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HomeMy WebLinkAbout08-22-2000 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 22, 2000 ~~:~~~~~~**:~~~~**~~*~~~*~*~~:~~*~~~~*~*~*~**~*~~*:~~*~~~*~~**~~~~*~~* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Recreation and Tourism Manager Edelbrock. INVOCATION The Invocation was provided Pastor Jack Warford representing First Southern Baptist Church. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, I,egal Counsel Leibold, Administrative Services Director Boone, Community Development Director Brady, Police Chief Walsh, City Engineer O'Donnell, Information/Communications Manager Dennis, Public Works Manager Payne, Recreation and Tourism Manager Edelbrock, City Treasurer Ferro and City C1erWHuman Resources Director Kasad. PRESENTATIONS a. Presentation - Lake Elsinore Girls Softball Team. Mayor called the Lake Elsinore Girls Softball Team forward for presentation. She read and presented a Proclamation to the Team Coaches and presented individual Certificates of Achievement to the following team members: Rene Finley, Pitcher Megan Temple, Pitcher Nichol Sanders, Catcher Victoria Montez, Catcher Kelsey Johnson, 15` Base Laidy Arevalo, lst Base Jackie Harris, 2"d Base PAGE TWO - CTTY COUNCIL MINUTES - AUGUST 22, 2000 Casey Cornell, 3rd Base Gloria Newman, 3`a Base Elizabeth Valdez, left field Michele Landau, left field Barbara Alvarado, center field Melissa Melindez, center field Alison Lippold, right field Kim Cornell, Coach Mike Sanders, Coach. Mayor Brinley commended the team members, parents and coaches on a job well done. Coach Mike Sanders noted the community assistance in the team's success. b. Presentation - Chuck Sacks - 2000 Flight World Competition. Chuck Sacks, representing California Skier, thanked the Council for the opportunity to share recent and upcoming activities in the Inlet Channel and on the levee. He stressed the increased activity on the Lake over the last few months and detailed the events held to date. He announced an event to be held on September 7`~' - 10~h , being the 2000 Flight World Competition and an outdoor festivaL He indicated that he would anticipate a very good turnout; and detailed the events which will include hydrofoiling, wakeboarding and free-style motocross. He looked forward to promoting more events and making good use of the inlet channel. He invited the public to come out and participate in the events. PUBLIC COMMENTS - AGENDIZED ITEMS None. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. l.b. MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNAPTIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT C'ALENDAR AS PRESENTED. The following Minutes were approved: a. City Council/Redevelopment Agency Study Session - August 8, 2000. 2. Ratified the Warrant List for August 15, 2000. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 22, 2000 Received and ordered filed the Investment Report for 7une, 2000. 4. Authorized a Change Order to the 1999/2000 slurry seal contract not to exceed $41,000 to Asphalt Maintenance Company for additional streets and authorized a purchase order not to exceed $72,000 to Nelson Paving and Grading for asphalt crack filling and asphalt repair work for the 2000/2001 Slurry Seal Project. Approved Public Hearing Date of September 12, 2000, for the following: a. Final Conducting Authority hearing for Annexation No. 69 and Sphere of Influence Amendment for Lusk Elsinore, Inc. PUBLIC HEARINGS 21. Lake Elsinore Outlet Center Specific Plan Amendment No. 3, Zone Chan~e No 00-02 Minor Desi~n Review No. 00-02, and Ne~ative Declaration No. 00-02 Castle and Cooke California, Inc.) Resolution No. 2000-39 and Ordinance Nos. 1066 and 1067. Community Development Director Brady advised that this item was an amendment to the Specific Plan which was adopted in 1990. He detailed the past approvals of this project and advised that this amendment basically focuses on the sign program improvements. He explained that they would like to expand their signage to better promote the center, specifically on the Collier side of the facility. He further advised that as part of the expansion, a zone change is required for a 3.5 acre portion, which would add about 300 parking spaces to the center. He noted that it would also include minor design review for the freeway identification sign; and detailed the proposed sign. He explained that it would include messages and promotions for the center and community events; and include landscaping and other elements to soften its appearance. He displayed the color board for the sign and detailed the actual colors to be used on the sign. He indicated that the Planning Commission had recommended approval of this request and detailed one minor change to Condition # 13 being the addition of the following verbiage: "Agreement would have to be completed prior to final permit for installation of the sign." Mayor Brinley opened the public hearing at 7:31 p.m., asking those persons in favor of this project to speak. The following person spoke: Steven DeBranch, representing Castle and Cooke, indicated that he was present to thank the Council and City staff for their attention to this request. He advised that they have been working on this project for about a year and ~eel that it will enhance the marketability of the center as a destination spot in 5outhern California. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 22, 2000 Mayor Brinley asked those persons in opposition to this project to speak. Hearing no one, the public hearing was closed at 735 p.m. City Clerk Kasad reported no written correspondence on this matter. Councilman Schiffner indicated that all of the details had been worked out with staff and it seemed to be generally desirable for the improvement of the Center. He commented that he was happy to approve the changes. Councilman Metze noted that he originally requested that this item be delayed, and thanked Castle and Cooke, and their management team for their cooperation. He indicated that he met with them because he wanted to have a comfort level that they would be putting more into the Center, than in the past; and he now had more of a comfort level that this would occur. He expressed belief that the new owners and team would do a fantastic job. He addressed Condition # 13 and indicated that they might not always be the owner or the management team and questioned if it would be appropriate to leave the sign matter up to staff. He indicated that he wanted the wording in the agreement to allot time to the City that would meet or beat the time received on the existing 76 sign; expressing concern that the City would hear complaints if this was not the case. Community Development Director Brady indicated that a copy of the existing agreement had been sent to the applicant for review. Councilman Metze indicated that he was satisfied with the time granted on the e~sting sign and would like to see at least the same amount of time on this sign, as it would be of more use to the City. Community Development Director Brady suggested that the Condition could be amended. Councilman Metze inquired how much time is allotted on the existing sign. City Manager Watenpaugh indicated that the City is allotted 25% of the time per hour. Councilman Metze suggested verbiage that this sign meet ar exceed thatlevel. Mr. DeBranch indicated that the 25% would be an issue; noting that with nearly 100 stores it could seriously impact the existing tenants at the Center. Councilman Metze and 1VIr. DeBranch extensively discussed the 25% issue. Councilman Metze indicated that it was hard to believe that 25% is a make or break situation; and suggested that the community deserves that time. Mr. DeBranch indicated that he could not say how the time would be allotted at this time, as he is not the marketing expert and the negotiations with the future operator have not been completed. Councilman Nletze expressed concern for this issue, noting that tax dollars subsidize the center. Mayor Pro Tem Pape questioned how the time would be divided. Mr. DeBranch indicated that those decisions have not been reached; but suggested that they would entertain the use of the sign by the City to promote community events. Mayor Brinley concurred with Councilman Metze, but concurred that the 76 Station was a different scenario. She stressed the importance of finding a fair way to allocate the time; and suggested further negotiations with staff. Councilman Metze questioned the direction to be given to staff on this issue and complimented staff on the revised conditions of approval. He indicated that he would prefer that format for all future staff reports, as it makes it easier to get through the materiaL PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 22, 2000 Councilwoman Kelley thanked City staff and the Planning Commission for the great job they did on this project. She noted that Mr. Hilstrom who lived nearby was accommodated by the Planning Commission to address his concerns. She indicated that she had the opportunity to meet with Castle and Cooke and had no problem with the expansion or the sign. She expressed understanding of the difficulty in representing 100 stores; and indicated that she did not see this as a reason to hold up the project if staff feels they can come to a reasonable resolution. She suggested having staff bring the agreement back for further consideration. Mayor Pro Tem Pape commented that it was obvious that the extra parking spaces would be a benefit, particularly during the Christmas holiday traffic. He noted that he had questioned regarding the block wall, but they had been clarified by staff. He indicated that with regard to the time allotted on the sign, he had no strong feeling either way, but if it was possible to promote some activities within the City, it would be a benefit. Mayor Brinley indicated that her only comments were with regard to the color of the sign. She addressed the tree in the rendering and questioned the size to be planted. Mr. DeBranch indicated that they were planning on planting 48" box Sycamore trees. She indicated that this will be a new and exciting time for the Outlet Center and noted their contributions in sales tax dollars. She noted that the total sales tax dollars for the City were up over 14.2% over the last quarter; and noted that much of this was due to the Outlet Center. She indicated that she would like to see the sign issue resolved as soon as possible, but it might be possible to let staff resolve the issues and bring the agreement back for consideration. Councilman Metze indicated that he would hate to see this sign have to come back to Council, but he would like the issues resolved prior to the sign being turned on. He stressed that the Outlet Center has been a going concern for many years and was doing great until it changed ownership several times. He indicated that he had been given a comfort level, but there were no guarantees that this company would be here to proceed with the proposed work. He stressed that the City is still subsidizing the center and that the sign would not be a make or break issues. Mayor Brinley clarified the efforts to have the sign include all of the stores. She suggested that the Council make a motion to include sending this condition back to staff to find a workable process and return to the Council. Councilman Metze indicated that he was not opposed to the sign. Mayor Pro Tem Pape suggested a subcommittee of two Councilmembers to address it and if agreement can not be reached then the final agreement would go back to the CounciL Mayor Brinley suggested that Councilmembers Metze and Schiffner address this condition with Community Development Director Brady. NiOVED BY ME'd'ZE, SECONDED BY BRINLEY AND CARRIED BY iJNANINYOUS VOTE TO APPROVE CERTIFIED NEGATIVE DECLARATION NO. 00-02 BY ADOPTING RESOLUTION NO. 2000-39; AND APPROVE ZONE CHANGE NO. 00-02 BY ADOPTING ORDINANCE N0.1066 UPON FIRST READING BY TITLE ONLY: PAGE SIX - CITY COiTNCIL MINUTES - AUGUST 22, 2000 RESOLUTION NO. 2000-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING NEGATIVE DECLARATION NO. 00-02. ORDINANCE N0.1066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOI2NIA, APPROVING ZONE CHANGE NO. 00-02 TO CHANGE THE ZONING DESIGNATION OF APN 389- 022-001, FROM M-1 (LIMITED MANUFACTURING DISTRICI~ TO "LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY METZE, SECONDED BY BRINLEY TO APPROVE LAKE ELSINORE SPECIFIC PLAN AMENDMENT NO. 3 BY ADOPTING ORDINANCE N0.1067, WITH CONDITION #13 MODIFIED TO INCLUDE VERBIAGE THAT COUNCILMEMBERS METZE AND SCHIFFNER WILL WORK WITH CITY STAFF TO COME UP WITH AN APPROPRIATE ALLOTTMENT OF TIME; AND APPROVED MINOR DESIGN REVIEW NO. 00-02 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL LISTED BELOW: ORDINANCE N0.1067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFONRIA, APPROVING AMENDMENT NO. 3 TO THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN, ~'O ~XPANID TI~E OVEI~ALL SPECIFIC PLAN AREA BY 3.5 ACRES TO PROVIDE ADI)ITIONAL PARKING AND AMEND THE SIGI~TAGE GiJIDELINE3S AND STANDARDS CONTAINED IN THE SPECIFIC PLAN. iJPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS : KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 NOESe COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE FINDINGS - NEGATIVE DECLARATION NO. 00-02 1. Negative Declaration No. 00-02 has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and are complete and adequate in their evaluation of all environmental effects of the Lake Elsinore Outlet Center Specific Plan Amendment No. 3 and associated discretionary approvals. The Lake Elsinore Specific Plan Amendment No. 3 and associated discretionary approvals will not result in any significant and unavoidable impacts. 2. The proposed applications will not ha~e impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed applications do not have the potential to adversely affect humans, either directly or indirectly. FINDINGS - ZONE CHANGE NO. 00-02 1. Zone Change No. 00-02 will not be: a) detrimental to the health, safety, comfort ar general welfare of persons residing or warking within the neighborhood of the proposed Zone Change area ar within the City, or b) injurious to property or improvements in the neighborhood or within the City. 2. Zone Change No. 00-02 ~vill be consistent with the Goals, Objectives, and Policies of Yhe General I'Yan and standards established in the Municipal Code. 3. Zone Change No. 00-02 will not have a significant effect on the environment. FINDINGS - LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN AMENDMENT NO. 3 1. Specific Plan Amendment No. 3 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Sec~ion 65450 eY sea. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Specific Plan Amendment No. 3 shall be implemented consistently with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. 3. Those issues, standards, guidelines, etc. not addressed in Specific Plan Amendment No. 3 will revert to the 1990 Lake Elsinore Outlet Center Specific PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 22, 2000 Plan, 1993 Specific Plan Amendment No. 1, 1994 Specific Plan Amendment No. 2, and/or City Municipal Code in effect at the time future development is proposed. 4. Development standards and regulations contained in Specific Plan Amendment No. 3 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No. 3 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. 5. Specific Plan Amendment No. 3 allows future development to be well- integrated with its surroundings. 6. Specific Plan Amendment No. 3 will be adequately serviced by existing and/or future public facilities and services. 7. Overall design of Specific Plan Amendment No. 3 will produce attractive, efficient and stable development. 8. Specific Plan Amendment No. 3 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. FINDINGS - MINOR DESIGN REVIEW NO. 00-02 1. Subject to the attached Conditions of Approval, Minor Design Review No. 00- 02 is not anticipated to result in any significant adverse environmental impacts. 2. Minor Design Review No. 00-02 complies with the Goals, Objectives and policies of the General Plan, and the Lake Elsinore Outlet Center Specific Plan in which it is located. 3. Minor Design 1Zeview No. 00-02 allows the proposed Freeway Electric Message Sign to be well-integrated with its surroundings. 4. Minor Design Review No. 00-02 will allow the proposed Freeway Electric Message Sign to be attractive and stable. 5. Minor Design Review No. 00-02 will not be detrimental to the public's health, safety, or general welfare. CONDI'I'IONS OF APPROVAL Planning Division Conditions Within 30 Davs After City Council Approval 1. Draft Lake Elsinore Outlet Center Specific Plan Amendment No. 3 shall be PAGE NINE - CITY COUNCIL MINUTES - AUGUST 22, 2000 revised to incorporate any corrections and/or changes required by the Planning Commission and/or City Council. Five copies of the Final Lake Elsinore Outlet Center Specific Plan Amendment No. 3 document shall be submitted in three-ringed binders for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the Lake Elsinore Outlet Center Specific Plan Amendment No. 3 document and any required revisions are administratively approved by the Community Development Director or designee. Throughout Project Implenzentation 2. Those issues, standards, guidelines, etc. not addressed in the Lake Elsinore Outlet Center Specific Plan, as amended by Specific Plan Amendment Nos. 1, 2, and 3, will revert to the City Municipal Code in effect at the time future development is proposed. 3. Those conditions of approvals established with the Lake Elsinore Outlet Center Specific Plan and Specific Plan Amendment Nos. 1, 2, and 3 shall continue to be implemented. 4. The applicant shall continue to implement those mitigation measures identified in the Mitigation Monitoring Program adopted with the Lake Elsinore Outlet Center Specific Plan and Specific Plan Amendment Na 1 Mitigated Negative Declaration. 5. Parking lot sweeping shall not be allowed prior to 7:00 AM within areas closer than 750 feet of a residential use. Prior to Issuance of Grading Permit 6. The applicant shall prepare a photometric study for those light standards located in the proposed 3.5-acre expansion area parking lot. Said study shall ensure that parking lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee. 7. The applicant shall pay appropriate Stephen's kangaroo rat fees to the City at an amount of $500 per acre. 8. The applicant shall acquire all necessary approvals and clearances from the U.S. Army Corps of Engineers and California Department of Fish and Game as appropriate. Prior to Issuance of Building Permit 9. 'The applicant shall obtain all necessary Caltrans clearances and approvals, prior Yo construction of the proposed Freeway Electric Message Sign. lO.The applicant shall acquire building permits for the proposed Entrance Monument Signs, Freeway Electric Message Sign, Internal Site Identification PAGE TEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 Monument Sign, Internal Courtyard Tenant Signs, and Exterior Tenant Signs. 11.The final landscaping/irrigation plan is to be 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 Fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. • All planting areas shall have permanent and automatic sprinkler system with 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. • Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of 40 feet apart and at least 24-inch box in size. • All planting areas shall be separated from paved areas with a 6-inch high and 6-inch wide concrete curb. • Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. • Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50 percent parking lot shading in 15 years. • Any transformers and mechanical ar electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. • 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. • All landscape improvements shall be bonded 100 percent 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. • 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. • Final landscape plan must be consistent with approved site plan. • Final landscape plan must include planting and inigation details. Prlor to Issuance of Certificate of OccupancX 12.The applicant shall provide all project-related onsite and offsite improvements PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 as described in the Lake Elsinore Specific Plan Amendment No. 3 document. 13.The City and applicant shall enter into an agreement which allows the City to advertise City-sponsored events on the Freeway Electric Message Sign. The agreement shall be reviewed and approved by two representatives of the City Council prior to final permit inspection. 14.A11 parking spaces shall be double-striped. 15.The applicant shall coordinate with neighboring residence to the southeast to ensure a six-foot masonry wall is provided to separate the expansion parking area from said residence. The applicant shall provide the six-foot masonry wall if an agreement with the neighboring residence can not be reached. 16.The applicant shall install signs within the proposed 3.5-acre expansion parking area which prohibit delivery trucks from blowing their horns during night-time hours. Store tenants shall also notify their delivery truck drivers that horns shall not be blown during night-time hours. Prior to Issuance of Slgn Permit 17.The applicant shall acquire sign permits for the proposed Entrance Monument Signs, Freeway Electric Message Sign, Internal Site Identification Monument Sign, Internal Courtyard Tenant Signs, Exterior Tenant Signs, and Directories and Path Finder Signs. Prior to Issuance of Temporarv Sign Permit 18.The applicant shall acquire temporary sign permits for the proposed Interim Tenant Signs and any banner and/or flag. Engineerang D°avision Conditions Prior to Issuance of Grading Permit 19.If grading exceeds 50 cubic yards or the existing flow pattern is substantially modified, grading plans shall be prepared by a California Registered Civil Engineer and approved prior to grading permit issuance. Said grading plans shall also indicate how the proposed 3.5-acre expansion parking area will be raised to accommodate entry off of Collier Avenue. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 20.The applicant shall prepare a street improvement plan that requires Community Development Director and City Engineer approval and which addresses the following: • Relocates the street entry to the proposed 3.5-acre expansion parking area along Collier Avenue approximately 130 feet to the north, away from existing residence to the southeast. PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 22, 2000 • Redesign parking spaces and aisles to accommodate relocated street entry. • Describe new median break along Collier Avenue that is required to accommodate new full-access entry for the proposed expansion parking area. • A proposed street monument sign identifying the Outlet Center shall be installed at the relocated street entry along Collier Avenue. 21.The applicant shall accept and convey offsite drainage flows subject to approval by the City Engineer. As part of grading plans, the applicant shall indicate how the existing "V" drainage channel which fronts the 3.5-acre expansion parking area along Collier Avenue and neighboring southeastern parcel will be undergrounded. Prior to Issuance of Building Permit 22.A11 City Public Works requirements shall be complied with as a condition of development as specified in the City Municipal Code. 23.The Collier Avenue Street Improvement Plan must be modified to accommodate the full entry entrance being proposed for the expansion area parking lot. Said modification shall be approved by the City Engineer. An encroachment permit must be issued prior to any construction. Prior to Issuance of Certificate of OccupancX 24.The applicant shall pay all fees and meet requirements of the encroachment permit issued by the City Engineering Division that is required for construction of offsite public works improvements (LEMC 12.08, Resolution 83-78). GENERAL CONDITIONS 25.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 attack, set aside, void, or annul an approval of the City, its advisory agencies, appeals boards, or legislative body concerning the Lake Elsinore Outlet Center Specific Plan; Specific Plan Amendment Nos. l, 2, and 3; Zone Change No. 00-02; Minor Design Review No. 00-02; and Negative Declaration No. 00-02, 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 in the defense. If the City fails to promptly notify the applicant of any such claim, action, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 22. Vesting Tentative Tract Man No 23848-9 10 and 11 Amendment No. 1 Cottonwood Hills Specific Plan. Community Development Director Brady noted that this development will be called Canyon Hills. He detailed the past approvals and explained that this action will reconfigure 77 acres of the tract map, including the street layout and the number of lots in the area. He advised that there would be a total of 252 single-family lots; and provided an overview of the location of this tract. He advised that only one condition would be amended in this map, being Condition #74, with regard to when the traffic signal would be installed. He explained that it was originally to be activated with the 50`t' home, however the Planning Commission changed it to the 100"' home. He indicated that the Planning Commission reviewed this proposal and recommended approval. Mayor Pro Tem Pape questioned the traffic signal issue further, and inquired if it would be operational with the 100`~' home. Community Development Director Brady confirmed that it must be operational by the 100~' home. Mayor Brinley opened the public hearing at 7:55 p.m. asking those persons in favor of this proj ect to speak. The following person spoke: Jim Mullins, representing Pardee Construction, explained that this was an amendment to the Tentative Tract Map,approved several years ago; and noted that it includes some of the nicest property in the specific plan area, so they want to be sure it is done right. He explained that the design separates the unit into two distinct lot sizes, and includes other qualitative improvements with intersections, view lots and the total volume of grading. ~Ie suggested that it was a substantial improvement over the old design. Mayor Brinley asked those persons in opposition to the project to speak. Hearing no one, the public hearing was closed at 8:00 p.m. City Clerk Kasad reported no written correspondence on this matter. Mayor Pro Tem Pape questioned the view lots and larger lots, and the related topography. Mr. Mullins pointed out the areas of the highest ground for development with rather dramatic slopes. He indicated that there was a tremendous opportunity for views of the valley and toward Menifee. He also noted the open space which will be beyond the creek, and showed specific areas above a large slope which would look out over the valley. Mayor Pro Tem Pape questioned the size of the homes. Mr. Mullins indicated that they were still considering the sites, but they will allow for some good sized homes. Councilwoman Kelley noted that she had questions earlier this afternoon regarding the tot lot and the open space area; however those concerns were answered. She noted that she had only seen the tot lot and questioned the additional open space; so staff clarified the location of other open space. She indicated that she appreciates the fact that this project has been PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 downsized and avoids four way stops. Councilman Metze indicated that this project includes some definite improvements, like the cul-de-sac and open space areas; and it should be a beautiful project. He addressed page 11 of 39 and noted it would reflect 100 instead or 50; and reiterated that he likes to see the changes presented as they are in this item. Councilman Schiffner indicated that this was an approval of a change, which seemed better, reduced density, elimination of four way stops; and overall it was a big improvement. Mayor Brinley addressed the signage program and noted that there used to be a condition that advertising was to include a reference to the City of Lake Elsinorer Community Development Director Brady requested clarification of this condition. Mayor Brinley clarified that the intent was to require that the signs include the City of Lake Elsinore. Mr. Brady indicated that he would need to review the requirement. Councilman Schiffner questioned the use of promotional signs during sales. Mr. Brady indicated that those issues could be addressed in the Design Review process. Mayor Brinley questioned the fire station requirement. City Manager Watenpaugh noted that per the Development Agreement and Disposition and Development Agreement, they are conditioned to pay developer agreement fees. Mr. Watenpaugh indicated that he would need to review the requirements, but they are conditioned to meet the requirements of the fire department. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE VESTING TENTATIVE TRACT MAP NO. 23848-9,10, AND 11, AMENDMENT NO. 1 BASED ON THE FOLLOWING FINDINGS, EXHIBITS'A' THROUGH'E', AND SUBJECT TO THE FOLLOWING CONDITION5 OF APPROVAL: FYNDINGS 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan. The proposed subdivision is coxnpatible 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 and balanced. 3. The design of the subdivision provides to the greatest e~ent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 Planning Division Conditions 1. Vesting Tentative Tract Map No. 23848-9, 10, & 11, Amendment No. 1 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. Vesting Tentative Tract Map No. 23848-9, 10, & 11, Amendment No. 1 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. Vesting Tentative Tract Map No. 23848-9, 10, & 11, Amendment No. 1 shall be subject to all other applicable Conditions of Approval of VTTM No. 23848. 4. 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 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 Vesting Tentative Tract Map No. 23848-9, 10, & 11, Amendment No. 1, which action is bought within the time period provided for in California Government " Code Sections 65009 and/or 6649937, 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, ar hold harmless the City. So A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 6. The City's Noise Ordinance shall be met during all site preparation activity. 7. Street names within the subdivision shall be approved by the Community Development Director or Designee prior to final map approval. 8. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer; a) Bonding shall be done by phases and not by final maps(s) on grading; b)Bonding shall be done by final map(s) for all other improvements. 9. Pay all applicable fees including park fees as stated in the development agreement prior to issuance of building permits. lO.Prior to final map approval of Vesting Tentative Tract Map No. 23848-9, 10, & 11, Amendment No. 1, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 agreement for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. 11.Prior to Final Tract Map approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and recorded. 12.A11 of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 13.Applicant shall comply with all conditions of the Riverside County Fire Department. 14.Applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 15.The applicant shall provide fire buffer zones around the west, north, and south portions of the tract boundary and landscape for fire retardant and erosion control prior to issuance of the first Certificate of Occupancy. Pursuant to Section 6.2 of the Cottonwood Hills Specific Plan requiring a Fire Management Plan. 16.The applicant shall submit a Landscape & Irrigation Plan for the entire Phase 1 area prior to recordation of the Final Map. 17.The applicant shall submit a Community Lighting and OS Maintenance District plan prior to obtain the first building permit for Phase 1. 18.The applicant shall meet all minimum lot frontage requirements per the Cottonwood Hills Specific Plan. A revised map shall be submitted prior to City Council Hearing showing compliance with these minimum frontage requirements. 19.The applicant shall submit a Cottonwood Hills Signage Program prior to recordation of the Final Map. 20.The applicant shall provide data per Section 9.3e, Residential Monitoring Program, of the Cottonwood Hills Specific Plan prior to recordation of the Final Map. 21.The applicant shall comply with the Mitigating Monitoring Program setforth in the certified Environmental Impact Report. 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. PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 23.The developer 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.A11 trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 28.A Homeowners Association shall be established prior to Final Map approval. It shall manage and impose fees to maintain all slopes or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the Homeowners Association. 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 si~y 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. 30.A11 future structural development associated with this map requires separate Design Review approval. 31.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. 32.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. PE1GE EIGH1'EE1V - CI'd'Y COUNCIL MINUTES - AUGiJ5'T 22, 2000 Engineering Division Conditions 33.A11 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. 34.Tentative tract 23848-9, 10, & 11 Amendment # 1 shall be subject to all applicable conditions of approval of tentative tract 23848 (Cottonwood Hills Development). 35.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 36.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. 37.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). 38.Street improvement plans and specifications shall be prepared by 'a Calif. 1Zegistered 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). 39.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 40.Desirable grade for local streets is 9%. The maximum grade of 15% should only be used because of design constraints. 41.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). 42.A11 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. 43.Applicant sha11 obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 44.I'rovide fire protection facilities as required in writing by Riverside County Fire. 45.Provide street lighting and show lighting improvements as part of street PAGE 1VINETEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 improvement plans as required by the City Engineer. 46.Developer shall install blue reflective pavement markers in the street at all fire hydrantlocations. 47.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. 48.A11 improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 49.A11 utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. SO.If grading exceeds 50 cubic yards, 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. S1.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 52.A11 grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 53.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance ar conveyed to a drainage easement. 54.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". SS.AII natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 56.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 57.A11 drainage facilities in this tract shall be conshucted to Riverside County Flood Control District Standards. PAGE TWENTY - CITY COUNCIL MINUTES - AUGUST 22, 2000 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. 59.10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 60.Roof and yard drains will not be allowed to outlet through cuts in the street curb. 61.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 62.Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. : 63.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention 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 landscaping, the application of herbicides, pesticides and fertilizers. 64.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 65.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 66.Cottonwood Iiills Rd. from Railroad Canyon Rd. to Lost Rd. and Lost Road south of Cottonwood Hills Rd. shall be improved as each phase is constructed as specified in the letter of March 30, 1999 from Project Design Consultants. 67.Loca1 streets shall have a minimum of a si~y (60) ft. right-of -way with forty- (40) ft. curb-to-curb. Restricted local streets (cul-de-sacs) shall have a minimum of a fifty-six(56) ft. right-of-way with thirty-six (36) ft. curb-to-curb. 68.Developer shall anstall two benchmarks in accordance with Riverside County Standards and at a location to be determined by the City Engineer. 69.No residentialloY shall front and access shall be restricted on Lost Road and so noted on the final map. 70.'I'lie applicant shall record CC & R's for the project prohibiting on-street PAGE TWENTY-ONE - CITY COUNCIL MINUTES - AUGUST 22, 2000 storage of boats, motor homes, trailers and trucks over one (1) ton capacity. The CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for future units. 71.The residential lots adjacent to large open space lots shall be have an area in the open space lot designated as a fuel modification zone for a firebreak to be maintained by a homeowner's association. 72.The developer shall comply with a Cultural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists where required by the EIR; In the event significant historic material is discovered, it shall be removed before grading occurs. 73.A11 waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing ox other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weighmaster tickets. 74.Applicant shall install a stop sign at the intersection of Lost Road & Cedarhill Lane when the elementary school opens. The Developer shall install a traffic signal at the intersection of Lost Road & Cedarhill Lane and the traffic signal shall be operational at the occupancy of the 50~'' unit. 23. Zonin~ Code Amendment (ZCA1 No. 00-01, Amendment to Sections 17.94.090 and 17.94150 of the Lake Elsinore Municipal Code. Ordinance No. 1068. Community Development Director Brady explained the proposed amendment to a very specific portion of the City's sign regulations. He advised that the temporary sign regulations were reviewed by the Planning Commission and staff with regard to modifications dealing with temporary types of signs, particularly balloons. He detailed the proposed changes on weekends and holidays, and noted that pennants and flags were also addressed. He indicated that banners have been allowed up to four times per year with a permit, and noted that the Commission wanted to make them consistent. He explained that there would be an allowance for thirty - PAGE TWENTY-TWO - CITY COUNCIL MINUTES - AUGUST 22, 2000 consecutive days. He noted the safety concerns which would relate to window coverage. He identified corrections on page two of the staff report under Item D, #1, relating to pennants or flags; to read at least 30 days; and noted that the same wording would apply in Section 4 under "at least 30 days". He further identified a change in Item E, noting that "steel" should be changed to "metal". Mayor Brinley opened the public hearing at 8:10 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 8:11 p.m. City Clerk Kasad reported no written correspondence on this matter. Councilwoman Kelley noted that this Ordinance was discussed extensively at the Study Session, and reiterated that it would be a temporary regulation. She noted that it was suggested that a joint study session be held with the Planning Commission; and indicated that under those circumstances, she had no problem with a temporary ordinance and a Joint Study Session. She noted that she had questions with regard to the sign coverage of window areas and suggested monitoring this issue further. Councilman Schiffner clarified for those listening that this would be a temporary action to address obvious problems; but stressed that there was the intent to have a complete study of this Ordinance and encouraged anyone interested to come in and make their comments known on a speak now or forever hold your peace basis. He indicated that once the Ordinance is in place, it will probably take some heavy action toward enforcement. He commented that it was inappropriate to have heavy window coverage which limits the police department. He expressed hopes that everyone would get involved to develop an Ordinance which is acceptable to all; followed by a sweep to enforce the new Ordinance. Councilman 1Vletze noted the staff report and complimented the Planning Commission on their consideration of this item. He expressed curiosity as to whether a major signage study session would be held. City Manager Watenpaugh indicated that was the reason for the temporary Ordinance, which would allow for a little more business friendly stance on inflatable signage. He explained that it would take a few months to revise the entire sign Ordinance, but this will allow the process to move forward. Mayor Brinley noted the Code Enforcement problems in responding to out of conformance signs and suggested a stronger Ordinance; but also noted the importance of making the requirements more efficient, versatile and flexible. Councilman Metze questioned the problems with the rest of the Sign Oxdinance, City Manager Watenpaugh advised that there was a need to revise and clean up the entire Ordinance, and noted that staff had no flexibility to allow some things in any manner. He indicated that it would also allow for a more immediate response to situations. Councilman Metze PAGE TWENTY-THREE - CITY COUNCIL MINUTES - AUGUST 22, 2000 reiterated that the Planning Commission did a great job on this Ordinance. Councilman Schiffner stressed that this Ordinance was temporary, because another change is contemplated. Mayor Pro Tem Pape inquired with regard to item C regarding a"flashing sign" and as to why it was included: Community Development Director Brady indicated that it was a potential safety issue with regard to traffic, but would still allow signs like the message sign approved for the Outlet Center. Mayor Pro Tem Pape suggested a more e~ensive definition of "flashing signage". Mr. Brady clarified that this type of signage would have to be specifically allowed. Mayor Pro Tem Pape questioned page 2, item 2 regarding whether verbiage was required which would not allow banners to substitute for permanent signs. He also noted that this ordinance would make the time limitations more restrictive. Community Development Director Brady indicated that the current ordinance allows a 30 day period with a permit each time. He noted that there was also some concern for the aesthetics of the colors, signs, etc., so the Commission wanted to make a consistency between the time for balloons and banner signs. Mayor Pro Tem Pape addressed page tl~ree, item E and questioned the need for a permit for sandwich type signs and questioned the cost. Mr. Brady indicated that he was not certain of the cost, but believed it to be about $50, once a year. Mayor Brinley noted that several businessmen have had problems with Code Enforcement on their balloons and noted their usefulness for marketing. She noted that it was felt that it was time to go back and review the Sign Ordinance, as it has been 6 or 7 years since it was last reviewed in its entirety. Councilman Metze suggested that it was more important to give Code Enforcement a better legal process to clear up the matters more expeditiously; noting that some take over a year to resolve. Mayor Brinley inquired if the ordinance would include the Downtown Overlay District. Community Development Director Brady indicated that the existing sign regulations are City-wide, but specific plans and overlay districts can carry additional sign regulations. He clarified the application of additional regulations for signage in those areas. Mayor Brinley suggested looking at a study session in the 2nd or 3'd week in October to give staff enough time to prepare appropriate verbiage. City Attorney Leibold clarified that staff would anticipate that the administrative citation procedure would be a separate section of the Code, not specifically related to the sign code. City Manager Watenpaugh inquired if the Council would prefer to have the Ordinance revised before the major study session. Mayor Brinley suggested having a set of ideas together for consideration and a basis from which to start. She indicated that she would like to see staff notify the business community of the study session and invite their participation. Councilman Schiffner suggested a rough draft of the proposed changes. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE N0.1068 UPON FIRST READING BY TITLE ONLY, AS AMENllED BY COMMUNITY DEVELOPMENT DIRECTOR BRADY. PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - AUGUST 22, 2000 ORDINANCE NO. 1068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING EXISTING CHAPTER 17.94.090 AND 17.94.150 OF THE LAKE ELSINORE MUIVICIPAL CODE IN ITS ENTIItETY AND ADDING A NEW CHAPTER. UPON THE FOLLOWING ROLL CALL VOTE: AYE5: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Blast from the Past. City Manager Watenpaugh highlighted the staff report on this item and explained the past procedures for waiver of fees on events such as this. He explained that this was a request for co-sponsorship of an even to benefit Cops for Kids. He clarified that the waiver of fees would be for everything except staff costs and cleaning fees. He detailed the overall costs and the costs to be waived, being $1,750 total cost, waiver of $1,150, and a balance of $650 to be paid by the event organizers and sponsors. Mayor Brinley detailed some of the sponsors who had agreed to participate and announced that the event would be held on October 28`~' at the Lake Community Center. Mayor Brinley commented on the success of the past events and explained that this would be a fun event with the decor and dress of the 1950's. She announced that the price would be $25 per person and the event would run from 8 p.m .to 1 a.m. She advised that light finger foods would be served. She indicated that they have received a great response from the business community for assistance and sponsorship and detailed some of the participants. She requested community and Council support for the event. City Manager Watenpaugh noted that the staff report requests Council approval for the sale of alcohol and a partial street closure for the display of muscle cars. Councilwoman Kelley indicated that she had no problem with this event and was pleased to see this type of events in the community. Councilman Metze commented that the hard costs were being covered, so PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - AUGUST 22, 2000 they were only requesting a waiver of building use. He indicated that this was similar to past actions and said he saw no problem with approving it. Councilman Schiffner inquired if the hard costs were still paid by the other sponsors of the event. City Manager Watenpaugh confirmed. Councilman Schiffner inquired if the City would also be sharing in the costs. Mr. Watenpaugh indicated that the City would sponsor through waiver of fees, with no payment of cash. Mayor Pro Tem Pape indicated that he was in support of the event. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE COSPONSORSHIP OF THE "BLAST FROM THE PAST" EVENT SCHEDULED FOR OCTOBER 28, 2000 AND WAIVE ALL FACILITY RENTAL FEES AND DAMAGE DEPOSITS; APPROVE THE SALE OF ALCOHOL AT THE EVENT AND APPROVE THE STREET CLOSURE OF GRAHAM AVENEU FROM SPRING STREET TO LANGSTAFF STREET AS ADDITIONAL PARKING FOR THE EVENT. ITEM PULLED FROM THE CONSENT CALENDAR Minutes b. Regular City Council Meeting - August 8, 2000. Councilman Schiffner requested a correction of Pages 5 and 11 in reference to the Animal Control Contract, noting that the funded amount should be $85,000, rather than the $80,000 listed in the minutes. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES AS CORRECTED. THE CITY COUNCIL MEETING WAS RECESSED AT 8:34 P.M. 'TH~ CI'PY COUNCIL MEETING RECONVENED AT 8:40 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Mike Curran, 10462 Russell Ave., Garden Grove, indicated that he owns Integrity Enterprises, which came to Lake Elsinore in November of 1998 and bought 12 of 20 duplexes on Joy Street. He indicated that they have tried to significantly upgrade those units and turn them from rentals into low cost housing. He noted that he had received tremendous support from the Police Department; however recently received five registered mail citations for his properties, which indicated that they were Final Notices of Violation. He indicated that upon receipt of the citations he had to make three trips between City Hall and the Police Department to address his concerns. He noted that he had problems with trash removal after some of the residents moved, but a Lake Elsinore gardener is paid to care for the PAGE TWENTY-SIX - CITY COUNCIL MINUTES - AUGUST 22, 2000 properties, so the violation of overgrown weeds was not accurate. He stressed that they were trying to be good citizens of the community. Mayor Brinley referred Mr. Curran to Police Chief Walsh and the City Manager. Ted Garcia, 29042 Stoneridge Terrace, requested a crosswalk on Stoneridge Terrace at Mountain Street. He noted an accident on August 10`~` when a small girl was hurt, and stressed that the school bus stops there and there are no signs requiring that the motorists slow down. He expressed concern for the children of the neighborhood. Councilman Metze indicated that staff would follow-up on this request. Debbie Crawford, 15135 Knollwood Street, President of Elsinore Valley Arts Network, encouraged attendance at the Music with a View concert series. She indicated that the first two concerts had great attendance with 500 and 700 people; and everyone had a fabulous time. She detailed the upcoming concerts, and noted that there would be no concert on the Labor Day weekend. She stressed that the concerts are free and detailed the time and location of the concerts. Leroy Tucker, 3532 Cherry Blossom Lane, noted that the Council approved having a consultant look at the campground for operations; and expressed hopes that more than one company was lined up to review it. He suggested that 75 years was too long for a lease and indicated that 15 years should be plenty. He also noted the meeting regarding the Riverside County Integrated Plan, and agreed it was time to think about human habitat, rather than wiping out City land, just because of a rat or a bird. He indicated that the water fowl and animals will find places to go, where they can obtain food and water. He addressed Councilwoman Kelley and noted that he was the first to come before the Council and talk about a skateboard park for the young people, but indicated that he was not sure they would be able to use the proposed facility. Ace Vallejos, 15231 Cobre, resident of Cleveland Ridge, addressed the districting initiative and indicated that he was interested as a resident that was wanted for annexation. He suggested that the Lake was unique and a natural division for the area, which makes districting important. He indicated that it was not necessary to be a City resident in order to circulate a petition and suggested interested parties call 678-4049 for petitions. Chris Hyland, 15191 Wavecrest addressed Councilman Metze and indicated that she was sick and tired of him trying to humiliate her. She thanked him for indicating that Lake Elsinore was a blighted City; and suggested that the City was being investigated by the State because it had not addressed the blighted areas. She indicated that the Council does not properly address its constituents, and stressed that she would get the petitions signed and get rid of the Council. She indicated that the residents of Cleveland Ridge don't want to be in the City, and questioned why they would, as she wouldn't if she lived in those areas. She reiterated that the residents of Lakeland Village could help get signatures for the petitions. She expressed concern that many people in the community are not registered to vote; but indicated that she was checking every signature and would get rid of the Council. She indicated that she had enough insults, and suggested PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 that the Council did not have the professional ability to decide how to handle the peaples° money. She indicated that she was not insulted by the Council's comments, as she knew who she was. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Congratulated the Girls Softball team, its coaches and sponsors on their successes. 2) Thanked Chuck Sacks for his efforts to market the community and the Lake. 3) Expressed sympathy for the family of the recent drowning victim in the Lake; and indicated that the City had made efforts to address the concerns. He expressed hopes for public assistance in encouraging safe use of the water, particularly with the upcoming Labor Day weekend. He stressed safe enjoyment of the Lake. CI'I'Y ATTORNEY COMMENTS City Attorney Leibold announced the Closed Sessions as listed on the agenda and noted that Item A would not be discussed at this meeting. She further noted the Special Meeting Notice and indicated that the Council would need to call that meeting to order separately for consideration of the three additional items. COMMITTEE REPORTS Ca-ifornia Joint Powers Insurance Authority - Councilwoman Kelley - No report. Crime Free 1VIult--Housing Project - Mayor Brinley - No report. Economic Development Corporation of Southwest Riverside County - Councilman Schiffner - No repc,rt. I.ake Elsinore and San Jacinko Watersheds Authority - Mayor Brinley - No report. I,ake Elsinore Chamber of ~',::ommerce Economic Development Committee - Councilman Metze announcE;rl that the EDC had extended an invitation to everyone to attend the 4`~' aru~ual appreciation luncheon on September 14~' from 1130 a.m. to 130 p.m. at ty_e Sizzler Restaurant. He indicated that the cost was $25 per person and RSVP°a should be inade to the Chamber office. He announced that the keynote speaker ~~ould be Sunli Aravelis from the UCR business marketing program. He ,~~ress~d that the EDC is a vital part of the economic development of the comrnunity; and encouraged attendance at the luncheon. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - AUGUST 22, 2000 Ndu-ti-Species Habitat Committee - Councilman Schiffner - No report. Riverside County Transportation Comm-ssion - Mayor Pro Tem Pape - No report. Riverside Transit Agency - Mayor Brinley indicated that on September 8~', the RTA would be offering a program at Withrow Elementary School to handprint a 40 foot bus and encouraged participation, noting that the bus would be traveling through the City from September 11"' through 15"'. Satisfy 2020 Committee - Councilwoman Kelley indicated that the Satisfy 2020 Committee was going to be scheduling a Study Session with the Council in the near future. She explained that the discussions had reached a point where it was necessary to bring information back to the Council, before it could.proceed further. Western Riverside Council of Governments - Mayor Brinley - No report. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Reminded the community of the Music with a View concert series. 2) Congratulated the Girls Softball Team on their success. 3) Announced that Coach Birt of Temescal Canyon High School was recognized as Coach of the Week on Monday night football; and indicated that it was exciting to see him honored as one of the best football team coaches in the area. Mayor Pro Tem Pape commented on the following 1) Congratulated Coach Birt and noted that he was present when the award was presented. He indicated that the team was very excited about this recognition and noted they were also recognized for the academic achievement of the players, whose average gpa's are 3.4. 2) Suggested the inclusion of discussion of Proposition 12 money for cities be included in an upcoming Study Session. He noted that the City should received a little over $180,000 and suggested that it would make sense to look at options and put together ideas for equipment in existing parks or the development of a tot lot or the skateboard park. He stressed that it was important to look at costs and prioritize projects. Councilman Schiffner commented on the following: 1) Responded to Mr. Tucker concerning the habitat; and agreed with his PAGE TWENTY-NINE - CITY COUNCIL MINUTES - AUGUST 22, 2000 comments, but clarified what he felt was a misunderstanding of the situation. He explained that there were two agencies in the County working on a plan to satisfy the Federal Government requirements for protection of endangered species. He stressed that efforts were being made to submit a program for their acceptance. He stressed that there was an interest in protecting some 164 species and noted the types of requirements which would be imposed. He noted that the City could ultimately choose not to participate in the plan. 2) Addressed Mr. Vallejos' comments with regard to his concerns with annexation of Cleveland Ridge. He indicated that he knew of no plan in the last four years to attempt to annex any part of that property; noting that he would be totally against annexing that territory. He stressed that it was absolutely not true that there was an annexation proposed, however individuals could approach the City for annexation. He indicated that there was no reason for the City to take on such a responsibility and stressed that there was no intention of pursuing an annexation. Councilman Metze commented on the following: , 1) Indicated that he hoped that people could differentiate when he was ' responding to a specific statement or an individual, rather than the entire citizenry. He noted that he was accused of talking to the constituents inappropriately and stressed that he was merely responding to an individual in reference to a specific comment. Mayor Brinley commented on the following: 1) Congratulated the Girls Softball Team, parents and coaches on a job well done. She noted her son's participation in organized sports and stressed the cost of participation and dedication required to support children in these activities. She expressedpride in having the girls represent the City of Lake Elsinore. 2) Addressed the Blast from the Past event and invited volunteers to help decorate for the event or help in the kitchen; noting that volunteers could contact her at City Hall or contact the Chamber of Commerce office. 3) Noted upcoming special events including the Classic Car Show on August 26"', the PRCA Rodeo on September 1- 3, the Open Air Market on September 3`d, the Flight Warld event on September 7- 10, and the Music with a View concert series on September 9~' and 16~'. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION PAGE THIRTY - CITY COUNCIL MINUTES - AUGUST 22, 2000 (Subdivision (a) of section 54956.9) California Bank & Trust v. City of Lake Elsinore et al (Riverside Co. Superior Court Case #344190) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) City of Lake Elsinore vs. All Persons Interested et al, Riverside Local Agency Formation Commission (CASE #RIC 311942) (Cleveland Ridge). THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED 5ESSION AT 9:17 P.M. FOR DISCUSSION OF ITEM B AS LISTED ABOVE. THE CITY COUNCIL MEETING RECONVENED AT 10:39 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIIVIOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:40 P.M. AT ST: ~~~ CKI KASAD, CMC, CITY CLERK CITY OF LAKE ELSINORE