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HomeMy WebLinkAbout10-24-2000 City Council MinutesMINUTES REGULAR CITY COUNCIL MINUTES CITY OF LAKE ELSINORE , 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 24, 2000 , ~~~~~~~:~:~~~~~~:~:~~~:~~~x:~~~:~~:~~x:~~:~~*:~~:~~x:~~~*~:~~~:~:~~x:~~~*~:~~~~:~:~*~* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Police Chief Walsh. INVOCATION The Invocation was provided by Pastor Alfred Macias, representing Elsinore First Assembly of God Church. , ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY METZE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, City Engineer O'Donnell, Information/Communications Manager Dennis, Recreation/Tourism Manager Edlebrock, City Treasurer Ferro and City Clerk Kasad. Mayor Brinley stated that she would be adding a presentation to Ms. Thelma Ball, and a presentation by Terra Cotta Middle School to the Agenda. She further announced that Business item No. 31 would be moved to Item No. 21b and change Item No. 32 to Item No. 31. City Attorney Leibold announced that Item No. 21b was properly noticed as a public hearing and noted that it was a clerical error that it was listed as a business item. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 24, 2000 PRESENTATIONS a. Presentation - Congressman Ken Calvert.(F:168.1)(X:56.1) Mayor Brinley called upon Ms. Linda Fisher to accept the City Tile Plaque on behalf of Congressman Calvert. Mayor Brinley presented the City Tile Plaque and extended her thanks on behalf of the Council and Community. She commented that Congressman Calvert was a great supporter and helped the City with Proposition 13, which was a proposition for a$15 million bond that will help the City to clean up the Lake and the Watershed area. She further commented that Congressman Calvert was instrumental in obtaining the City a$450,000 grant for the study of water issues and currently working on the acquisition of $1 million to assist the City in continuing Lake improvements. Ms. Fisher accepted the City Tile Plaque on behalf of Congressman Calvert and thanked the Mayor and City Council for this recognition, noting that the Congressman was called back to Washington for some final appropriations votes. b. Presentation - Thelma Ball.(F:56.1)(X:144.1) Mayor Brinley presented a City Tile Plaque to Ms. Thelma Ball recognizing her dedication, commitment and hard work at the Senior Center. Mayor Brinley invited Rosa Ponse to speak. Ms. Ponse stated that she has worked at the Senior Center for 10 years for the Senior Nutrition Program and commended Ms. Ball for all her hard work. Community Services Director Sapp presented Ms. Ball with a bouquet of roses and thanked Ms. Ball for her hard work and dedication. Ms. Ball thanked the Mayor, Council and Community Services Director Sapp for their recognition. She invited the public to involve themselves in the Senior Center and noted all the wonderful programs that are available and encouraged the Senior Citizens to utilize the programs. COiTNCILMAN METZE ARRIVED AT 7:15 P.M. c. Presentation - Terra Cotta Middle School. (F: 142.1) Students from Terra Cotta Middle School Show Choir presented a selection of patriotic songs. Mayor Brinley thanked the Choir for their presentation and commended their performance. PAGE THREE - CITY COiTNCIL MINUTES - OCTOBER 24, 2000 PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to that discussion: Item Nos. 3 and 4. CONSENT CALENDAR TTEMS MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. City Council5tudy Session - September 21, 2000. b. City Council Study Session - October 10, 2000. c. Regular City Council Meeting - October 10, 2000. (F:44.4) The following minutes were received and ordered filed: d. Planning Commission Meeting - October 4, 2000.(F:603) e. Design Review Commission Meeting - October 4, 2000.(F:60.4) 2. Ratified the Warrant List of October 16, 2000. (F:12.3) PUBLIC HEARING 21a. Summerhill (Canvon Creek~Specific Plan No. 85-1 Amendment No. 1, General Plan Amendment No 00-01 (Land Usel General Plan Amendment No 00-02 (Circulation) and Zone Chan~e 00-01 - Resolution Nos. 2000-46 and 2000-47: and Ordinance Nos. 1069 and 1070. ~F: i so.2~~x:s3.l~~x: i~a. i~ Community Development Director Brady noted that there are three actions before Council regarding this item; including an Amendment to Summerhill (Canyon Creek), Specific Plan Amendment, and a Zone Change. He presented an overview of the background of the proposed actions at the Planning Commission level and noted the location of the site. He explained that the Planning Commission considered the site next to the auto dealerships on Casino Drive as no longer being a contiguous part of the project. He further explained that it was proposed that the site be removed from the Specific Plan area; and that the General Plan designation be changed to General Commercial, as it was more appropriate for the location. He indicated that the second action considered by the Planning Commission was the Circulation Element which called for the construction of a roadway connection across the freeway to Summerhill; and the final consideration PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 24, 2000 was the Zone Change. He explained that on a 20 acre section the e~sting zoning was Multi-Family Residential, with the remaining eight acres being Commercial. He noted that the applicant had originally requested General Commercial, however the staff and residents had some concerns regarding General Commercial uses and the impact that they would have on a residential area. He noted the Public Meetings that were held to consider the 28 acres and the potential uses that would be acceptable. He explained that staff took the input from the community and the developer; and proposed that there be specific land use designations established specifically for the area. Community Development Director Brady indicated that this was a compromise solution, which was brought before the Planning Commission and now before Council. He noted that it does not necessarily please everyone, however he felt that the proposal before Council was a good compromise and would benefit all parties involved. He stated that Planning Commission recommended the elimination of a gasoline dispensing facility, hotels, car washes and public utility sub-stations. He indicated that the applicant had no problem with the public utility sub- stations or the hotels, however he would like to have allowances for a car wash facility and a gasoline-dispensing facility. He fi.trther indicated that staff recommended that if Council should choose to include a car wash that it would be by hand and no automated or mechanical car washes allowed; and there would be no repair facility allowed at a gasoline-dispensing facility. Community Development Director Brady stated that there were several other concerns, however they related to the Parcel Map, which is Item No. 21b of this agenda; and stated he would address them at that time. Mayor Brinley asked how many public meetings were held regarding this issue. Community Development Director Brady stated that there were two community meetings and two Planning Commission Meetings. Mayor Brinley opened the public hearing at 7:35 p.m. asking those persons interested in this item to speak. Hearing no requests to speak, the public hearing was closed at 7:36 p.m. City Clerk Kasad reported no written communications regarding this item. Councilman Schiffner stated that he felt that there had been careful studies done of the issues and ample opportunity for the public to address the concerns. He further stated that he was satisfied with the project other than a few small issues. He indicated that he would like to see the limited uses of a gasoline station that does not permit any repairs and a non-automated car wash. Councilman Metze complimented Community Development Director Brady and the Planning Commission for their hard work on this project. He noted the amount of controversy that surrounded the project when it was first PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 24, 2000 proposed and the effectiveness of the meetings to resolve the issues. He further noted the few people that wished to have multi-family on the site, and indicated that he felt that the current use would allow the City more control of the uses that will be applied to the area. He noted the potential for increased traffic circulation from Multi-family versus the proposed uses. He stated that he did not want to see a gas station or car wash in the area; and explained that even with a hand car wash there are blow dryers, and that is what makes all the noise. He stated that the project was located in a very nice area and the proposal included a gas station with alcohol. He indicated that gas stations no longer come forward unless they have a Mini Mart attached, which provide for the sale of alcohol. He asked if Council wished to haee a place that included the sale of alcohol creeping into the residential area. Councilman Metze indicated that the Circle Ks have become "hang- outs" and this could promote that type of thing in the proposed area. Community Development Directar Brady indicated that he had forgotten to mention that if the car wash and gasoline facility were to be added, there would have to be a Conditional Use Permit. He stated that it would have to go through an additional review process in order to be permitted and give the City greater discretion as to where they would be located and how they would be operated. Councilman Metze stated that a gas station would not come forward without an A.M./P.M. Mayor Brinley stated that it would be at the discretion of the City if it would be acceptable or not. Councilman Schiffner stated that he would still like to allow that type of use. Councilman Metze stated that he would prefer neighborhood type shops such as dry cleaners, furniture stores and apparel stores. He stated that he had a problem getting into more alcohol dispensing at Summerhill and Grape Street. Mayor Brinley indicated that she appreciated Councilman Metze's comments, however the one good thing the City did have was control through the Conditional Use Permit. She stated that at that time if there is an issue with the alcohol, then it could be address. She noted that she would like to keep the option open and have the opportunity to examine what is brought forth. She further noted that in that manner the public and City would have the opportunity to express their opinions. She indicated that gasoline stations do generate sales tax revenue for the City; and noted that some of the City's gas stations have generated over $200,000 to the City's budget. Mayor Brinley stated that with the City trying to maintain services and programs it is necessary to generate sales tax to facilitate services and programs. She indicated that she appreciated the different "Mom and Pop" stores, however they do not generate the tax revenue necessary to maintain services. She stated that it was necessary to have quality versus quantity and each project would have to be judged on its own merit. She further noted that Community Development Director Brady and the Planning Commission warked with the community to provide the option PAGE SIX - CITY COiTNCIL MINUTES - OCTOBER 24, 2000 to present the opportunity. She indicated that the developer would have to go through quite as lot of issues prior to a gas station being built considering the area that has been proposed. Councilman Metze stated that for the proposed site, he felt that sales tax should not be an issue; and indicated that he felt that Council was accused of that enough. City Manager Watenpaugh stated that Councilman Metze's points were well taken and indicated that during Agenda Review it was discussed that this issue is land use and zoning and when Council gets to the Tentative Tract Map, Council will address the more specific uses that would be allowed. Councilman Metze advised that he had expressed his concerns, however that does not mean that he will deny the project. He stated that the issue of a Mini Mart would not prevent him from voting in favor of the project, but he felt that Council should examine the issue of alcohol. He again complimented the Planning Commission for an outstanding job in addressing this project. Councilwoman Kelley congratulated the Planning Commission and staff for a job well done. She noted that they did respond to the citizens and worked with the applicant to compromise and find solutions that the developer, residents and City could be happy with. She noted that during Agenda Review it was discussed that the residents wanted a gas station on that side of Railroad Canyon to facilitate their needs. She asked Community Development Director Brady to address this. Community Development Director Brady stated that the items were pulled by the Planning Commission and not by request of the public. Councilwoman Kelley requested clarification that there were comments from the residents that they would "like a gas station on that side of Railroad Canyon Road. Community Development Director Brady confirmed. Councilwoman Kelley noted that any of the services listed would have to come back to the City far a Conditional Use Permit and at that point in time the City could examine the issues and make decisions. Community Development Director Brady stated that there are permitted uses and conditional uses, and the car wash and gas station would be conditional uses. Councilman Schiffner stated that they would also have to go through design review. Community Development Director Brady stated that any use in that area would have to come back for design review. He indicated that there would still be a design review process regardless of what type of use comes into the City. He indicated that depending upon the requested use it might require a Condition Use Permit, which would include an additional public hearing. Mayor Pro Tem Pape stated that there was a long list of uses that would be appropriate and he felt that most of the discussion was about items that PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000 would fall into the category which required a Conditional Use Permit. He commented that having a gas station and Mini Mart, if it were located in the right area such as lot 239 parcel4, would not have a great impact on the area and would provide a needed service. He stated that he did not have a problem with the hand car wash, however he did have concerns regarding Parcel 1 in the northwest of the project. He indicated that it was proposed to place self-storage on Parcel 1, however he felt that because that parcel had freeway visibility, it might be better suited for an office facility with a view of the Lake, Diamond and freeway accessibility. He further stated that he felt that there were better uses than self-storage for that particular parcel. Mayor Brinley stated that she felt that the developer could bring forth a gas station under a Conditional Use Permit; and noted that during the Agenda Review meeting, the developer explained the obstacles that would have to be overcome to develop a gas station because of the other agencies he would have to satisfy. She indicated that it was strongly suggested by Council at Agenda Review, that if the developer were to propose building a gas station, it would have to be inverted or behind a block wall that would screen the facility. She reminded the public how strict a Conditional Use Permit can be and the comple~ty of the process. She concurred with Mayor Pro Tem Pape regarding the site proposed for storage sheds since the area has a view that would be advantageous to other uses. She commended City staff, the community, Planning Commission and developer for warking together to resolve the concerns regarding this project. There was general Council discussion with regard to the.elimination of the self storage units. Mayor Brinley asked for clarification on the motions. City Attorney Leibold stated that Council needed a separate motion on each resolution and a motion on the ordinances to waive full reading and adopt by title only. She noted that there were two ordinances and two resolutions under Item No. 21a. COUNCILMAN SCHIFFNER READ ORDINANCE 1069 BY TITLE ONLY AS FOLLOWS: ORDINANCE N0.1069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 85-1, AMENDMENT NO.1 TO AMEND THE LAND USE DESIGNATION OF PARCEL WITHIN APPROVED SUMM~RHILL SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 363-100-089, 363-100-090, 363-100-087, 363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 24, 2000 GENERAL COMMERCIAL AND CHANGE AND ESTABLISH A LAND USE AND ZONING DESIGNATION OF APN 363-100- 084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL SPECIFIC PLAN TO "C-1/SP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAI~. Councilman Schiffner asked if this was the appropriate time to make an addition of the gas station and car wash. Councilman Metze noted that it was already in the Code and is already allowed by Conditional Use Permit. Mayor Pro Tem Pape stated that item "F" could be eliminated which addresses Mini-storage and asked if he was including that in the motion. Mayor Brinley stated that Councilman Schiffner had indicated that he wished to include Mini-storage in the motion. Councilman Schiffiier stated that he would like to leave it to the discretion of the developer to come back with a proposal. He further stated that he would prefer not to take it out of the Ordinance. Mayor Pro Tem Pape asked if Councilman Schiffner wished to see Mini-storage units on that site. Councilman Schiffner stated "not especially", but explained that he would like to leave the opportunity available. Mayor Pro Tem Pape stated that he did not wish to see it at all and would rather see it taken out as something to be considered. Councilwoman Kelley stated that it was something that would require a Conditional Use Permit and would have to be brought back before the City Council. Mayor Pro Tem Pape stated that it would not be brought before Council, but rather before Planning Commission and if they were satisfied with the Mini-storage units they would be approved. Councilman Metze stated that he felt that way about the alcohol issue. Councilman Schiffner stated that fuel-dispensing service was the object of discussion and not alcohol. Councilman Metze stated that there was no difference. Councilman Schiffner stated that he would include the deletion of the Mini- storage in his motion. City Manager Watenpaugh asked that Community Development Director Brady clarify the item. Community Development Director Brady noted the compromise process that occurred on this project. He explained that one of the reasons that the Mini-storage was included was because the applicant had requested it as one of the uses, the residents in the area were concerned with the traffic impact if there was commercial development in the area and Mini-starage uses are very low in traffia He further noted the way it was identified in the staff report and explained that there could be no outside storage and the design would be critical and would have to blend in with the residential aarea. He indicated that staff would not have encouraged that type of use on that particular site, however it was part of the compromise. Mayor Brinley asked if there was any opposition to the Mini-storage units. Community Development Director Brady stated that there was no opposition to the units providing it fit in with the neighborhood design. PAGE NINE - CITY COiTNCIL MINUTES - OCTOBER 24, 2000 Councilman Schiffner indicated that in view of the explanation he would prefer to lea~e it in and see how the vote comes out, therefore meaning to leave in the use of the Mini-storage units. City Attorney Leibold suggested that for clarification and purposes of the record, and to facilitate the City Clerk's ability to track the votes accurately on the minutes; that the Council view Page 5 of the Staff Report under recommendations. She further suggested that Council start with Item No. 1 and get independent votes on each of the five items. She indicated that each issue can be moved by item 1 through 5 and the City Clerk will read the title of the Ordinances. MOVED BY SCffiFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION NO. 00-O1. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH PAPE CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 2000-47 APPROVING GENERAL PLAN AMENDMENT NO. 00-O1 WITH FINDINGS, AS FOLLOW: ' RESOLUTION NO. 2000-47 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, MAHING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 2000 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 00-O1 TO AMEND THE LAND USE DESIGNATION OF PARCEL SPECIFICALLY DESCRIBED AS APN 363-100-089, 363-100-090, 363-100-087 AND 363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO GENERAL COMMERCIAL AND CHANGE THE LAND USE DESIGNATION OF APN 363-100-084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL SPECIFIC PLAN TO "c- 1/SP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAl~. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ' ORDINANCE N0.1069 UPON FIRST READING BY TTTLE ONLY, APPROVING SPECIFIC PLAN NO. 85-1, AMENDMENT NO. 1 AS PREVIOUSLY READ BY COUNCILMAN SCHIFFNER, UPON THE FOLLOWING ROLL CALL VOTE: PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000 ORDINANCE NO. 1069 AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFOI2NIA, APPROVING SPECIFIC PLAN NO. 85-1, AMENDMENT NO. 1 TO AMEND THE LAND ' USE DESIGNATION OF PARCEL WITHIN APPROVED SUMMERHILL SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 363-100-089; 363-100-090, 363-100-087, 363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO GENERAL COMMERCIAL AND CHANGE AND ESTABLISH A LAND USE AND ZONING DESIGNATION OF APN 363-100- 084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL SPECIFIC PLAN TO "C-1/SP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAI~. , AYES: COUNCILMEMBERS: KELLEY, METZE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: PAPE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2000-46, APPROVING GENERAL PLAN AMENDMENT NO. 00-02 RESOLUTION NO. 2000-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 2000 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 00-02 TO AMEND THE CIRCULATION ELEMENT OF THE GENERAL PLAN BY ELIMINATING AN EXTENSION SEGMENT OF SUMMERHILL DRIVE. Findings - General Plan And Specific Plan Amendments 1. The proposed General Plan and Specific Plan Amendments will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 24; 2000 amendment or within the city, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed General Plan and Specific Plan Amendments will permit reasonable development of the area consistent with its constraints and allow land uses that would be compatible with adjacent properties. 3. The proposed General plan and Specific Plan Amendments would establish a land use density and usage more in character with the subject property's location, access, and constraints. 4. The proposed General plan and Specific Plan Amendments will not have a significant impacts on the environment. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE N0.1070 UPON FIRST READING BY TITLE ONLY, APPROVING ZONE CHANGE NO. 00-1 WITH FINDINGS, UPON THE FOLLOWING VOTE: ORDINANCE NO. 1070 AN ORDINANCE OF THE CITY COUNCIL OF THE OCITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 00-O1 CHANGING THE ZONING DESIGNATION OF PARCELS SPECIFICALLY DESCRIBED AS APN 363-100-089, 363-100-090, 363-100-087 AND 363-100- 034 FROM COMMERCIAL SPECIFIC PLAN TO C-2 (GENERAL COMMERCIAL). AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Findings - Zone Change KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NONE NONE NONE 1. The Proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to property or improvements in the neighborhood or within the City. PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 24, 2000 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the standards established in the Municipal Code. 3. This project will not have a significant impact on the environment. Mitigation Measures have been incorporated. 21b. Tentative Parcel Map No. 29235 "Abbacy Holding Corp "(F• 110 2~ City Manager Watenpaugh explained that this item follows item No. 21A and addresses the same property. Community Development Director Brady presented an exhibit of the Parcel Map and noted that the applicant is requesting a parcel map that will subdivide 4 parcels. He noted that one of the conditions of this map was that the applicant would dedicate 10 additional feet for the future widening of Canyon Estates Drive. He commented that the condition had caused considerable discussion by the residents, since they felt that the dedication would result in Canyon Estates Drive becoming a five-lane highway. He explained that the existing circulation element of the General Plan calls for this as an arterial four-lane road and the designation has been in place since 1995. He further noted that some of the confusion was caused since the roadway has curb and gutter in place and most of the street improvements have been put in. He further explained that the additional 10 feet would be required to allow the street to widen to four lanes with a center turn lane and would only occur at such time as the traffic counts require the widening. Community Development Director Brady indicated that it could take up to 20 years before there is a need to widen the roadway before the traffic capacity and traffic circulation on that roadway deems it necessary. He explained that the issue was clarified and it was felt that the residents had a better understanding of that issue. He indicated that Condition of Approval No. 45 requires the applicant to install a traffic signal at the intersection of Summerhill Drive and Canyon Estates Drive and must be operational at the first certificate of occupancy for any building on parcel4. He noted that the applicant would construct and install the signal, and the City would reimburse half the amount of the signal for the cost of installation. He stated that staff and the Planning Commission recommend approval and noted that the same Negative Declaration that applied to Item 21 a., applies to this item as well. Mayor Brinley opened the public hearing at 8:05 p.m. asking those persons interested in this item to speak. Hearing no requests, the public hearing was closed at 8:06 p.m. City Clerk Kasad reported no written communications on this item. PAGE THIRTEEN - CTTY COUNCIL MINUTES - OCTOBER 24, 2000 Councilman Metze clarified that the applicant concurred with the Conditions of Approval; and stated that he was in favor of the project as , long as the applicant was agreeable to the Conditions. , Councilwoman Kelley stated that she had no problem with the project. Mayor Pro Tem Pape stated that he had no comments. Councilman Schiffner stated that he felt that the project had been well covered and he had no problem with the project. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 29235 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS: FindinES• 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objective, 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 pubic service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Conditions Of Approval PLANNING DIVISION 1. Tentative Parcel Map No. 29235 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, ar an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Tentative Parcel Map No. 29235 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000 and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, ar annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning TPM No. 29235, 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, or hold harmless the City. 4. Pay all applicable fees including park fees in force at time of issuance of building permits. 5. Prior to final map approval of Tentative Parcel Map No. 29235, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 7. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 8. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 9. The applicant shall provide connection to public sewer for each lot within the subdivision prior to building permit. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 10. Meet all requirements of the providing electric utility company. 1 L Meet all requirements of the providing gas utility company. 12. Meet all requirements of the providing telephone utility company. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000 14. All development associated with this map requires separate Design Review approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code. 15. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 16. This subdivision shall comply with all applicable Mitigation Measures incorporated within Mitigated Negative Declaration No. 00-01 subject to approval of the Community Development Director ar Designee. ENGINEERING DIVISION 17. 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. 18. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26). 19. Submit a"Will 5erve" 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. 20. Dedicate 10 feet of additional right-of-way along the southerly side of Canyon Estates Drive for a modified major arterial (76 ft. R/W with 64 ft. curb to curb) and so designate on the parcel map. Improvements for the modified major arterial will not be required with this Parcel Map. 21. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 22. The applicant shall require Granite Homes to complete the public improvements along the frontage of PM 29235 on Canyon Estates Drive in accordance with their financing agreement or the applicant shall install the public improvements prior to certificate of occupancy. 23. 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. 24. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000 25. 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). , 26. 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. 27. The applicant shall install one permanent benchmarks to Riverside County Standards and at a location to be determined by City Engineer. 28. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 29. Provide fire protection facilities as required in writing by Riverside County Fire. 30. Provide street lighting and show lighting improvements as part of street improvement plans if required. 31. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 32. Applicant shall submit a traffic control plan showing all traffic control devices required for the parcel map 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. 33. All improverrrent 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. 34. 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. 35. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 36. Roofs should drain to a landscaped area whenever feasible. 37. Submit Hydrology and Hydraulic Report for review and approval by City PAGE SEVENTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000 Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of the site and diversion of drainage. 38. 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. 39. 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". 40. 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. 41. A drainage acceptance letter will be necessary from the downstream property owners for outletting diverted or concentrated stormwater run-off on private property. 42. 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 irrigation, landscaping and the storage of material. 43. Education guidelines and Best Management Practices (BMP) shall be provided to occupants 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. 44. The lot adjacent to Summerhill Drive shall have its access restricted to right turn-in and right turn-out only on Summerhill Drive. 45. Developer shall design and construct a traffic signal at Summerhill Drive and Canyon Estates Drive. The City shall reimburse the applicant one-half of the total cost for installing the traffic signal. The traffic signal shall be operational at the first certificate of occupancy for any building on parcel4 of PM 29235. 46. Developer shall contribute $60,000 towards the design and construction for improvements to the Railroad Canyon Rd. & I-15 Freeway Interchange. This development will contribute 2% of the total traffic in the interchange and PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000 should contribute 2% of the cost of the improvements. This shall equate to a fee of $3,000 per acre per parcel payable at building permit. 47. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or 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. 48. The parcel designated as not a part of Parcel Map 29235 should be designated as parcel4. 22. Reauest for Anproval of a Resolution of Necessitv and authorization to commence Eminent Domain Proceedin s to acquire real property necessarv for the improvement of Mission TraiL (F:156.2) City Manager Watenpaugh noted that this item was a joint project between the County of Riverside and the City for the improvement of Mission Trail. City Attorney Leibold explained that the City entered into an agreement with the County of Riverside to share the cost of the Mission Trail Widening Project. She further explained that the County is the lead agency and under the terms of the agreement, the County undertook negotiations for the acquisition of all of the right-of-way necessary for Mission Trail improvements. She indicated that the County successfully negotiated the acquisition of nearly all of the properties with initially three and now only two exceptions. She further indicated that the two remaining exceptions relate to properties within the boundaries of the City of Lake Elsinare, therefore the City has assumed the obligation of undertaking to acquire those additional parcels. City Attorney Leibold explained that the City has obtained appraisals on the properties; the City has engaged in good faith negotiations and provided good faith offers to the property owners with no resolution; the properties in question have been identified in the staff report in the proposed Resolution of Necessity; and identified as the Saykr and Trudeau properties. She noted that the City has entered into an agreement to acquire the Saykr property, however the purchase and sale agreement is not final and she recommended that the Resolution of Necessity include that property just in case there is a problem and the City needs to obtain the property to allow the street widening project to move forward; however it is anticipated that the property will close with further negotiations. She indicated that the single remaining property, owned by the Trudeau family, PAGE NINETEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000 has been offered the full value of the portion of property necessary for the street widening; a drainage easement, which resulted in certain severance ' damages; and a small utility easement for an electrical pole. She noted that the City has been unsuccessful in negotiating for the acquisition and now needed to request consideration of a Resolution of Necessity. She explained that the Resolution establishes certain findings as follows: , 1. There is a public interest and necessity in acquiring the property. ~ 2. The need and public convenience to accommodate the e~sting and projected growth and resulting traffic along Mission Trail. 3. The location of the proposed project is consistent with the General Plan. ' 4. The greatest public good with the least private injury. ', 5. The adjoining properties are necessary to widen the street. 6. The City has complied with all applicable Goverrunent Code Sections. 7. The City has negotiated for the acquisition, but have been unsuccessful completing the negotiations. City Attorney Leibold indicated that the Resolution of Necessity needed one minor correction on E~ibit "B-2k", relating to the drainage easement on the Trudeau property; as the exhibit calls for a 405 foot drainage easement, however there has been conflicting information and she requested that the footage be changed to 415 feet. Mayor Brinley clarified the footage. Mayor Brinley opened the public hearing at 8:13 p.m. asking those persons ' interested in this item to speak. George Alongi, 649 Mill Street, stated that there had been no cost ~ mentioned and questioned where the money will come from; if the City is going to make arrangements for future developers to bear the cost of improvements through a reimbursement to the City for improvements. He commented that all the other projects done in the City have required developers to pay for Capital Improvements. He further stated that he ' would like an update from Liberty on the status of their project. Mayor Brinley stated that the public hearing does not address the Liberty Project. ' Mr. Alongi stated that the Liberty Project is part of Mission Trail and does ' impact the Eminent Domain. He stated that the citizens have the right to know where the money will come from to fund the Eminent Domain and if the City will be refunded if the development takes place. City Clerk Kasad stated there was no written correspondence on this matter. Hearing no further requests, the public hearing was closed at 8:15 p.m. PAGE TWENTY - CITY COUNCIL MINUTES - OCTOBER 24, 2000 Mayor Pro Tem Pape clarified the item before Council, and stated that he felt that it was prudent to move ahead with this action. He further stated that he was always hesitant to utilize Eminent Domain, however he felt that everything had been done to negotiate in good faith with the property owner and now it was necessary to move forward to facilitate the improvements and keep the project on schedule. He indicated that he would be in favor of this action. Councilman Schiffner stated that the entire City has waited long enough to get improvements done to Mission Trail and as the City Attorney indicated, the negotiations are still underway. He commented that the action before Council addresses the issue of Eminent Domain in case the negotiations fail, which would facilitate the progress of the project on Mission Trail. He explained that it might not be necessary to file an Eminent Domain, however if it becomes necessary then it will be in place to do so to keep the project moving on time. He stated that he was in favor of moving ahead. Councilman Metze concurred with Council's comments and stated that Mr. Alongi knows the answers to every single question that he asks since he was on Council when part of this project came forward. He stated that he felt it was just "political B.S." by Mr. Alongi. He felt that his questions did not require answers. Councilwoman Kelley stressed that Negotiations are on-going and although the City had offered severance damages there has been no resolution to the matter, therefare this action is necessary to move forward to widen Mission Trail. Mayor Brinley stated that it was a joint effort between the County and the City to work together to provide better transportation along Mission Trail. She noted that this project had been in the works for quite some time and was something the public desired. She stressed that negotiations were still on going. She asked the City Attorney to clarify the project. City Attorney Leibold stated that it was her understanding that the County, in their negotiations, did not include severance damages in the offer. She explained that the City's appraisal shows that a$21,000 value of the 10 foot right-of-way take that is needed for the road improvement and a$31,000 severance damages negotiated for the drainage easement that swaths through a portion of the property. She indicated that a combined appraised value that the owner has been offered is $51,200. Mayor Brinley clarified the amount of property in question. She asked if the City had to follow through with an Eminent Domain, what would be the cost recovery. City Attorney Y,eibold stated that they would anticipate filing a complaint in order to obtain possession. She explained that the City hoped to obtain possession by the month end so the project could start immediately and not PAGE TWENTY-ONE - CITY COUNCIL MINUTES - OCTOBER 24, 2000 be delayed by the rainy season. Mayor Brinley requested confirmation that the project was proposed to start around the 2°d week in November. City " Manager Watenpaugh confirmed. He stated that it had been the intent of Council and RDA that when the adjacent property develops, then they would be required to reimburse the City. City Attorney Leibold explained that the source of fixnds that the City had committed for the City's share of the project is an initial $417,000 of CDBG Funds with a commitment over time to pay for the City's share. She noted that the properties boarding Mission Trail are subject to a Specific Plan with a condition that they contribute their fair share of street improvement costs including Mission Trail. Mayor Pro Tem Pape clarified that the County would be going to bid by the middle of November and asked when the County wished to start construction. City Manager Watenpaugh stated that they would be opening bids the end of November and starting construction. Mayor Brinley clarified that this was a joint project between the County and the City. ~ MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2000-48 AS FOLLOWS WITH A CORRECTION TO EXHIBIT `B-2" TO READ 415 FEET: RESOLUTION NO. 2000-48 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY. BUSINESS ITEMS 31. A~reement containin~ covenants affectine real propertv and the dedication fundin~ and construction of road improvements.(F:68.1)(X:127.3)(X:156.1) City Manager Watenpaugh noted that this item deals with delays that have taken place on the Fire Station due to negotiating the dedication of the right- of-way for the road. He explained that the existing road has a dedicated easement for Flood Control to move forward for access into the debris basin; there were some issues regarding a water line being placed in an easement rather than a dedicated street; the City has negotiated with the property owner to design the full width of the improvement going into the Fire Station; and La Laguna will fund half of the grading and street improvements and provide all of the dirt necessary to elevate the pad as well PAGE TWENTY-TWO - CITY COUNCIL MINUTES - OCTOBER 24, 2000 as the road. He noted that the agreement stipulates that it would be approximately $70,000 each for the cost. He indicated that subject to Council's approval, it is anticipated that the City will go to bid in mid- November, start the project in December and start construction in January. Councilwoman Kelley stated that she was in favor of the agreement. Councilman Metze concurred. Councilman Schiffner asked that the City Manager give a brief explanation of what the delay has been; why the grade is being raised; and what the project is about. City Manager Watenpaugh stated that the project is the West End Fire Station; and explained that when CFD 88-3 was put in place, it funded a Fire Station off of Lincoln. He noted that at the request of the Fire Department the project was relocated to McVicker Canyon Park. He further explained that the Fire Department felt that they could have quicker response times to the residents because they would be traveling downhill; and the Fire Station would provide 24 hour residence in the park and result in the elimination of some of the vandalism that occurs. City Manager Watenpaugh explained that the problem became one of access on a dedicated easement for Flood Control usage and not dedicated as a street. He further explained that EVM WD was willing to work with the City to locate a water line through the City Park, however it would become the City's responsibility far maintenance and create other issues. He noted that the City has been negotiating with the property owner of La Laguna to get the dedication and part of it was to elevate the street since they had received approvals from Fish and Wildlife to move forward with their project; and for access into their project the roadway needs to be elevated 22 feet which will require°~he Fire Station to be elevated. He further noted that La Laguna will provide all the soil to elevate the Fire Station and pay one-half of the cost of the street improvements and for all of the grading. He stated that it will increase the cost of the Fire Station and at the time when staff has firm numbers, staff will bring the item to Council for ratification of the budget. City Manager Watenpaugh stated that it would take nine months to develop the project. He noted that the bids would go out on the 18"' of November and be under construction in January. He stated that nine months from January the Station would be open. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS ~OTE 'd'O APPROVE THE AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED AND AUTHORIZED THE MAYOR ~'O EXECUTE THE AGREEMENT IN SUCH FINAL FORM AS APPROVED BY THE CITY MANAGER AND CITY ATTORNEY FOR THE C'ONVENANTS AFFECTING REAL PROPERTY AND THE _ _ ~- PAGE TWENTY,THREE-CITY COUNCIL MINUTES-OCTOBER 24, 2000 DEDICATION, FUNDING AND CONSTRUCTION OF ROAD IMPROVEMENTS. ITEMS PULLED FROM THE CONSENT CALENDAR 3. Claims against the City - Phou~ Minh Thi Tran (CL #2000-181, Nam V. Tran (CL #2000-19~and Hue Thi Vo (CL #2000-201.(F:52.2) Chris Hyland, 15191 Wavecrest Drive, stated that she had asked Jess Watkins how many drowning there had been in the Lake for the 30 years that he managed the Campground. She indicated that he had told her none, and she had asked him if he had signs posted and he told her he had. She asked him if he let people wade in the water and he told her that he did not and that they patrolled it constantly. She stated that she hoped that the people filing the claims get their $30,000,000 plus and expressed hopes that the families of the other children that drown in the Lake sue the City royally; that they win and bankrupt the City for not even caring that people drown. George Alongi, 649 Mill Street, addressed the Mayor and commented that she was the centerpiece of the Community and that she had pastors appear before Council and present an invocation, which tells him that she looks for guidance. He further commented that it tells him that she is incapable of making decisions and that she looks to a higher source to make decisions. He stated that although the Mayor is not guilty of the death of the young lady, she is responsible and suggested that the City try something different. He suggested that instead of dragging the community through another lawsuit, the City Attorney and City Manager should meet with the insurance company and seek a settlement with the families rather than drag the community through another lawsuit that could cost a lot more. He stated that he does not want the City to go bankrupt and wishes to see the City grow since his children and grandchildren live here. He further stated that history has proven itself and the City has lost some large lawsuits and cited the Williams case, the Watkins case, and the Collier lawsuit. He noted that those have cost the City millions of dollars and suggested that the City solves this suit without the courts and works it out. Mayor Brinley asked the City Attorney to respond. - City Attorney Leibold stated that the Claim was filed and referred in the normal course of business to Carl Warren, the City's Claims Administrator. She indicated that they recommended rejection on the basis that there is no City liability. She stated that there is no doubt that the drowning is a tragedy and that the City and all of the community empathizes with the family's loss, however that does not translate into City liability. She recommended that the Council follow the recommendation of the Claims Administrator and reject the claim. PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-OCTOBER 24; 2000 MOVED BY PAPE, SECONDED BY SCffiFFNER AND CARRIED BY UNANIMOUS VOTE TO REJECT CLAIM NOS. 2000-18, 2000-19, AND 2000-20 AND REFER THEM TO THE CLAIMS ADMINISTRATOR FOR HANDLING. 4. Award of Contract for Railroad Canyon Road Rehabilitation R J Noble 587 305.(F:68.1)(X:156.2) Chris Hyland, 15191 Wavecrest Drive, commented that the cost of the contract bothered her. She stated that she felt that the City should explain this item, where it is being doing and why the City is doing it. She further stated that the City has Lake Street, Machado Street, Lakeshore Drive and Grand Avenue, which are in deplorable condition. She indicated that the Council keeps talking about Railroad Canyon Road without explanation; and indicated that he does not go up that road and the only people that use it are from Canyon Lake. George Alongi, 649 Mill Street, commented that he does not oppose the City doing anything with any of its streets, however there are other streets in this community that have never had pavement, sidewalks, or curb and gutter. He stated that he felt that the City should split the money up and spread it around the community. He stated that the City did a good job on the Avenues, however the money being spent on Railroad Canyon should be spent around the other areas. He suggested that Councilman Metze was confusing concern with opposition. Mayor Brinley asked that the City Manager address the comments and reminded the public that the City will be doing Lake Street as well. City Manager Watenpaugh stated that Railroad Canyon Road is being renovated and upgraded by funding that remained in the Assessment District. He stated that the funds the City will be using to renovate the facility are going to the landscaping area in the middle of the Median and the balance of the dollars will be used to renovate one of the major entries of the City, which is Railroad Canyon Road. He further stated that Railroad Canyon Road is a main entry into the City whether the people come from Menifee or Canyon Lake. He noted that Lake Street improvements will be approximately $1.1 million dollars and services as many County residents as it does City residents, but it is within the City and does need improvements and will be renovated at City expense because it is a main gateway into the City. He further noted that the funds for Lake Street would be from Measure A Funds. Measure A Funds will also be spent for the road paving on Railroad Canyon Road as well, however the Median will be from Assessment District Funds. He explained that the City is moving forward on the main arterial roadways since they are high access and traveled heavily and not just by City residents. He noted that the City is in the PAGE TWENTY-FIVE-CITY COUNCIL MINUTES-OCTOBER 24, 2000 process of moving forward with the interior streets through the Slurry Seal Program and some infill projects will be done within the next year. Mayor Brinley stated that the City Council is working very hard to maintain its priority to improve the streets. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AWARD THE CONTRACT FOR RAILROAD CANYON ROAD REHABILITATION TO R. J. NOBLE IN THE AMOUNT OF $587,305. THE CITY COUNCIL MEETING WAS RECESSED AT 8:39 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:45 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Barbara Anderson, 304 N. Lewis Street, announced that the NAACP will have its regular meeting on the 4th Thursday of the Month at the Senior Center and the speaker will be Sheriff Larry Smith; The Friends of the Library Book Sale will be Saturday, October 28 and gave an overview of the things that the proceeds pay for; and announced the sign up for the Shared Food Program will be the Friday, November 3, from 10:00 a.m. to 4:00 p.m. and the First Christian Church. Clyde Rice, 16912 Ulmer St., commented on a refund that his parents received because they had been overcharged by Code Enforcement. He noted pictures that he presented to Council with violations that have been present for a number of years. He stated that he had brought the items to the attention of Code Enforcement and the problems still e~st. Dan Uhlry, 150 E. Lakeshore Drive, commented on the EDC Meeting he had attended and the exciting things that will be happening in the City particularly in the industrial section. He stated that it was vital who will be elected to the Board of EVMWD, since their decisions would affect the Valley for the next 20 to 30 years. He noted the importance of the Brine Line and the importance of doing it right, and asked that the community use diligence when they vote. George Alongi, 649 Mill Street, addressed Councilman Metze and stated that he had always been concerned with the development of Mission Trail and expressed - the right to address a subject when tax dollars are being discussed. He commented on a tax bill he had received on a piece of property on Main Street that the Lighting and Landscaping jumped 600% and went from $114 to $685. He noted that it is a 50-foot lot with 11 units on it, however he receives no more benefit than the other 50-foot lots on Main Street. He criticized the way the City calculates the fees since the gas station on Main Street only pays $117 a year and uses the approach more than his property does. He noted some property he owns on PAGE TWENTY-SIX - CTTY COUNCIL MINUTES - OCTOBER 24, 2000 Graham Avenue that has a fee of $117 a year and there is no landscaping and lighting on that property at all, since he does it. He commented that he did not mind paying his fair share, however he felt that the increase on his property on Main Street was uncalled for. He stated that he would like to hear from the City Manager if there was an appeal process to this program. He commented on the various pieces of property that his Trust owns and the amount of service that is received by each piece of property. He stated that the process should have a review and someone to check the benefit that each piece of property receives, since he does not believe that the property owners are being fairly charged. Chris Hyland, 15191 Wavecrest, encouraged the public to go on-line to the Elsinore Magazine. She reminded the public of the upcoming EVMWD Election and stated that it will be a very crucial election. She commented on the candidates, and noted that the candidates would be participating in a forum at the Senior Center. She encouraged everyone to vote. CITY COUNCIL COMMENTS City Manager Watenpaugh commented on the following: 1. Noted a summary that he provided to Council addressing issues regarding the Slurry Seal Program. 2. Stated that Community Development Department, Code Enforcement and the Community Service Officers from the Sheriff's Department have put together a program. He noted that he would be meeting with the Assistant City Manager and Information/Communications Manager to prepare a news release to inform the public regarding the Enforcement Program. He noted that they have outlined three policies and Council will be receiving a copy of those policies. He noted that Code Enforcement and the CSO's will be focusing on six areas to start with and represents the Avenues; the Bird Tract; the Presidential Tract; Joy Street; Torn Ranch Tract; and the Downtown area. He explained that they will be focusing on four major items which are the larger items that have an impact on peoples property value, which are abandon vehicles; discarded appliances and furniture; trash, debris, overgrowewn vegetation and weeds; and a lack of addresses for structures. He further explained that fliers are being done in Spanish and English and it is proposed to start the program after the first of the year. He noted that the residents will receive a warning and the City will also participate in the clean up as well. City Manager Watenpaugh explained that the whole intent of the program would be to try and get the community to see that the City wishes to see their property values increase and get volunteer compliance with the program. He stated that the City does not wish to write citations for these programs, but rather would prefer that the people do the clean up. He noted that Code Enforcement would address the items that Mr. Rice brought before Council immediately. He further stated PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-OCTOBER 24, 2000 that the City Manager's Office would be happy to provide the information to the public prior to placing it in the newspaper if it was requested. He noted that the clean up efforts of Code Enforcement from February, 2000 to October 19, 2000 consisted of 476 vehicle checks; of the 476, 41 were towed or stored; 747 residential checks; 705 warnings written; 687 follow- ups; 351 compliance on complaints; 180 citations written; and 8 Code Enforcement referrals. He stated that if the issues that came before Council represented 4 to 6 people, it is a very small percentage. He stated that overall there had been a 50% compliance rate. He stated that the City would formalize the program to assure that anyone that gets cited and warned will be notified properly. He explained that this action is an attempt to be responsive to the community. He summarized the actions that will be taken to facilitate the cooperation of the residents. CITY ATTORNEY COMMENTS City Attorney Leibold stated that she had no comments COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1. Commented on the complaints received regarding the Slurry Seal Program and stated that the Public Works Department sent two letters to the residents, plus hung a door hanger on every door in the neighborhood. She noted that the first letter went out in July, the second letter in September and the door hanger went out to notify the residents that they would be slurry sealing, which informed them that they needed to move their cars between the hours of 630 a.m. to 5:00 p.m. She indicated that one of the City employees was in the neighborhood the entire time the slurry sealing was being done as well as the Public Works Manager had his cell phone number on the letter to give the residents the opportunity to contact him in case of emergency. 5he stated that the City did adequately cover the neighborhood; and commented that the Public Works Department takes great pride in their service to the community. Councilman Metze commented on the following: 1. Extended sincere apologies to Public Works Manager Payne and all the employees at the Public Works Yard. He concurred with Councilwoman Kelley's comments and apologized for any negative comments that he had made. PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-OCTOBER 24, 2000 Councilman Schiffner commented on the following: 1. Read a portion of the letter he received regarding the noticing to the residents in the Avenues. He stated that there were probably residents that were inconvenienced in the neighborhood, however he did make inquiries regarding the number of complaints received and there were only two; one was from Mr. Alongi and the other was from a lady who had driven on the slurry seal while it was still wet. He noted that the contractor was notified and took appropriate action. He explained that he had been involved in a lot of street pavement and he knows that people do persistently ignore the signs; and don't believe staff when they say that the asphalt is wet. He stated that he believes that staff did everything possible to notify the residents. Mayor Pro Tem Pape commented on the following: 1. Commented on the amount of construction that had been occurring in the City. He noted that the City just completed the Main Street Project; Country Club Heights; the Avenues; and by the end of the year Mission Trail will be started; Railroad Canyon wil! start after the first of the year; and Lake Street. He noted that in Spring of 2001, Highway 74 will begin construction; and in Summer of 2001 work will begin on signals at Collier/ Central and Riverside/Collier. He noted that CDBG Funding will be coming up soon and he would like to see some of the money spent on streets in the downtown area especially behind City Hall. He indicated he would also like to find some money to do Machado Street. 2. Addressed the City's graffiti problem and noted that the Community Development Department is working on a graffiti ordinance that would make sure that the spray cans are in a secured place in the stores that provide that type of product. He noted that graffiti is getting out of control in the City. He indicated that the police have had some luck in catching the perpetrators and the City Attorney will be seeing if some restitution could be made to the City from the children and their parents. Mayor Brinley commented on the following: 1. Announced the Second Annual Recycled Art Show, December 1, 2000, and encouraged everyone to enter. She noted that the entry form could be obtained at City Hall. PAGE TWENTY-NINE-CITY COUNCIL MINUTES - OCTOBER 24, 2000 3. Congratulated Elsinore Valley Municipal Water District on their SOth Anniversary. She noted that they would be having an open house on Friday, October 27, 2000 starting at 4:00 p.m. 4. Announced Safe Candy Night on Downtown Main Street, October 31, 2000. 5. Announced Trick-Or-Treat Night at the Outlet Center, October 31, 2000. 6. Announced that the Ford Dealership will sponsor a Halloween Party at the Ford Agency, October 31, 2000 at 6:00 p.m. 7. Announced the Classic Car Show on Saturday, October 28, 2000 from 3:00 p.m. to 8:00 p.m. 8. Reminded the Community of the Blast From the Past at the Community Center on October 28, 2000 at 8:00 p.m. to 1:00 a.m. benefiting Cops for Kids. She noted that it will be a 50's theme and encouraged the public to attend. She announced just a few of the people and organizations that ha~e contributed to this event including Lusk Homes; O'Conner Security; Rod Gunn & Assoc.; Fulbright and Jawarski; Don Hunt; Lake Chevrolet; Lake Elsinore Ford; Harris & Associates; Lake Elsinore Resort and Casino; Lake Elsinore Chamber of Commerce; Estes Real Estate; Abbacy Development; Lake Cafe; Honey's Restaurant; and Wal-Mart. 9. Re-announced the Production of Guys and Dolls at Terra Cotta Middle School on the October 25, 26, 27, & 28. She encouraged the community to support this program. 10. Encouraged the community to attend the EDC Meetings which are held on the 2nd Thursday of each Month at 1130 p.m. 11. Announced the Unity in the Community parade to be presented in November. 12. Reminded the public about the Friends of the Library Book Sale on October 28. CLOSED SESSION City Attorney Leibold announced that Items A& B will be heard and Item C will not be heard since there is no need to seek direction on that item. PAGE THIRTY-CITY COUNCIL MINUTES - OCTOBER 24, 2000 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) California Bank & Trust v. City of Lake Elsinore et al (Riverside Superior Court Case #344190) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) City of Lake Elsinore v. All Persons Interest et al, Riverside Local Agency Formation Commission (Case # RIC 3ll 942) C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) (3)(C) of Government Code Section 54956.9: (1 potential case) THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:19 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 10:10 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:11 P.M. A EL CITY OF ATTEST: V ~n~c~L.. VICKI ~ KASAD, C C, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE