to the procedure of evaluating traffic impacts as well as-land use concerns in the Alberhill Land Use area and the Country Club Heights Land Use area . He made clear that based on the City Council's choice this evening there is a window of time where these areas can be re-evaluated before being brought back to the Planning Commission and the Council. The City Council has the following options this evening: • Consider and approve all of the changes recommended by staff and the Planning Commission so far. That would give staff the direction to move forward with making those changes and any subsequent changes that are 6 made can be made before re-circulating the Environmental Impact ~' Report. This option would cause the EIR to be re-circulated. • Approve and/or reject in part the recommended changes. Council can recommend those changes not approved by Council not be made and staff will proceed with the balance of the changes. This could possibly cause modification to the EIR. • Consider and reject all of the recommended changes and the General Plan land use stays as was previously presented. If the City Council chooses the first option it will allow staff to make final changes corrections and re-evaluations as well as ensure the environmental document is re- circulated and finalized in order to complete the General Plan Update. Acting Director Weiner advised that he has met with interested parties over the past few weeks and has several future meetings scheduled to discuss these issues, and he intended to do that in a timely manner in order to have the General Plan Update before the Council, the community, the development community and the business owners. Mr. Weiner made himself available to answer any questions. Tom Tomlison representing Castle & Cooke stated that they supplied an update to the Council today where they would like to be and how they would like to proceed with the Alberhill Specific Plan area. He advised there were several items he addressed with several individuals and both the City Manager and Acting Community Development Director have met with them to review the changes and he felt confident that the changes can be worked out in the future. He respectfully requested the City Council to allow that time to work out the differences between what's been presented to the Planning Commission and move forward with the re-circulation of the EIR. Miguel Flores expressed his opinion that Country Club Heights should remain the same. He indicated that he purchased property in that area in 1990 and if the area is rezoned Hillside Residential he will not be able to build what he thought he would be able to build. He expressed his wish that the City leave the parcels the way they are. Councilman Magee expressed his concerns regarding the process taking much longer than had been hoped having gone 30 months past the deadline with requests for more time and study. He pointed out as part of the North Central Sphere there are two parcels at the EI Torro turnoff that were created as part of the Highway 74 realignment that don't appear on the map and the proposed zoning is for Business Professional. If business professional includes outdoor storage he would be in support of it, otherwise that area needs to be re-evaluated and the two parcels that aren't on the map need to be General Commercial based on their location and physical characteristics. With respect to the concerns relating to the traffic study in the Alberhill Ranch area, he felt the City needed to take another look at the number of dwelling units proposed and 7 allowable. Based on the documents he has if the dwelling units are (~ underestimated at two dwelling units per acre in 1400 acres that is 2800 dwelling units and over 10,000 vehicle trips a day, which in his opinion equates to another lane for an arterial street. Mr. Magee felt that needs to be seriously examined. For the residents along Lakeshore, he wanted it made clear that staff's recommendation for public access for a boardwalk not be permitted on any private property. Staffs recommendation is that public access only be included on public property or on public right-of-way. Finally, he felt the City needed to find a way to address and encourage reasonable and responsible development in Country Club Heights. He thought Mr. Huber's paper, "A Bridge to Nowhere" which discusses combining 4,000 square foot parcels rather than changing the zoning to Hillside Residential where only one dwelling unit per lot is allowed, and which runs contrary to what Council is trying to promote, which is to collect parcels and then be able to build on them. He expressed his support of allowing staff to continue to work with property owners to re-circulate the environmental document and to go through and address the errors and omissions including the parcels he previously mentioned. Councilman Schiffner stated his opinion that Country Club Heights would never be developed unless a developer be allowed to accumulate parcels because the infrastructure would not be done by individuals. He expressed his view that the lots had to be accumulated and put together projects large enough. He felt the same thing would need to be done along the shore line. I.. ! Mayor Pro Tem Kelley thanked the Planning Commission for their hard work holding numerous meetings going over the document, listening to public comments and trying to adjust the General Plan. She felt the gentleman who submitted the "Bridge to Nowhere" report brought up some very good points and expressed her concerns that Country Club Heights needs to have a second look at it. The second area was along the lakeshore. Mayor Pro Tem Kelley feels the City's General Plan is, and should be, a visionary document guiding the City Council. The General Plan is supposed to be revised every ten years. This General Plan has to guide all of the city councils in the future as to how the development in this City should go, where it should go and what it should look like. In that respect it has to have a common thread of vision and that vision has to be shared by everyone that sits at the dais and all of the residents of the community. Working from that standpoint, the vision that she has always accepted held onto and thought was the majority of this City, was open recreational along the lakeshore. She expressed her disappointment that residential has been recommended along the lakeshore and thinks it is almost impossible to do because the requirements are 10,000 square feet lots. Lakeshore would have to be widened and it would be very difficult to have houses on the lots, sewers and other infrastructure that would be required to make that happen. She felt the City's policy on rezoning to residential is (~' misleading and would prefer to see that remain recreational. The Council. has had the goal to purchase as much land as possib-e with the idea of developing it 8 into a view shed with bicycle trails, picnic areas and beaches, and that is the vision she would like to hold onto. She expressed her concern that Council needed to take a close look at Country Club Heights which should be the most spectacular developed area in this town with the most beautiful view. She wants something different along the lakeshore. She can support the other changes made. Councilman Magee indicated he agreed with Mayor Pro Tem Kelley on everything except the lakeshore. He is a proponent of private property owner rights. There are some very difficult and unique situations along Lakeshore Drive; topography, flood plain and access or right of way issues. If the Council can go through and purchase these properties for public use and public access as envisioned by Mayor Pro Tem Kelley, he would agree. This Council has done some of that. However, if a private property owner can create something in that area then their investment has been realized. He believes to lessen the value of their property by zoning it commercial, artificially devalues their investment. He would like to encourage that investment in our town. Councilman Buckley asked some questions regarding the process. He wanted to know why this had to go back to the Planning Commission after the Council decided what to do and what changes to make. City Attorney Leibold explained that the Planning Commission needs to make a recommendation with respect to the EIR and the EIR has not been completed even to date with the preferred land use plan as stated in the project description. If the Council recommends the l I changes or accepts and directs staff to make the changes recommended by staff and the Planning Commission then the text changes and the General Plan, the map changes, and the corresponding changes in the EIR will be re-circulated then it has to go back to the Planning Commission to make a recommendation to the City Council. He questioned whether the parts of Wildomar that were left in the City's sphere had been removed. Staff confirmed that it has and they would confirm that. Councilman Buckley reviewed the changes to be made In the General Plan Update starting with Book 1, section 2.17 he suggested a bullet be added concerning mixed use bonuses. In section 2.3 he requested 5.6 be stricken as "true to form" is indefinable. He suggested under Railroad Section 2.43, that a reference be added concerning SCAG, RCTC and Metro link are potentially looking at a Metro link rail coming down the 15. Under section 2.43 Airport Transportation, he requested a reference that a permanent lit runway would be unacceptable and impossible because it would have to be paved and it is in the floodplain and the other difficulties associated with those issues. Under section 2.53 he noted a couple of anomalies between the City and the School District at North Peak and the end of Canyon Hills. He asked that a reference be added encouraging the rationalization of those boundaries. 9 Mayor Hickman confirmed that Councilman Buckley meant to encourage the i other school districts to allow Lake Elsinore Unified to expand contiguous with the City's boundaries. Councilman Buckley continued with 2.61 Adequate Electrical, Natural Gas and Telecommunications Systems.-He requested a reference in this section for newer tracts to promote telecommuting and be fully wired for telecommunications when created. Under section 6.2 - 22.5 There is a ratio of 1.5 officers per thousand and Council may want to consider an ordinance or resolution establishing a higher rate but to have 1.5 officers included in the General Plan is just never going to happen. It was noted the County standard was 1.2. Section 2.73, he noted a typographical error, "Villa" Rochelle should be "Via" Rochelle. Under Section 3.3 Air Quality Goals and Policies -- AB 375 and SB 32 are new and not referenced and should be referenced as "in accordance with the rational implementation of AB 375 and SB 32", if possible. Section 4.20 -Councilman Buckley noted that palm trees had been discussed. He asked if live oaks and different types of oaks also be listed for preservation. He referenced Map 4.8 which indicates the lake is visible from Lowe's parking lot. He felt there were problems with the map as to where the Lake can be seen and asked that that be resolved. Page 4-77 the City should consider an actual view shed ordinance in the coming future where legal and where appropriate. Book 2 -Business District Map - he asked how the Limited Industrial area was going to be accessed, whether access would be off Nichols or south coming off the 74. Historic District - residential mixed use at 5%, he thought it had gone up significantly and asked __ for confirmation that the numbers in the books were going to be changed to match the maps. Staff confirmed they would. He noted under 2.6 on HD 9 the phrase "true to form is indefinable" should be stricken. HD 11, under 3.2 the language "encouraging development to incorporate historical. architectural themes into building facades," he suggested striking the remainder following that phrase. Referring to North Peak, he noted there isn't a reference to the high school district line. Currently there is a line that defines Perris and Lake Elsinore and it would be better in the eventual Specific Plan not to change that line. He felt north of that line be strongly considered for senior housing. He suggested looking at expanding the auto mall area between 5 and 7 and asked about the area between Avenue 7 and 10 on Lakeshore, it is listed as Tourist Commercial and is maintained as Tourist Commercial on the modified map. He added that there are several zoning issues to consider in that area. Referencing the revised maps he felt the Business District was okay as is. He did not have any changes for Eastlake. He agreed with Mayor Pro Tem Kelley and Councilman Magee regarding the Lakeshore; that it is a vital part of the City and should be preserved. However, he felt with some very restrictive design standards calling for gaps, setbacks, minimum square footage, etc., there may be a way to allow building in that location. He asked if the designation in downtown at the corner where the Ambassador Hotel is mixed use? It was confirmed that it is (; Residential Mixed Use. He suggested coming back with consideration for L ~ changes to the Downtown Master Plan. He addressed the area between 10 Graham, Limited and Lakeshore from Poe to Lewis where it changes to high density residential indicating he is not sure if it is appropriate especially since the idea is to encourage higher density downtown to create the people to support the businesses in the mixed use area. He asked about the Alberhill Map, indicating the 9+ acres isn't showing as part of the flood plain and asked that it be looked at. Lake Elsinore Hills the density has significantly increased on the hillside to Medium; the original had been Hillside Residential. In his view there was no question that it had to go back to Hillside Residential. Staff confirmed it was changed to Low Medium: Councilman Buckley felt it should be Low or Hillside Residential considering the topography and the surrounding use. Under the Lakeview District at the corner of Lincoln and Riverside, he asked whether General Commercial would allow for Commercial Mixed Use. Staff confirmed that after talking with the property owner it was being considered for Commercial Mixed Use to allow for flexibility. Referencing Country Club Heights, Councilman Buckley stated the landowners have rights and residents have rights as well. According to the Residents Committee Report that was approved unanimously by the City Council the residents do not envision tract homes; they envision custom homes. He felt the proposed reference from SITL development is not a good idea. He confirmed, after being questioned by Mayor Hickman, that he was talking about the area from Gunderson Canal that is now designated Low Medium. He stated that considering it is surrounded by Hillside Low and Industrial makes it a planning island and it is inappropriate for that area. He noted the area along Strickland that is designated Medium Density is also inappropriate. He asked whether the area between Strickland and Trelevin, designated Business Professional was to transition between the floodway and the sewer plant. Mayor Hickman indicated he had numerous changes himself, a lot of them he thought Staff had heard. In Country Club Heights he would like to see Medium Density. He would like to see someone come in and develop that area mentioning a person has purchased several lots and he felt he had every right to develop those lots and especially on Gunder Avenue where it is designated Hillside, he felt it should be Medium Residential. He indicated that a lot of the maps he had were not up to date and he planned to give Staff all of his changes rather than take the time to discuss them at the Council meeting. Mayor Hickman stated the County owns a lot of the area along with DLM in the North Central Sphere. They have a corridor that comes through next to Syntex in that area and there is no cutoff for the EI Torro Road that belongs to the County. He suggested Staff obtain a County Map to coincide the County's designations since that area does not yet belong to the City. There are mapped areas that are not included in these maps. There is a lot of the open space in that area and in North Peak that should be noted. He indicated that he would meet with Staff to 11 review the remainder of his changes. He felt time was not of the essence, it was more Important that the General Plan be done right, ' Councilman Magee added to the Mayor's comments regarding the EI Torro cutoff, indicating the County was designating the area from Highway 74 to Nichols as a six lane road and there were several blue line streams in that area. He stated that Staff needed to match up with what the County Road Department was proposing in that area so that the City's maps are consistent with what the County has proposed whether or not annexations go forward, so the public receives the correct information. The Mayor invited further comments from the public. Daniel Uhlry, a citizen of Lake Elsinore referenced a General Plan study group for Country Club Heights several years ago and expressed his concerns that water and sewer were discussed In the General Plan update. He mentioned that on Strickland the water provider was EMWD and on the other side of the hill was Lake Elsinore Water District, which has very small water lines in that area. Before any development is done in that area something will have to be done about the water before anything is considered because there is not enough water up there now. The sewers may also be an issue and should be considered in the General Plan. The Mayor directed Staff to go back to the General Plan Report of 2006 and look at it because in reference to Country Club he thinks Mr. Huband has enough lots to help develop that area. There being no further comments, the Mayor closed the public hearing at 8:24 p. m. Mayor Pro Tem Kelley requested clarification regarding the options that were presented and the comments she heard whether the motion would be to make the changes that were spoken about. City Attorney Leibold confirmed that what she heard was Council would like to direct Staff to make certain adjustments and revisions in the preferred Land Use Plans, the corresponding text, make the necessary changes to the Environmental Impact Report, and re-circulate it if necessary. She indicated there is a long laundry list of changes recommended by staff to the Planning Commission and from the Planning Commission to the City Council. She heard some differing opinions with respect to specific areas, Country Club Heights, the Lake edge, Lake Shore and she felt Staff needed clarification She mentioned there was one comment on the methodology of the traffic study and the Pacific Clay area which would be a different methodology than used throughout the balance of the Environmental Impact Report and typically used by the City in evaluating traffic on a General Plan Land Use designation. To the extent that there is no 12 disagreement, the direction would be to make the changes as recommended by the Planning Commission. With respect to those few items where their appears to be a different opinion .staff needs more specific direction or they wont know what to bring back to Council. She advised that does not mean the Council is making a final decision. Whatever is prepared and presented as the project and evaluated in the Environmental Impact Report will be re-circulated, comments will be received and responses will be made to those comments, at which time it will be presented to the Planning Commission and then to Council; but staff needs direction on those few items. Mayor Pro Tem Kelley moved to reject the Planning Commission's changes regarding the Lake edge area and direct staff to revise the General- Plan update consistent with the original designation on the preferred Land Use Map; second by Schiffner. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN SHIFFNER NOES: COUNCILMAN MAGEE ~I ABSENT: NONE ABSTAIN: NONE Buckley moved to approve everything on the revised Country Club Heights Map recommended by the Planning Commission except for two modifications between Strickland and Key; one area to be designated Hillside Residential and the other area as Low Density. The motion died for lack of a second. Thereafter a motion was made by Mayor Hickman to send the Country Club Heights Land Use Map back to the Planning Commission to make changes; second by Mayor Pro Tem Kelley. No vote was taken. Thereafter followed a brief discussion regarding the land use designations on the Country Club Heights Land Use Map and Councilman Buckley suggested changing an area to Low and changing Hillside to Low and change another area to Low. Staff confirmed Councilman Magee's question that if Country Club Heights is i designated all Low Density or Hillside Residential then existing medium or high 13 density units become legal non-conforming; and if they were to become destroyed they would have to meet the new standard. i The City Attorney advised that absent an action, Staff would proceed with the Planning Commission's recommendation for purposes of completing the Environmental Impact Report which will be presented to the Planning Commission with a recommendation to the City Council and ultimately the City Council by way of a Public Hearing will make a final determination. So if Council can't make a majority vote tonight to accept or reject the Planning Commission's recommendation Staff will proceed with the Planning Commission's recommendation. Councilman Magee suggested moving past this item and going forward with the third item of contention which is the Alberhill Traffic Analysis. He stated he both heard the attorney and read the report that states the standard is to use four dwelling units per acre in this particular area where there is a maximum allowable of six and he concluded from the report that there would be 10,000 more trips a day. He did not understand why that would not be analyzed. Staff indicated it was more a matter of consistency. There would be more flexibility using six; however, a new traffic study would have to be done. It was confirmed that the Specific Plan has always recognized it as six but the General Plan has not analyzed it as six. It was explained that four was in line with everything else that was analyzed as a baseline number. Attorney Leibold explained that it was her understanding that throughout the entire General Plan Update and in the City's regular course of business that traffic is analyzed at the midpoint of the allowable range and in this case the mid- point would be three, but it was analyzed at four. That same methodology was used throughout the General Plan update. So to take one specific area and analyze it differently for that area raises the question whether the methodology is wrong throughout the entire General Plan Update. Further explanation was provided for purposes of the General Plan land use designation. There is a range and the Specific Plan is then adopted to be consistent with the General Plan. If a specific project is consistent with the Specific Plan and the Specific Plan is consistent with the General Plan then no additional environmental analysis is required and the developer can rely on the General Plan EIR. If a denser project within that range but at the high end is proposed then additional analysis is required because the General Plan allows for a range and the adopted method has been to analyze at the mid-range. Staff suggested that if Council directs Staff to analyze at six because of the potential for development, then that can be explored. After further concerns expressed by Councilman Magee, Attorney Leibold explained that Castle & Cooke's comments with respect to the traffic engineers analysis was for the 14 Pacific Clay property, not Alberhill. Alberhill has an adopted Specific Plan and there will be no additional environmental analysis required. Thereafter followed a lengthy discussion regarding the traffic circulation in the North Peak area and whether the City could use Castle & Cooke's traffic study to save costs and whether there were other areas where there were pending specific plans where the traffic study does not match. Mr. Tomlinson addressed Council indicating that Castle & Cooke has aPre- Annexation Development Agreement with the City that specifically calls for six dwelling units per acre and that is what they would like to include in the Environmental Impact Report. He indicated that they did instruct and pay for the consultant to modify the traffic report to include that quantity. Attorney Leibold confirmed that there is a Pre-Annexation Development Agreement but it does require that a Specific Plan be submitted subject to the discretion of the Planning Commission and City Council. Mayor Pro Tem Kelley moved to go forward with the Study at the higher level for the Pacific Clay area; second by Mayor Hickman. Councilman Magee requested the motion include direction to have Staff analyze whatever work already completed by the developer and add it, modify it or delete it as deemed appropriate by Planning staff and recognizing that the City was not tying the hands of future councils with respect to density, but is providing a tool to adequately analyze future impacts; Second by Mayor Pro Tem Kelley. The final vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES : COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE Attorney Leibold advised that she thought those were all the items that required specific motions and if there was nothing else then a motion should be made to have staff proceed as recommended by the Planning Commission. ~~ 15 Mayor Hickman noted that on the North Central Sphere Map there were a lot of things that needed to be changed and stated he will go through them, if that is the wanted. The City Attorney advised that the issue is that if the Mayor takes his concerns up individually with staff, then the Council is delegating to the Mayor the authority to delegate to staff without being considered by the entire body and the Planning Commission, otherwise it will need to be considered by the entire Council. Mayor Hickman presented his concerns on the North Central Sphere Map beginning with North Peak on Vista Lane the yellow box is BLM .land and the other gray boxes are County land. He would like those area designations to coincide with the County's maps. EI Torro cutoff is not shown and needs to coincide with the County map. The purple area where Sunblaise is marked Business Professional; he felt it should be Light Industrial. He suggested Staff check with the County because they have different markings. Mayor Hickman clarified for staff that he was looking for MSACP land. He indicated the EI Torro cutoff should be the same as the County designation. What the County shows in purple which is just above Sunblaise, Staff is recommending Business Professional he felt it should be Industrial just like the County has designated. He felt the squares where the purple ends going west abutting the yellow was being used as Industrial. Staff advised the Mayor that that area is residential and is in code violation of the County. That area was designated residential RA 20,000 square foot lot minimums and there are currently code violations against the County. The County has a habitat corridor going through near Sharon Street, in the green area and half of the red and purple and goes south at an angle. The area that says Lake Elsinore Hills is all habitats currently. All of the area that says Lake Elsinore Hills in yellow is currently a mapped land. He felt the three large yellow squares below the location marked Third Street heading toward 74 should be Light Industrial. Mayor Pro Tem Kelley moved to accept the Planning Commission's recommendation with respect to the entire North Central Sphere with the specific changes outlined by Mayor Hickman and move forward with the General Plan; second by Mayor Hickman. After which a brief discussion regarding whether Spyglass has been mapped. Staff confirmed it had not The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 16 COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMIS) (19) City Manager Brady advised this ordinance had been reviewed by the Public Safety Advisory Commission. Mark Dennis advised the Public Safety Advisory Commission had unanimously voted and he was available for comments. Mayor Pro Tem Kelley moved to introduce the ordinance by reading the title only and waived further reading; second by Councilman Magee. The City Clerk read the title of the ordinance into the record and called the roll for the vote: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.13 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF SOLICITION The following roll call vote resulted: AYES: COUNCILMAN MAGEE COUNCILMAN SCHIFFNER MAYOR PRO TEM KELLEY MAYOR HICKMAN NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (20) Introduction of an Ordinance Adooting Tree Preservation Guidelines City Manager Brady advised this ordinance was for the Tree Preservation Guidelines which would allow the City to receive a Tree City USA designation. 17 This ordinance recognizes the efforts the City is making in preservation of trees in the public rights of way, not on private property. Councilman Magee introduced the ordinance adding Chapter 5.80 to Lake Elsinore Municipal Code regarding Tree preservation by reading the title only and waived further reading. The City Clerk read the title of the ordinance into the record and called the roll for a vote: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEELSINORE, CALIFORNIA, ADDING CHAPTER 5.80 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING TREE PRESERVATION The following roll call vote resulted: AYES: COUNCILMAN MAGEE COUNCILMAN SCHIFFNER MAYOR PRO TEM KELLEY MAYOR HICKMAN NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (21) Appeal of TUMF Building Designation of Service Commercial City Manager Brady indicated that under the Transportation Uniform Mitigation Fee program there are designations with regard to how the fees are applied to various types of construction, residential, commercial and industrial. The applications of the TUMF fees to this project have been appealed by the Applicant. Public Works Director/City Engineer Seumalo advised that the applicant, Omni West Group, who built an office medical complex on Canyon Estates Drive across from Ridgecrest Drive is appealing Staffs recommendation under the TUMF designation as Service Commercial. Under the program the administrative plan designates an appeal process. He briefly explained the appeal process leading to the appeal to the Council and subsequently to the TUMF Board, WRCOG. The applicant disagrees with Staffs recommendation to maintain the Service Commercial designation. He reviewed Staffs evaluation advising the project has two buildings. The first building is 16,835 square feet per floor; Building 2 is 15,984 square feet per floor. The project meets all other requirements for a Class B office except the square footage which is 20,000 square feet per floor. The difference in cost for the project between Class B 18 _ Office and Service Commercial is approximately $231,000. The Class B project would pay a TUMF fee of $143,743 and under Service Commercial the fee is $374,792. Staff was successful in contacting the WRCOG as directed by Council at the 4:00 pm meeting. The process as explained to Staff is that if Council disagrees with Staffs recommendation and upholds the appeal, the decision would go to the WRCOG Board; and at the WRCOG Board, if the Board rejects Council's decision to change the designation, the City is liable for the difference which is $231,000. If the WRCOG Board accepts and upholds the Council's decision the City is not liable for the difference in the TUMF fee. If'the City Council rejects the appeal and upholds staffs recommendation then the decision goes to the WRCOG Board and it is up to them. Kipp Dubbs on behalf of Omni Group addressed Council indicating that they are taking issue with the spirit of the law. He advised the reason WRCOG enacted this was to provide developers with an incentive to bring in Class A office facilities to cities in the Inland Empire. Mr. Dubbs believes they have met all of the criteria defined as Class A structures having elevator service, two story concrete structure, and interior access into the office suites. The only criterion not met is the differential of about 4,000 square feet per floor. Because this is a condominium project and it is governed by CC&Rs and even the CC&Rs views the buildings as one project. The parking is for both buildings. If office space is owned in the building on the left, the owner also owns the common areas including the lobbies in both buildings as well as the office space. The applicant thinks WRCOG's position is flawed in areas like Lake Elsinore where new growth is being experienced. Gary Washburn respectfully requested of Council to include in their motion language to the effect that all the items in the office classifications are met except that one and the hardship factor should be considered when it goes to the TUMF Board. After further discussion regarding the issues, Councilman Magee moved to deny the appeal and request relief from the WRCOG Board, encourage the applicant to appeal to that Board and express that this Council believes the applicant has met the intent of the criteria in order to qualify for the lower TUMF fee; second by Mayor Pro Tem Kelley. Councilman Schiffner asked whether the requirements, other than the square footage, of a Class A and Class B building were different or the same. Councilman Buckley asked whether in this case the difference between Class B and Commercial Service is the function of the square feet. Staff said not necessarily, explaining that Class B office has some other minimum requirements. Staff further read the requirements for Service Commercial from the manual and confirmed there is a significant difference between Class A and Class B. 19 Councilman Buckley advised, as the WRCOG representative, he would abstain from the vote. Thereafter followed a discussion regarding Councilman Buckley's abstention and Council's direction to the WRCOG representative regarding the appeal. Based on the discussion, Councilman Magee modified his motion to deny the appeal, to strongly encourage the applicant to further their appeal to WRCOG, to request from the WRCOG Board relief in this particular case from this requirement because the builder has met the intent of the requirement, and furthermore that the City's WRCOG representative, Thomas Buckley, be directed to support the applicant's appeal; second by Kelley. The following roll call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMAN BUCKLEY The City Council recessed to the Redevelopment Agency meeting at 9:32 pm to conduct business. The City Council reconvened at 9:40 p.m. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1) Thursday, October 16, Assembly Members John Benoit and Kevin Jeffries will provide the EWDC updates on what is happening in Sacramento, the event is from 11:30 am to 1:30 pm at the Diamond Club and the cost is $25 for members and $30 for non-members. (2) The Lake Elsinore Valley Camber of Commerce mixer is at 5:30 pm to 7:30 pm on October 23" at International Auto Crafters, 29385 Hunka Way. (3) Saturday, October 25~" is the Lake Elsinore Cruise Day from 5:00 pm to 8:00 p.m. in downtown Lake Elsinore. (4) Saturday October 25~h the Women's Club Halloween Ball from 8:00 pm to Midnight at the Women's Club, admission is $15 and costumes are a must. (5) Safe Candy Night, Friday; October 31st, downtown Main Street from 4:00 p.m. to 20 7:00 p.m. (6) Saturday and Sunday, November 8th and 9th, the Lake Elsinore Grand Prix at the Elsinore Motocross Park at Cereal Street. (7) Tuesday, November 11th, Dr. Passarella's Annual Report with regard to the School District from 5:30 pm to 8:30 pm at the Diamond Club, admission is $25 for members and $30 for non-members. Dr. Passarella's superintendent will provide an update on Lake Elsinore Unified School District as part of Celebrate Schools Week. (8) This Thursday, October 16th at 4:00 pm in front of City Hall the first sign depicting and identifying Historic US Route 395 for the City of Lake Elsinore will be unveiled and everyone is asked to join the Council and Staff. Assemblyman Jeffries who assisted the City in receiving this designation will be present. (9) City Manager Brady reminded everyone to shop locally and keep the sales tax dollars in the City which also helps to create jobs and keep those jobs in Lake Elsinore. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: No comments. Councilmember Magee commented on the following: Councilman Magee announced that on Wednesday at 6:00 pm at the Diamond Club the Boy Scouts of America will recognize Mr. Paul Nyhouse as their Citizen of the Year. It is a fundraising event for the boy scouts and he encouraged anyone to come down and give money to a good cause and recognize a fine representative of this community for his efforts and donations to this community over the years. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. 21 Mayor Hickman commented on the following: Mayor Hickman announced that over the weekend the Diamond Stadium held a Scary Monster Halloween program. He also highly recommended that anyone who is available to go to the Susan G. Komen Race for Breast Cancer event and either walk or run the 5K; it is a very worthy program. ADJOURNMENT Mayor Hickman adjourned the meeting at 9: 44 p.m ICKMAN, MAYOR CITY OF LAKE ELSINORE A CAROL COWCEY, INT RIM CITY CLERK CITY OF LAKE ELSIN RE r 22