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HomeMy WebLinkAbout12-10-2002 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 10, 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, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Deputy City Attorney Mann, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis and Deputy City Clerk Paredes. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Gov't. Code Section 54956.9) City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore v. Diamond Sports & Entertainment LLC et al (Riverside Co. Superior Count Case #356131). (F:52.2)(X:40. 1)(X: 134. 1) B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Gov't. Code Section 54956.9) Liberty Founders LLC v. City of Lake Elsinore et al (Riverside Co. Superior Count Case #355890). (F:52.2)(X:40.1) PAGE TWO — CITY COUNCIL MINUTES — DEC. 10, 2002 C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Gov't. Code Section 54956.9) California Bank and Trust v. City of Lake Elsinore et al (Riverside Co. Superior Count Case #344190). (F: 52.2)(X:40.1) D. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION — ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (1 case). (F:40.1) City Attorney Leibold announced the Closed Session Items as listed. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:02 P.M. Closed Session was completed at 6:51 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Mayor Kelley called the Regular City Council Meeting to order in public session at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Leibold. INVOCATION Mayor Kelley led a moment of reflective silence. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: HICKMAN PAGE THREE — CITY COUNCIL MINUTES — DEC. 10, 2002 Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Deputy City Attorney Mann, Administrative Services Director Boon, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, Police Chief Walsh, Acting Fire Chief Shymanski and Deputy City Clerk Paredes. PRESENTATION A. Presentation — Chamber of Commerce Update. (F: 108.4) Chris McColley, Executive Director of the Lake Elsinore Valley Chamber of Commerce and addressed the following: Congratulated The Eckels Group, the November Business of the Month, honored at the November EDC Luncheon. 2. Announced the December of the Month Luncheon on Tuesday, December 17`h at 12:00 noon at Sizzler Restaurant. 3. Announced that the new Board would be sworn in at the Annual Black Tie Installation Dinner to be held Saturday, February 8th at the Diamond Club. She noted that the new Boardmembers were Bill Knight, Evelyn Myberger, and Andrea Paesano. She further noted that Jack McColley had been elected to another term as President, and the Executive Board would be selected at the December Chamber Board Meeting. 4. Announced that the EDC monthly luncheons, Business Programs and Business Mixers would resume in February. Reported that the Lake Elsinore Valley Map production was well underway and 5,000 maps would be available in March. PAGE FOUR — CITY COUNCIL MINUTES — DEC. 109 2002 6. Reported that Monthly figures on website hits average 250,000 and the annual total through November 25, was 3,103,344. 7. Reported that the Chamber had over 25,000 e -mails addresses and had done 15,000 promotional mailings. Reported that the Chamber had experienced over 5,400 outside contacts 9. Reported that the Chamber had mailed over 120 Relocation /Information Packets; the EDC Monthly Luncheons had hosted over 900 guests for the year; 1,900 people attended other events; and they distributed over 40,000 Lake Elsinore Explorer publications. 10. Stated that it has been a busy year and she was looking forward to more expansion and increased services to the community in 2003. CLOSED SESSION REPORT City Attorney Leibold reported that the issues were discussed as listed on the Agenda with the following findings: Item A, approved the default payment of $175,000 by Diamond Sports & Entertainment LLC. The action was approved by a vote of 3 to 1 with Councilman Buckley casting the dissenting vote. Item B, determined that if the Disposition and Development Agreement for Civic Partners was approved, Liberty would agree to pay a $150,000 settlement payment. The case would be dismissed with prejudice. The action was approved by a vote of 3 to 1 with Councilman Buckley casting the dissenting vote. PAGE FIVE — CITY COUNCIL MINUTES — DEC. 109 2002 Item C, approved the Settlement Agreement; Superior Court Judgment and Writ of Mandate; and a deed of trust. The action was approved by unanimous vote to those present. The following Resolutions were acted upon as follows: (F:52.2) CITY COUNCIL: MOVED BY BRINLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2002-55. RESOLUTION NO. 2002-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING THE SETTLEMENT AGREEMENT WITH CALIFORNIA BANK AND TRUST AND DOCUMENTS RELATED THERETO. REDEVELOPMENT AGENCY: MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. RDA 2002 -7. RESOLUTION NO. RDA 2002 -7 A RESOLUTION OF THE BOARD OF THE LAKE ELSINORE REDEVELOPMENT AGENCY APPROVING THE SETTLEMENT AGREEMENT WITH CALIFORNIA BANK AND TRUST AND DOCUMENTS RELATED THERETO. PAGE SIX — CITY COUNCIL MINUTES — DEC. 109 2002 PUBLIC COMMENTS — AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussion. Item Nos. 21 and 23 CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration. Item No. 4. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (£44.4) a. Joint City Council /Planning Commission Study Session — November 6, 2002. The following Minutes were received and ordered filed. b. Planning Commission Meeting — November 19, 2002. (F:60.3) 2. Ratified the Warrant List for November 27, 2002. (F:12.3) 3. Received and ordered filed the Presentation of Fiscal Year 2001/0 Annual Audit and Financial Report. (17:24.1) 5. Approved application for the 29`" Year Community Development Block Grant — Senior Center Application and directed staff to submit to the County of Riverside. (F:84.2) (X144.3) PAGE SEVEN — CITY COUNCIL MINUTES — DEC. 10, 2002 PUBLIC HEARING 21, Tentative Parcel Map 30787, located North of McVicker Park and West of Grand Avenue and Lincoln Street, Covering_ an area designated as the La Laguna Estates Specific Plan — APN 391. F:110.2 City Manager Watenpaugh introduced Tentative Parcel Map 30787. Community Development Director Brady presented an overview of the project and noted that it was a request to divide 480 acres of unimproved property into two (2) parcels for the purpose of sale. He indicated that the requested action was to split the parcels and would have to return to the Planning Commission and Council for lot sizes, number of homes to be built and how the homes were designed. He explained that the request before Council was a financial mechanism and would have to be brought back for further development. Mayor Kelley opened the public hearing at 7:21 p.m. and called upon those persons who had requested to speak. Kevin Manning, applicant thanked the Council, Planning Commission and staff. He stated that he was looking forward to developing in the City of Lake Elsinore. Woody Woodward, 29180 Sunswept Drive, stated that he lived on a cul -de -sac and was opposed to the extension of Sunswept Drive to open his tract, which is Tract 24624, through to La Laguna Estates. He stated that he felt it should not be used as a through street. He explained that if Sunswept Drive were made into a thoroughfare it would become a traffic safety hazard and commented that he was under the impression that the area in question was to be used as an emergency access roadway only and was to be part of the horse trail system or walking trails. He stated that many of his neighbors were against the project. PAGE EIGHT — CITY COUNCIL MINUTES — DEC. 109 2002 Ron LaPere, Planning Commissioner, clarified that Sunswept Drive was not constructed as a cul -de -sac. Hearing no further requests to speak, Mayor Kelley closed the public hearing at 7:25 p.m. Councilman Buckley clarified that in the Specific Plan it allows for 180 attached homes and the proposed Tentative Tract Map call for 110 single - family residents detached. Community Development Director Brady confirmed. Councilman Buckley questioned the development of emergency access of Sunswept Dr. Mayor Pro Tem Schiffner stated that at the time that the Tentative Tract Map was considered, the roadway would be addressed and would be heard by the Planning Commission and Council. He noted that the action before Council did not take the roadway into consideration. Councilwoman Brinley stated that the item would go back to Planning Commission and traffic mitigation would be addressed at that time. She suggested that Mr. Woodward send a letter to the Planning Commission addressing his concerns. Mayor Kelley clarified that this action was to split the property for financial reasons and future development would be heard by the Planning Commission. Community Development Director Brady confirmed. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TENTATIVE PARCEL MAP NO. 30792 BASED UPON THE FOLLOWING FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: PAGE NINE — CITY COUNCIL MINUTES — DEC. 10, 2002 FINDINGS The proposed subdivision, together with the provisions for its design and improvements, is consistent with the La Laguna Estates Specific Plan No. 92 -4, and therefore, the City of Lake Elsinore 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). 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the Specific Plan and General Plan. 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. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. 6. The design of the proposed division on land or the type of improvements will not cimflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. CONDITIONS OF APPROVAL PLANNING DIVISION Tentative Parcel Map No. 30787 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 PAGE TEN — CITY COUNCIL MINUTES — DEC. 109 2002 of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Parcel Map No. 30787 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. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, 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 Parcel Map No. 30787, 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. 4. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Parcel Map approval. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. PAGE ELEVEN — CITY COUNCIL MINUTES — DEC. 109 2002 The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as identified in their transmittal dated September 27, 2002 attached. The applicant shall comply with all requirements of the Riverside County Fire Department, as identified in their transmittal dated November 15, 2002 attached. 8. Construction on the property covered by this map is subject to all the Conditions of Approval of the La Laguna Estates Specific Plan. 9. Prior to the approval of any tentative tract map on this site, the applicant shall provide the City with a Detailed Phasing, Improvement, and Financial Plan. Said Plan shall describe all on- and off -site roadway and utility improvements and public services necessary to accommodate buildout consistent with the overall design of the Specific Plan. Said Plan shall also describe when the improvements and public services will be provided, how they will be maintained, and recommend feasible funding mechanisms and sources. 10. A Conceptual Landscape Plan for the entire La Laguna site shall be provided prior to approval of the first tentative tract map. Said Conceptual Landscape Plan shall present the overall theme and give special regard to the streetscape, fencing and walls, entry monumentation, signage and lighting, to which all development shall comply. Said Plan shall be prepared in accordance with the Design Guidelines contained in the Specific Plan. 11. Prior to Final Parcel Map, all lots shall comply with minimum standards contained in Title 16 of the Lake Elsinore Municipal Code. ENGINEERING DIVISION 12. The approval of Tentative Parcel Map 30787 is for financing and sale purposes only. No building permit or construction activity is PAGE TWELVE — CITY COUNCIL MINUTES — DEC. 10, 2002 authorized for lots established by this Tentative Financial Parcel Map. Property within the Financial Parcel Map shall apply for approval of a tentative tract map prior to any building or construction activity on the subject site. 13. Developer shall enter into an agreement to join CFD 88 -3 for Phase 4 improvements. 14. Applicant shall dedicate the area along the southerly boundary bounded with dimensions L48, L86, L47, L85 and L46 to the City. 15. Applicant shall provide an appropriate bond for monumentation, unless sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map. 16. Applicant shall identify the access to the fire station on the final parcel map. 17. Applicant to provide an access easement from Dale Court to the Bishop property to the north of Parcel II. 22. Tentative Tract Map No. 30811 — Woodside Homes. (F:160.2) City Manager Watenpaugh introduced the item. Community Development Director Brady explained that Woodside Homes had requested approval to subdivide an approximate 16.9 acre area into 68 total lots comprised of 65 single - family residential lots and three open space lots. He noted that the design would have to come back before the Council. He indicated that the project would establish a Homeowners Association for maintenance of landscaping within median and parkways along project streets and Oak Grove Way, common slopes, and the drainage channel and associated enhanced slope landscaping along the southern property line. He PAGE THIRTEEN — CITY COUNCIL MINUTES — DEC. 109 2002 stressed that the project would be required to have review by the Planning Commission and City Council for Design Review. Mayor Kelley opened the public hearing at 7:30 p.m. asking if anyone wished to speak on this item. Hearing no requests to speak, Mayor Kelley closed the public hearing at 7:31 p.m. Councilman Buckley stated that he approved of the average lot size and noted that they were similar to the projects close to the proposed project. Mayor Pro Tern Schiffner stated that he approved of the project. Councilwoman Brinley noted the problems that Council had faced in the past with the parcel in question and she was happy to have a positive project to consider. Mayor Kelley concurred with Councilwoman Brinley regarding the past problems and indicated that she too was happy to see the project move forward. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TENTATIVE TRACT MAP NO. 30811 BASED UPON THE FOLLOWING FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: FINDINGS The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan and Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. PAGE FOURTEEN — CITY COUNCIL MINUTES — DEC. 109 2002 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 3. The effects this proposed subdivision 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. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). PLANNING DIVISION GENERAL 1. Tentative Tract Map No. 30811 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 30811 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, 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 Tract Map No. 30811, which action is bought within the time period provided for in PAGE FIFTEEN — CITY COUNCIL MINUTES — DEC. 109 2002 3. 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. PRIOR TO FINAL TRACT MAP 4. All lots shall comply with minimum standards contained in Section 17.23 of the LEMC. 5. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 6. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 7. Street names within the subdivision shall be approved by the Community Development Director or Designee. 8. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 9. The applicant shall comply with all conditions of the Riverside County Fire Department. 10. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PAGE SIXTEEN — CITY COUNCIL MINUTES — DEC. 109 2002 PRIOR TO DESIGN REVIEWAPPROVAL 11.All future structural development associated with this map requires separate Design Review approval. 12.Prior to Design Review approval, the applicant shall complete the following: • Prepare Conceptual Landscape Plan, subject to review and approval by the City. • Meet with each existing property owner residing along Palm View and based on their discussions, determine how future project walls will interface with those rear yard walls /fences that exist along Palm View. • Prepare Preliminary Wall Plan, subject to review and approval by the City, which describes the height, material, color, etc. of all perimeter walls. Said Plan will disclose whether double -walls will be required along the western perimeter of the project site, which backs to existing residences along Palm View. If double walls are necessary, cap materials and details shall be described. 13. The Conceptual Landscape Plan shall describe species, size, and location of trees, shrubs, groundcover, etc. to be provided along the drainage running along the southern perimeter of the project site, the proposed pedestrian pathway (Lot 66), and the open space Lots 67 and 68. 14. The applicant shall construct only single story residences along the western perimeter of the project site, including Lots 3, 4, 5, 18, 19, 56, 57, 58, 59, 60, 61, 62, and 63. 15. Design Review plans shall show that an access for maintenance of southern drainage channel and landscaping is provided, if applicable. PAGE SEVENTEEN — CITY COUNCIL MINUTES — DEC. 10, 2002 PRIOR TO BUILDING PERMIT /GRADING PERMITS 16.Prior to issuance of any grading permit and/or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 17.Prior to issuance of grading permit, the applicant shall submit to the City Engineer, for review and approval, their plans for the existing drainage which runs along the southern property line. Said drainage shall either be undergrounded with a reinforced concrete pipe or an open V- ditch. If the V -ditch option is proposed, said ditch shall have erosion - resistant banks and landscaped with groundcover, shrubs, and trees. The V -ditch will be HOA- maintained and provided with a mow -strip to separate the drainage from the adjacent school property. The applicant shall also coordinate with Terra Cotta Middle School to determine whether their existing wrought iron fence should be taken down or extended along the entire southern boundary of the project site for security and safety purposes. Any improvements to the existing wrought iron fence shall be shown on the drainage plans. 18.Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of side and front fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. PAGE EIGHTEEN — CITY COUNCIL MINUTES — DEC. 109 2002 19.A Homeowner's Association shall be established to maintain landscaping within medians medians and parkways along project streets and Oak Grove Way, common slopes, and the drainage channel and associated enhanced slope landscaping along the southern property line. 20.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 21.Pay all applicable fees including park fees. 22.The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 23.The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and /or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 24.The applicant shall meet all requirements of the providing electric utility company. 25.The applicant shall meet all requirements of the providing gas utility company. 26.The applicant shall meet all requirements of the providing telephone utility company. 27.A bond is required guaranteeing the removal of all trailers used during construction. 28.All signage shall be subject to Planning Division review and approval prior to installation. PAGE NINETEEN — CITY COUNCIL MINUTES — DEC. 10, 2002 29.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 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 final map approval. 31.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). The traffic impact fee is $1,197.00 per dwelling unit and the drainage fee is $88,980.00. 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 final map approval. 33.Dedicate a 12 -foot wide strip of additional street right -of -way along the Mountain Street from Lake Street to 100 feet. west of the property line along Lake Street to the City and designate on the tract map. 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 final map approval (LEMC 16.34). PAGE TWENTY — CITY COUNCIL MINUTES — DEC. 10, 2002 35.Street improvement plans and specifications shall be prepared by a California. 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.The 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. 37.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). 38.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 39.The applicant shall install one permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 40.The applicant shall obtain all necessary off -site easements for off - site grading from the adjacent property owners prior to final map approval. 41.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 42.1'rovide fire protection facilities as required in writing by Riverside County Fire. 43.1'rovide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. PAGE TWENTY -ONE— CITY COUNCIL MINUTES — DEC. 10, 2002 44.The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 45.The 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. 46.The applicant shall design and construct a traffic signal at Lake Street and Mountain Street. The traffic impact fee of $77,805.00 will be used as a credit toward the cost of the signal and the City shall enter into an agreement with the developer to reimburse the remaining costs for installing the signals. The traffic signal shall be operational at the 10`h certificate of occupancy for Tract 30811. 47.The radius for curb return on the northeast corner of Lake Street and Mountain Street will need to be increased as part of the design for the traffic signals. 48.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 $300.00 per sheet for City digitizing. 48.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 49.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. PAGE TWENTY -TWO — CITY COUNCIL MINUTES — DEC. 109 2002 50.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 51.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on- site. 52.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. 53.0n -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 ". 54.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. 55.The drainage easements for storm drain pipes at the low points in the subdivision shall be provided with an emergency spill way designed in the storm drain easement. 56.The drainage easement along the southern boundary will be owned and maintained by an HOA. 57. 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. The applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 58.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. PAGE TWENTY -THREE - CITY COUNCIL MINUTES - DEC. 10, 2002 59.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. 60.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. 61.The applicant shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 62.Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 63.The 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. 64.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 65.No residential lot shall front or have access to Lake Street, Mountain Street and/or Orange Grove Way, and so noted on the final map. PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - DEC. 10, 2002 66.In accordance with the City's Franchise Agreement for waste disposal and 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. 31. Second Reading of Ordinance No. 1088, approving Zone Change No. 2002 -03. (F:172.1) City Manager Watenpaugh stated that this was a second reading of Ordinance No. 1088 regarding Zone Change No. 2002 -03 heard at the November 26`h City Council Meeting, relating to 301 Summerhill Drive allowing Weinerschnitzel and Jiffy Lube ownership of their own parcel's. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1088 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2002-03 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN 363- 550 -008 FROM C -2 (GENERAL COMMERCIAL DISTRICT) TO C -1 (NEIGHBORHOOD COMMERCIAL DISTRICT) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, SCHIFFNER, KELLEY PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - DEC. 10, 2002 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE ITEM PULLED FROM CONSENT CALENDAR 4. 29`h Year C.D.B.G Allocation. (F:84.2) Councilman Buckley noted the spread of the Community Development Block Grand funds and suggested that $6,000 be granted to H.O.P.E., $5,000 to Assistance League of Temecula - Operation School Bell, and $19,000 to City of Lake Elsinore Senior Center. Mayor Pro Tern Schiffner noted that only 15% of the C.D.B.G funds could be used for Public Service Programs and stated that if the Council reduced the funds for the Senior Center the remainder of the money would have to come from the General Fund and he was not willing to take that action. Councilwoman Brinley stated that she agreed with staff's recommendation. Mayor Kelley stated that she was not willing to reduce the amount that would be allocated to the Senior Center and suggested that Council consider the additional funding at Mid -Year budget. She commented that Council provided additional funding at Mid -Year budget last year and it worked well. MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY A VOTE OF 3 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE AND HICKMAN ABSENT TO ADOPT THE 29TH YEAR C.D.B.G PROGRAM AS OUTLINED BELOW. PAGE TWENTY -SIX- CITY COUNCIL MINUTES - DEC. 10, 2002 PUBLIC SERVICE PROGRAMS H.O.P.E. - Food Program 6,000 2,500 2,500 Assistance League of Temecula - Operation School Bell 10,000 2,500 2,500 TOTAL $211,000 $200,000 $200,000 THE CITY COUNCIL RECESSED AT 7:40 P.M. THE CITY COUNCIL RECONVENED TO A JOINT CITY COUNCIL /REDEVELOPMENT AGENCY PUBLIC HEARING AT 7:43 P.M. 23. Disposition and Development Agreement by and among the Redevelopment Agency of the City of Lake Elsinore, Laing -CP Lake Elsinore LLC and Civic Partners - Elsinore LLC and making g ertain findings in connection therewith. (F:134.7) (X:68.1) Mayor Kelley explained that this was a joint public hearing and would be held jointly with the Redevelopment Agency and would be heard during the Redevelopment Agency Meeting. City Attorney /Legal Counsel Leibold introduced the item and explained that the City had been in negotiations with the Developer and Master Developer with respect to the Disposition and Development Agreement (DDA). She indicated that the Agency Board held a Study Session on December 9, 2002, to discuss the DDA as it related to the settlement of some pending litigation and provide an opportunity for the Agency Board and the public to express their FUNDED PUBLIC WORKS PROJECTS REQUESTED SUGGESTED 2002 -2003 City of Lake Elsinore - Swick/Matich Park ADA Restroom Construction $100,000 $100,000 $ 100,000 - Code Enforcement 20,000 20,000 20,000 - Dangerous Structure Abatement 50,000 50,000 50,000 PUBLIC SERVICE PROGRAMS City of Lake Elsinore - Senior Center Services 25,000 25,000 25,000 PUBLIC SERVICE PROGRAMS H.O.P.E. - Food Program 6,000 2,500 2,500 Assistance League of Temecula - Operation School Bell 10,000 2,500 2,500 TOTAL $211,000 $200,000 $200,000 THE CITY COUNCIL RECESSED AT 7:40 P.M. THE CITY COUNCIL RECONVENED TO A JOINT CITY COUNCIL /REDEVELOPMENT AGENCY PUBLIC HEARING AT 7:43 P.M. 23. Disposition and Development Agreement by and among the Redevelopment Agency of the City of Lake Elsinore, Laing -CP Lake Elsinore LLC and Civic Partners - Elsinore LLC and making g ertain findings in connection therewith. (F:134.7) (X:68.1) Mayor Kelley explained that this was a joint public hearing and would be held jointly with the Redevelopment Agency and would be heard during the Redevelopment Agency Meeting. City Attorney /Legal Counsel Leibold introduced the item and explained that the City had been in negotiations with the Developer and Master Developer with respect to the Disposition and Development Agreement (DDA). She indicated that the Agency Board held a Study Session on December 9, 2002, to discuss the DDA as it related to the settlement of some pending litigation and provide an opportunity for the Agency Board and the public to express their PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES - DEC. 10, 2002 questions and concerns to staff and allow preparation time for the answers. She further explained that the DDA was an agreement among the Agency, the Developer, Laing -CP Lake Elsinore LLC, and the Master Developer, Civic Partners- Elsinore LLC, and indicated that the City was not a party to the Agreement. She presented an overview of the sale of individual building pads and the development period called for in the Agreement. She noted that the interest rate would be the Cal Trans interest rate less 1 %. She explained that the Master Developer had an option for the purchase of the existing parking lot for the Stadium, however they would have to provide an alternate site with an equal number of parking spaces as part of the option. She explained that the grading of the site would not dictate the standards for any future building since that would have to be addressed at a later time during the public hearing for review of the Specific Plan and Design Review process. She noted that the item before Council was an agreement relating exclusively to the underlying financing mechanism for the eventual development of the site in question. City Attorney /Legal Counsel Leibold presented an overview of the time lines regarding the sale of Agency property and explained that the City retained legal rights to review all requirements. She noted the schedule for the phasing of the Development and what impact that would have on the tax increment and the reimbursement that would be made for extraordinary costs of development of the property. She stressed that the proposed Agreement would supercede all other agreements. City Manager /Executive Director Watenpaugh indicated that the following issues were discussed at the December 9`h Study Session: 1. Building homes in the Flood Plain. 2. The elevation of 1265 established by FEMA. 3. The 30,000 acre feet of flood storage in the Back Basin must be maintained and the Outflow Channel will provide an overflow outlet, but not at the same rate as the Inflow Channel. PAGE TWENTY -EIGHT - CITY COUNCIL MINUTES - DEC. 10, 2002 4. The modification that was done to the Levy to allow development. 5. Notification to SAWPA of the Project. 6. Discussion regarding recreation in the Back Basin. Noted that everyone would like to see recreation developed in the Back Basin, however no one want to front the money to build. City Manager /Executive Director Watenpaugh presented an overview of the distribution of the property tax from the proposed development and explained that the increased tax increment would go to the Redevelopment Agency, with no loss of property tax to the city. He indicated that the development of the Back Basin would generate additional sales tax dollars and the extra population would promote more commercial which in turn would generate more tax dollars. He stressed that the development would have to be done above the flood level, which was 1265 and the maintenance and provision of flood storage was a requirement. He explained that there would be a Community Facilities District formed to pay for police and fire and the developer would build roads and would contribute to the City's Transportation Developer Impact Fees. Councilwoman/Chairwoman Brinley asked that the Senior Priorities be clarified. City Attorney /Legal Counsel Leibold presented an overview of the functions of the Redevelopment Areas II and III and explained that the property taxes were no different than any other area of the City, however the distribution of property taxes was different. She indicated that the Agency had preexisting obligations, and they must be paid first. She indicated that the Developer and Master Developer would be entitled to increment only if the Agency had met all its other obligations. Councilwoman/Chairwoman Brinley opened the public hearing at 8:30 p.m. and called upon those persons who requested to speak. PAGE TWENTY -NINE - CITY COUNCIL MINUTES - DEC. 10, 2002 Steve Semingson of Civic Partners presented an overview of Civic Partner's role in the project and the challenges they have faced. He introduced Mitchell Bradford of John Laing Homes. Mitchell Bradford of John Laing Homes, thanked his team, the City staff and citizens for their input regarding the project. He stated that Laing Development did care about the opinions of the public and indicated that they were good listeners. He stated that they hoped to hold pubic forums to provide the opportunity for valuable input from the public. He stated that their buisness was creating homes and neighborhoods and read from the John Laing Homes policy manual that each employee follows. He stated that his company understood the need for hopes and dreams and did intend to be involved in the community. He thanked Council /Agency Board for the opportunity to address the public. Jim Morris, 11520 Golden Sands, expressed his desire that nothing affect the airport. He asked if a study had been done to address the airport in conjunction with the project. Lou Prijatel, 17471 S. Lakeshore Drive, commented on the amount of water from the floods of 1980 and noted the area that the flood water covered. He commented that the Outflow Channel would not be adequate under the same conditions as 1980 and noted the increased chances of flooding new homes. Pete Dawson, 18010 Grand Avenue, called a Point of Order, and suggested that the item be continued since the audio was not functioning and the public was entitled to hear this item. He commented that the Lake was low and needed water, and commented that the Lake had reached flood stages in 1980, 1983 and 1993. He noted that the water that was stored in the back basin was used to replenish the water in the Lake and explained that he felt that it was short sighted to build a project in the flood plain. PAGE THIRTY - CITY COUNCIL MINUTES - DEC. 10, 2002 Mike O'Neal, 1403 Heald Avenue, commented on the impact of the project on the environment. He addressed the debt that the City would incur and cited the losses experienced by the Skate Park. He stated that the City was being held hostage by lawsuits. Ruth Atkins, 15237 Lake Trail Circle, stated her objection to the project and indicated that there had been several floods throughout the history of the City of Lake Elsinore. She expressed her concern regarding building homes in the flood plain. Dan Uhlry, 103 W. Flint Street, stated that the Lake has experienced a flood condition every 20 to 30 years and cautioned proper development to prevent damage to new homes. He noted the figure on Page 24 and 31 of the Development Agreement and stated that the math figures needed to be checked. Chris Hyland, 15191 Wavecrest Drive, stated that she had checked with the Army Corp of Engineers and stated that a 404 Permit had not been issued for the Back Basin. She sated that no development could be approved without the permit. She asked Mr. Simingson to address the failed projects experienced by Civic Partners. She commented that she had predicted that when TMC had the Stadium it would come back to the City in two years and it did. Barbara Bousman, 668 Parkview Drive, spoke in opposition to the project and stated that she did not feel that a project should be built in the Flood Plain. She commented that during the 1980, floods Lake Point Mobile Home Park went under and it did. She further commented on the poor soil that would be used to build up the sites and questioned its stability. George Alongi, 649 Mill Street, commented on the jurisdiction of taxes and read an article from the newspaper that addressed the project. He stated that there was no comparison to the proposed project and Mission Bay. He further commented that the Outflow Channel was 10% less than what it should be and that a 100 -year PAGE THIRTY -ONE - CITY COUNCIL MINUTES - DEC. 10, 2002 Flood would endanger the new homes. He noted the City Ordinance that does not allow building under 1270 feet elevation and suggested that the City find another way to settle the lawsuit. Councilwoman /Chairwoman Brinley suggested a short recess. THE JOINT CITY COUNCIL /REDEVELOPMENT AGENCY MEETING RECESSED AT 8:35 P.M. THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING RECONVENED AT 8:45 P.M. Linda Ridenour, 33628 Brand Ave., questioned the location of the project and asked who would maintain the proposed golf course. Bill Tucker, 740 Acacia, spoke in opposition to the project and asked what impact the project would have on the Lake and the fish habitat. He stated that he was under the impression that the Back Basin was to be used for recreation. Robert Lapidus, 750 13`h Street, San Diego, representative of the Lehr Family, stated that his family has been waiting patiently for the development of the Back Basin and commented that he felt that the proposed DDA was the proper approach. He stated that he was in favor of the development and supported the DDA. Carmela Loelkes, 25190 Hancock Ave., Ste. A, Murrieta, representing the Lehr Family, stated that she had been in attendance at all of the various meetings regarding the development of the Back Basin and commented that Civic Partners would meet their responsibilities to the various agencies and indicated that the DDA would make the Developers accountable. She stated her support of the DDA. Dave Oster, General Manager of the Storm Baseball Team, asked Council to proceed carefully. He commented on the amount of people PAGE THIRTY -TWO - CITY COUNCIL MINUTES - DEC. 10, 2002 that the Motorcross, Airport, Stadium and Lake attract. He noted that it was a fine balance between homes and recreation. He commented that recreation enhanced the quality of life in the City and made an important positive difference. Ron LaPere, 16867 Wells Street, stated that he had noted the concerns stated by the audience and cautioned the City Council/Agency Board that this would be the only way to go. He noted the responsibility of the Planning Commission, Agency Board and City Council to get the project right. City Attorney /Legal Counsel Leibold stated that her office had been in negotiations and now the Council /Agency could move forward with the DDA. Councilwoman/Chairwoman Brinley stated that she felt that the project was a good balance between business, recreation and homes. City Manager /Executive Director Watenpaugh stated that the Council has stressed quality balanced with recreation. Mr. Semingson stated that it was Civic Partners goal to be a good partner and promote mixed uses. City Attorney Leibold presented an overview of the reimbursements for extraordinary costs. Councilwoman/Chairwoman Brinley questioned the future of Lakepoint Park. City Manager /Executive Director Watenpaugh stated that Lakepoint Park was in the Specific Plan and should the developer wish to utilize the area the park would have to be replaced. He presented an overview of the sages of development and noted the requirements for the installation of the Golf Course. He noted that the stages of development would have to come back before the Planning Commission and City Council for consideration and approval. He addressed the question regarding the maintenance of the Golf Course PAGE THIRTY -THREE - CITY COUNCIL MINUTES - DEC. 10, 2002 and explained that it would be up to Laing or Civic Partners since it would be a golf course open to the public but privately owned and maintained. He addressed the elevation for building and stated that the current Ordinance did require 1270 feet for floor level, but FEMA recognizes 1265 feet. He noted that there had been several modification to the Lake Management documents and it went from a straight levee with no development to a meandering levee with development allowed. He stated that it would have been premature for Civic or Laing to approach the School District or the Water District since the DDA was not in place and no findings could be made. That would come after adoption of the DDA and the beginning of development. Councilwoman/Chairwoman Brinley asked for clarification regarding the 404 Permit. City Manager /Executive Director Watenpaugh explained that the City had always been in control of the 404 Permit and continue to be in control of the Permit. He indicated that the City would be a partner to the Developer and the Developer would cover all of the expenses. Mr. Semingson addressed the comment regarding failed projects and stated that the only project Civic Partners had been involved in that had problems was in Vista and there were private /public issues that had now been resolved. He commented that the company had developed in various areas of the State and had good success. City Manager /Executive Director Watenpaugh addressed water storage in the Back Basin and explained that it was not part of the original 404 Permit and had to be addressed as a separate issue. He presented an overview of the Inflow and Outflow Channel. He commented on the new regulations of the NPDES. He stated that the City was committed to retaining the airport, motocross, Stadium and Lake along with their uses. Mayor /Boardmember Kelley commented that she agreed with Mr. Oster and stated that it was a very fine balance to retain continuity PAGE THIRTY -FOUR - CITY COUNCIL MINUTES - DEC. 10, 2002 between recreation and housing and in a perfect world she would have liked to see the Back Basin used for recreational purposes only, however there was an old Development Agreement that was full of holes and allowed the construction of 9,000 homes and ran for another 15 years. She stated that the new agreement would throw the old DDA out. She stated that the question was whether the City should move forward with the litigation at a cost of approximately one -half million dollars or approve an agreement for a new plan for development. She stated that she felt that the new agreement places responsibility on the developer and complimented City Attorney /Legal Counsel Leibold for her hard work in answering Council /Agency concerns. She stated that she was in favor of the DDA. Mayor Pro Tem/Boardmember Schiffner stated that the Airport was private property and was being leased. He indicated that the City had no control over the airport or its use. He commented that the Council /Agency takes recommendations from professionals and explained that FEMA would have to insure the homes in the development. He commented that there was no indication that the Skate Park would make revenue since it was a service of the City. He noted that the Golf Course would belong to the Developer and not the City; therefore the City would not be involved in its maintenance. He explained that there had been no intention of making the Motocross a permanent facility and it was always intended to be temporary. He noted that the land was leased and they were operating under a Conditional Use Permit. He commented on the amount of study that had gone into the proposed agreement and explained that it was a good way to get rid of a bad agreement. He stated he was in favor of the DDA. Councilman/Boardmember Buckley agreed that the Agreement was better, however better was not necessarily good. He questioned if there was another way to get rid of the other agreement and stated that the City could continue to litigate. He stated that he had spoken to Councilman Hickman and he was not in favor of the project. He PAGE THIRTY -FIVE - CITY COUNCIL MINUTES - DEC. 10, 2002 commented that although the document was not a specific plan it did address the number of homes to pencil out the financial end of the DDA. He stated that he was not against development however he did not see 2,600 homes as an asset and suggested that the area was ideal for a hotel, arena, water park and golf course. He stated that houses cost money, however tourists brought money and then left. He stated that he did support private property rights, however Council does have a responsibility to the public to spend public money wisely. He stated that the future of Lake Elsinore could be just a bedroom community or a viable historical community with strong recreation where people could spend their money. He stressed that he was not opposed to the development; however he could not support the project. Councilwoman /Chairwoman Brinley noted that Lake Elsinore does have a proud history and Council has an obligation to the City to assist in the growth of the City and provide public services as well as amenities to the citizens. She explained that to achieve the amenities there was a necessity to have roof tops and development was necessary. She indicated that Laing had the ability to build quality homes and with a new agreement the Council /Agency had the opportunity to address issues, including the number of homes, traffic circulation and proper planning. She stated that the Planning Commission would address the project and see that it was done right. She questioned the lot sizes. City Manager /Executive Director Watenpaugh stated that was an item that would be addressed at the Tract Map stage. Councilwoman/Chairwoman Brinley commented on the performance clause and noted that all the amities would be available because of this proposed development as well as others. She assured the pubic that Civic Partners /Laing Homes would assume responsibility and would pay their fair share. She explained that it was the job of the Council to do what was best for the entire community and get the most "bang for their buck ". She commented that it was incumbent upon the Council to follow legal advice and make the best decisions possible. She noted that the DDA had been in the process for at least one and one -half years to date. PAGE THIRTY -SIX - CITY COUNCIL MINUTES - DEC. 10, 2002 Councilwoman/Chairwoman Brinley closed the public hearing at 9:55 p.m. Mayor Pro Tem/Boardmember Schiffner commented that the Council /Agency was faced with many decisions and what was currently available regarding this issue was to approve the DDA or fall back on the former agreement and continue to litigate. CITY COUNCIL: MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY A VOTE OF 3 -1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO APPROVE RESOLUTION NO. 2002-549 BY TITLE ONLY. RESOLUTION NO. 2002-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CONSENTING TO THE APPROVAL BY THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, LAING -CP LAKE ELSINORE LLC AND CIVIC PARTNERS - ELSINORE LLC AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. REDEVELOPMENT AGENCY: MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 -1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO APPROVE RESOLUTION NO. RDA 2002- 06, BY TITLE ONLY. PAGE THIRTY -SEVEN - CITY COUNCIL MINUTES - DEC. 10, 2002 RESOLUTION NO. 2002-06 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, LAING -CP LAKE ELSINORE LLC AND CIVIC PARTNERS - ELSINORE LLC AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. CITY COUNCIL RECESSED TO A JOINT CITY COUNCIL/ REDEVELOPMENT AGENCY/ PUBLIC FINANCE AUTHORITY MEETING AT 10:00 P.M. CITY COUNCIL RECONVENED AT 10:05 P.M. PUBLIC COMMENTS Ruth Atkins, Lake Elsinore Historical Society, announced the Holiday Home Tour on Saturday, December 14th, for a donation of $8.00 per person. George Alongi, 649 Mill Street, read an article regarding Tere Cherveny who was now the Mayor of Red Bluff, California and commented that she had been a Councilwoman for the City of Lake Elsinore several years ago. He thanked the City for the opportunity to serve as Santa Clause. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: Apologized to the community for the technical problems and commented that they would be resolved before the next City Council Meeting. 2. Thanked Civic Partners and Laing Homes for attending the meeting. PAGE THIRTY -EIGHT - CITY COUNCIL MINUTES - DEC. 10, 2002 3. Stated that there would be an acknowledgement of new officers the first City Council Meeting in January. 4. Announced that Lake Elsinore Fire Station 85 was now open and acknowledged the hard work of everyone involved. He introduced Fire Captain Todd Shymanski to the community. COUNCIL COMMENTS Mayor Brinley commented on the following: 1. Commented that Council was testing the waters regarding the DDA and would base future development on the outcome. 2. Expressed her appreciation to Mayor Kelley for her last year in office. 3. Wished everyone a Merry Christmas and Happy New Year. Councilman Buckley commented on the following: 1. Commented that now that the DDA had been approved he would try and be more positive. 2. Wished everyone a Merry Charistmas. Mayor Pro Tern Schiffner commented on the following: 1. Noted that Winterfest was a great success and commended the choir that performed. 2. Commented on the amount of successful events that the City has had. 3. Congratulated Jeaine Martineau for being appointed President of the California School Board. PAGE THIRTY -NINE - CITY COUNCIL MINUTES - DEC. 10, 2002 4. Wished everyone a Merry Christmas. Councilwoman Kelley commented on the following: 1. Congratulated Jeaine Martineau for her appointment to the California School Board. 2. Encouraged everyone in the community to attend the Historical Home Tour. 3. Noted that the Trolley was up and running and encouraged the citizens of Lake Elsinore to utilize the trolley. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:15 P.M. GENIE LEY, MAYOR CITY LAKE ELSINORE PAGE FORTY - CITY COUNCIL MINUTES - DEC. 10, 2002 Respectfully submitted, A ria L. Paredes, Deputy City Clerk I1 VICKI KASAD,'CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE