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HomeMy WebLinkAbout09-24-2002 jCity Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 24, 2002 CALL TO ORDER Mayor Kelley called the Regular City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHHIF'FNER, KELLEY., ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady; Community Services Director Sapp, Information/Communications Manager Dennis, City Treasurer Ferro, City Clerk/Human Resources Director Kasad and Deputy City Clerk Paredes. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Government Code; Section 54956.9) City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore v. Diamond Sports & Entertainment LLC et al (Riverside Superior Court Case # 356131).(F:52.2)(XA0.1) B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Liberty Founders LLC v. City of Lake Elsinore, et al (Riverside Co. Superior Court Case #355890).(F:52.2) (X:40.1) C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Richard Westlink Sr. v. City of Lake Elsinore (Riverside County Superior Court Case #357353). (F:52.2) (X:40.1) D. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (1 case). (17:52.2) (X:40.1) PAGE TWO — CITY COUNCIL MINUTES - SEPT. 24, 2002 E. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957:8) United Public Employees of California LIUNA Local 777. (F:116.2) City Attorney announced the Closed Session Items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:02 P.M. THE CLOSED SESSION DISCUSSION WAS COMPLETED AT 6:50 P.M. RECONVENE PUBLIC SESSION (7:00 Mayor Kelley reconvened the Regular City Council Meeting to order in Public Session at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Pro Tern Schiffner led the Pledge of Allegiance. INVOCATION There was a moment of silent reflection. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, Police Chief Walsh City Treasurer Ferro and City Clerk/Human Resources Director Kasad. PRESENTATIONS A. Proclamation — Deputy Jim Lewis. (F:122.1) (X127.2) PAGE THREE — CITY COUNCIL MINUTES_- SEPT. 24, 2002 Mayor Kelley read and presented a Proclamation to Deputy Jim Lewis and thanked him for his years of service to the City of Lake Elsinore. Deputy Lewis commented that he really liked Lake Elsinore and hoped to return before his career was over. He thanked the City Council for the recognition. B. Proclamation — Eagle. Scout Shane Ryan. (F: 122.1) Mayor Kelley read and presented a proclamation to Shane Ryan in honor of his achievement of the Eagle Scout rating. Mr. Ryan thanked the Mayor and Council for the proclamation and thanked the Fire Department at Station 10 for allowing him to complete his project. C. Proclamation — Veteran's of Foreign Wars — Post # 1508. (F: 122.1) Mayor Kelley read and presented a proclamation to Mr. Arthur from the Veteran's of Foreign Wars, Post # 1508, in thanks for installing American Flags throughout the City. Mr. Arthur presented an overview of the Veteran's Foreign Wars, Post #1508 accomplishments through the years and noted the amount of volunteer work that the Post accomplishes. He thanked all the citizens for their help and thanked City Council for the recognition and announced a Golf Tournament fundraiser for the replacement of flags to be held on November e, at Menifee Lakes Golf Course. He invited the public to participate. D. Proclamation — Lake Elsinore Historical Society and LaFrance Fire Engine Restoration Team. (F:122.1) Mayor Kelley read and presented a proclamation to the Lake Elsinore Historical Society and presented Certificates of Appreciation to the La France Fire Engine Restoration Team. Russ Burns thanked the Mayor and Council for their recognition` and announced that the Fire Truck would be on display on October 6, 2002. Mayor Kelley asked if it would be in the "Unity in the Community" Parade. Mr. Burns indicated that it was hoped that they would have it ready. City Manager Watenpaugh stated that the LaFrance Fire Engine would be at the Fire Station Dedication in November. E. Presentation'- Business of the Quarter— Summer. 2002. (F:70.1) Mayor Kelley presented the Business of the Quarter - Summer, 2002, to Wally Ueno, Manager of the Lake View Inn. She presented an overview of the accomplishments of the Lake View Inn and their contributions to the community. Mr. Ueno thanked the Mayor, City Council and staff for the recognition. PAGE FOUR — CITY COUNCIL MINUTES - SEPT. 24, 2002 ` F. Presentation — Animal Friends of the Valley — Blessing of the Animals Event (F:18.3) (X62.1) Cathy McKinley, representative of Animal Friends of the Valley, invited the community to the first Blessing of the Animal Event at the Lake Elsinore Diamond on Saturday, October 26, 2002, between 11:00 a.m. and 4:00 p.m. She noted that the Blessing of the Animals was in honor of Saint Francis Assisi. She indicated that it would be a multi- denominational blessing which would begin at 12:00 p.m. and all creatures would be blessed. She noted that the 8"` Annual Pet Parade would be moved from Temecula to the Diamond Stadium as well and would begin at 2:00 p.m. She noted the variety of entertainment that would be provided. CLOSED SESSION REPORT City Attorney Leibold announced there was no action taken in the Closed Session on the above listed Closed Session Items. PUBLIC COMMENTS — AGENDIZED ITEMS Item No. 6. CONSENT CALENDAR ITEMS City Manager Watenpaugh indicated that staff was requesting that Item No. 6 be pulled for further information. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: (F:44.4) a. City Council/Redevelopment Agency Study Session T September 10, 2002. b. Special City Council Meeting — September 10, 2002. C. Regular City Council Meeting — September 10, 2002 The following Minutes were received and ordered filed: d. Planning Commission Meeting — September 3, 2002 (F:60.3) 2. Ratified the Warrant List for September 16, 2002. (F:12.3) PAGE FIVE — CITY COUNCIL MINUTES — SEPT. 24, 2002 3. Received and ordered filed the Investment Report for August, 2002. (F: 12.5) 4. Rejected and referred to Claims Administrator for handling the Claim Against the City submitted by Tim Foppiano, Leigh Anne Foppiano, and Stephanie Flores (CL #2002 -16). (F: 52.2) 5. Authorized the acquisition of vacant Lake Front property on Acacia Drive known as Assessors Parcel Number 374 -312 -020 -4 and directed the adjustments to the Park Fund Budget. (F:114,1) (X:30.1) 6. Granting of Easements in Back Basin to Elsinore Valley Municipal Water District (Pulled from Consent Calendar for further information to be heard at a later date) 7. Received and filed the Summerhill Reimbursement update. (F: 22.3) APPEAL 21. Appeal of Planning Commission decision pursuant to Condition of Approval No. 27 for Minor Design Review of Single Family Residence located at 405 Pottery Street (APN 374- 052 -018). (F:21.1) (X60.2) Community Development Director Brady explained that the item before Council was an appeal of a Planning Commission decision concerning Condition of Approval No. 27. He indicated that on August 21, 2002; the Planning Commission approved a Minor Design Review for a Single Family Residence located at 405 Pottery Street. He explained that as part of the Conditions of Approval, Item No. 27 required that the property owner dedicate, for the widening of Pottery Street, the right -of -way portion, which would be 20 feet across the width of the property. He further explained that the City's General Plan called for 100 feet of right -of- way for Pottery Street adjacent to new development, as well as the requirements of the Lake Elsinore Municipal Code Sections 16.34.010 and 16.34.030. He indicated that the applicant of the Appeal was opposed to the dedication and initiated this action: Mayor Kelley asked that the Applicant of the Appeal, Mr. Neal, be available for questions. Councilman Hickman clarified that Pottery Street was on Septic Systems. He stated that he did not understand why Mr. Neal would be opposed to the dedication for future possible improvements. He asked Mr. Neal to explain his opposition to the dedication. Mr. Neal indicated that there were homes built on Pottery that were less than 20 feet from the sidewalk and noted that there would be no way possible for Pottery Street to be widened to 100 feet. He noted the pictures that were presented to PAGE SIX — CITY COUNCIL MINUTES - SEPT. 24, 2002' Council to show how impossible it would be to widen the roadway. He noted that the homes that were built in 1992 were not required to dedicate the same right-of-way. Councilman Hickman asked Community Development Director Brady to respond. Community Development Director Brady stated that the City's General Plan and Circulation Element were updated in 1995, therefore the width of Pottery Street was established in 1995. Councilman Buckley noted that according to the Plot Plan there was 90 feet behind the house and 30 feet in front of the house and asked why the manufactured home could not be moved. Mr. Neal stated that he had told the Planning Commission that he would be willing to have a 40 foot front set -back, however he did not understand why he would be required to dedicate 20 feet of his land, since it cost him $2,000 for the application to build. He stated that the City charged for everything, yet the City wanted him to give the City his property. He commented that it did not make sense, because the City could not ask people to tear their homes down to widen the street. He noted the various properties that would be affected should Pottery Street be widened. He stated that when the time came that the City wished to widen the street, then the City could take his land, however he did not wish to give his land to the City at this time. Councilman Buckley asked how long the General Plan had called for Pottery Street to be 100 feet wide. Community Development Director Brady indicated that it had been since 1995, with the Street Right -of -way dedication requirement since 1977, which was referenced in the Code. He indicated that it would have been for streets that were within the Circulation Element and the right -of- way was established at a certain width, so that when development occurred those properties were required to dedicate the right -of -way. He indicated that it was part of the General Plan and part of the existing Ordinances that had been in place 27 years. He noted that the General Plan was amended in 1995 and that was when the circulation element was established throughout the City. Councilman Buckley clarified: that the houses that were built in 1992 were built before the 100 -foot width was required. Community Development Director Brady confirmed. Councilwoman Brinley asked if staff or the Planning Commission had met with Mr. Neal to discuss Condition No. 27. Community Development Director Brady commented that even if staff or Planning Commission had met with Mr. Neal there would have been nothing that they could do since they did not have the ability to modify the condition. Councilwoman Brinley noted that Pottery Street had been designated a main thoroughfare to Main Street. She asked if Mr. Neal had checked with the City regarding the requirements for dedication. Mr. Neal stated that when he made inquiries regarding his property, dedication was not discussed. He commented that he had originally intended to purchase property on Silver Street, however because of paper streets, it would have cost him over $60,000 to resolve the problem. He stated that staff did not address right -of -way dedication for either parcel. He PAGE SEVEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 noted that the people that live on Pottery Street do not want to have the street widened. Councilwoman Brinley questioned the location of the garage. Mr. Neal stated that the Planning Commission approved the location of the garage, however it was stated to him that if he did not dedicate City 20 feet of his property, then he would not be allowed to build. Councilwoman Brinley asked if there had been other developments on Pottery Street that have required the 20 foot dedication. Community Development Director Brady indicated that there were other projects recently approved on Pottery Street that had dedicated the required 20 feet. Mayor Pro Tern Schiffner stated that he sympathized with Mr. Neal and agreed with some of his statements; however Council did not have the option to make changes. He noted that the only option Council would have, would be to initiate proceedings to change the planning process and change the designation. He indicated that there was a plan to reconstruct Franklin Street where it came over the hill and connected it to the alignment of Pottery Street. He commented that it would be a possibility for the future; however he was not sure if it would use the entire 100 -foot right -of -way. He indicated that at this time there was only one option and that was to dedicate the 20 feet and go forward with the development or deny the dedication and not build. He suggested that in the future, if the property were not needed for a street widening, then he was sure that the Mr. Neal could approach the City regarding the set back and the City could deed the property back to him. Mr. Neal stated that he was told that it was the City Council that accepted the dedication. He noted that a property owner on Townsend and Pottery Street, who was currently building a house, was required to dedicate 8 feet. Community Development Brady clarified that the property already had a 12 foot dedication and needed an additional 8 feet. Councilwoman Brinley clarified the possible dedication requirements of 8 feet at the Townsend and Pottery Site. She noted that there was probably 12 feet dedicated and all that was necessary to meet the 20 foot dedication was the additional 8 feet. Mayor Pro Tern Schiffner stated that the issue Council was addressing was the dedication of the 20 feet and the law did not permit Council to change the dedication. He explained that if Mr. Neal: wished to have that changed, it would be a long and involved process to change that law. 'Mr. Neal stated that he would set his home back 40 feet and when the time came for the City to take the land then they could take the land. Mayor Pro:Tem Schiffner clarified that the Code did not permit the City to take that type of action. City Manager Watenpaugh stated that the action being considered was a dedication and not a taking. He indicated that dedications were required of all new developments within the City and the dedication of right -of -way was addressed in the Traffic Circulation Element; and until the General Plan and Circulation Element were modified, the dedication was required to follow current standards. PAGE EIGHT — CITY COUNCIL MINUTES — SEPT. 24, 2002 Community Development Director Brady addressed the 20% set -back and noted that it addressed the lot and not the right -of -way. He noted that if the property owner could not meet the 20% set -back then the City could allow a reduction, however it had nothing to do with the Streets and right -of -way. He indicated that the City would not require in -lieu fees from Mr. Neal. Mayor Pro Tern Schiffner inquired if there were current street improvements in place. Community Development Director Brady stated that there was curb and gutter. Mayor Pro Tem Schiffner stated that what was being addressed was a 20 foot dedication and should the Circulation element be changed, then the City could change the requirements of dedication on Mr. Neal's property. City Attorney Leibold indicated that a dedication was a standard Condition of Approval and must be consistent with applicable Zoning and the General Plan designation. She explained that the Circulation Element did designate the street with a full 100 foot right-of-way which required a 20 foot dedication. She stated that it was a reasonable Condition of Approval directly connected with the improvement of the property. She further explained that it was not a "taking ", which occurs absent an application for development when a City initiates road improvements. She indicated that on Mission Trail there was no pending development, therefore the property was taken and the owners were compensated for that right -of -way. City Attorney Leibold stated that this was a completely different situation in the context of a development application; the law was clear; and it was a reasonable Condition of Approval to include the dedication of right -of -way. Mayor Pro Tern Schiffner commented that he would very much like to exempt Mr. Neal's property from this Condition of Approval; however the Council did not have the authority. Mayor Kelley noted that the Traffic Circulation Plan adopted in 1992, designated Pottery Street to eventually be widened to 100 feet. She indicated that there was no time frame on the action, and it could be years down the road before the street widening occurs; however in the meantime any improvement done on Pottery Street must be done with the consideration that eventually the. street would be widened. She explained that the Council could not change the conditionthis evening, and in order to address the issue, the City must go through a process to change the General Plan and Circulation Element and that action could affect everyone's property along Pottery Street and could affect other streets as well. She explained the dedication of the property and stated that the only thing that Council could do was to agree to examine the Circulation Plan in the future; however that would not address the immediate issue. She presented an overview of the dedication.procedure; She stated PAGE NINE — CITY COUNCIL MINUTES — SEPT. 24, 2002 Mr. Neal stated that there had been a house on the property that had burned down and all he wished to do was replace it. He stated that he had no problem with widening the road; however he did not wish to give the property to the City until such time as Pottery Street was improved. Mayor Kelley restated that if Mr. Neal wished to build then he would have to dedicate the 20 feet. Mr. Neal asked if there was any guarantee that the front of his house would not become a bus stop. Councilwoman Brinley explained that the City does not provide turn -outs for bus stops in residential areas, and the only thing that would be found in a residential neighborhood would be a sign designating a stop area. Mayor Pro Tem Schiffner stated that the only thing that the City could do with the dedication would be road improvements. Mr. Neal stated that he would dedicate the 20 feet, but it would be under protest. There was general discussion regarding the return of the property should the General Plan be changed. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO DENY THE APPEAL AND UPHOLD THE APPROVAL OF THE CONDITIONS OF APPROVAL OF THE PLANNING COMMISSION. BUSINESS ITEMS 31. Tentative Condominium Plan for Parcel No. 2 of Tentative Parcel Man No. and I -No. 2002 -03 Design Review of an Industrial Project (Alesco Development, LLC ). Community Development Director Brady presented an overview of the project. He noted that there was some concern regarding the wall that would be visible until further construction was completed. He indicated that Planning Commission ruled that the applicant was to work with staff to create a design that would break -up the wall. He noted that Planning Commission recommended approval with staff working on the design of the wall. Councilman Buckley noted that the project was near the Airport and he did feel it was a good project. He commented that he was disappointed with the architecture as PAGE TEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 proposed. He stated that he felt that the buildings lacked detail and questioned landscaping. He noted that he was sure that there would be more building sometime in the future, however until there was further building the blank wall would be a prime target for graffiti. He further stated that he felt that the project should return to Planning Commission to address the big steel garage doors and the blank wall. Mayor Pro Tem Schiffner stated that he agreed that the large expanse of blank wall would not be attractive, however it was a "0" lot line construction and in the future there would be another building that would be adjacent to the blank wall. He indicated that he felt that Council would be overstepping its authority to change the condition. He addressed the large garage doors and stated that they did look like an industrial build, which in fact it would be. He noted that the building would provide for businesses, jobs and income to the City. He indicated that he would be in favor of the project. Councilwoman Brinley questioned the painting or landscaping on the wall side of the building. Community Development Director Brady stated that he would have to contact the property owner to discuss a design to break the architecture of the wall Commissioner La Pere stated that the Planning Commission was concerned with the wall; however it was felt that staff could work with the applicant to design some type of fagade to break -up the wall. Mayor Kelley agreed that it was not an exciting building, however industrial buildings tend not to be. She stated that the City did welcome the business and the jobs. She stated that she wished there was more design and asked Community Development Director Brady to work with the applicant to improve the design of the building. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO APPROVE THE TENTATIVE CONDOMINIUM PLAN FOR PARCEL NO.2 OF TENTATIVE PARCEL MAP NO. 30680 AND DESIGN REVIEW OF I- NO.2002 -023 FOR THE CONSTRUCTION OF THREE BUILDINGS WHICH ENCOMPASS APPROXIMATELY 63,400 SQUARE FEET, BASED ON THE RECOMMENDED FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: FINDINGS — CONDOMINIUM PLAN The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is PAGE ELEVEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 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 balanced. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. FINDINGS — DESIGN REVIEW The project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the project will be located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property ion accordance with the objectives of this chapter and the planning district in which the site is located. CONDOMINIUM PLAN 1. Tentative Condominium Plan for Parcel No. 2 of TPM No. 30680 will expire two (2) years from date of approval unless within that period of time a final map has been filed 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. 2. Tentative Condominium Plan for Parcel No. 2 of TPM No. 30680 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. 3. 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 Tentative Condominium Plan for Parcel No. 2 of TPM No. 30680, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources PAGE TWELVE — CITY COUNCIL MINUTES — SEPT. 24, 2002 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. 4. Prior to final map approval of Tentative Condominium Plan for Parcel No. 2 of TPM No. 30680, 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. 5. Prior to final map and recordation approval of Tentative Condominium Plan for Parcel No. 2 of TPM No. 30680, the applicant shall prepare and record CC &R's against the 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. 6. No lot or 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. DESIGN REVIEW 7. Design Review approval for Industrial Project No. 12002-03 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) PAGE THIRTEEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones. 13. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 15. No exterior roof ladders shall be permitted. 16. Applicant shall use roofing materials with Class "A" fire rating. 17. All exterior downspouts shall be concealed or architecturally screen and painted to match with building exterior color. PAGE FOURTEEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 18. 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. 19. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. The applicant shall provide one additional accent color to the colors proposed. This color shall be reviewed and approved by the Community Development Director or designee. Additional enhancements to the rear of Building "C" in the form of a elevation enhancement shall be made subject to the satisfaction of the Community Development Director. (added at Planning Commission) 20. On -site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 22. The applicant shall be required to submit for Planning Commission consideration a sign program prior to issuance building permits. 23. 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 24. 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. 25. 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 permit. 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. 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. PAGE FIFTEEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 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. 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. 26. 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. 27. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. PAGE SIXTEEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 28. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 29. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING 30. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 31. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 32. 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 building permit. 33. Dedicate 20 feet along the frontage of Corydon Street and a minimum of half street improvements will be required on Corydon and Cereal. 34. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to building permit. (LEMC 16.34). 35. 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). 36. 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). 37. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 38. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit. 39. Provide fire protection facilities as required in writing by Riverside County Fire. PAGE SEVENTEEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 40. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 41. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 42. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to building permit. 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. 43. Developer shall obtain the services a traffic engineer to determine the traffic impact on the intersection of Corydon and Cereal and determine if a left turn lane and/or right turn deceleration lane may be required for this project. 44. Developer shall pay the City adopted Traffic Mitigation Fee. Traffic Impact Fee to be determined by the City Engineer. 45. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 46. 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. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 47. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 48. An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 49. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 50. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". PAGE EIGHTEEN — CITY COUNCIL MINUTES — SEPT. 24,2002 51. 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. 52. Meet all requirements of LEMC 15.68 regarding floodplain management. 53. Site development along the lake perimeter will require special grading and flood proofing requirements (LEMC 15). 54. Structures built in the Lake Floodway must have the finished floor elevation at or above the base flood elevation of 1267 feet. Fill cannot be imported into the lake floodplain but fill may be transported within the lake floodplain. 55. The Corps of Engineers should be contacted to establish if they have any jurisdiction involving this project. A 401 permit may be required for some of this site is below an elevation of 1265 feet. 56. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and if necessary, the Riverside County Flood Control District prior to building permits. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. Drainage improvements must be compatible with the approved Specific Plan's drainage plan. 57. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 58. 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. 59. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 60. 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 including maintenance responsibilities. PAGE NINETEEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 61. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers and vehicle maintenance as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 62. Applicant to provide FEMA elevation certificates prior to certificate of occupancies. 63. 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. 32. Design Review of Commercial Project No. 2002 -02, Bread of Life Fellowship Church, located at Malaga Road and Grape Street — APN 365- 200 -011. Community Development Director Brady explained that the item before Council was the Design Review for the Bread of Live Fellowship on Malaga off of Grape Street on a 3.3 acre site. He indicated that Planning Commission recommended approval. Councilman Hickman noted that there was a lot of dirt that would have to be moved and he wished them luck. Councilman Buckley questioned what type of future development was planned for the site. Phil Signs, Senior Pastor of Bread of Life Fellowship, stated that a daycare center was planned for the future. Councilman Buckley stated that at some point in the future Council and staff needed to review paper streets and resolve some of the problems they create. Councilwoman Brinley questioned if there was enough property to build class rooms. Pastor Signs stated that the plan was for Sunday school classrooms and not school classrooms. Councilwoman Brinley asked if they had future plans to build a school on that site. Pastor Signs stated that the only plan they had was to expand for a larger congregation. Mayor Pro Tern Schiffner commented that it was a nice looking building and he had no problems with it. Mayor Kelley stated that she liked the design of the church. PAGE TWENTY — CITY COUNCIL MINUTES — SEPT. 24, 2002 MOVED BY BUCKLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C- 2002 -02 FOR A CHURCH FACILITY THAT WILL INCLUDE A 5,892 SQUARE FOOT SANCTUARY AND RELATED IMPROVEMENTS SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL: FINDINGS 1. The project, as recommended by the Planning Commission, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 2. The project complies with the design directives contained in Section 17.82.060 of the Lake Elsinore Municipal Code (LEMC) and all other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82.070, of the LEMC including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. PLANNING DIVISION 1. The Design Review approval for Commercial Project No. 2002 -02 and Conditional Use Permit No. 2002 -04 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. 2. Conditional Use Permit No. 2002 -04 for the church facility 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 the Conditional Use Permit (CUP) application. The CUP shall also be subject to periodic review by the Community Development Director or designee. The CUP can be revoked at any time, if after reviewed by the Planning Commission it is found that the applicant has not been in compliance with Conditions of Approval. The revocation process shall comply with Section 17.74.110 of the Lake Elsinore Municipal Code (LEMC). 3. If the use is discontinued for a continuous six (6) month period or more, Conditional Use Permit No. 2002 -04 may be revoked. The revocation process shall comply with Section 17.74.110 of the Lake Elsinore Municipal Code (LEMC). PAGE TWENTY -ONE — CITY COUNCIL MINUTES — SEPT. 24, 2002 4. Conditions of Approval shall be reproduced on page one of the improvement 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. 5. 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. 6. Seating for the sanctuary shall be limited to 291 semi -fixed seats. If the church facility expands to a larger number, and /or they increase their hours of operation and find that they need additional parking spaces, a church representative shall be required to meet with the Community Development Director or designee to determine a course of action. 7. Any 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. Roof mounted equipment is not allowed. 8. 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. 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10. No outdoor storage is allowed. 11. The trash enclosure shall be constructed per City standards as approved by the Community Development Director. 12. Noise shall be regulated per the regulation of Chapter 17.78 of the Lake Elsinore Municipal Code. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond processed through the Planning Division. PAGE TWENTY -TWO — CITY COUNCIL MINUTES — SEPT. 24, 2002 15. Materials and colors depicted on the plans and the materials board shall be used, unless modified by the applicant and approved by the Community Development Director or designee. 16. On -site surface drainage shall not cross sidewalks. 17. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 18. Signage shall conform to the provisions of Section 17.94. The Community Development Director or designee shall approve all signs for the project. 19. The applicant shall construct a 6 foot decorative block wall along the northern and eastern boundary line. 20. Applicant shall adopt a Graffiti Removal Program, as approved by the Community Development Director requiring removal of graffiti within 72 hours. PRIOR TO BUILDING /GRADING PERMITS 21. 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. 22. 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 permit. 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. 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 "). PAGE TWENTY -THREE — CITY COUNCIL MINUTES — SEPT. 24, 2002 e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shade 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 landscape 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. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 23. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Building and Safety Manager prior to issuance of building permits and final approval. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. ENGINEERING DIVISION 25. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 26. Dedicate a 20 ft. wide strip of additional street right -of -way along the Malaga Road property line to the City prior to issuance of building permit. 27. Dedicate additional right -of -way for a standard corner cutback for the future curb return at the intersection of Lakeview Drive and Malaga Road. PAGE TWENTY -FOUR — CITY COUNCIL MINUTES — SEPT. 24, 2002 28. Pay an in -lieu fee of $59,030 for future improvements on Lakeview Drive ($40,390) and Malaga Road ($18,640). Malaga Road shall be paved for 2 travel lanes (25 ft.) from Grape St. to the easterly property line. The applicant shall receive a credit for the improvement of $4,500 and only pay an in -lieu fee of $14, 140 for Malaga Road. 29. Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. 30. Pay all Capital Improvement fees (LEMC 16.34, Res. 85 -26). Fees include the Master Plan of Drainage fee in the amount $9,100 and the Railroad Canyon Road Benefit Assessment District fee in the amount of $38,000. 31. Submit a "Will Serve" letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 32. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 33. 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). 34. The applicant shall furnish a signing and striping plan for Grape Street and Malaga Road, subject to the approval of the City Engineer. 35. Work done under an encroachment permit for off -site improvements shall be delineated on improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 36. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Department for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 37. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off -site improvements will be scheduled and approved. PAGE TWENTY -FIVE — CITY COUNCIL MINUTES — SEPT. 24, 2002 38. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 39. If grading exceeds 50 cubic yards or the existing flow pattern is substantially modified, grading plans shall be prepared by a Calif Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Provide fire protection facilities as required in writing by Riverside County Fire. 42. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 43. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 44. Roofs should drain to a landscaped area whenever feasible. The parking lot storm water runoff shall be filtered to reduce urban pollutants before draining to the street 45. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and /or diversion of drainage. 46. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 47. 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. 33. Funding of the San Jacinto Watershed Council. City Manager Watenpaugh stated that this was a request from the Santa Ana Watershed Authority to provide a donation to the Santa Ana Watershed Council. He indicated that the purpose of the donation was to sustain the resources of the shareholders of the Santa Ana Watershed. He noted that this organization has a major impact on Lake Elsinore and noted the other members that have contributed. He recommended a donation of $10,000. PAGE TWENTY -SIX — CITY COUNCIL MINUTES — SEPT. 24, 2002 Councilman Buckley commented on the difference between the Watershed Authority and the Watershed Council. He noted that the Watershed Authority was focused on the Lake, whereas the Watershed Council was focused on the upstream conditions. He indicated that it was his understanding that the Watershed Council would have nine members on the Council and hoped that Lake Elsinore would hold one of the seats. Councilman Hickman was in favor of donating $5,000 and suggested spending the other $5,000 on other things. Councilwoman Brinley felt that the City should follow the lead of EVMWD and donate $5,000. Mayor Pro Tern Schiffner explained that the organization was working on solutions to solve problems in the watershed, of which Lake Elsinore happens to be at the bottom; therefore all the problems in the watershed that have been discussed end up being Lake Elsinore's problem. He asked why this action was not financed through LESJWA. Councilwoman Brinley asked if a discussion item, regarding a donation from LESJWA, be placed on the next agenda. City Manager Watenpaugh stated that there would be a request made to LESJWA for funding. LESJWA had funded the total amount previously; however they are looking for other sources. Mayor Pro Tern Schiffner stated that he had no objections regarding a donation of $10,000 since the City of Lake Elsinore was one of the prime beneficiaries of the findings of the Study. He stated that it had been the hope of LESJWA to get the rest of people in the watershed to make improvements in their area which would benefit Lake Elsinore. Mayor Kelley concurred that Lake Elsinore was at the bottom of the Watershed and the San Jacinto Watershed was very important to the City. She stated that it was very important to do what the City could to affect change above our Lake, which in turn would affect the Lake. She indicated that she was in favor of supporting the effort and further indicated that she would be in favor of donating the $10,000. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 TO 2 WITH BRINLEY AND BUCKLEY CASTING THE DISSENTING VOTES TO DONATE $10,000 TO THE SAN JACINTO WATERSHED COUNCIL. PAGE TWENTY -SEVEN — CITY COUNCIL MINUTES — SEPT. 24, 2002 34. Lake Elsinore Outlets Gas Service. City Manager Watenpaugh indicated that this was a request to authorize staff to negotiate for installation of natural gas service to the Collier Avenue area near the Lake Elsinore Outlet Center as a means of encouraging economic growth of the Outlet and the surrounding area. He explained that it would include meetings with the Outlet Center and other interested parties on Collier Avenue, to see if they would be willing to jointly fund a gas line or initiate some other funding method. He indicated that he needed Council direction in regard to the amount of participation that they wished for the City. He noted that the Outlet Center was very excited with the possibility of getting a gas line and would be willing to contribute. He further explained that a gas line, through the Southern California Gas Company, has a reimbursable program over a ten year period and as other parcels hook to the gas line the entities that paid for the gas line would be reimbursed. He recommended that a gas line be placed from Hunco Way to Nichols Road, which would allow for potential restaurant development. Councilman Hickman commented that it was the cost of doing business; however he was not willing to put out much money and possibly none at all. He stated that it was the businesses responsibility as a cost of doing business and he would like to see the City negotiate, however he did not feel that the City should be spending money on the gas line. Councilwoman Brinley stated that she had no problem with the City negotiating for a gas line. She noted that the Planning Commission discussed the gas line years ago, however at that time Outlet Center did not include restaurants as they do now. She indicated that since the Outlet Center brings in nearly a million dollars a year in tax revenue, she felt that the City should support the establishment. She stated that it would encourage the development of other restaurants. Councilman Buckley stated that he could not see the City financially helping them, since they have more money than the City does. He commented that not putting in a gas line in the beginning was a classic example of City short sightedness. He concurred with Councilman Hickman and indicated that he would be in favor of negotiations; however he did not feel that the City should expend money. He asked if the Gas Company would do a reimbursement with private industry as well as a City. City Manager Watenpaugh stated that they would. He commented that the Outlet Center has been great for the City; however he felt that the City should keep costs minimal. PAGE TWENTY -EIGHT — CITY COUNCIL MINUTES — SEPT. 24, 2002 Mayor Pro Tem Schiffner stated that it was an important improvement that needed to be done. He commented that he would not second guess or criticize why the gas line was not installed and further commented that it was his guess that the gas line was not near enough to the site to be available. He indicated that he felt that the gas line was so important that it would be a worthwhile expenditure for the Redevelopment Agency. He noted that it was a very good possibility that the City would not have to pay for the gas line, since the Outlet Center may be able to front the cost, however if it was necessary for the City to front the cost, then he would be willing to do that. He stated that it would provide the opportunity for some decent restaurants to be built in the area. He noted that the service station located at the corner of Nichols Road and Collier Ave. has a completed fast foods restaurant that has never been used because there was no gas available. He explained that was what Redevelopment money was for. Mayor Kelley stated that what was before Council was an item to allow City staff to negotiate with the Gas Company and property owners for a gas line. She indicated that she was in favor of that action. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO NEGOTIATE WITH THE SOUTHERN CALIFORNIA GAS COMPANY AND THE PROPERTY OWNERS FOR INSTALLATION OF NATURAL GAS SERVICE TO THE COLLIER AVENUE AREA. THE CITY COUNCIL MEETING RECESSED AT P.M. THE CITY COUNCIL MEETING RECONVENED AT P.M. PUBLIC COMMENTS — NON AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest Drive, commented that there were people tearing down signs. She noted that Mike Shumm, a candidate for the Water District, has had a very expensive experience through the loss of his signs. She noted that the "Purple People Eater" signs were still there. She commented on how low it was to pull down campaign signs after people have spent a lot of their own money to have the signs made and the time to place them around the town. She stated that her group would be doing a twenty -four hour camera watch on the signs and file charges if they catch anyone removing signs. Max Aragon, 3 Corte Cervati, criticized Mayor Pro Tem Schiffner for his opinion that the only two worthwhile charities were COPS for Kids and H.O.P.E. He noted that there are several other worthwhile charities in the community and invited him to become informed and involved. PAGE TWENTY -NINE — CITY COUNCIL MINUTES — SEPT. 24, 2002 R.L Burdett, 3392 Driftwood Lane, addressed Code Enforcement. He noted that he was disabled and unable to fix his house up to the City's Code Enforcement standard. He explained that he had already received a ticket from Code Enforcement and could not afford another. He indicated that he was not able to financially afford to correct the items that they required. He listed a number of houses in his area that also require attention that have not received tickets. He asked that Council help him to manage the issues facing him. Ron LaPeIe, 16867 Wells Street, Thanked the Council on behalf of the Palm Tree Preservation Committee for signage regarding the removal of palm trees. Pete Dawson, 18010 Grand Avenue, addressed wells for the Lake, and noted that he had provided specifics regarding the drilling of the wells. He presented an overview of the costs and stated that there was no reason to delay. He stated that the water was still available for the wells. Antonio Arrieta, 305 W. Poe Street, questioned what would happen if Poe Street were widened. He noted that if the street were widened it would cause the loss of his home and asked if the City would compensate him. He suggested that the City consider using Collier. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. Addressed Mr. Burdett's comments and stated that two years ago there was a meeting and addressed issues of a trailer parked in the driveway full of trash and a vehicle that was not moving. He noted that Mr. Burdett was given time to address the outstanding issues that were in place at that time, however he was not aware of current issues and invited Mr. Burdett to set an appointment to address the current issues. 2. Addressed Mr. Dawson's comments and stated that all the information that was faxed to the City was forwarded on to a Water Engineer that's preparing the background and information through the Attorney's Office. He thanked Mr. Dawson for getting the information to him in a timely manner. 3. Addressed the residence at 502 Poe Street on the corner of Pottery Street and Poe Street. He stated that should the street need to be widened twenty feet, then there was a legal process that would require the City to acquire the property if it created damages. City Attorney Leibold explained that if there were existing improved property and there were no pending application for development, and City desires to move forward with street improvements, then the law requires that the City pay just compensation for property taken for pubic use. She further explained that the City was only permitted to take that portion of the property that was necessary for the PAGE THIRTY — CITY COUNCIL MINUTES — SEPT. 24, 2002 public use. She indicated that if the portion that was necessary, results in unusable property then there was something called severance damages, and in some circumstances requires the City compensate the property owner for the entire parcel. She commented that in general that was how the acquisition of property, absent a development application, would be addressed. She indicated that it was her understanding that there was no immediate plan to improve Pottery Street. She noted that it was part of a long term (20 years) General Plan Circulation Element that calls for widening the street. 4. Congratulated Deputy Lewis for his promotion. 5. Congratulated Shane Ryan for his Eagle Scout Award. 6. Congratulated Wally Ueno for Business of the Quarter. 7. Thanked the VFW for their support of patriotism with the flags. 8. Thanked the Historical Society for all their efforts on the Fire Engine. CITY ATTORNEY COMMENTS City Attorney Leibold stated that Council met in Closed Session to hear and discuss Items A through E as listed on the Agenda. She announced that there was no reportable action on Items A through E. CITY COUNCIL COMMENTS Councilman Buckley commented on the following: 1. Agreed that Collier Avenue would be better than Pottery Street to widen. 2. Commented that one of Mr. Purpura's signs that was located at the donut shop disappeared as well. 3. Commented that like most politicians he was concerned with appearances. He noted that buildings were permanent; Council was not; and that way why it was so important to improve the esthetic standards in the City. He concurred with Mayor Kelley that there should be a joint Planning Commission/City Council Study Session to be sure the Commission and Council were on the same page. He commented that he felt that the City needed to rethink and improve the City's standards. He further commented that what the residents see everyday has a direct effect on how they feel PAGE THIRTY -ONE - CITY COUNCIL MINUTES — SEPT. 24, 2002 about the City they live in and what visitors see has a direct impact on the future of the City, therefore he would vote against projects that he feels are less than acceptable Councilman Hickman commented on the following: 1. Announced that Saint Francis of Rome has their Annual Carnival September 27ffi through 29"' and invited the pubic to attend. 2. Commented that his sons have gone back to active duty in the military. 3. Commented that he had been under the weather and apologized for not responding immediately to citizens calls_ 4. Expressed his sympathy to people that have lost their political signs. Councilwoman Brinley commented on the following: 1. Addressed Mr. Burdett's comments and stated that she was sure that the City would try to work with him to resolve the problems. She suggested that he make an appointment to meet with City Manager Watenpaugh. 2. Congratulated Mr. Occhipinti for a successful Beach Boy Concert. She asked how many people attended. City Manager Watenpaugh indicated that there were over 4,000 people in attendance. Councilwoman Brinley stated that it was a lot of fun and she would like to see more events of that nature. 3. Commended the Sheriffs Department for the traffic control at the Concert. 4. Noted that the Palm Trees were a sensitive issue and thanked Mr. LaPere for his dedication and assistance on the Palm Tree Committee and the changes that were made to preserve the palm trees. 5. Congratulated Shane Ryan for his rank of Eagle Scout. 6. Thanked the VFW for all their hard work. 7. Congratulated Deputy Lewis on his promotion. PAGE THIRTY -TWO -CITY COUNCII. MINUTES - SEPT. 24, 2002 Mayor Pro Tern Schiffner commented on the following: Commented that he was as anxious as Mr. Dawson to see water added to the Lake. He noted that the City Manager's Office was moving on the issue and commented that the wheels of government do not move as fast as private industry. 2. Addressed his comment regarding COPS for Kids and H.O.P.E. and explained that he hoped people understood that those were his favorite charities. He stated that it does not mean that they were the only two charities in town, however they were his favorite two charities and he would continue to support them. Corrected a comment that he made regarding the founders of COPS for Kids, and indicated that Deputy Willie Simons and Deputy Kathy Perry were the founders of COPS for Kids and thanked them for their efforts and apologized for not recognizing them. Mayor Kelley commented on the following: 1. Announced the "Safeguarding our Children" program tomorrow night at the First Assembly of God Church at 7:00 p.m. She read a press release regarding the safety of children. 2. Announced the Blessing of theAnirnals, Saturday; October 26, 2002, from 11:00 a.m. to 4:00 p.m. at the Diamond. She noted that there would be entertainment. 3. Announced Household Hazardous Waste, Saturday, October 5s' from 9:00 a.m. to 2:00 p.m. 4. Announced the Open Air Market on Sunday, October 6"', from 9:00 a.m, to 3:00 p.m. Announced the EDC Meeting on October 10 s, at the Diamond. Announced the Mini Grand Prix, Saturday, October 12`x, at the Diamond. 7. Congratulated Lakeview inn for Business of the Quarter. 8. Congratulated Deputy Lewis and thanked him for his service to the City. 9. Congratulated Shane Ryan for his rank as Eagle Scout. She commented that she has known Shane all of his life and she was very proud of him. PAGE THIRTY -THREE — CITY COUNCIL MINUTES — SEPT. 24, 2002 10. Addressed Mr. Burdett's issues and suggested that he contact the Rotary "Fit Committee" and see if they could lend some assistance. 11. Commented that she had attended the Watershed Cleanup last Saturday and noted the amount of volunteers as well as Scouts, City Crew and Code Enforcement. She noted that it was a great success. 12. Noted a luncheon at La Costa to honor Assistant City Manager Marlene Best, who was nominated as one of North County Times Women of Merit. 13. Congratulated Temecula Valley Assistance League for a successful and fun concert. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT P.M. G KELLEY, MAYOR Y OF LAKE ELSINORE CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE