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HomeMy WebLinkAbout03-23-2004 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5 :40 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake/Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Recreation and Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) (F:40.1) Property: Assessor Parcel Numbers 347-330-045, 347-330-046, 347-330- 051,347-330-50,347-330-052,347-330-053, 347-330-019, 347-360-004, 347-360-005,347-360- 03,347-250-006,347-250-007; 347-250-008, 347- 350-003; 347-350-014; 347-350-015; 347-360-006 and 347-360-007 Page Two - City Council Minutes - March 23, 2004 - Negotiating parties: Wasson Canyon Investments, L.P., A California Limited Partnership, South Shore Properties, LLC, a Nevada limited liability company, the Treasurer of the County of Riverside and the City of Lake Elsinore Under negotiation: terms of payment City Attorney Leibold announced the Closed Session discussion item as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:41P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7 :07 p.m. - PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Leroy Tucker. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake/Aquatic Resources Director Kilroy, Police Chief Walsh, - Page Three - City Council Minutes - March 23, 2004 Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session as listed on the agenda, with no reportable action. She noted that the item would also be discussed in open session as Item No. 37 on this agenda. PRESENTATIONS/CEREMONIALS a. Presentation - Rosetta Canyon Park. (F:114.20) City Manager Watenpaugh deferred to Community Services Director Sapp for presentation on Rosetta Canyon Park, formerly known as Ramsgate Park. Community Services Director Sapp provided a history of the proposed park site; which due to a reduction in units had gone from 55 acres to 23 acres and detailed the possible configurations. He explained that there would be multi-purpose youth fields for a variety of leagues, small plazas at each major entry point, seating areas, a site for a future community center, and an action sports area for a skate park or three tennis courts. He noted that the future Community Center could be used for soccer fields and triplex basketball courts. He noted that in addition to the ball fields, there would be a concourse area of about 20,000 square feet with a canopy, restroom and concession area; which would be elevated by seven to ten feet above the ball fields. He indicated that staff met with the Leagues, and one of their main concerns was to retain the larger fields. He advised that this could Page Four - City Council Minutes - March 23, 2004 - be accomplished without impacting the overall features of the park. He noted that the project cost would be $3.5 million, and the developer was committed to put in about $2.8 million. Mayor Pro Tern Kelley questioned the timing. Community Services Director Sapp indicated that the park would be built in Phase I; and noted that they were getting ready to grade. Mayor Pro Tern Kelley questioned when the park would be complete. Community Services Director Sapp indicated that it would be on line by mid-year 2006. Mayor Pro Tern Kelley inquired if the fields would be lit. Mr. Sapp confirmed that the ball fields and soccer fields would all be lit; and noted that there would be an emergency access area. He also noted that there would be a limited impact by the lights on the residents. Mayor Pro Tern Kelley inquired if there would be a trail within the park. Community Services Director Sapp confirmed that there would be a sidewalk around the entire park, as well as intemalloops of sidewalk. - City Manager Watenpaugh indicated since this was a brand new community, it was the intent of staff to get input on the park from the Council and the Community. Councilman Hickman indicated that he liked the big baseball field, and questioned the soccer fields. Community Services Director Sapp clarified the soccer overlay area. Councilman Hickman stressed the popularity of soccer and commented that the park looked good. City Manager Watenpaugh questioned the funding issues. Community Services Director Sapp indicated that staff was working on those issues right now; and noted that estimates of the costs were known, but it would have to be worked out. He suggested that an option might be that the tennis courts would not go in initially; and noted that there were also potential park fees to off-set the costs. - Page Five - City Council Minutes - March 23, 2004 Mayor Buckley indicated that the tennis courts would be nice, and addressed the color rendering. He commented that going to the larger field would only impact a line of trees and one other facility. Community Services Director Sapp clarified that the other facility was the tot lot, and it could be retained if the field was enlarged. Mayor Buckley inquired if there would be a lot of trees. Community Services Director Sapp confirmed that there would be 600 trees, 500 shrubs and ground cover. Mayor Buckley questioned the gazebo. Community Services Director Sapp clarified the facility over the restroom and concession area. Mayor Pro Tern Kelley questioned if there would be picnic areas and bar-be-ques. Community Services Director Sapp indicated that the picnic area would be similar to that at McVicker park with benches and bar-be-ques. Councilman Magee indicated that the rendering was beautiful, but he had received the material at 4 p.m.; and was hearing that the developer was required to provide $2.8 million, but the overall cost could be as much as $3.7 million. He expressed concern that he could not give direction tonight. City Manager Watenpaugh clarified the request, noting that staff knew what was available to spend, so the project would be phased to the dollars. He explained that if there were other concepts the Council or Community would like included, staff could address them in the project. Councilman Magee clarified that the intent was to gain direction on what would be preferred for these facilities; and indicated that he would need more time to digest the information. Community Services Director Sapp reiterated that the intent was to give the Council an idea of what was proposed, and phase in any changes at a later date. Mayor Buckley inquired if there was any input from the audience. Madeline O'Leary indicated that she was wondering why this was not introduced to the young people. She noted that she was a teacher and felt the foundations should be established with young people. She suggested that they could give all new insight to a project like this, and make them feel they are part of the project and their government. Page Six - City Council Minutes - March 23, 2004 - City Manager Watenpaugh reiterated that staff was going through the process, and the park plan was part of the Master Plan adopted in 1995. He noted that the intent was to keep up with the development time line. Mayor . Buckley suggested that the Council and public could digest the information and e-mail staff with their comments. b. Presentation - Campground Improvements. (F:114.13) City Manager Watenpaugh noted that the presentation would be made by Chet Roberts of Pyramid Enterprises; and explained that the intent was to present a conceptual plan of the proposed renovation and improvements for the campground. Chet Roberts noted that 2 and Y:z years ago he had sought the approval of the Council to enter negotiations for operation of the recreation area. He commented that he did so with some apprehension, but it had proven to be a - very wise choice; and expressed hopes that the Council would concur. He indicated that he had received tremendous cooperation from City staff, and at this point felt even more confident and secure with the future of the facility. He commented that the area had a tremendous amount of growth underway and there was a real demand for the facilities they were proposing. He indicated that in order to accomplish the planned improvements, he needed to partner with someone to bring the improvements forward. He introduced Fred Rice, who had been a developer for thirty years, and indicated that they were very excited about entering into another agreement with the City to develop this prime real estate. Fred Rice indicated that he was partnering with Mr. Roberts to bring this proposal forward for a concept which would be an extension of the existing facility. He advised that they would be upgrading the facility to much higher standards, as the Recreational Vehicle industry is growing at a rapid pace; and noted the sales factors over the last two years, projecting the trend to continue. He noted the desirable amenities for this type of facility and commented that there are not too many high end R.V. parks in California. - Page Seven - City Council Minutes - March 23, 2004 He commented that some parks require buy-ins, but this type of park draws people to use the local restaurants and the lake and go home. He noted that this park was a 1950's vintage park, and has struggled over the last seven years. He suggested that with the proposed improvements, they felt that the park could bring ten times the revenues produced today. He detailed the proposed changes to the entrance to make it curve to Lincoln Street, noting that it would eliminate major traffic problems and hazards. He advised that the inner gate would be further into the facility, so it would allow for stacking ofR.V.'s. He further advised that within the core of the park, the roads would all be extra large to accommodate the new 45 foot R.V.'s, including pop-outs and pop-ups. He explained the larger lots to accommodate the larger R.V.'s, noting that some would be as large as small subdivision lots. He commented that the entrance would accommodate a 6,000 square foot recreation center, store, exercise equipment, play equipment for kids, swimming pool and recreation facilities around the administrative office. He indicated that they would upgrade the maintenance facility, to provide service for R. V. ' s, and have accommodations for about 130 boats for R.V. storage. He noted that they would also provide a service to provision the stored R. V. ' s, and place them on a site in advance for an owner. He advised that the sites would all be equipped with water, sewer and electricity, including sites with increased amperage for the larger rigs. He indicated that they would also be providing wireless connections for the Internet. He advised that these improvements would tie in with the new launching facility and expressed hopes that they would be able to start soon to accommodate the R.V.ers. He indicated that they would have about 275 spaces of auto parking for the boaters and detailed the proposed configuration of the marina. He advised that the marina would accommodate up to about 275 boats. Mayor Pro Tern Kelley noted the vintage nature of the park and questioned if they would be eliminating tent camping. Mr. Rice showed the area which would be used for day camping, tents and group tenters. Mayor Pro Tern Kelley noted that the scouts use the campground annually for large gatherings and have contacted her with concerns about the impacts of the Page Eight - City Council Minutes - March 23, 2004 - boat launch. Mr. Rice noted that they would also anticipate an improved swim beach, and a whole area for day use operations, so when the lake is at a low enough level the group area would have a prime beach front; and suggested that it would allow for special events as well. Mayor Buckley commented that the existing campground was heavily landscaped and questioned the ability to retain that density of landscaping. Mr. Rice indicated that they would be analyzing that in the final designs. He indicated that they would anticipate removing at least some trees, but the design will retain most of the existing roads and seek to retain as many of the trees as possible, in addition to a major landscaping plan. Councilman Schiffner noted that the new boat launch would be at a higher elevation and inquired if the campground would also be raised. Mr. Rice confirmed that the campground would be at the same elevation as the parking lot. Councilman Schiffner noted the reconfiguration of the sites, - with the same roadways, and questioned the ability to keep the campground in operation during renovations. Mr. Rice indicated that they would not shut down, as they would want to maintain the cash flow. He noted the plan of the existing layout and explained the phasing of the projects. Councilman Schiffner questioned the time line for the improvements. Mr. Rice indicated that it would take about twelve months from start to finish, plus approval time. Councilman Magee questioned the funding sources to get this project underway. City Manager Watenpaugh indicated that at this point it was private dollars, but noted that the boat launch was % funded with a $3 million grant, which was fully funded until that State budget crunch. He advised that the City needed to bring $1 million in funding, so it had not come forward yet, noting that this was a public/private partnership. Councilman Magee questioned the ownership. City Manager Watenpaugh indicated that the City was required to maintain ownership pursuant to the transfer agreement. Councilman Magee clarified that Pyramid Enterprises was the concessionaire and the City received revenue as a percentage of - Page Nine - City Council Minutes - March 23, 2004 their revenue. He commented that the plans were quite ambitious and questioned the future of the dilapidated house. City Manager Watenpaugh indicated that there was no historical requirement, but there had been consideration of removal and a variety of options. Mr. Roberts indicated that he originally took a liking to the building and thought of using it as a recreation center, but it lacked ADA compliance and the cost to bring it to standards was not effective. He explained that at this point they had to face the fact that the house would have to be removed for the entrance realignment. Councilman Magee requested that they coordinate that removal with the historical society, in case there were artifacts they might want to take into their possession. Mr. Roberts indicated that he would be happy to do so. Councilman Magee requested clarification that all of the improvements would come back to Council for approval. City Manager Watenpaugh confirmed and noted that staff wanted to know if the Council was interested in the concept as presented. Councilman Schiffner inquired if the proposed changes would require a new agreement. City Manager Watenpaugh confirmed. Councilman Magee inquired if everything was back on the table at that point. Staff confirmed. Councilman Magee indicated that he would get the President of the Historical Society in touch with Mr. Roberts. Councilman Hickman indicated that he understood that at one time the park was heavily used, and commented that he was glad to see it being upgraded to make it usable. He advised that he was very impressed with the proposal. Mr. Roberts noted that they hoped to level out the service throughout the year with a first class facility. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Dale Buckeridge. 16037 Via Sola, in Lakeland Village, expressed concern with Pacific Communities/CMA Builders, and noted that they had no specialty license Page Ten - City Council Minutes - March 23, 2004 - for the work they were doing. He indicated that they were to build a slumpstone wall, and did not contact Dig Alert; and subsequently broke a water main which flooded four homes. He suggested that the City should be cited for issuing the permit; and indicated that Pacific Communities had confiscated the property with no permission. He indicated that the Lake Elsinore building department had ignored his requests. City Manager Watenpaugh inquired if staff was aware of this situation. Community Development Director Brady indicated that he had not been contacted. City Manager Watenpaugh inquired who Mr. Buckeridge had spoken with. Mr. Buckeridge indicated that he had spoken with Code Enforcement, the Building Department and Linda Miller. He indicated that he was flooded out and had lost everything. City Manager Watenpaugh indicated that he was not aware of the situation, but would look into it and get back to Mr. Buckeridge tomorrow. Mayor Buckley confirmed that staff would get back to Mr. Buckeridge quickly. Leroy Tucker, 3532 Cherry Blossom, commented on the contractors who did the storm drain by Terra Cotta and Woodlake, noting they did a good job on the street. He questioned the schedule for the rest of Lakeshore Drive, between four corners and Grand Avenue. He noted the increased traffic due to more houses near Lake Street. Mayor Buckley noted that the Council was going through the Capital Improvement Program right now. Community Development Director Brady noted that it would be considered in the Capital Improvement Program. - CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No.4. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR WITH THE CHANGES TO THE MINUTES AND ITEM 3 AS PREVIOUSLY NOTED. - Page Eleven - City Council Minutes - March 23, 2004 1. The following Minutes were approved as amended: a. City Council Study Session - February 13,2004. b. City Council Study Session - March 4, 2004. c. Regular City Council Meeting - March 9,2004. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - March 2,2004. (F:60.3) 2. Ratified Warrant List for March 15,2004. (F:12.3) 3. Resolution Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory known as the Amended Pepper Grove Tract into the City of Lake Elsinore Landscape and Street Lighting District No.1, as LLMD Annexation No.2, Declaring the City's Intention to order the Annexation and to Levy and Collect Assessments, Determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering a Time and Place for Objections thereto - Resolution No. 2004-17. (F:22.2) RESOLUTION NO. 2004-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE AMENDED PEPPER GROVE TRACT INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1, AS ANNEXATION NO.2 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE Page Twelve - City Council Minutes - March 23, 2004 - PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 5. Authorization to Prepare CEQA Compliance Documents - Albert A. Webb Associates - $34,600. (F:68.1) 6. Assignment and Assumption of Development Agreement from Como at Tuscany Hills Corporation to Pulte Home Corporation. (F:68.1) PUBLIC HEARINGS 21. General Plan Amendment No. 2003-03, Zone Change No. 1003-02, Tentative Condominium Map No. 31532, Residential Design Review No. R 2003-15 and Mitigated Negative Declaration No. 2004-01 for the "Lake Elsinore City Center Townhomes" Phase II - Resolution No. 2004-16 & Ordinance No. 1117 - Continued from March 9,2004. (F:83.2) - Mayor Buckley opened the public hearing at 7 :48 p.m. Community Development Director Brady explained that there were five components for consideration, including the General Plan Amendment, the Zone Change, a Tentative Condominium Map, the Residential review and the Mitigated Negative Declaration. He indicated that the Planning Commission had reviewed the project and recommended approval. He advised that there were two conditions which needed to be amended, being Conditions 45 and 92. He recommended the following verbiage for those two conditions: 45. The applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore $1.30 per square foot of residential development in the project to the Agency's Low and - Page Thirteen - City Council Minutes - March 23, 2004 Moderate Income Housing Fund to be used by the Agency to satisfy the inclusionary housing requirements of Section 33413 of the Community Redevelopment Law. The agreement shall be in such a form as required by Agency counsel and shall be submitted to the Redevelopment Agency for approval. 92. Developer shall obtain from TM 31531 an easement for a 24 ft. minimum wide emergency access to its eastern tract boundary, subject to the approval of the Riverside County Fire Department. The Developer shall enter into an agreement with the owner of the adjacent property to the east to provide for the construction of said emergency access to the satisfaction of the City Engineer. The agreement shall be recorded prior to occupancy of the first building unit. He explained that this would require adjacent property owners to build and construct the emergency access road. Glen Daigle, 28991 Old Town Front Street, representing the applicant, indicated that they concurred with the staff report, and offered to answer questions. Mayor Buckley asked those persons interested in this item to speak. No one spoke. Councilman Magee addressed Condition No. 51, and noted that it required over $400,000 in traffic mitigation fees. He questioned what those fees would go toward. Community Development Director Brady explained that the City traffic mitigation fee would address the impacts of the project on traffic improvements for the assigned system of roads. He further explained that the Railroad Canyon Fee was because they were part of the assessment area for the past improvements to Railroad Canyon Road. He also explained that the TUMF fee was County-wide and there were a variety of road improvements including the Railroad Canyon Road Interchange, the Central Avenue Interchange and other backbone roads in the City. Page Fourteen - City Council Minutes - March 23, 2004 - Councilman Magee inquired if this was the fair share for the development. Community Development Director Brady confirmed and noted that the City's fee would also address various signals. Mayor Buckley commented that they were paying a lot more in transportation fees than when it was originally planned as an apartment complex. Community Development Director Brady confirmed. Mayor Buckley addressed the traffic counts and suggested that they sounded a little low. Community Development Director Brady indicated that he was not a traffic engineer, but the numbers represented a one hour period, and there would be trips spread throughout the day. Mayor Buckley commented that there were about seven hours a day for about 500 rush hour and 350 non- rush hour trips. Mayor Pro Tern Kelley noted that she was concerned with the traffic at Railroad Canyon Road, but indicated she knew this was a better project than - the original, and they would be paying their fair share. She noted the recent study session on the Railroad Canyon mitigation and urged staff to get that consideration taken care of as soon as possible. She stressed the urgency of that situation. She reiterated that there was more traffic anticipated originally, but stressed the need to be diligent to get the improvements through Caltrans. She requested an update on the discussions with Caltrans. Engineering Manager Seumalo indicated that the proposals were presented, but staff was still in the process of getting that information. Councilman Hickman addressed Condition No. 45 relating to the RDA, and noted that they would be paying $130 per square foot, instead of 15% toward the low and moderate income housing. He indicated that the funds would be used for the Redevelopment Agency in other areas. He commented that this was a step in the right direction, and noted that Walmart was probably glad to see them coming into the community. Councilman Schiffner commented that this was a good project, and noted that there was no overabundance of this type of housing, but there was a - Page Fifteen - City Council Minutes - March 23, 2004 market for it. He stressed the need for a project like this, and commented that they would have a terrific view from this location. Mayor Buckley inquired if the project was approved tonight, when would the project be constructed. Mr. Daigle indicated that they would proceed as soon as they got through the plan check process. Mayor Buckley noted the low and moderate income housing fees would be paid instead of building units; and explained that this was something each developer would negotiate for their project. He commented that there was some interest on the Council to set a standard system, so all of the projects were handled the same way. City Attorney Leibold indicated that she would work on that process. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-16: RESOLUTION NO. 2004-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE FIRST CYCLE OF THE CALENDAR YEAR 2004 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003-03 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 363-240-002, 003, 004, 008, 009 AND 016 FROM VERY LOW DENSITY (VLD) RESIDENTIAL TO MEDIUM DENSITY (MD) RESIDENTIAL. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1117, UPON FIRST READING BY TITLE ONLY: Page Sixteen - City Council Minutes - March 23,2004 - ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003-02 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN (S) 363-240-002. 003,004,008,009 AND 016 FROM R-l SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE CONDOMINIUM MAP NO. 31532. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESIDENTIAL DESIGN REVIEW NO. 2003-15 AND ADOPT MITIGATED NEGATIVE DECLARATION NO. 2004-01, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A THRU R; AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROV AL. Mayor Buckley closed the public hearing at 8 :06 p.m. - Page Seventeen - City Council Minutes - March 23, 2004 FINDINGS -GENERAL PLAN AMENDMENT 1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The Proposed General Plan Amendment will allow the applicant to develop the site with the proposed density of 11.25 Dwelling Units/net acre and will in turn bring about a site more compatible with the first phase of the Condominium Project, designated "Multi-family Residential". 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. The proposed General Plan Amendment would establish a density more in conformance with the recently approved 84-unit condominium project to the north of the subject site. Additionally, the proposed project site would be in close proximity of any necessary services needed by persons residing in the proposed condominium community. 4. The proposed General Plan Amendment will not have a significant effect on the environment. Page Eighteen - City Council Minutes - March 23, 2004 - The proposed General Plan was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project will not have a significant effect on the environment. FINDINGS - ZONE CHANGE 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project. - 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested amendment to the General Plan Land Use Map and the corresponding Zone Change, allowing the development of the subject condominium project is consistent with GOAL 1.0 of the General Plan Housing Element, obligating the City to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore ". - Page Nineteen - City Council Minutes - March 23, 2004 FINDINGS - CONDOMINIUM SUBDIVISION 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 (Government Code Section 66473.5). The project as designed assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well provide decent housing opportunities and a satisfying living environmentfor residents of Lake Elsinore (GOAL 1.0, Housing Element) 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Page Twenty - City Council Minutes - March 23, 2004 - The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. FINDINGS - DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Residential Design Review located within Assessor Parcel Number(s) 363-240-002, 003, 004, 008, 009 and 016 complies with the goals and objectives of the General Plan, in that the approval of this Condominium Community will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. - 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at Assessor Parcel Number(s) 363-240-002, 003, 004, 008, 009 and 016 is appropriate to the site and surrounding developments in that the Condominium project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. - Page Twenty-One - City Council Minutes - March 23, 2004 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Residential Design Review located at Assessor Parcel Number(s) 363-240-002, 003, 004, 008, 009 and 016, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, 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. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at Assessor Parcel Number(s) 363-240-002, 003, 004, 008, 009 and 016 has been scheduled for consideration and approval of the Planning Commission. FINDINGS-MITIGATED NEGATIVE DECLARATION 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. Additionally, the State Clearinghouse acknowledged that the Draft Mitigated Negative Declaration complied with the review requirements and that no state agencies submitted comments by the closing date (February 18, 2004). Page Twenty-Two - City Council Minutes - March 23, 2004 - 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2003-03, ZONE CHANGE NO. 2003-02, TENTATIVE CONDOMINIUM MAP NO. 31532, RESIDENTIAL DESIGN REVIEW NO. R 2003-15, CONDITIONAL USE PERMIT NO. 2003-08 AND MITIGATED NEGATIVE DECLARATION NO. 2004-01 FOR THE "LAKE ELSINORE CITY CENTER TOWNHOMES" PHASE II. - GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. - Page Twenty-Three - City Council Minutes - March 23, 2004 2. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003-1 to offset the annual negative impacts of the project on public safety operations and maintenance issues in the City. GENERAL PLAN AMENDMENT NO. 2003-03 3. Conditions for the General Plan Amendment shall be the same conditions as set forth and required by Tentative Condominium Tract No(s) 31531 and 31532. 4. No park credit will be allowed under this project for recreation facilities. Park fees will remain at $1,450.00 per unit. ZONE CHANGE 2003-02 5. The applicant shall enter into an acceptable impact mitigation agreement with the Lake Elsinore School District prior to issuance of building permits for the project. TENTATIVE CONDOMINIUM MAP NO. 31532 6. The Tentative Condominium Map will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 7. The Tentative Condominium 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 approved Conditions of Approval. Page Twenty-Four - City Council Minutes - March 23, 2004 - 8. Prior to final certificate of occupancy of Tentative Condominium Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 9. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. - lO.No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. - Page Twenty-Five - City Council Minutes - March 23,2004 II.Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. I2.Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. I3.Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project (Phase I) and the proposed project (Phase II). I4.In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. I5.Each unit owner shall have full access to commonly owned areas, facilities and utilities. 16. The applicant shall comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Mitigated Negative Declaration No. 2004-01 prepared for the Lake Elsinore City Center Townhomes" Phase II reference as the "project" herein. PRIOR TO CERTIFICATE OF OCCUPANCY I7.The applicant shall provide all project-related onsite and o ffs ite improvements as described in the Elsinore City Center Specific Plan and Amendment No. 1 document. Page Twenty-Six - City Council Minutes - March 23, 2004 - RESIDENTIAL DESIGN REVIEW NO. 2003-15 IS.Design Review approval for Residential Design Review No. 2003-15 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 19. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 20.The dwelling units are multi-story, without elevators, and therefore are - exempt from accessibility requirements. The site, Sales Office, parking and common use areas will be obligated to meet the requirements of Chapter 11 of the California Building Code. 21.All site improvements approved with this request 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 review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 22.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 material covering the roof equipment shall match the primary wall color. - Page Twenty-Seven - City Council Minutes - March 23, 2004 23.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. All light fixtures shall match the architectural style of the building. 24.Allloading zones shall be clearly marked with yellow striping. 25.Applicant shall meet Americans with Disabilities Act (ADA) requirements. 26. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 27.No exterior roof ladders shall be permitted. 28.Applicant shall use roofing materials with Class "A" fire rating. 29.All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 30. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 31.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 32.Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 33.0n-site surface drainage shall not cross sidewalks. 34.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. Page Twenty-Eight - City Council Minutes - March 23,2004 35. The applicant shall be required to submit for Planning Commission consideration a sign program prior to issuance of building permits. 36.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 37.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 38. The applicant shall submit a photometric study for those light standards located in the proposed condominium project. Said study shall ensure that - parking lot lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee. 39.Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 40. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permits. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. - Page Twenty-Nine - City Council Minutes - March 23, 2004 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) apart and at least twenty-four-inch (24") box in 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 (36"). 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 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. Page Thirty - City Council Minutes - March 23, 2004 - 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. 41.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 42.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. _ 43.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 44.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 45.The applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to pay $1. 30 per square foot of residential development in the project to the Agency's Low and Moderate Income Housing Fund to be used by the Agency to satisfy the inclusionary housing requirements of Section 33413 of the Community Redevelopment Law. The agreement shall be in such a form as required by Agency counsel and shall be submitted to the Redevelopment Agency for approval. - Page Thirty-One - City Council Minutes - March 23, 2004 46.The applicant shall submit for review and approval an updated acoustical study which shall evaluate and analyze the current sound levels. Further, the applicant shall implement appropriate methods of construction necessary (i.e. sound walls and landscaping) which would insure that the future residents of this proposed community experience noise levels consistent with the City of Lake Elsinore General Plan. 47.The Home Owner's Association shall be established prior to the oeeapane)T sale release of the first dwelling unit. Amended per the Planning Commission on January 20, 2004. ENGINEERING 48.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 49.The developer shall submit a condominium plan as part of the final map which will show individual lots and air space, and provide for common areas. The condominium plan shall be approved prior to final map approval. 50.Applicant shall dedicate sufficient land along the frontage of Grape St. to provide for a right-of-way width of 100 feet for a major street. 51.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). The traffic mitigation fee is $50,280, Railroad Canyon Road assessment fee is $87, 906, the T.U.M.F. amount is $276, 420. There is no drainage fee. 52.Submit a "Will Serve" letter to the City Engineering Division 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. 53.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to Page Thirty-Two - City Council Minutes - March 23, 2004 - final map approval (LEMC 16.34). 54.Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 55.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 56.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 57.Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements - (LEMC 12.08 and Resolution 83-78). 58.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 59.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 60.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. 61.Provide fire protection facilities as required in writing by Riverside County Fire. - Page Thirty-Three - City Council Minutes - March 23, 2004 62.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 63.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 64.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 65.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 $300 per sheet for City digitizing. 66.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 67.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 68.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. Page Thirty-Four - City Council Minutes - March 23,2004 - 70.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 and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 71.1ndividuallot 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. 72.0n-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". 73.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. - 74.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 75.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 76.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 77.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 78.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. _ Page Thirty-Five - City Council Minutes - March 23, 2004 79.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and include maintenance responsibilities. 80.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides and vehicle maintenance as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 81.Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82.Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. The developer's civil engineer shall verify the site distance for Street "A" prior to grading permit. 83.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 prior to final map approval, subject to the approval of the City Engineer. 84. The entrance driveway aisle should be designed so that at least 40 ft. is available between the street curb and the first parking stall and the gate opener in order to provide adequate on-site storage for entering vehicles. Page Thirty-Six - City Council Minutes - March 23, 2004 - 85. Street vacations offsite need to be accomplished with the development of this site. The street vacations must be approved by the adjacent property owners when their access is being affected by the street vacation. Offsite dedications for new streets must be acquired prior to approval of the street vacations. Street abandonment's cannot land lock parcels or provide a new access; which is not practicable and is based on a reasonable accessibility determination to the satisfaction of the City. 86.Before the street vacations can be approved, offsite grading must be approved by the adjacent property owner for grading the new streets. 87. The sight distance at the intersection of A St. and Grape St. must meet the Caltrans Design Manual criteria for a 55 mph design speed on Grape Street. 88. The street width of the new dedicated Sunrise Drive shall be 36 ft. from curb to AC berm with a 4 ft. parkway on the northeast side of the street. - 89.There shall be a standard Riverside County Road Dept. knuckle constructed on Sunrise Drive. 90. Street A shall have a 60 ft. R/W and 40 ft. curb to curb from Grape St. to the condo driveway. Street A shall have standard curb returns at the intersection with Grape Street. 91. The cul-de-sac at the end of the existing Sunrise Drive shall be in conformance with Riverside County Road Dept. Standards and the temporary cul-de-sac on Sunrise Drive must meet Riverside County Fire Dept. approval. 92.Developer shall obtain from TM 31531 an easement for a 24 ft. minimum wide emergency access to its eastern tract boundary, subject to the approval of the Riverside County Fire Department. The Developer shall enter into an agreement with the owner of the adjacent property to the east to provide for the construction of said emergency access to the satisfaction of the City -' Page Thirty-Seven - City Council Minutes - March 23, 2004 Engineer. The agreement shall be recorded prior to Occupancy of the first building unit. 93.If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonment's must still have access to public maintained right-of-way. 94. The final map shall show the abandonment of dedications of public right-of- way or easements by appropriate certifications on the map. 95.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. COMMUNITY SERVICES DEPARTMENT 96. The applicant shall pay park fees of $1 ,450 per unit. 97. The applicant shall participate in the City of Lake Elsinore Landscape Lighting Maintenance District (LLMD). 98.The Home Owner's Association shall maintain all interior landscaping, slopes, drainage swales, retention areas, and roadways. 99.No park credits shall be allowed for the proposed tot lots and swimming pool. 100. The Home Owner's Association shall maintain all landscape improvements along Grape Street as it relates to the frontage of the development. 101. All exterior walls to be masonry block with anti-graffiti coating. The Home Owner's Association shall remove all graffiti as it occurs. Page Thirty-Eight - City Council Minutes - March 23, 2004 - 102. The applicant shall meet all City requirements for the recycling and removal of construction debris and materials. 103. The applicant shall comply with all NPDES requirements for urban storm water runoff. RIVERSIDE COUNTY FIRE DEPARTMENT 104. The applicant shall comply with the requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. 105. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. - CONDITIONAL USE PERMIT NO 2003-08 106. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 107. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code; Title 1 7 unless modified by approved Conditions of Approval. 108. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. - Page Thirty-Nine - City Council Minutes - March 23, 2004 109. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit/Design Review C 2003-07, which action is brought forward within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 110. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 111. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 112. Security lighting shall be required. 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. Page Forty - City Council Minutes - March 23, 2004 - BUSINESS ITEMS 31. Second Reading - Ordinance No. 1116 - Public Safety Advisory Commission. (F:59.6) City Manager Watenpaugh noted the past consideration of this Ordinance for reestablishment of the Commission; and commented that this was the revised draft, but there were several items to be corrected. City Attorney Leibold clarified that prior to the first approval there was a modification to Section 2.46.040 for the designation of the Chairman, but it was not clarified as to other sections of the Ordinance. She noted a typographical error in section 2.46.030; and clarified that in section 2.46.050, the Vice Chairman's term would run until July 1,2006, except Chairmanship and Vice-Chairmanship would run until December 31, 2004. Councilman Schiffner recommended that Section 2.46.060, paragraph e, be rewritten that the "Commission shall report to the City Council on a regular basis, and all recommendations shall be forwarded to the City Council for consideration. Mayor Buckley clarified that the person chosen for the position of Vice Chairman would be the short term. - MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1116 UPON SECOND READING AS MODIFIED. ORDINANCE NO. 1116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REPEALING SECTION 2.46 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADOPTING A NEW SECTION 2.46 RELATING TO THE PUBLIC SAFETY ADVISORY COMMISSION. UPON THE FOLLOWING ROLL CALL VOTE: - Page Forty-One - City Council Minutes - March 23, 2004 AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE City Attorney Leibold indicated that the Ordinance would be effective thirty days from today. 32. Acceptance of Planning Commission Resignation - John Barnes. (F:60.2) City Attorney Watenpaugh noted the resignation as presented by John Barnes who was relocating outside the City. He indicated that the Council had the opportunity to reappoint to the position or send out applications for the position. Councilman Hickman inquired if Mr. Barnes had moved. City Attorney Leibold noted that his letter said he would be leaving effective April 9th. Councilman Magee thanked Mr. Barnes for his public service and sensitivity to the community; and noted that there was a sensitive project on the April 6th Planning Commission agenda. He expressed concern with the potential for a lame duck Commissioner to participate in that discussion, noting there was no disrespect intended. He inquired if the Laing Homes project would be on the April 6th agenda. City Manager Watenpaugh indicated that he was not aware of it being scheduled at this point. Councilman Schiffner commented that he had no sensitivity on the issue of Mr. Barnes voting on such a project, as he had been on the Commission for several years with this project on the books. He suggested that Mr. Barnes Page Forty-Two - City Council Minutes - March 23, 2004 - probably had more information on the item than most people, and stressed that he was not sensitive to him voting on the project. Mayor Buckley commented that Commissioner Barnes had done a very good job, but concurred that there was sensitivity. He noted that the actual term would have ended on June 30th, and staff would be going out with the advertisement in the next couple of weeks for applications. He questioned the point of making a short term appointment at this time. Mayor Pro Tern Kelley concurred that there was no point to appoint someone for two months. Councilman Schiffner commented that everyone was aware that Mr. Barnes was not going to apply again, and suggested waiting for the term to end. Mayor Pro Tern Kelley thanked Mr. Barnes for his eight years on the Commission; noting that he was honest and did his homework. She thanked him for his commitment and commmted that she was sorry to see him go. She suggested going through the normal process - of interviews. Councilman Magee supported leaving the position vacant until the term expIres. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ACCEPT THE RESIGNATION WITH THANKS AND LEAVE THE POSITION OPEN UNTIL THE REGULAR REPLACEMENT PROCESS. Councilman Hickman commented that if Laing Homes was on the agenda, maybe it could be the second meeting in April. Councilman Magee suggested that if it was on that meeting, Mr. Barnes should use his professionalism and discretion to do the best for the City. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. - Page Forty-Three - City Council Minutes - March 23, 2004 33. Ordinance No. 1118 - Amending Municipal Code Section 6.04.020- Animal Control Fee Schedule of the Lake Elsinore Municipal Code regarding Animals and Animal Control Officers. (F:18.1) City Manager Watenpaugh noted that Animal Friends were meeting with all of the cities and have requested consistency with the fees charged. Community Services Director Sapp explained the Ordinance which would amend the Municipal Code to make the fees consistent with other communities, specifically for unaltered dogs. Paula Graver, 218 Ellis Street, indicated that she had no problem with raising fees for altered animals. She indicated that her two dogs were unaltered and the fee was $50 per year; and noted that she didn't mind paying that. She questioned if there was a way to give people a break for buying a three year license, or for service pets. She noted that most people with service pets could not afford big fees, and suggested giving them a discount. Mayor Buckley questioned the fees for service animals such as seeing eye dogs. Kris Anderson, representing Animal Friends, confirmed there was a break for service animals and for pets of senior citizens. Mayor Buckley questioned the charge for unaltered animals for three years. Ms. Anderson clarified that the higher cost was because unaltered dogs had a higher tendency to be aggressive and get out. She indicated that the Board could consider a reduction for the three year license, but would need to offer it to all of the other cities as well. She noted that seeing eye dogs were only registered. Mayor Pro Tern Kelley reiterated that the goal of this item was to bring the City into compliance with the other cities. Councilman Hickman inquired how much it would cost to have a dog altered. Ms. Anderson indicated that the prices varied, but they were Page Forty-Four - City Council Minutes - March 23,2004 - working with Ramona Animal Shelter, which was charging $45 for dogs and $20 some for cats; and noted that vets based the price on the weight of the animal. Councilman Hickman questioned the ability of the public to use the Ramona Animal Shelter. Ms. Anderson indicated that she believed they could, but they take the animals en-mass. She noted that people could receive subsidies to assist with the cost of altering. Councilman Hickman commented that there was no reason to not to alter animals. Councilman Schiffner noted that clinics sometimes offer alteration at no charge. Ms. Anderson confirmed, noting that the County and City of Riverside had set-aside funds for spay and neuter. Councilman Schiffner commented that there were incentives to have dogs altered. Councilman Magee thanked the Animal Friends representatives for being present; and noted their work in the community. He indicated that their staff was always responsible, punctual and polite; and their representatives - cared about what they were doing and the animals they were caring for. MOVED BY MAGEE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1118, UPON FIRST READING BY TITLE ONLY: Councilman Hickman commented that there were a lot of beautiful animals at the shelter needing homes. ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 6.04.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ANIMAL CONTROL FEE SCHEDULE. UPON THE FOLLOWING ROLL CALL VOTE: - Page Forty-Five - City Council Minutes - March 23,2004 AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Councilman Hickman inquired if this item would require two readings. City Attorney Leibold confirmed that there would be a second reading and 30 days later the ordinance would go into effect. 34. Ten Year Extension for Tree Trimming Agreement- West Coast Arborists. (F:68.1) Parks & Open Space Manager Fazzio explained this item, noting that they had used the same contractor for the last five years; and indicated that in that time they had always been professional. He advised that this extension would lock in the prices for ten years at $41 per tree; for an overall saving of$17,000 or more over the term of the contract. He noted that they also maintained an inventory of the City trees they maintained, which would be accessible to staff and the public in the future. He further noted that every year West Coast Arborists send staff to participate in the children's fair and provide free boom rides for the kids. Councilman Hickman noted he liked this agreement because there was a thirty day termination clause both ways, and the agreement would lock in prices to save some money. He indicated that they would actually computerize the trees, so citizens could find out when they will be trimmed or request that they be trimmed. He indicated that like the road program, it was a step in the right direction. Councilman Schiffner clarified that this price also included palm trees. Page Forty-Six - City Council Minutes - March 23, 2004 - Parks & Open Space Manager Fazzio confirmed. Councilman Schiffner noted that the costs for trimming palm trees was generally higher. Parks & Open Space Manager Fazzio reconfirmed that this price would apply to all trees. Councilman Magee noted that as part of the recent policy, the contract would be reviewed annually for performance and the Council would be able to review it. City Manager Watenpaugh confirmed. Mayor Pro Tern Kelley noted that this was a great deal. Mayor Buckley noted that they were in the last year of a three year contract, however there would be an annual review and one month notice to terminate. He commented that the longer contract allowed for large savings. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED - BY UNANIMOUS VOTE TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT EXTENDING THE CITY'S TREE MAINTENANCE AGREEMENT WITH WEST COAST ARBORISTS THROUGH JUNE 30, 2014,WITH ALL OTHER PROVISIONS REMAINING THE SAME. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:28 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:43 P.M. 35. Records Access/Copy Expense. (F:49.1)(X:42.5) City Manager Watenpaugh commented that this item was another opportunity to amend existing policy regarding records requests. He explained that the request for printing was unauthorized and as City Manager he had no authority to waive that cost. He suggested that since - Page Forty-Seven - City Council Minutes - March 23, 2004 this involved an elected official, the Council might want to modify its policy. He noted that the Municipal Code stipulates that this would come to Council before the request was made. Chris Hyland, 15191 Wavecrest, commended Mr. Weber for getting documents for neighborhood citizens. She noted that she was a document collector as well; and commented on her ability to obtain staff salaries until the City Attorney told her she could not have them, so she had to go to Senator Haynes for assistance. She commended Mr. Weber for thinking about the citizens and taxpayers. She indicated that as a taxpayer she didn't feel Mr. Weber needed to pay anything. City Treasurer Weber thanked Mrs. Hyland for her support and noted his concerns with the Summerhill bond issue and the large increase in taxes. He noted that the City held two meetings to address the citizen concerns, and there was a group trying to track exactly what happened due to the overlap. He indicated that it was a complex puzzle and they were trying to find the hidden charges, but they could not get the material, so he was making copies on Main Street. He noted that the merchant was going to charge the material to City Hall, and it was a surprise to him that he could not put those items on the City bill. He commented that he ran for office on looking at bond debt and bond issues to inform everyone. He stressed his interest in letting people know what was going on with the bonds. He commented that $400 was a little high, but he went to the local printer. He indicated that next time he would come before the Council first and then go to a larger place that is more in turn with high volume copying. He indicated that he does not waste money and is very frugal. He commented that it was an honest mistake in his efforts to better inform the citizens. He indicated that in the last reissue of bonds, $835,000 was spent on lawyers, consultants and underwriters, and no dollars were spent to inform the people what took place. Councilman Schiffner indicated that he was not so concerned about the $400, but the City Manager had no alternative without a change in the Page Forty-Eight - City Council Minutes - March 23, 2004 - policy. He suggested that it was too soon to change policy, but his objection was that he did it at all. He commented that the information was given to one of the most vocal who got an explicit explanation. City Treasurer Weber noted that he had given them the information prior to the bond meeting, so they had the information already. Councilman Schiffner commented that it was very well explained. City Treasurer Weber commented on his time and the time spent by Mr. Pressey on this topic. He noted that his resources went to Harvard and worked with bonds for 25 years at Merrill-Lynch. City Manager Watenpaugh clarified that his only issue was if the Council wanted to change the policy, and he was not asking about the bond issues. He indicated he would provide the information at City Hall, at no charge for review. He indicated that this policy would be discussed with others on Thursday. - Councilman Magee indicated that the City Treasurer had called him over the weekend to accept responsibility, explain his actions and apologize for not requesting permission first; and agreed to pay the City back for the charges. He explained that the Treasurer did this to help residents who have access to City Hall only four days a week during regular business hours; and noted that commuters are shut out of City Hall. He commented that he makes his personal documents available upon request, and Mr. Weber attempted to bridge the gap between City Hall and the citizens. He denounced Mr. Weber's approach in this instance, but indicated that he was shocked to find the item on the agenda, when there is a study session in two days on policy and the City Treasurer. He contrasted this consideration with the vacancy on the Nuisance Abatement Committee, that has not yet made it to the agenda. He commented that it was important to remember that Mr. Weber did not take this action to benefit himself, but rather to inform the public. He noted that in the early 1990's when the Redevelopment Agency had money, they did low interest loans to merchants to improve businesses on Main Street; and a Councilmember took advantage of that loan, but the loan was never repaid _ Page Forty-Nine - City Council Minutes - March 23, 2004 and there was never a public hearing on that item. He indicated that staff was tasked with enforcing policy, and the Treasurer broke the policy and agreed to pay the money back. He stressed that Mr. Weber's intentions were pure, and offered $100 in assistance toward the bill. Mayor Pro Tern Kelley commented that this was a tough situation, as it behooved the Council to make sure as much information as possible is available to the public through e-mails, counter copies, and library copies. She further commented that the Council had set policy, which was to be followed or the job was negated. She stressed that when people are elected they need to seek information, ask questions and check policy. She stressed that the concern was not with the intention or the copies that were made, but that the action went outside adopted policies, for an unauthorized expenditure of taxpayer dollars. She noted that a Councilmember would be sacrificed for doing the same thing. She commented that while she knew Mr. Weber had the best of intentions, he did not meet the responsibility of asking first. She stressed that this was an unauthorized expenditure and she could not support paying it. Councilman Hickman commented that he had been on the Council 2 and Y2 years and did not know the policy existed, and would have done the same thing. He indicated that it was just an over zealous error and the City should pay the money. He commented that the City Manager could handle it how he wanted, as his time was running out. He suggested that more was wasted on a $15,000 wall at the Stadium. He indicated that if the matter was not resolved, he would give Mr. Weber $100 as well. Mayor Pro Tern Kelley questioned adherence to policy. Councilman Hickman indicated that policy could be bent. Mayor Pro Tern Kelley disagreed. Mayor Buckley noted that on Thursday, the City Council would have a study session on the role of the City Treasurer and the Policy Manual; and this probably should have waited. He commented that the policy is pretty clear on printing, and while he has never personally had something printed, it was important to give the public the information. He suggested with a Page Fifty - City Council Minutes - March 23, 2004 - precedent like this there could be hundreds of dollars of printing costs. He concurred that in his mind it was interesting to see it appear on the agenda. He indicated that Mr. Weber did the right thing for absolutely the right reasons, but he was not in favor of the City eating the costs. He further indicated that he was in favor of addressing it again on Thursday, in favor of a strong treasurer, in favor of the public getting information and in favor of City Hall being open more than four days a week. He commented that he would like everything at the library at all times for review; and indicated that he was in favor of making sure that Mr. Weber did not bear the burden alone. He indicated that he would cover $200 of the costs. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO INVOICE MR. WEBER FOR THE COSTS. Councilman Hickman noted that he seconded the motion, since the funds had been offered for payment. - 36. Memorial Honoring Bill "Whiskers" Tucker. (F:56.1)(X:92.1) City Manager Watenpaugh noted that Mrs. Tucker and her Daughter-in-Law were present at this meeting, and he had shared with her the Council's concern that any recognition for Whiskers be acceptable to the family. Linda Tucker and Jerry Tucker thanked the Council for consideration of this memorial. Mayor Buckley inquired which spot they would prefer to have designated. Mrs. Tucker indicated that he loved the catfish cove, and that would be very suitable for him. City Manager Watenpaugh clarified the location as the south cove between the island and the levee. Mayor Buckley noted that he went fishing with him in that area, and inquired if the cove would be suitable. Mrs. Tucker confirmed. Councilman Schiffner suggested that it might be appropriate to make some representation of Whiskers on the plaque, but he would not want to offend - Page Fifty-One - City Council Minutes - March 23, 2004 the family. Mrs. Tucker indicated that they would not be offended, and expressed support. Mayor Buckley suggested a large rock with the plaque attached. City Manager Watenpaugh suggested the possibility of a design with a relief of Whiskers in addition to appropriate verbiage. Mrs. Tucker noted that Whiskers was loving this discussion, and anything would be fine. Mayor Pro Tern Kelley concurred that this was a great idea. Councilman Magee requested that whatever was designed be reviewed with the family. Mayor Buckley concurred that the area should be dedicated Tucker Cove, with staff instructed to design a plaque, run it by the family, have it placed and set up an unveiling. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO DEDICATE TUCKER COVE, AND INSTRUCT STAFF TO DESIGN A PLAQUE, REVIEW IT WITH THE FAMILY, PLACE IT AND SET UP AN UNVEILING CEREMONY. Mrs. Tucker thanked the Council for this consideration and recognition. 37. Amendment to Land Development Agreement. Temporary Land Transfer Agreement and Irrevocable Escrow Instructions with Wasson Canyon Investments. L.P. (F:68.1)(X:22.3) City Attorney Leibold explained that this item was for implementation of a work out agreement approved in November, 2003. She indicated that the property was part of CFD 90-3 which has been upside down for years. She noted that this was the last troubled CFD, and this with the companion piece should resolve the outstanding delinquencies. She reiterated that the Page Fifty-Two - City Council Minutes - March 23, 2004 - Council, in November, approved the waiver of certain penalties and interest. She indicated that to date Wasson Canyon had complied with the terms and made the additional payment; and noted that the next payments were scheduled in 2005 and 2007. She explained that as part of the agreement the County agreed to some waivers as well; and this would allow for a temporary land transfer to enable the County to waive certain penalties and interest, with the City releasing its lien of special taxes, and the developer paying the funds in 2005, instead of2007. She noted that a 15% discount would be assessed for the earlier payment; but the City would receive about $732,400. Councilman Hickman noted that this related to a 1993 bond for a CFD in the amount of $4 million and change. He explained that the builder only got about half of that amount, and nothing was ever done; but now the City will recoup almost $755,000, and instead of the land sitting vacant, this could help move things forward. - City Treasurer Weber questioned if there were CFD's in 1990. Mayor Pro Tern Kelley noted that this related to a CFD in 1993. Administrative Services Director Pressey noted that the first CFD was in 1988, and there were three in 1990. City Treasurer Weber noted that the Summerhill issue was in 1993. City Attorney Leibold noted that the CFD was a bare land CFD that was later pooled and was now the last to come out of the work out. Councilman Schiffner commented that the City would get some money out of this to go into the debt payment on the CFD's. City Manager Watenpaugh confirmed. Councilman Schiffner noted that this was clearing some property for development as well, and he was happy to see it moving forward. He commented that this left only one small piece in default and he was in favor of moving forward. - Page Fifty-Three - City Council Minutes - March 23, 2004 Mayor Pro Tern Kelley stressed that this was the last piece of the financial plan initiated in 1997, and it was really nice to see it finally just about done. She indicated that she was glad it was moving forward. Councilman Magee had no comments on this item. Mayor Buckley commented that this was a good thing, as there was this piece and one more piece remaining as part of the old CFD. He noted that the other piece would be back to Council very soon, for a similar action. He stressed that this would produce money for debt reduction and capital for improvements. He suggested that one of the debt reductions could be on the Summerhill CFD. Councilman Schiffner noted that the debt reduction could be for some of the property owners in the CFD. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FIRST AMENDMENT TO THE LAND DEVELOPMENT AGREEMENT, THE TEMPORARY LAND TRANSFER AGREEMENT AND THE IRREVOCABLE ESCROW INSTRUCTION, SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY, AUTHORIZED THE MAYOR TO EXECUTE THE DOCUMENTS, AUTHORIZED THE MAYOR TO EXECUTE THE QUITCLAIM DEED SUBSTANTIALLY AS SET FORTH IN THE TEMPORARY LAND TRANSFER AGREEMENT AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE. 38. Lake Elsinore Management Plan. (F:92.1) City Manager Watenpaugh explained that the permitees for this item had requested that it be removed from the agenda and brought back to the April 6th Planning Commission and 23rd City Council Meetings. He explained Page Fifty-Four - City Council Minutes - March 23,2004 - that this would defer the matter until the Council reviews the other amendments an applications. Edith Stafford, 29700 Hursh, addressed this item and called on the Council to take a good look at the project, because she could not imagine who would ever plan to build homes and schools in an unsafe Priolo Zone. She questioned who would take on a liability like that, with the potential for liquefaction in the Priolo Zone. She suggested that the Water District would also do a careful review. She suggested that homes and schools were planned to pad a bigger bond issue. She suggested that there must be an ulterior motive for this project. Ron Hewison, 35 Villa Valtelena, indicated that he attended the Water Board meeting on this issue last week and it was very informative. He commented that he did not have enough information to support or oppose it, but suggested that it needed a lot more discussion at the public dias. He indicated that he was glad they had requested that the item be pulled. - Councilman Magee noted that the applicant Mr. Filler was present and had provided a letter this afternoon requesting that the item be pulled. He indicated that he met with Mr. Filler and he recognizes the baggage with this project, as the only thing that has resulted so far is lawsuits. He indicated that Mr. Filler was trying to shake the ghosts of the past, and was very sensitive to what happened with the CFD at the last meeting. He commended Mr. Filler for his sensitivity to the community and noted it would be a complex and important decision. He suggested that the project did not need to be clouded with decisions such as this item before the land use decision was made. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO CONTINUE THIS ITEM TO THE SPECIFIC PLAN CONSIDERATION. Mayor Buckley indicated that he was going to make such a motion, prior to the builder deciding to pull the item. He indicated that it was putting the - Page Fifty-Five - City Council Minutes - March 23, 2004 cart before the horse, to approve a 404 permit, based on factors not yet approved. He commented that he had discussed the matter with Mr. Smith at the Corps of Engineers, and he too was confused on the issue. He noted that he was glad to see that the builder had pulled the item, and commented that it was due to the concerns after the last meeting on the CFD. He suggested that there might be other concerns motivating the pulling of this item. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 39. Multi-Species Habitat Conservation Plan Update. (F:76.4) City Attorney Leibold noted the verbal update on the MSHCP provided at the last meeting, and the experiences shared by Councilman Schiffner after attending a meeting and being denied the City's participation in votes. She noted the settlement between the County and Murdock and ongoing discussions with Murdock. She indicated that as of the last meeting, the City had not received any comment from member agencies of the RCA in response to the January 14th approval. She commented that the City Council had expressed its frustration with the process and requested proposed correspondence for signature by the Mayor. She explained that there was a letter requesting consideration, and a second letter to the County Supervisors. She noted that a subsequent letter was received from the Supervisors offering to meet to resolve the remaining issues. She indicated that she had prepared a draft letter for Council's consideration in response. City Treasurer Weber questioned if there was money for the fees that would be paid on the habitat plan, noting that the lawyers were doing a lot of work. He stressed that there would be an extra bill on the legal eases of the plan, and he was not sure there was enough money. Mayor Buckley commented that it would cost some money, but if the MSHCP documents were adopted as drafted the City would not have paid Page Fifty-Six - City Council Minutes - March 23, 2004 - anything. He indicated that the Council did make the change request, which included good ideas and had a responsibility to pay for it. Councilman Magee noted that it was the City's responsibility to assist, but the County made several promises and needed to meet the City half way. He suggested that the letter received from the Supervisors was a step in the right direction and the two letters drafted by the Attorney were excellent, with the minor changes requested by the Mayor. He requested one more change on the second letter in the second to last paragraph. He indicated that he would like to, with Council concurrence, establish a point person being the City Manager, with the County designating Richard Lashbrook, since he made the commitments. He indicated that he did not believe the County should be able to hide under the RCA and pretend this did not happen. He suggested this would also take away any confusion as to who to speak to. - City Attorney Leibold indicated that was a good suggestion which could be incorporated in the letter; and noted that as time had passed the action had left a void and the finger-pointing had started. Councilman Schiffner concurred it was probably a good idea, to designate the appropriate people for discussion. Mayor Buckley noted that the County had offered two Supervisors, Legal Counsel and Staff for a meeting. Councilman Hickman suggested when the meeting was held, they needed to review the projects that were exempt and be assured about the acreage. He suggested working with Ed Sauls to follow through with the positive points. Councilman Schiffner noted that work was ongoing to make the City part of the MSHCP, and stressed the need to be part of the association before other issues were addressed. Page Fifty-Seven - City Council Minutes - March 23, 2004 Mayor Kelley wished staff well in working with the County and indicated that she did not anticipate much flexibility on their part. She noted that her impression was that they would say take it or leave it. She concurred with the designation of a point person, but stressed that they had said the RCA was in control. Councilman Schiffner noted that some supervisors had already said take it or leave it, but others had not, and wanted the City to join very badly. Mayor Buckley noted changes to page 5 of35 with the deletion of the second sentence in the second paragraph; and page 35 of 35 eliminating "with extra voting power". He questioned calling on other member agencies to agree, or respond. City Attorney Leibold clarified that the proposed changes had been shared with the attorneys for the other agencies; and they were being shared more broadly with the committee appointees. Mayor Buckley expressed concern with the first letter that said a response was necessary. City Attorney Leibold offered to reword the letter; and clarified that it was not possible to unilaterally revise the agreement, as the changes would have to be made by all of the members. Mayor Buckley noted the letter on page 34 of 35, and indicated that Supervisors Tavaglione's name was misspelled, but noted that it was also misspelled in the County letter to the City. Councilman Schiffner commented that the existing voting system was the weighted voting and that would be the system used, when efforts are made to get them to vote for the changes. He noted that they specifically brought that to his attention at the last meeting; and commented that they were doing a pretty strong sell. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE LETTERS TO GO OUT AS AMENDED, WITH THE MAYOR'S SIGNATURE; DIRECT THE CITY Page Fifty-Eight - City Council Minutes - March 23, 2004 - ATTORNEY OR HER DESIGNEE TO ATTEND THE NEXT MEETING WITH COUNCILMAN SCHIFFNER. Mayor Buckley noted that the Council was proceeding as best possible with the MSHCP, but there was no question the County and RCA could do a far better job and had promised to do so. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Resolution of Intention to Establish Community Facilities District No. 2004- 1 (City Center Townhomes) - Resolution Nos. 2004-18 & 2004-19. (F:22.3) Councilman Hickman indicated that he pulled this item to provide information to the public. He stressed the fiduciary responsibility of the City, and the need to finance a facility and incur bonded indebtedness. He suggested that this district should be closer to $2 million, but he was assured it would come back to the Council with a further breakdown on the figures. - City Treasurer Weber suggested having the amount of cost to each homeowner if there were no bond issues; and stressed the need to be sure of the cost. He suggested giving the Council a choice of CFD vs. no CFD, based on the housing costs. He commented that decisions should be made based on what is best for the people. He indicated that it was difficult to go through the paperwork when people buy a house and they don't know what they are getting into. Mayor Buckley noted that people now had the option of prepaying everything, but concurred with Mr. Weber that those details might be missed with lots of paperwork. He indicated that it was important to make sure the real estate people had very clear documentation, including the prepayment option. City Manager Watenpaugh noted that Mr. Weber's issues had been brought up to Administrative Services Director Pressey and the financial advisors. City Treasurer Weber expressed concern with the - Page Fifty-Nine - City Council Minutes - March 23, 2004 overall cost and the costs built in for consultant fees and lawyers. He suggested that people were already strapped by going into a CFD. Councilman Hickman reiterated that his only concern was that when the district came back, he wanted an itemized breakdown on where the money was gomg. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION OF INTENTION NO. 2004-18 TO ESTABLISH CFD 2004-1 (CITY CENTER TOWNHOMES), ADOPT RESOLUTION OF INTENTION NO. 2004-19 TO INCUR BONDED INDEBTEDNESS AND SCHEDULE THE PUBLIC HEARING ON THE DISTRICT FORMATION FOR APRIL 27, 2004. RESOLUTION NO. 2004-18 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES). RESOLUTION NO. 2004-19 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES). THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:39 P.M. Page Sixty - City Council Minutes - March 23, 2004 - THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:43 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh Street, indicated that she had some questions for the manager. She questioned why he interfered with her lawsuit by accepting a check from the defendant; and suggested he should know that an outsider does not interfere with a lawsuit. She indicated that the lawsuit was filed and went through mediation, and an agreement was made to pay the plaintiff the full amount of money; but there was some confusion and the money was split up to the attorney and the City. She stressed that the City was not a participant in the lawsuit, so it should not have accepted a check directly form the defendant in a lawsuit. She stressed that it was her lawsuit, and indicated that yesterday her attorney had to take time out to try to resolve this problem which was not yet resolved. She also questioned where the check was, and if it had been deposited, and when it was deposited. She suggested that the City Manager be reprimanded for interfering in lawsuits. - Paula Graver, 218 Ellis, noted her son was in Baghdad right now, and kept her informed whenever anything happened. She thanked the rally participants for their assistance. She advised that she had been named the sponsor director for Frank Rose in this area; and was seeking sponsors for travel costs. She read a presidential proclamation for Woman's History Month, March, 2004. Ron Hewison, 35 Villa Valtelena, reminded the Council that he spoke on January 2th, and indicated that his comments were inaccurately recorded in the minutes with regard to Lusk, Brehm, Pulte. He stressed that items were missing that he wanted included in the public record with regard to his personal lot and Canyon Lake's ability to get more delays. He noted that he mentioned that this matter should be an agenda item and it had not been on the agenda yet. He suggested that most people would be awed by the detail and a study session might be preferable. He requested that the minutes of January 2th be amended to reflect his - Page Sixty-One - City Council Minutes - March 23, 2004 comments and the true public hearing, without being shortened to suit the public record. He noted that the bond information presented was difficult to understand, without the full book in front of him. He requested that Councilman Schiffner sit forward to speak into the microphone, so the public could hear him. He commented that the Thursday night meeting would be about the Treasurer and policies; but noted that ethics would also be discussed and indicated that he would appreciate full coverage of that topic. Pete Dawson, 18010 Grand, indicated that he would discuss the continuing story of the Lake. He noted that the summer season coming and with the price of gasoline so high, boaters would traditionally choose a closer lake. He presented a photo from the newspaper taken in January, noting that the air was 34 degrees and the water a bit warmer, so there should not have been an algae bloom on the Lake. He noted the green cast to the water in the photograph and indicated that this was the second year with this phenomena. He suggested that this was generally a factor when the air temperature was 100 degrees. He indicated that no clean well water was going into the Lake, but there was high nutrient water entering the Lake. He indicated that the community could not afford the publicity of an algae bloom this summer. He stressed that the treated water was to be blended with well water and natural sources, but water was being diverted from Canyon Lake for Water District use. He stressed the importance of avoiding an algae bloom this summer. Dawn Oakes, 290 19 Avocado Way, noted that her area was quickly becoming a suburban neighborhood, and indicated that they had an extreme health hazard. She commented that the Mayor and Council were not aware of the problem, but as a citizen she called the SCAQMD, and they had been in her back yard and proclaimed an imminent health hazard. She detailed the respiratory conditions it impacted and suggested that it was from more than development and dirt bikers, such as the vehicles with licenses that were using the land inappropriately. She indicated that she had canvassed the City, and Woodside had not met their responsibilities. She indicated that there were dirt particles and dangerous spores in the air. She noted that even Councilwoman Kelley was exposed to the hazard daily, when she was at work. She indicated that there was an epidemic of asthma Page Sixty-Two - City Council Minutes - March 23, 2004 - attacks and detailed the respiratory problems experienced in her neighborhood. She further indicated that there was a noise pollution issue from the motorcycles and quads being ridden in the area. She commended Captain Walsh and the Police Department on their efforts, and noted her multiple calls to the Sheriff s Department. She commented that the situation had aggravated a stress condition preventing her from working her job at McDonalds. She stressed the serious nature of this problem and indicated that the developers needed to close off the land. She questioned who she could go to, to seek correction of the noise and air pollution. She indicated that she was being forced to leave the City for recreation due to the aggravation of her asthma and sinus conditions. She indicated that she had spoken with the principal at Rice Canyon Elementary, the Sheriffs Department and heard from Mayor Buckley and Councilman Magee in response to her concerns. She noted that Mrs. Kelley had tried to contact her. She acknowledged Carol Gordon and Frederick Ray for their efforts to assist her. She indicated that she would not shut up until the air was clean and she could sleep in on Saturdays. She indicated that similar problems were happening in Tuscany - Hills and Canyon Hills. Mayor Buckley noted that Ms. Oakes lives in the Centex area. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Addressed Mrs. Stafford regarding interference in her lawsuit and read the letter of transmittal that arrived with the check from Giardinelli & Associates. He indicated that the check was deposited on January 26th, receipt no. 2484, per the direction from the attorney. He commented that if he violated something, he was not aware of it. He suggested that the bank probably had the check. City Attorney Leibold noted that this lawsuit was a qui tam and the plaintiff brought the suit in the name of the City. She explained that the City elected not to intervene, but under the law the City shares in any settlement. She stressed that the City received and deposited the check per the settlement agreement. - Page Sixty-Three - City Council Minutes - March 23, 2004 2) Commented to Ms. Graver that he was glad her son was o.k.; and noted that he had two surrogate sons there as well. 3) Indicated that he would check with the City Clerk to correct the Minutes for Mr. Hewison. He indicated that staff had just finished the chronology on the Lusk property and he would be happy to bring it back to a study session or Council meeting. 4) Clarified that the notices for the Thursday meeting include only two items, as four would have been too lengthy. He indicated that the meeting would deal with the Treasurer and City policies, which were felt to be the most critical issues. He commented that the other topics would be discussed later. 5) Addressed Mr. Dawson, noting that Councilman Magee shared his concerns; and he had requested a response on the pilot project. He indicated that a letter would be going out to Mr. Young at the Water District for response. 6) Addressed Ms. Oakes and indicated that he knew Community Development Director Brady had called and the Sheriff s Department was acting on the City's behalf with Code Enforcement. He indicated that staff got in touch with the AQMD representative and the major piece of property was being discussed with the City and the School District to preclude the dust issues. He indicated that staff would get back to Ms. Oakes with potential assistance. 7) Noted that comments were circulating that Costco had left town again, but stressed that they were moving forward; and noted that Home Depot had their plans submitted and Lowes was moving forward and paying fees. Page Sixty-Four - City Council Minutes - March 23,2004 - CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Mayor Pro Tern Kelley had no comments. Councilman Hickman commented on the following: 1) Noted the presence of Linda Tucker at this meeting and noted that donations could still be sent to her at P. O. Box 33, Lake Elsinore, 92531. - 2) Indicated that he attended the Support the Troops Rally and heard Frank Rose sing, pure old time country. 3) Noted that as RDA Chair he had been putting pressure on people and found they had not received the information on the bond debt issues. He indicated that he had requested that people be given certain sections and they had not received them. 4) Indicated that he needed a list of what the City owns, and would like to see action. 5) Requested that City Treasurer Weber be added to the RDA committee e-mail to receive the notes. 6) Noted an asthmatic child in the Tuscany Hills area, and indicated that the developer would water the project hourly to keep the dust - Page Sixty-Five - City Council Minutes - March 23,2004 down. He expressed understanding of Ms. Oakes problems and indicated that he would do whatever was possible. Councilman Schiffner commented on the following: 1) Addressed the e-mail received from Ms. Oakes and indicated that he turned it over to the City Manager, so he did not feel it necessary to contact her personally. He stressed that the Council did not direct anyone to do anything, but he was sure the City Manager was following through. Councilman Magee commented on the following: 1) Addressed the settlement of the Molendyk case, and indicated that he could understand where a member of the public would be skeptical about what he had done. He indicated that the lawsuit and results were a testament to that. He indicated that he had reviewed the material and discussed with the City Manger and Finance, and believed the check had been deposited and cashed and the City had the money. He commented that if there was a logistical problem, it could not be blamed on the City; however if there was a problem there would be legal recourse at the expense of Mr. Molendyk, not the City. He suggested that if none of that happened he wanted to know about it, as that was another issue for which action would be taken. 2) Commented on the Nuisance Abatement Committee and indicated that he requested that it be placed on the next available agenda to fill that position. He indicated that he would like the Council to be considering an appropriate appointee and advise the Mayor of any suggestions. He also suggested that interested members of the public contact City Hall to state their interest. Page Sixty-Six - City Council Minutes - March 23, 2004 - 3) Indicated that he was contacted by a mining inspector who wanted to meet with City inspectors and noted that he would provide the name and numbers. 4) Noted that he represented the City at the Student of the Month Program, and was very impressed by the Students and the support of the Business Community for this program. He commented that the event made him feel good about the town. 5) Addressed Ms. Oakes and indicated that he took her complaint very seriously, and indicated that he was in the area yesterday after school hours and could see why she was concerned. He noted that with regard to the Sheriff s Department he had passed her compliments on to them and noted that the problem was an attraction for off-road activity. He indicated that the Mayor was in discussion with the developer and might be able to work something out. He noted that there was no water truck on site, but the AQMD had citation ability for fugitive dues. He commented that with respect to Forecast Homes, he did not think there was a policy they had not violated. He noted that Ms. Oakes had been in contact with Mr. Strickland who indicated that the level of dust was an immediate health hazard. He further noted that he had asked staff to find out why citations were not issued. He stressed that Mr. Strickland was tasked with protecting the quality of life and air quality; and noted that there was no hesitation in issuing a citation to a closed business on a Sunday, for steam coming from a compost pile. - 6) Expressed appreciation to Mr. Hewison for going over the Minutes, and indicated he was embarrassed that he did not pick up the omission. He indicated that he was passing on an e-mail to staff, from Mr. Hewison regarding construction hours on the Pulte Homes site. He noted that they were starting work too early. - Page Sixty-Seven - City Council Minutes - March 23, 2004 7) Announced as the appointee to RCTC, that the Commission was going to be setting up a grant program for pedestrian and bicycle projects. He noted that there would be over $1 million in that fund, and suggested discussion of the project near the outflow channel. He noted that he would pass the information on to City staff. 8) Indicated that he was going to ask the City Manager to address the concerns presented by Mr. Dawson, and expressed appreciation for his willingness to forward a letter to Mr. Young on the three part water that was to be going into the Lake. 9) Indicated that over the past 12 years he and Supervisor Buster had a stormy relationship, but today found something to agree on, being the selection of Gina Bennett to serve on the Emergency Medical Response Committee. Mayor Buckley commented on the following: 1) Encouraged Ms. Oakes to continue to work with staff and AQMD; and noted the parcel of land behind her. He indicated that he had e- mailed her concerns to the owner of the property. He noted that from a previous discussion, he knows that they do not like the bikes out there either, but there is a problem with gating the area until the School District dealt with the parking issues. He expressed hopes that gating the area would help, and indicated that it should not be a problem for much longer. 2) Noted that he was with the Valley Group in Washington, D.C. last week and would be preparing a memo to staff and Council on their efforts. 3) Indicated that he would be preparing a memo on an idea he had for the creation of a committee on electoral reform to work with the City Page Sixty-Eight - City Council Minutes - March 23,2004 - Clerk and the City Attorney, to look at the current electoral system and address possible changes such as moving the date of the elections to the on-year cycle, a fixed system for appointments to all commissions, election by district, directly elected mayor, and tightening the campaign reporting standards. He stressed that this committee would specifically not be a committee to look at the potential of a charter, as that idea had been maligned and needed a lot more public education. He indicated that he would draw up a report, hopefully by April 1 st, before the next agenda comes out. He suggested that the Council members have someone ready to appoint. 4) Noted the Study Session on Thursday, March 25th at 5 p.m. regarding policies and the City Treasurer role. 5) Announced the following upcoming events: - March 2ih - Cruise Night - Downtown April 2nd - Flashlight Easter Egg Hunt - Community Center April3rd - Household Hazardous Waste Collection - City Yard April 3rd - City-Wide Clean-up Day April 4th - Open Air Market - Downtown April 8th - Opening Day at Petco Park April 9th - Start of Storm Baseball April 10th - Children's Fair & Egg Hunt - McVicker Park April 10th - Special Olympics Event - Creekside Park - Page Sixty-Nine - City Council Minutes - March 23, 2004 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:20 P.M. AT\EST: 'O~ LJ VICKI KASAD, CMC, CITY CLERKJ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE