HomeMy WebLinkAbout03-23-1999 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MARCH 23,1999
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Kelley at 7:10
p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS: BRINLEY, METZE, PAPE,
SCHIFFNER, KELLEY
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Boone, Community
Development Director Brady, Community Services Director Sapp, Fire Chief
Seabert, Police Chief Walsh and City Clerk Kasad.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Pape.
INVOCATION
The Invocation was provided by Pastar Davis, representing Evangelical Seventh
Day Baptist Church.
PRESENTATIONS
A. Proclamation - Eagle Scout Brian Edward Linsda~ (F:122.1)
Continued to April 13, 1999.
B. Proclamation - Ea~le Scout Joshua Matthew Raxter. (F:122.1)
Continued fo April 13, 1999.
C. Proclamation - Ea~le Scout Channin~ Roman Corral. (F:122.1)
Continued to April 13, 1999.
PAGE TWO - CITY COUNCIL MINUTES - MARCH 23,1999
E. Proclamation - Media One. (F:122.1)(X:140.12)(X:170.5)
Mayor Kelley noted her policy allowing other Councilmembers to request
and present Proclamations and deferred to Councilwoman Brinley.
Councilwoman Brinley read and presented the Proclamation to Steve Perry
representing Media One, and expressed thanks for his assistance with the RTA
Video project. Steve Perry thanked the Council for this recognition and
highlighted the project, which was prepared to promote youth ridership on
RTA. Councilwoman Brinley noted that the video was presented at Senator
Boxer's Office in Washington, D.C. and commented on the impact it had on
their discussions with the Senator.
D. Proclamation - Child Abuse Prevention Month. (F:122.1)
Mayor Kelley read and presented the Child Abuse Prevention Month to
Maureen Minehan and stressed the importance of prevention in this area. Ms.
Minehan thanked the City for this presentation and provided details on the
Child Abuse Prevention Council activities.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following items and deferred to those
discussions:
Item Nos. 5, 22, 23 and 34.
Mayor Kelley noted that she had a matter of urgency to add to the Agenda regarding
Palm Trees.
MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY
UNANIIVIOUS VOTE TO ADD THE PALM TREE ISSUE AS ITEM 35 OF
THIS AGENDA.
Mayor Kelley indicated that there were a number of requests to address this issue and
suggested that the item be discussed at this point in the meeting.
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO CONSIDER ITEM #35 AT THIS TIlVIE.
35. Palm Tree Removal. (F:166.2)
Mayor Kelley indicated that she would introduce this item since she was
involved with it over the weekend. She stressed the importance of this issue
and noted the uniqueness of the trees and their status as a natural aesthetic
resource. She explained that the concem was specifically raised about the
trees in the Country Club Heights area. She explained that Councilman
Schiffner, Public Works Manager Payne and herself inet with residents Bruce
PAGE THREE - CITY COLTNCIL MINUTES - MARCH 23,1999
Holland and Bill Limebrook on Saturday to brainstorm the problem. She
explained that there are a number of unfounded rumors and a great deal of
misinformation with regard to this topic. She noted that they arrived at a
number of positive solutions and ideas that will help to sa~e the trees. She
explained that one alternative would be to develop an ordinance as soon as
possible to clarify the process for removal of trees, including factors such as
work being conducted only during normal business hours. She also indicated
that she would send a letter to all absentee landlords, stressing the concerns
over this issue. She commented that she brought this issue up for this evening
because she felt it was unportant that the residents understand how important
the palm trees are to the Council.
Councilman Schiffner indicated that Mayor Kelley had covered the issues well
and had no further comments.
Councilman Pape questioned the number of trees that have been removed.
Mayar Kelley noted that she received several calls last week, specifically from
Mr. Holland; and she met with him and reviewed the process. She noted the
surveyors' reports and the requirement for permission by the landowners.
Councilman Pape questioned how many permits had been granted.
_ Community Services Director Sapp indicated that 26 trees ha~e been removed
and there is a permit for one more to be removed. He further indicated that
they were all on private property and their removal was permitted. Mayor
Kelley questioned the time frame for the removal of the 26 trees. Community
Services Director Sapp indicated that it was basically this fiscal year dating
back to last July.
Mayor Kelley stressed that the City is not removing palm trees; as they are all
on private property and the City has no jurisdiction over private property. She
further stressed the urgency of this matter and noted that she has asked staff to
investigate possible ordinances and return to the Council for approval of
verbiage and solutions.
Councilwoman Brinley expressed concern that someone is saying they are
removing trees on behalf of the City. Mayor Kelley concurred, but noted that
most of the information she received was heresay. She reinterated that the
meeting on Saturday did produce some solutions. Councilwoman Brinley
suggested if people are concerned, there should be a way to prevent the
concems. She suggested setting up a phone number for people to verify the
City's participation. Mayor Kelley indicated that Public Works Manager
Payne gave out his own phone number and it is now posted all over town for
people to question activity with the palm trees.
Councilman Schiffner noted that they discussed a more stringent permit
process which would include the requirement to set and appointment for
moving the tree so the City would have a record of what was occurring.
PAGE FOUR - CITY COUNCIL MINUTES - MARCH 23,1999
Councilman Metze indicated that he would like to see a hea~y fee placed on a
removal permit; as removal is not something the City wants to see happening.
He noted that he would like staff input on the matter and concurred that work
should only be done during working hours unless there are mitigating ,
circumstances. He further noted that the City should know what equipment is '
being used and when the work is being completed. He indicated that he was
extremely upset with this situation and noted that it is very obvious where the
trees have been removed as the holes are not being filled properly. He
suggested it might be appropriate to pull business licenses to get the point
across. He commented that he would like to see the ordinance as tough as
possible; and the letter to landowners should stress the local concerns. He
noted the money being offered to the landowners vs. the much higher value of
the trees and the difficult decision the landowner must make. He stressed the
need for a tough ordinance.
Councilwoman Brinley inquired if in fact a person took out the permit for two
trees and five are gone, as one rumor indicated. Community Services Director
Sapp indicated that the person did ha~e permits for five trees.
Councilman Metze indicated that he was told that the residents can file a
complaint against the individual removing the trees. City Attorney Leibold
indicated that she was not sure what the cause of action would be in that case.
Mayor Kelley noted that there was a situation in which the wrong trees were
mistakenly removed and had to be replanted. Councilwoman Brinley inquired
if there was any guarantee for the property owners that those trees would not
die.
Councilman Pape indicated that he was not sure if the residents lrnow the
absentee property owners, but suggested that if people are aware of property
owners whose trees ha~e been removed without their permission, they should
try to contact them. He stressed the value of the trees which ha~e been
removed.
Ray Johnson, 26785 Camino Seco, Temecula, indicated that he was an
environmental attomey retained by some residents in Lake Elsinore. He noted
that the proposed action is helpful but there is still a major concern with the
contract the City recently awarded for removal of the trees from the
Gunnerson/Lakeshare area for the benefit of a private developer on Railroad
Canyon. He suggested that the approval of the contract was probably a
violation of CEQA requirements due to the lack of environmental review. He
questioned the appropriateness of the City removing the trees from one area to
another area; but the property owners should be given the opportunity to
relocate the trees from their own property, noting that removing the trees
diminishes the value of the property. He indicated that the City had the ability
and right to trim the trees, but he was not sure they had the right to remove.
City Manager Watenpaugh indicated that he appreciates the concerns of the
community and staff is looking to retain the trees in the community. He
indicated that the Edison Company is not trimming the trees, but rather
PAGE FIVE - CITY COUNCIL MIN [JTES - MARCH 23,1999
topping them, which kills the trees. He stressed that the policy is not
relocating trees from the public right of way to private property or any private
developer. He indicated that he understood that the EIR addressed the
~~! Railroad Canyon Road project and suggested that a planning representative
might want to comment. He stressed that if the trees are not moved they will
be topped by the Edison Company. Community Services Director Sapp
noted that there are over 50 trees waiting for the City. City Manager
Watenpaugh clarified that the movement of trees to private property would be
a gift of public funds. City Attorney Leibold confirmed that the trees would
have to be declared surplus for such a transaction. Mayor Kelley reiterated
that the trees are under the electrical wires and would be topped to prevent fire
hazards and could potentially be moved for road widening at a later date.
Mary Christianson, 16875 Gunnerson, spoke in support of a preservation
ordinance to prohibit the removal of trees from the Gunnerson area, noting that
the trees are one of the reasons they chose to move to the area. She noted that
the City used to trim the trees more frequently and they are now a bit shabbier.
She suggested that if the trees are to be relocated, they should be moved within
the Country Club Heights area.
Mary Meyers, 17183 Shrier Drive, noted that the discussion has focused on the
; trees on Gunnerson and Ulmer, but eleven trees ha~e been removed from
'_' Shrier Drive in the last year. She further noted that she was approached to sell
the trees at her house as well; and stressed the beauty of the trees. She also
noted the problems which exist with vacant houses and overgrown vacant lots.
She fiirther noted that other cities haee been able to prevent the palms from
beingtaken.
Edward Graves, 16748 Gunnerson, commended the direction of the Council
on this issue and suggested it was a matter of rich people and poor people;
with the trees being moved from the Gunnerson area to the Canyon Lake
entrance. He suggested that the electric company should change the wiring to
maintain the trees, because the trees were there first.
Susie Rupnow, 16520 McPherson Circle, noted that the entire neighborhood
needs assistance with this problem. She noted that a number of palm trees
ha~e been sold already and are lost to the area. She suggested a requirement
that if a tree is sold, it should be replaced with a tree of similar size. She
concurred with Mr. Graves that the trees were there befare the electric lines
and should be protected.
Jo Koger, 16640 Arnold Ave., indicated that she has been trying to saee the
trees on Gunnerson and someone should be watching the vacant lots. She
suggested that out of town owners do not know what is happening with their
property; and related an incident where she saw a palm tree on a flatbed truck,
headed out of the area. She noted that Las Vegas is buying as many trees as
possible and noted possible incidents of stealing the trees. She commented
that her brother warked for Edison and had the Lake Elsinore district for ten
PAGE SIX - CITY COITNCIL MINUTES - MARCH 23,1999
years and she expressed wishes that he were still there to prevent the current
problems. She indicated that efforts should be made to raise the wires and
save the trees.
Bill Limebrook, 29444 Kaline Avenue, thanked the people who have
supported sa~ing the palms. He thanked the Councilmembers for their time
on Saturday. He indicated that he was heartsick because of this situation, and
suggested that investigation will prove that people are stealing them. He
concurred that the power lines should be moved, but would support a
moratorium to prevent further trees from being removed. He suggested
moving toward a law against removing them.
Bruce Holland, 17117 Gunnerson, presented a sign noting that many of his
comments had been addressed. He expressed appreciation to Mayor Kelley,
Councilman Schiffner and Public Works Manager Payne for their time and
participation in a solution; noting their concern for the community. He noted
that there were definitely two property owners who were having the trees
removed and they could not be sa~ed. He noted some ambiguities in the
comments by the individuals removing the trees. He indicated that he would
like a moratorium and offered his time to participate in solving the problem.
He also suggested a town hall meeting for input on the situation. He also
indicated that the trees are an attraction to residents and noted the regulations
adopted in other communities. He displayed the softball league pin which
includes the lake, the Ortegas and palm tress as representative of the
community.
Dave Shoulder, 16867 Ulmer, indicated people were stealing trees and are
very arrogant about it. He noted that they are hearing a different story every
day and throwing City staff names around and saying that the trees will be
removed by the City anyway. He stressed the number of trees that are stolen
and indicated that the City does ha~e the right to say what people can do with
their private property. He also offered to participate on further meetings to
resolve the problems.
Mayor Kelley requested clarification of the ability to impose a moratarium.
City Attorney Leibold indicated that a moratorium does bring a concern for
private property rights and she would need to investigate it further; however
she would not be comfortable with adopting a moratorium at this point. She
noted the current concerns and suggested that she could bring back an
ordinance to strengthen the current procedure. She highlighted the types of
constraints which could be imposed with regard to soil compaction
requirements, title searches, working hours, etc.; but reiterated that an absolute
prohibition does raise some concerns. She noted that this matter arose in the
last two days, but she would investigate it further.
Mayor Kelley noted the City of Glendale ardinance. City Attorney Leibold
commented that the Glendale ordinance is rather strong for permitting
removal, but it is not a prohibition against the removal of trees. Mayor Kelley
PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 23,1999
questioned the City of Thousand Oaks ordinance. Community Services
Director Sapp indicated that ordinance provides protection for the endangered
species listed Oak trees, which are also federally protected.
Mayor Kelley summarized the concerns, but stressed that the City Attorney is
willing to look into it quickly and retum with appropriate verbiage to the
Council.
Councilwoman Brinley questioned the ability to place a short term moratorium
on the removals. City Attomey Leibold indicated that it would be her
preference to add the matter to closed session for discussion, but would not
support imposition of a moratorium at this meeting. Mayor Kelley stressed the
concerns of the Council and the legal requirements to protect private property
and the public right-of-way.
City Manager Watenpaugh indicated that if people believe that trees are being
stolen, he would appreciate calls to his office so he can send staff out to
investigate and take whatever action is possible to address the problem. He
stressed that if the residents will be the eyes and ears for the City, the City will
follow through. Councilman Pape suggested that if anyone had evidence of
__ stolen trees, they could provide the evidence to the Police Chief at this
meeting. Councilwoman Brinley indicated that if people say they are warking
with the City, it should raise a red flag for the residents.
Councilman Metze supported collecting ardinances from other cities and
holding a town hall meeting to discuss the options for direction; noting that
possibly this meeting could be held prior to the council taking action. City
Manager Watenpaugh concurred and noted that staff could haee something
drafted rather quickly. Councilman Metze suggested that a few of the
residents could be contacted about the meeting, so they could spread the word
to other residents.
City Attorney Leibold indicated that it was important to underscore the City's
regulatory ability on private property, which is separate from the City's
preservation policy. She stressed that the trees are being moved instead of
being topped. She further stressed that the City cannot control which trees are
to be topped, but did adopt a policy to relocate the trees to other rights-of-way.
City Attorney Leibold also indicated that a Notice of Exemption for CEQUA
requirements had been recorded.
Mayor Kelley summarized the proposed action being that the City Attorney be
directed to draft an ordinance and draft a letter to absentee landowners in the
area encouraging them not to sell their trees. She requested that the City
Attorney proceed as soon as possible ensuring that public safety, hours of
operation, eta are addressed.
Councilwoman Brinley questioned the date for the workshop.
PAGE EIGHT - CITY COiJNCIL NIINUTES - MARCH 23,1999
Councilman Pape noted that no action could be taken at a worlcshop and
indicated that it should be considered at a Council Meeting. Mayor Kelley
suggested a Special Council Meeting could be called for this action.
MOVED BY SCH1I'FNER, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO DIRECT THE CITY ATTORNEY TO DRAFT AN
APPROPRIATE ORDINANCE, AUTHORIZE THE MAYOR TO SEND A
LETTER TO THE ABSENTEE LANDOWNERS AND SCHEDULE A
SPECIAL CTTY COUNCIL MEETING AS SOON AS THE MATERIALS
ARE READY.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:12
P.M.
THE CITY COUNCIL MEETING RECONVENED AT 8:29 P.M. WITH ALL
MEMBERS PRESENT.
CONSENT CALENDAR ITEMS
The following item was pulled from the Consent Calendar for further discussion
and consideration: _.
Item No. 5
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
1. The following Minutes were approved:
a. Regular City Council Meeting - March 9, 1999. (F:44.4)
b. City Council Study Session - March 11, 1999. (F:44.4)
2. Ratified Warrant List for March 15, 1999. (F:123)
3. Received and ordered filed the Investment Report for January, 1999.
(F:12.5)
4. Adopted Resolution No. 99-13 Adopting Amended City Council Policy Nos.
100-4, 100-9, 200-4, 200-9, 300-3, 300-4, 400-1, 400-5 and 400-6. (F:120.1)
RESOLUTION NO. 99-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING REVISED COUNCIL
POLICIES.
PAGE NINE - CITY COUNCIL MINUTES - MARCH 23,1999
6. Received and ordered filed the January/February Monthly Report on the
State C.O.P.S. Grant. (F:84.8)
7. Accepted Notice of Completion for the Reroofing of the Lake Community
Center, and authorized the City Clerk to record the document. (F:643)
PUBLIC HEARING
21. Commercial Project No. 98-5, Zone Change No. 98-6 for "Weinerschnitzel
& Jiffy Lube" Located on 301 and 311 Summerhill Drive - APN 363-100-
031. (F:58.2)(X:172.2)
MOVED BY METZE, SECONDED BY BRINLEY TO CONTINUE THIS
ITEM TO APRIL 27,1999, PURSUANT TO THE STAFF REPORT
RECOMMENDATION.
Community Development Director Brady indicated that staff is working with
the applicant on this project and would like to bring it baclc to the neat City
Council meeting on April 13~`. He indicated that staff would renotice the
hearing, if the details are worked out for April 13~`.
'' WITH THE CONSENT OF THE SECOND, THE MAKER OF THE MOTION
~ AMENDED THE CONTINUANCE TO APRIL 13, 1999. TFIE MOTION
CARRIED BY UNANIMOUS VOTE.
22. North Peak Specific Plan Amendment No. 2, General Plan Amendment No.
98-2, "A" Tentative Tract Map No. 28888. And Environmental Impact
Report No. 98-2 (TMC Communities~. (F:150.2)
City Manager Watenpaugh provided an overview of the proposed amendment.
Community Development Director Brady detailed the item far consideration,
and noted that there had been three joint study sessions with the Plamiing
Commission and the applicant has held two meetings in the community to
address concerns of the residents. He advised that the Planning Commission
recommended approval of the project and provided a detailed summary of the
past considerations of this item and the site configurations. He detailed the
most recent changes to the dwelling unit count, the design and access routes.
He detailed the changes which were made pursuant to the Planning
Commission consideration and changes which were made subsequent to the
Planning Commission meeting during discussions between staff and the City
Attorney. He further noted that there have been several other minor
modifications and deferred to Assistant City Attorney McClendon to present
those changes. Mr. McClendon noted that there were two changes to clarify
condition #14 regarding the habitat and conservation plan and condition #27
regarding correspondence with the Army Corps of Engineers. He read the
two conditions as follow:
PAGE TEN - CITY COUNCIL MINUTES - MARCH 23,1999
14. Future Development shall comply with the proj ect's Development
Habitat Conservation plan and any Habitat Conservation Plan
which may be implemented with respect to the Conservation
Bank area.
27. Prior to the approval of the first "B" Final Tract Map, the
Applicant, a Joint Powers Authority or other appropriate entity
shall acquire all necessary and required right-of-way along
Nichols/El Toro Road to ensure that Nichols/EI Toro Road is
properly widened and improved to service the project. The
Applicant shall agree in writing to pay for all cost incurred in
connection with the acquisition of all required right-of-way,
including (without limitation) attorney fees, costs associated with
the formation of a Joint Powers Authority, etc.
Mr. McClendon also noted a change in one of the environmental mitigation
measures, and deferred to Environmental Consultant Tom Ryan for that
information.
Tom Ryan, Environmental Consultant, noted that there are fourteen identified
cultural resources which ha~e been identified in the E.I.R.; and three were
designated for potential listing as protected. He eaplained that the E.I.R.
allowed for mitigation of two sites, but one of the sites would be unavoidably
altered by the development. He advised that a decision had been made
through consultation with the applicant and federal agencies to preserve all
three sites; and suggested the following modification to the language for that
preservation. Mr. Ryan read the proposed verbiage change for mitigation
measure 9-1, sub-item 3 as follows:
3. Sites Riv-2748, Riv-2749, and Riw2750, located in project
Phase 2, collectively malce up a significant prehistoric district.
The Applicant shall fund application and processing for listing on
the National Register of Historic Places. Important features of
the district shall be preserved through aeoidance. Sites Riv-2748
and Riv-2749 will not be subject to permanent
development impacts and will be preserved through either
avoidance or capping. Site Rive-2750 (I~, located at the
Conservation Bank/development area fringe, shall be protected
from disturbance. Prior to issuance of grading permits, a
qualified archaeologist shall be retained by the Applicant or
builder to stake Riv-2750 and to assist with the erection of
suitable construction flagging or other protective barrier to ensure
this site is a~oided during grading activities. Grading in the
vicinity of these sites shall be monitored by a qualified
archaeologist.
PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 23,1999
Assistant City Attomey McClendon, clarified the rearrangement of conditions
noting the new items 41 and 42. He also noted that there are additional
resolutions required for approval and detailed the approval process.
Mayor Kelley opened the public hearing at 8:40 p.m.
Todd Olson, representing TMC Communities, indicated that he was happy and
proud to bring this amendment forward. He noted the model of the project
displayed at this meeting and stressed the magnitude of the project. He
commended the eatensive work completed by City staff in cooperation with
TMC staff, and thanked everyone for the progress to date. He noted the
presence of the TMC team and offered to answer any questions in lieu of a
formal presentation.
Steve Ross, planning consultant representing TMC communities, noted that
this amendment as proposed is the culmination of a long and rigorous process.
He indicated that he believes that it is the responsibility of the project team to
communicate the potential impacts and the measures being taken to minimize
or avoid the impacts completely. He advised that they have met twice with the
Warm Spring's community and other community members, with each of the
meetings being followed by a letter from TMC responding to the questions and
concerns raised by the public. He indicated that as a result of the outreach
program there are some people who are in favor of the project and noted the
letters of support and petitions supporting the project. He addressed the last
minute refinements to the project, particularly with regard to the significant
archeological sites which are being preserved. He noted correspondence from
the California lndian Legal Services and noted their participation in the
planning process; noting TMC's support of the Pechanga Indian role in the
discussions.
Randy Hampala, 27560 Lindell Road, indicated that he owns three houses in
the area and about 120 acres in the area. He advised that he was speaking on
behalf of three families who will be impacted by the project and feel it is very
nice, very clean and very nice for the City. He noted that they do have a few
concems, which could be corrected. He noted that the neighborhood off El
Toro Road at Lindell has a lot of children who might be in danger from
increased traffic, but suggested that a stop sign would prevent problems. He
further noted the existing traffic problems caused by the high school, and
suggested that the access be changed. He also noted concerns for the fire
hazard and suggested that the area was already at a high risk.
Jill Demos, 10720 Hepburn Circle, Culver City, indicated that she is a new
property owner in Steele Valley directly north of the project; and is currently
building a house on Christmas Tree Lane about a mile to the north. She
advised that she fully supports the proposed project and has met with the
developer and seen the plans. She commented that it is a well planned project
which will enhance the area and stimulate economy.
PAGE TWELVE - CITY COUNCIL MINUTES - MARCH 23,1999
Gary Grant, representing the Meadowbrook Community of Interest, indicated
he was present to support preservation of community. He eaplained that the
most important part of his complaint is on page 38 of the EIR, item 4.3
regarding endangered species. He indicated that this is not being addressed
tl~rough the Fish and Wildlife Service, noting that the whole eastern section
contiguous with the Meadowbroolc area is going to be a perpetual wildlife
area. He requested consideration of the fact that it is an annexation and the
City is responsible for the area contiguous to the wildlife area. He stressed the
need for support for building a future road.
Lois Mueller, 28462 El Toro Road, detailed her location and noted that 22
children live on her portion of the road. She indicated that she has continually
requested another access due to the impact of the school. She noted that a
traffic count was taken for about a day and a half and was not a good
sampling. She stressed that this project will have significant impacts on their
neighborhood.
Laura Miranda, 29605 Solana Way, Temecula, attorney for the Pechanga Band
of Luiseno Indians, indicated that they have been talking with TMC
representatives and City staff discussing Pechanga involvement in the project.
She stated that the Pechanga Band has an active cultural resources committee
with trained monitors, and have worked successfully in preserving sites.
Councilwoman Brinley requested that the correspondence be entered into the
record. City Clerk Kasad identified three pieces of correspondence, being a
letter from Gene Frick, the Luiseno Indians and Lois Mueller.
Gene Frick, noted that his comments had been presented in writing and
requested continuance of this hearing. He noted that significant changes are
still being entered, and suggested that more time be allowed for responses. He
detailed his opposition to this project and recommended recirculation of this
EIR to comply with CEQUA requirements. He indicated that there was new
information which should be presented for public participation and comments.
He noted that the project was proposed in a high fire hazard area which has not
been fully analyzed or mitigated. He further noted that the issue of water for
the golf course had not been addressed. He questioned portions of the
handbook, stressing that there are significant impact requirements for
recirculation of the EIR. He indicated that he would like the Council to
eapress how they feel about the development in the high fire hazard area with
10 to 20 minute response times. He also suggested that they address the
approval of a gated community.
Hearing no further requests to speak, Mayor Kelley closed the public hearing
at 9:05 p.m.
Councilwoman Brinley requested that Mr. Olson address Mr. Frick's
comments, noting a letter from TMC regarding fire response.
PAGE THIl2TEEN - CITY COUNCIL MINUTES - MARCH 23,1999
Steve Ross, addressed the fire safety issue and response times, noting that this
matter has been raised several times and responded to in significant detaiL He
clarified that the North Peak Project will bring in a number of features which
will contribute to increased fire safety. He clarified that the project increases
access to the area through Nichols Road, provides fire safety water supplies
and fire hydrants along Nichols Road. He stressed the high levels of irrigation
and other water features, in connection with the substantial expanse of
greenery, being irrigated golf course land. He stressed that in looking at the
big picture, the project brings irrigation in to establish a wet zone which does
not presently exist. He noted that the response times from the Graham Street
and Good Hope Fire Stations are within an adequate range to prevent the need
for an additional station; highlighting the complete detail as described in pages
13 to 16 of the EIR. He clarified the a~erage rural response times vs. the
actual response times.
Councilwoman Brinley questioned the El Toro Road issue with traffic. Mr.
Ross showed a slide and clarified the proposed traffic configuration. He noted
the portion of El Toro Road addressed by Mrs. Mueller, and eapressed
sympathy for her concerns, but stressed that there are certain e~sting
conditions which are less than desirable. He indicated that the infrastructure
improvements which will be included in the project will help to mitigate some
of the concerns. City Manager Watenpaugh noted that the City
Councilmembers and City staff took a tour of the site and one issue discussed
was how the County could work with the City to mitigate concerns and they
are open to that discussion. Councilwoman Brinley stressed that the
surrounding area is a County area and addressed Mr. Frick's concerns with the
hillside grading, noting the need to clarify these issues. Mr. Ross noted Mr.
Frick's comments regarding the handbook and offered to modify the final
document as needed.
Roger Grable addressed the discussion of a need to recirculate the EIR, and
clarified the CEQUA process requirements. He clarified -that there was no
new information outside the CEQUA process, and all information was made
available in the public record far 66 days. Councilwoman Brinley requested
confirmation that the City had met the requirements. Mr. Grabel confirmed,
indicating that no new impacts are described and everything has been fully
disclosed.
Councilwoman Brinley requested clarification of Mr. Frick's comment
regarding water for the golf course. Mr. Ross indicated that based on their
information they believe there is adequate water available.
Jim Resney, representing TMC, indicated that the water for the golf course
will be non-potable water provided by Westem Municipal to EVMWD and by
EVMWD to the golf course through an existing line which is to be improved.
Councilwoman Brinley thanked TMC for clarification of this issue.
Councilman Schiffner reminded the concerned people that the Council is not
discussing whether to approve or disapprove the project, as it was already
PAGE FOURTEEN - CITY COUNCIL MIlV UTES - MARCH 23,1999
approved in February of 1991; with this consideration being for approval of an
amendment. He indicated that the Council actually has an option of
approving one of two projects being this amendment or the existing approved
project. He commented that this amendment is far superior and the best of two
options presented.
Councilman Pape noted that most of his items of concern have been
mentioned. He noted that there has been tl~ree study sessions on this item
already with Planning Commission and Public Participation. He further noted
that the applicant held two community meetings. He reiterated that this is
already an entitled project from 1991 for a 4,600 home project and the
amendment for only 1,200 homes which is much better for the community.
He stressed that the current approval is for four times the density now
proposed. He concurred that there is a traffic problem before and after school,
but indicated that by paving the road and punching another one through a lot
of the pressure will be relieved. He addressed the issue of enough time for
input on the project and clarified that the City has been reviewing the
amendment for about a year and offered adequate time for input. He indicated
that the EIR was circulated for longer than the legal requirement.
Mayor Pro Tem Metze concurred that many months ha~e been spent working
on this project with the Planning Commission. He indicated that the water
district will not guarantee water in a multiple year drought. He addressed the
issue of a gated community and indicated that he was not adamantly opposed
since the gates will be open during daylight hours. He noted the advantage of
having maintenance done by the homeowners association. He indicated that
he started this review with a number of concems, but is now down to two or
three issues. He addressed page 25 of the Specific Plan document, noting
confusion with regard to allowing the 1,000 square foot homes on 5,000 or
6,000 square foot lots. He addressed single family vs. estate lots and
suggested that the verbiage was contradictory and should show more a stair
step progression in lot sizes. Mr. Olson clarified that the 1,200 square foot
number is a minimum, but it comes straight from the City standards. Mayor
Pro Tem Metze questioned if a higher number could be used since an estate lot
would generally be larger. Mr. Olson suggested 1,500 square foot units as a
minimum for estate lots. Mr. Metze concurred. Mr. Metze addressed page
112 noting that it still doesn't reference the Municipal Code on wood fence
standards and stressed the need for the verbiage to include "....to LEMC
standards." Councilman Schiffiier noted that there are general wood and
fence guidelines. Mr. Metze stressed that he wants them built to City
standards. Mr. Ross clarified that there were basic fence standards in the
specific plan. Mr. Metze stressed that the standard wood fence materials are
not addressed in the specific plan; and suggested that the project should
comply with the regulations at the time the permits are issued. City Attorney
Leibold clarified the rules in place at the time of the development agreement.
Mr. Metze stressed that he would like the requirements spelled out in this
material, with it tied to the issuance of the permit. City Attorney Leibold
PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 23,1999
noted that her earlier comment was with regard to approval of the final tract
map.
Mayor Pro Tem Metze addressed page 137 and noted the need for a change to
1,500 square feet; and stressed the need to reflect that number throughout the
document. He thanked TMC representatives for their patience in working
with the Council and staff to enhance the proposed project and build
something positive for the community. Mr. Ross also expressed appreciation
for the level of cooperation they had experienced.
Mayor Kelley expressed her appreciation for the comments by the other
Councilmembers and reiterated that this plan was already approved in 1991,
and this proposal is a mare desirable amendment. She indicated that she
appreciates Condition #29 with regard to making the City whole on fiscal
impacts. She noted that there is also a condition on the mitigation of school
use fees, etc. She eapressed appreciation to Mr. Metze for his thoroughness in
reviewing the project, noting the exhaustive nature of this process. She
commented that it has been a long process and they have ended up with a very
nice project for the community, and an improvement over the 1991 project.
Assistant City Attorney McClendon, addressed Mr. Frick's concern with
regard to the handbook; and clarified that the information appears in the
consistency table under policy 3.1.2, and quoted the section. He explained that
the section encourages adoption of mitigation measures which are
incorporated into the plan; and staff has incorporated it into the Specific plan
under land use.
MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 99-14, CERTIFYING
THE ENVIRONMENTAL IMPACT REPORT:
RESOLUTION NO. 99-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAI~
ELSINORE, CALIFORNIA, CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT NO. 98-2.
MOVED BY BRIlVLEY, SECONDED BY METZ~ AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 99-15 APPROVING
THE GENERAL PLAN AMENDMENT:
RESOLUTION NO. 99-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 98-2 - TMC COMMLINITIES.
PAGE SIXTEEN - CITY COUNCIL MINLJTES - MARCH 23,1999
MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT ORDINANCE
NO. 1043 UPON FIRST READING BY TITLE ONLY, APPROVING NORTH
PEAK SPECIFIC PLAN AMENDMENT NO. 2, SUBJECT TO THE
MODIFICATIONS REQUESTED BY MAYOR PRO TEM METZE AND
CHANGES SUGGESTED BY THE CITY ATTORNEY, SUBJECT TO THE
FOLLOWING CONDITIONS OF APPROVAL:
ORDINANCE N0.1043
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING NORTH PEAK SPECIFIC
PLAN AMENDMENT NO. 2.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BRINLEY, METZE, PAPE,
SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 99-16:
RESOLUTION NO. 99-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING "A" TENTATIVE TRACT
MAP NO. 28888 - TMC COMMIJNITIES.
CONDITIONS OF APPROVAL - PLANNING DNISION
1. The Draft North Peak Specific Plan Amendment No. 2 shall be revised to
incorporate any corrections and changes required by the Planning Commission
and City Council. A Final North Peak Specific Plan Amendment No. 2
document shall be submitted 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 North Peak Specific Plan
Amendment No. 2 document and any required revisions are administratively
approved by the Community Development Director or designee.
2. Future development shall comply with those standards and guidelines contained
in the Development Concept Plan, Open Space/Recreation Concept Plan,
Circulation Concept Plan, Grading Plan, Public Services/Infrastructure Concept
Plan, Community Structure Concept Plan, Development Standards, and
PAGE SEVENTEEN - CITY COUNCIL MINUTES - MARCH 23,1999
Implementation Plan as presented in the North Peak Specific Plan Amendment
No. 2 document.
3. Those development regulations, standards, guidelines, etc., not addressed in the
North Peak Specific Plan Amendment No. 2 document, or vested or fixed by
the North Peak Development Agreement, will revert to the City Municipal
Code and/or Zoning Code at the time building plans are submitted for future
proj ects.
4. Prior to approval of each "B" Tentative Tract Map, the Applicant shall provide
the City with a Detailed Phasing, Improvement, and Financing Plan. Said Plan
shall describe all on- and offsite roadway and utility improvements and public
services necessary to accommodate buildout of that particular Tentative Tract
Map and phase. Said Plan shall also describe when the improvements and
public services will be provided, how they will be maintained, and recommend
• feasible funding mechanisms and sources.
5. The Applicant shall submit with each "B" Tentative Tract Map, a Development
Monitoring Report. Said report shall be prepared in accordance with those
provisions described in the North Peak Specific Plan Amendment No. 2
document.
6. A minimum of 75 percent of the proposed single-family detached lots that are
in the 5,000 to 6,000 square foot range must either:
Have their rear yards adjacent to the golf course(s), designated Open Space
areas, or the Conservation Bank; ar
Have the elevation of the lot (at the rear of the lot) be at least 22 feet higher
than the adjacent residential lot.
It should be noted that, pursuant to Section 10.B4 of the North Peak Specific
Plan Amendment No. 2 document, these are approximate sizes and some of
the lots may exceed 6,000 square feet on the final "B" Tentative Tract Map,
but none shall be less than 5,000 square feet.
7. The Applicant shall participate in the City of Lake Elsinore Citywide
Landscaping and Street Lighting District.
8. All open space and slopes outside the public right-of-way shall be owned and
' maintained by either a master homeowner's association, private owners, or
other methods found acceptable to the City and Applicant.
9. The Applicant shall provide all project-related on-site and offsite improvements
as described in the North Peak Specific Plan Amendment No. 2 document.
PAGE EIGHTEEN - CITY COUNCIL MINUTES - MARCH 23,1999
lO.Prior to issuance of building permit, the Applicant shall dedicate parkland or
pay all required parkland dedication in-lieu-of fees as required by State law and
City requirements.
11.A Conceptual Landscape Plan shall be prepared and submitted with each "B"
Tentative Tract Map. Said Conceptual Landscape Plan shall present the overall
theme and give special regard to the streetscape, fencing and walls, entry
monumentation, signage and lighting. Said Conceptual Landscape Plan shall be
prepared in accordance with the Community Structure Concept Plan contained
in the North Peak Specific Plan Amendment No. 2 document.
12.Prior to issuance of building permit, a Fuel Modification Plan and Program
shall be approved by the Fire Department. Said Plan and Program shall show
those special treatments necessary to achieve an acceptable level of risk in
regard to the exposure of structures to flammable vegetation and shall describe
the method of removal and installation, and provisions for maintenance.
13.The Applicant shall implement those mitigation measures identified in the
Mitigation Monitoring Program adopted with the Final Environmental Impact
Report No. 98-2.
14.Future development shall comply with the project's Development Habitat
Conservation Plan and any Habitat Conservation Plan which may be
implemented with respect to the Conservation Bank area.
15.Provisions of the City's Noise Ordinance shall be satisfied during all site
preparation and construction activity.
16.The Applicant shall obtain all necessary State and Federal permits, approvals,
or other entitlements, where applicable, prior to each phase of development of
the project.
17.Prior to approval of each "B" Tentative Tract Map, the Applicant shall prepare
a geotechnical report for City Engineer approval. The geotechnical report will
assess potential soil-related constraints and hazards such as slope stability,
settlement, liquefaction, or related seismic impacts where determined to be
appropriate by the City Engineer. The report will also include evaluation of
potentially expansive soils and recommended construction procedures and/or
design criteria to minimize the effects of these soils on proposed development.
18.Prior to the issuance of any grading permits, the Applicant shall submit a final
grading plan, subject to all requirements of the City Grading Ordinance to the
City Engineer for approval. Said grading plan shall address those grading
standards and guidelines contained in the North Peak Specific Plan Amendment
No. 2 document.
19.Grrading shall not be permitted outside the area of the designated project
boundary unless appropriate approvals have been obtained.
PAGE NINETEEN - CITY COUNCIL MINUTES - MARCH 23,1999
20.Prior to issuance of a grading permit, grading and construction plans shall
incorporate erosion control measures.
21.Design of the North Peak Specific Plan Amendment No. 2 shall meet all
Riverside County Fire Department standards for fire protection and any
additional requirements requested by the County Fire Department.
22.The Applicant shall comply with the following City programs: the City Source
Reduction and Recycling Element and Household Hazardous Waste Element,
the County Solid Waste Management Plan and Integrated Waste Management
Plan.
23.Prior to issuance of building permit, the Applicant shall submit a letter of
verification (will-serve letter) to the City Engineer, for all required utility
services.
24.A11 future development including Tentative Tract Maps shall be consistent with
the design standards and guidelines contained in the North Peak Specific Plan
Amendment No. 2.
25.A11 future development is subject to the City of Lake Elsinore Design Review
' process.
26.A11 future proposals shall be reviewed by the City on a project-by-project basis.
If determined necessary by the Community Development Director or designee,
additional environmental analysis will be required.
27.Prior to the approval of the first "B" Tentative Tract Map, the Applicant, a Joint
Powers Authority or other appropriate entity shall acquire all necessary and
required right-of-way along Nichols/El Toro Road to ensure that Nichols/El
Toro Road is properly widened and improved to service the project. The
Applicant shall agree in writing to pay for all costs incurred in connection with
the acquisition of all required right-of-way, including (without limitation)
attorney fees, costs associated with the formation of a Joint Powers Authority,
etc.
28.Prior to approval of any "B" Tentative Tract Map filed within the North Peak
Specific Plan area, the affected landowner or developer shall be required to
demonstrate compliance with State law relating to school impact mitigation.
29.Prior to issuance of first building permit, the Applicant shall enter into an
agreement with the City that requires the project to make the City whole by
paying to the City in advance of each year an amount sufficient to offset the
negative fiscal impacts which the City projects will result in the upcoming year
from the project. Said agreement may take the form of Applicant's
participation in an Annual Special Tax Assessment ar other arrangements.
PAGE TWENTY - CITY COUNCIL MINUTES - MARCH 23,1999
ENGINEERING DIVISION
30.Rolled curb may be used in interior streets of the North Peak SPA No. 2 area.
Streets shall be maintained by a Homeowners Association. Rolled curbs will
not be permitted along offsite roads, including Nichols Road and El Toro Road.
31.Education guidelines and Best Management Practices (BMP) shall be provided
to residents of the project 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 in accordance with
the goals of the BMP in Supplement "A" in the Riverside County NPDES
Drainage Area Management Plan.
32.Underground water rights shall be dedicated to the City of Lake Elsinore
pursuant to the provisions of Section 16.52.030 of the Lake Elsinore Municipal
Code, and consistent with the City's agreements with the Elsinore Valley
Municipal Water District.
33.A11 parcels shall have access to public right-of-way or be provided with a
minimum 30-foot ingress-egress easement for public right-of-way purposes, to
be recorded with the "A" Tentative Tract Map No.28888 or by separate
instrument. This includes parcels that are not a part of the "A" Tentative Tract
Map.
34.The Applicant shall provide an appropriate bond for monumentation, unless
sufficient survey information exists on filed maps to locate and retrace the
exterior boundary lines of the "A" Tentative Tract Map.
35.The proposed conservation bank shall be part of the "A" Tentative Tract Map.
This is a condition of approval for North Peak Specific Plan Amendment No. 2
and General Plan Amendment No.98-2, but not Tentative Tract Map
No. 28888.
36.A11 open space and slopes except for public parks and schools and flood control
district facilities, outside the public right-of-way shall be owned and maintained
by either a Homeowners Association or private property owner.
37.Street widths and cul-de-sac lengths shall be approved by the Riverside County
Fire Department prior to final map approval.
38.The City shall maintain public facilities in dedicated public right-of-way or
easements dedicated to the City within City boundaries. Private streets shall be
maintained by a Homeowners Association and not the City. Dedicated public
right-of-way within Riverside County shall be maintained by Riverside County
unless an agreement is executed between the City and County stating that the
City will maintain dedicated public right-of-way in the County.
PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MARCH 23,1999
39.Approval of Tentative Tract Map No. 28888 is for financing and sale purposes
only. No building permit or construction activity is authorized for lots
established by Tentative Tract Map No. 28888. Property within the Financial
Tract Map shall apply far approval of a"B" Tentative Tract Map prior to any
building or construction activity on the subject site. As part of its review of the
"B" Tentative Tract Map, the City can require amendment to the "A" Tentative
Tract Map, if the "B" Tentative Tract Map creates design and/or development
problems.
40.Prior to the approval of any final map, the Applicant shall pay the drainage fee
established by Chapter 16.72 of the Lake Elsinore Municipal Code.
GENERAL CONDITIONS
41.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 North
Peak Specific Plan Amendment No. 2, General Plan Amendment No. 98-2,
Tentative Tract Map No. 28888, and Environmental Impact Report No. 98-2,
which action is brought within the time period provided for in Califomia
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 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.
; 42.The Applicant shall consent in writing to the North Peak Specific Plan
Amendment No.2 replacing the existing Specific Plan as an "Existing
Development Regulation" in the Development Agreement between the City of
Lake Elsinore and North Peak Partners, LP for North Peak dated August 25,
1992, and recorded in the office of the Riverside County Recorder as
Instrument No.342083, on September 14, 1992 (the "Development
Agreement"). The Applicant shall also consent to having the forgoing 41
' Conditions of Approval supersede in their entirety E~ibit E to the
' Development Agreement; provided, however, that in all other respects, the
Development Agreement (including, without limitation, Article 4 thereo fl is
~ urunodified and remains in full force and effect.
APPEALS
23. Appeal of Conditions of Ap~roval and Waiver of Fees for Minor Desi~n
Review of a 2.400 Square Foot Utility Buildine Located at 15049 Larson
Road - APN 379-080-022. (F:21.1)
PAGE TWENTY-TWO - CITY COUNCIL MINUTES - MARCH 23,1999
Community Development Director Brady provided an overview of the
proposed project and the request for waiver of fees. He noted that application
and request from the applicant which was followed by an analysis of the fees.
He detailed the fees required and the portion of fees for which a waiver is
being sought. He explained that 600 square feet is the trigger for some of the
fees. He noted the concern of the applicants, in that they haee gone forward
with the design and they were not made aware of the fees prior to issuance of
the building permit. He explained that subsequent to this application, staff has
modified the application, so applicants will be notified of the fees up-front. He
e~lained that the late information on the required fees could be a basis for
waiver of the fees. He advised that the only waiver the staff would support
would be the in-lieu fee, while the capital improvement fee should be required
for the project.
Francois Cottet, 15049 Larson, indicated that he received and read the staff
report and concurred with the information presented. He requested the
Council's assistance in this waiver.
George Alongi, 649 Mill Street, indicated that the City has a policy for fees
and should not be deciding who pays the fees and who doesn't. He noted
another individual who was made to pay the fees, and stressed that the
Ordinance is quite clear. He further indicated that he doesn't like the fees, but
they are in place and everyone else has been paying them. He noted another
individual with a hardship who is being made to pay the fees.
Councilman Pape questioned the in-lieu fees vs. street capital improvement
fees. Community Development Director Brady clarified the staff
recommendation; and explained that the only fee suggested for consideration
is the in-lieu fee, but stressed the circumstances of this application.
Councilman Pape asked if the applicant would agree. Mr. Cottet confirmed.
Mayor Pro Tem Metze presented a scenario for building a home and
questioned the repayment of the fees. Community Development Director
Brady indicated that it is a one-time fee. Mr. Metze stressed that a fee must
ha~e been paid in the past under the County's jurisdiction. He indicated that
Mr. Alongi made a good point, but stressed the difference between
commercial and residential development. He indicated that residential
properties should not get hit as hard as commercial properties. Councilwoman
Brinley suggested that this issued be discussed at a future study session.
Community Development Director Brady offered to review the codes and
bring back alternatives.
Councilwoman Brinley concurred with the staff recommendations, but
e~ressed an interest in options for future review.
Councilman Schiffner indicated that he is not normally in favor of waiving
fees, but in this case there are extenuating circumstances. He noted the large
street frontage with no improvements provided by the County. He commented
PAGE TWENTY-TI~E - CITY COUNCIL MINUTES - MARCH 23,1999
on the potential that the City would end up bearing the cost of putting those
streets in, but stressed that the properties should ha~e been addressed up front.
He suggested looking at better altematives for handling the street
improvements, but concurred that the fees in this case should be waived.
Mayor Pro Tem Metze addressed Community Development Director Brady
regarding one-time fees and questioned if the potential existed that the street
capital improvement fees would be paid multiple times. Mr. Brady indicated
that the street capital improvement fee is a one-time fee. There was general
Council discussion of the fees. Mr. Metze suggested that this applicant may
have paid the fees to the County already. Councilman Schiffiier reiterated
that the City may end up with the responsibility for paving the street.
Councilman Pape concurred that the City might be responsible when the street
is paved someday, but noted the large trees on both sides of the street and
indicated that he would not see tearing down the trees to widen the street. Mr.
Schiffner concurred that this road would probably never exceed a small lane.
Councilwoman Brinley stressed the need for alternatives to address situations
such as this.
Mayor Kelley indicated that it was important to consider that the applicant was
_ not aware of the fees at the time of the application and this posed an
ea~tenuating circumstance. She noted that staff is reviewing the process due to
this situation and there is a deficiency in the system which needs to be
corrected.
MOVED BY KELLEY, SECONDED BY BRINLEY TO WAIVE THE IN-
LIEU FEE OF $13,600; WHILE REQUIRING THE APPLICANT TO PAY
THE STREET CAPITAL IMPROVEMENT FEE OF $3,292.
Mayor Pro Tem Metze questioned the drainage fee. Councilman Schiffner
clarified that the drainage fees would not be applicable in the this case.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
BUSINESS ITEMS
31. Citv Council Committee Assignments. (F:44.1)
City Manager Watenpaugh noted that the City Council Assignments were
discussed at last study session and this is the formalization of that discussion.
Mayor Kelley reviewed the Committees as follows:
Joint Powers Insurance Authority - Councilman Pape chose to remain
on that Committee.
Riverside Division League of California Cities - Mayor Kelley chose to
remain on that Committee.
PAGE TWENTY-FOUR - CITY COUNCIL 1VIIl~TUTES - MARCH 23,1999
Riverside County Habitat Conservation Agency - Councilman Schiffner
agreed to serve on that Committee.
Riverside County Transportation Commission - Councilman Pape chose
to remain on that Committee.
Riverside Transit Agency - Councilwoman Brinley chose to remain on
that Committee.
Western Riverside Council of Governments - Councilwoman Brinley
agreed to serve on that Committee. Mayor Kelley noted that this would
also include representation on the WRCOG Program Committee.
WRCOG Habitat Committee - Councilman Schiffner agreed to serve on
this Committee.
Southwest Riverside Economic Development Committee - Councilman
Pape Chose to remain on this Committee.
Chamber of Commerce Economic Development Committee -
Councilwoman Brinley chose to remain on this Committee.
MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY
UNANIIVIOUS VOTE TO CONFIRM THE ABOVE LISTED
APPOINTMENTS.
32. Commercial Project No. 98-7, for "McDonalds Corporation" Located at
18492 Dexter Avenue - APN 377-030-071. (F:58.2)
Community Development Director Brady highlighted the proposed project
which will be located at Deater/74 adj acent to Douglas Burgers, and noted that
the Planning Commission recommended approval. He noted the concerns
with the style of the drive through facilities. He explained that staff was
recommending a compromise with a canopy feature over the drive through
area. He advised that staff will continue to wark with the applicant regarding
screening of the roof equipment.
Debra Kerr, 4655 Cast Street, San Diego, representing the applicant, thanked
the Council for the opportunity to present this proposal and thanked the staff
for their efforts. She explained that she is a consultant to McDonalds for
processing of this proejct. She provided an overview of the due diligence
process and their findings from that process. She indicated that they ha~e met
with staff several times to develop the project; and noted the property which
will be dedicated to the City for street widening.
Rose Bisinski, representing McDonalds, noted that the first restaurant in Lake
Elsinore opened in 1983, and indicated that this owner operated facility would
ha~e the same owner. She noted that there was great support and approval
PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - MARCH 23,1999
from the Planning Commission, and expressed concurrence with all of the
conditions of approval. She presented the new prototype for McDonalds and
explained their efforts to combine the indoor play area with the lower ceiling
restaurant. She further explained that they are using a parapet design to blend
the two levels. She addressed the front of the drive-thru area; and noted that
they have suggested architectural enhancements, and detailed them. She
noted the difficulty in spacing the drive-thru windows and explained the
screening with landscaping. She clarified that they are proposing a very
attractive building which is compatible with the neighborhood.
Councilman Schiffner indicated that this project puts him in a strange position
because he participated on the Planning Commission when this was approved.
He noted the discussion of the two windows and clarified the intent of the
condition which allows the staff to work out a solution. He suggested that he
was now feeling that he needed to rescind his previous approval and
commented that he would be reasonably adamant about that. He further
suggested that there was a solution of moving a window and building one
canopy to lea~e the tile canopy over the other window. He again noted that he
may have erred with his prior approval.
_ Mayor Pro Tem Metze concurred with Councilman Schiffner and noted the
tower in the front of the building and the area being requested for another
tower in the rear of the building. He compared the elevation and indicated
that a trellis is out of the question in his mind; and indicated that he wants to
see the tile. He noted that the City already has a lot of drive-thru restaurants
and most are providing what the City has requested. He questioned the rear
elevation and whether a painted stripe could be included in a similar color, but
noted that the right and front elevations are very nice.
Councilman Schiffiler noted that there is some confusion with regard to the
way the elevations are labeled.
Councilman Pape indicated that it appears that the Council is all on the same
page, and indicated that he understands the necessity to keep the windows
where they are on the wall, so it doesn't make sense to move the windows, but
it would be possible to move the arch over the second window. He concurred
that the two elevations look nice, but a stripe would help the rear elevation to
brighten it and break up the appearance. He indicated that he was more
concerned with the left elevation than the back elevation.
I Councilwoman Brinley agreed with Councilmembers Schiffner, Pape and
Metze, and expressed concern that they are located at an entrance to the City
with freeway visibility. She stressed the need for a more pleasing project.
Mayor Kelley indicated that the overhang defuutely adds to the aesthetics.
She clarified that the City is not requesting anything they ha~e not requested
from other restaurants. She indicated that she was not comfortable with
waiving that requirement.
PAGE TWENTY-SIX - CITY COiINCIL MINUTES - MARCH 23,1999
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT NO. 98-7,
BASED ON THE RECOMMENDED FINDINGS, EXHIBITS "A" THROUGH
"G" AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL
WITH THE CHANGES PROPOSED BY STAFF AND THE REMOVAL OF
TRELLISES FROM CONDITION #27.
Rose Bisinski, questioned the policy with regard to the drive-tl~ru cover, noting that
they did try to cover that issue at the Planning Commission. She addressed the Lake
Elsinore Municipal Code, and indicated that the covering is an unwritten policy. She
noted that the cost of this will be substantial to McDonald's and they are concerned
with making the project stand on its own. She suggested that the requirement will
appear to be tacked on, as it will not tie to anything else. She also noted that the
freeway side of their building will be perfectly flat. Mayor Pro Tem Metze noted that
Douglas Burger was required to turn their building, but expressed understanding that
this was not possible on the McDonald's site. He indicated that the applicant could
build as the Council requested or not at a11.
Councilman Schiffner indicated that he did not feel it would look like an add-on.
Findin s - Desi~ Review
1. Subject to the attached Conditions of Approval, the proposed project is
not anticipated to result in any significant adverse environmental
impacts.
2. The project, as conditioned complies with the Goals, Objectives and
Policies of the General Plan and the Zoning District in which it is
located.
3. This project does not comply with the design directives contained in
Chapter 17.82.060.B.
4. Conditions and safeguards pursuant to Section 17.82.070, including
guarantees and evidence of compliance with conditions, ha~e been
incorporated into the approval of the subject project to ensure
development of the properly in accordance with the Objectives of
Chapter 17.82 and the planning district in which the site is located.
CONDITIONS OF APPROVAL-COMMERCIAL PROJECT NO. 98-7 CUP NO 98-10 &
VARIANCE NO. 99-3
PLANNING DIVISION
1. Design Review approval for Commercial Project No. 98-7 will lapse
and be void unless building permits are issued within one (1) year of City
Council approval. An extension of time, up to one (1) year per extension,
may be granted by the Community Development Director prior to the
PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - MARCH 23,1999
eapiration of the initial Design Review approval upon application by the
developer one (1) month prior to expiration.
2. These Conditions of Approval shall be reproduced upon Page One of the
Building Plans prior to their acceptance by the Building and Safety Division.
3. All site improvements shall be constructed as indicated on the approved site
plan and elevations. Revisions to approved site plans or building elevations
shall be subject to the discretion of the Community Development Director.
All plans submitted for Building Division Plan Check shall conform with the
submitted plans or as modified by Conditions of Approval, or the Planning
Commission through subsequent action.
4. Materials and colors depicted on the elevations and Materials Board shall be
used unless modified by these conditions, Community Development
Director or his designee.
5. Prior to issuance of any building permits, the applicant shall sign and
complete an "Acknowledgement of Conditions" and shall return the
executed original to the Community Development Department for inclusion
in the case records.
6. Applicant shall meet all Conditions of Approval priar to the issuance of a
Certificate of Occupancy and release of utilities.
7. Applicant is to meet all applicable City Codes and Ordinances including
State handicap requirements.
8. Applicant is to meet all Riverside County Health Department requirements
9. Applicant is to meet all Riverside County Fire Department requirements.
lO.No outdoor storage shall be allowed.
11.Trash enclosures shall be constructed per City standards as approved by the
Community Development Director or designee, prior to issuance of
Certificate of Occupancy.
12.A11 roof ladders and electrical panels shall be located within the interior of
the building or in specially designed areas concealed from public right-of-
way view.
13.Applicant shall use roofing materials with Class "A" fire rating.
14.Brick pavers or texture pa~ement treatments shall be located at the driveway
approach and crosswalks.
PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - MARCH 23,1999
15.A11 roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be architecturally
screened so that they are not visible from neighboring property, and public
streets. A screening plan, addressing screening Interstate 15 shall be
provided and approved by the Community Development Director or
designee prior to issuance of building permit.
16.A11 exterior down-spouts shall be constructed within the interior of the
building or concealed from public right-of-way view.
17.The final landscaping/irrigation plan are 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 and Inspection Fee will be charged for this service.
a) All planting areas shall have permanent and automatic sprinlcler
system with 100% plant and grass coverage using a combination of
drip and conventional irrigation methods.
b) The applicant shall plant street trees selected from the City's Street
Tree List, a maximum of thirty feet (30') apart and at least twenty-
four inch (24") box. On areas were screening, is necessary trees shall
be at least thirty six-inch (36") box size.
c) All planting areas shall be separated from paved areas with a six inch
(6") high and six inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be no
higher than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parking lot
shade tree to provide for 50% parking lot shading in fifteen (15) years.
fl Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
g) The landscape plan shall provide for ground cover, shrubs, and trees
and meet all requirements of the City's adopted Landscape Guidelines.
Special attention to the use of Xeriscape or drought resistant plantings
with combination drip irrigation system to be used to prevent
excessive watering.
h) A bond for 100% of material and labor for two (2) years from the date
of Certificate of Occupancy shall be provided by the applicant.
i) All landscaping and irrigation shall be installed within affected
portion of any phase at the time a Certificate of Occupancy is
PAGE TWENTY-NINE - CITY COUNCIL MINUTES - MARCH 23,1999
requested for any building. All planting areas shall include plantings
in the Xeriscape concept, drought tolerant grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
1) Final landscape plans shall incorporate water conservation and meet
the AB 325 Standards.
18.A11 exposed slopes in excess of three feet (3') in height shall ha~e a
permanent irrigation system and erosion control vegetation installed,
approved by the Planning Division.
19.The project shall connect to sewer and meet all requirements of the Elsinore
Valley Municipal Water District (EVMWD). Applicant shall submit water
and sewer plans to the EVMWD and shall incorporate all district conditions
and standards.
20.A11 exterior on-site lighting shall be shielded and directed on-site so as not to
_ create glare onto neighboring property and streets or allow illumination
above the horizontal plane of the fixture.
21.A11 loading zones shall be clearly marked with yellow striping and shall
meet City Standards for loading zones.
22.Planning Division shall approve all trailers utilized during construction.
Appropriate bonds shall be posted to insure removal of all trailers at
development completion.
23.On-site surface drainage shall not cross sidewalks.
24.A11 vending machines, tables, kid's rides, newspaper racks, telephones and
similar devices, if proposed, shall be concealed from view with a structure
consistent with the building design. These items shall be approved by the
Community Development Director or designee prior to their installation.
25.The applicant shall submit a graffiti removal program. This program shall
include methods for immediate graffiti removal and shall be subject to the
approval of the Community Development Director or Designee.
26.Bicycle racks shall be provided adjacent to the restaurant. Placement, design
and quantity shall be indicated on the final landscape plan, and subject to the
approval of the Community Development Director or designee, prior to the
issuance of building permits.
PAGE THIRTY - CITY COUNCIL MINUTES - MARCH 23,1999
27.The applicant shall submit revised plans showing design options for the
drive thru windows. Options may include a covering at these locations or
the addition of tile on the awnings currently shown on the plans.
ENGINEERING CONDITIONS
28.A11 Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to building permit.
29.Dedicate underground water rights to the City (LEMC 16.52.030). The
document can be obtained from the Engineering Division.
30.Dedicate sufficient right-of-way along the frontage of Dexter Ave. to
provide for a future 100 ft. wide street (50 ft. half-section) with a 1600 ft.
radius to the City prior to issuance of building permit.
31.Public right-of-way dedications shall be prepared by the applicant or his
agent. Deeds shall be submitted to the Engineering Division for review and
approval prior to issuance of building permit.
32.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-
26).
33.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 applying for a building
permit.
34.Construct all public works improvements per approved street plans (LEMC
Title 12). Plans must be approved and signed by the City Engineer prior to
issuance of building permit (LEMC 16.34).
35.Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed
to Riverside County Road Department Standards, latest edition, and City
Codes (LEMC 12.04 and 1634).
36.The applicant shall furnish a signing and striping plan for Dexter Ave. and
Crane St., subject to the approval of the City Engineer.
37.Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division for construction of off-site public works improvements
(LEMC 12.08, Res. 83-78). All fees and requirements for an encroachment
permit shall be fizlfilled before Certificate of Occupancy.
38.The applicant shall obtain any necessary CalTrans permits and meet all
CalTrans requirements.
PAGE THIRTY-TWO - CITY COUNCIL MINUTES - MARCH 23,1999
City Attorney Leibold explained that the proposed agreement to operate,
acknowledges the public benefits of the Storm playing at the Stadium; and
~ approves payment to the Storm in compliance with certain covenants in the
agreement. She explained that the payments are measured by admissions taa~es
if any, levied by the City. She clarified that there is no consideration or
current proposal for the City to adopt ar enact an admissions tax; and the
Storm has indicated that they are still interested in playing at the diamond and
entering a binding contractual agreement. She eaplained that this a 14 year
operating agreement with Lakeside Sports and Entertainxnent. She stressed
that the City has not imposed an admissions tax and consideration of such
would be subject to notice and hearings. She noted that the contract is
technically for one year with 13 consecutive one year e~ensions. She detailed
the provisions of the contract. She clarified that an admissions taa~ was simply
a measure by which to gauge the payments. She advised that this agreement is
unique to and provided only to the Storm with no assignability.
Councilman Pape indicated that this was being considered now because it is
being addressed between Lakeside Entertainment and the Storm at this time.
Mayor Pro Tem Metze concurred with Mr. Pape. Councilman Schiffner
-, commented that this was a good e~lanation of the lease and it appears that
' much wark was invested on all sides to hamtner out the best possible deal. He
indicated that with regard to a tax, there was no reason for the City to impose I
one until the contract allows for the City to collect some of the money. '_
George Alongi, 649 Mill Street, indicated that the ball field is a sore in his
side; and suggested that the City got taken in when it bought in to the
concession stand. He fiirther indicated that the community has paid greatly for
the ball field in other areas and the City should be thinking about some sort of
`~- -- an increase in the tickets that the City gets directly. He suggested that the City
has suffered, and the attendance has gone down further, so the City needs to
start thinking about something else besides baseball in the Stadium. He
indicated that the debt is too great and the City will never pay it off, so he did
not feel a tax was out of line.
Chris Hyland, 15191 Wavecrest, indicated that it is time that the City stops
giving away the farm with regard to the Stadium. She indicated that she was
sure the public was aware that the Stadium did not provide money directly to
the City. She further indicated that she intends to survey and see how many
facilities charge amusement taxes and noted the costs for the project. She
commented that it is time to stop the giveaways and indicated that she
anticipates that Mr. Stickney will walk out with his team.
Councilwoman Brinley commented that Mr. Alongi was aware that the
Council worked hard on this contract with the Team. She indicated that the
~._
Council did not want to tie the hands of future councils. She noted that the
Stadium is a source of pride for the Community and noted the recognition it
has received. She indicated that it is not an albatross or a white elephant and
PAGE THIRTY-ONE - CITY COUNCIL MINUTES - MARCH 23,1999
39.A11 compaction reports, grade certifications, monument certifications (with
tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the
Engineering Division before final inspection of off-site improvements will
i be scheduled and approved.
40.If grading exceeds 50 cubic yards, grading plans shall be prepared by a
Cali£ 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.
41.Arrangements for relocation of utility company facilities (power poles,
vaults, etc.) out of the roadway or alley shall be the responsibility of the
property owner or his agent.
42.Provide street lighting, show lighting improvements on street improvement
plans, as required by the City Engineer.
43.On-site drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or conveyed to a
drainage easement.
44.A11 natural drainage traversing the site shall be conveyed through the site, or
_' shall be collected and conveyed by a method approved by the City Engineer.
45.Roofs must drain to a landscaped area.
46.Contribute $6,145 for the design and construction of one-half of a raised
landscaped median along the frontage of Dexter Avenue. Left turn access,
in and out, would be a~ailable providing there are no safety issues for the
motoring public.
33. Authorization to Allow Cit~~er/Executive Director to Accept and
Consent to Deed and/or Grants of Real Estate Interests to the Citv and/or the
Redevelopment A~ency Pursuant to Government Code Section 27281.
(F:46.1)(X:48.1)
City Manager Watenpaugh indicated that this was a housekeeping item
brought by the City Attorney autharizing the sign off on real estate documents
after City Council authorization, to allow for proper recardation.
, MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 99-17 AUTHORIZING
THE CITY MANAGER TO ACCEPT AND CONSENT TO DEEDS OR
GRANTS CONVEYING INTEREST IN OR EASEMENT UPON REAL
PROPERTY OF THE CITY.
34. Aereement to Operate b,y and Between the Citv of Lake Elsinore an ~
Mandala,~ports Entertainment, LLC. (F:68.1)
PAGE THIltTY-THI2EE - CITY COUNCIL MINUTES - MARCH 23,1999
noted the nationwide recognition it has received. She commented that with ~
TMC promoting the Stadium, it will provide a good opportunity for the City.
'' Councilman Schiffner indicated that he hears all kinds of conversation about
the problems with the Stadium, but there is a Stadium and going back to start j~
over is irrelevant. He stressed the importance of making something out of
what is in place.
Mayor Kelley indicated that there is no problem with the proposal, but she ~\/
does have a problem with the Press Enterprise article coverage. ~
City Attorney Leibold clarified that this agreement does not effect or amend
the Stadium agreement; the benefit of Lakeside as the primary tenant is
reserved for repairs and capital expenditures. She concurred that the Stadium
does not make money for the City, but the City is relieved of the annual
operating debt for the Stadium, in the amount of about $700,000 a year. She ,~
indicated that the proposed agreement mirrors certain provisions in the
Stadium lease and the team came to the City to request this clarification. She ~
requested Council approval of the agreement, in substantially the form
presented, and authorization for the Mayor to sign the final agreement, giving
staff the latitude to make technical changes. She noted that if there were
ultimately substantive changes it would go back to Council for approval.
MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE AGREEMENT IN ~~
SUBSTANTIALLY THE FORM PRESENTED AND AUTHORIZED THE
MAYOR TO SIGN.
ITEMS PULLED FROM THE CONSENT CALENDAR
5. Claim A,gainst the Citv - Geor eg Alon~'i (CL # 99-2~ .(F:52.2)
George Alongi, 649 Mill Street, apologized to the City Clerk in advance, and
noted a letter he received pertaining to his claim. He suggested that the City
Clerk was making legal opinions or decisions and indicated that he had
prepared a response for inclusion in the Minutes. He read a prepared
statement and noted that he has had no opportunity to discuss the matter with
his Legal Counsel and advisory. He quoted portions of the letter from City
Clerk Kasad and responded that the claim detailed the costs for his claim. He
indicated that the information was obvious and she had no right to alter the
scope of his claim. He further indicated that he would be resubmitting the
claim on Friday.
City Attorney Leibold clarified the process for handling of claims, and noted
that the claims are reviewed by the Claims Administrator prior to presentation
to Council. She detailed the basis for this claim, and noted that the
Councilmembers named in the claim would not be able to participate in the
action.
PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - MARCH 23,1999
MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY A
VOTE OF 3 TO 0 WITH BRINLEY AND PAPE ABSTAINING, TO REJECT
AND REFER THE CLAIM OF GEORGE ALONGI TO THE CLAIMS
ADMIl~TISTRATOR FOR HANDLING.
THE CITY COUNCIL MEETING WAS RECESSED AT 1L•12 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 11:16 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Gabrielle De Gange, 29078 Palm View, presented a statement on the equality of
women and men on behalf of the B'hai Faith Community in celebration of Women's
History Month.
Sue Fuller, P. O. Box 303, Perris, quoted B'hai scripture with regard to women's
participation and their equivalency to men. She noted that we are currently in a new
age of more predominant feminine ideals.
Joyce Scobal, 1123 Cleveland Court, invited residents to participate in a celebration
of Women's History Month on Apri12"a at 730 p.m. at Chuclcles Java Junction; and
noted the background of the speaker for that event.
Dan Ulrhy, 150 E. Lakeshore, announced that the Sheriff Posse's first annual rodeo,
was scheduled for October 2nd and 3rd; and advised that they are loolcing for
volunteers and additional posse members. He noted the participation of the posse in
the Wildomar fire.
George Alongi, 649 Mill Street, addressed the City Attorney with regard to making
money on the ball field. He indicated that the City is saving $700,000, but not
making $700,000. He indicated that with regard to the waiver of fees discussed this
evening and large trees being removed; the Council should have at least required
bonding from the applicant. He noted the fees he has been required to pay on past
permits and suggested that the Council has opened a whole new can of worms with
this approval. He stressed that individuals should decide what to invest in a piece of
property and suggested that the applicant should ha~e at least been required to bond
for the improvements.
Mariana Mohylyn, 305 W. Sumner, addressed transportation issues, particularly
buses. She noted that Councilwoman Brinley is involved in the RTA and expressed
hopes that they would start providing service on Sundays and after 5:15 in the
evening.
CITY MANAGER COMMENTS
City Manager Watenpaugh reiterated his appreciation to staff regarding the handling
of requests regarding palm trees.
PAGE THIRTY-FIVE - CITY COiTNCIL MIlV UTES - MARCH 23,1999
CITY ATTORNEY COMMENTS
City Attorney Leibold indicated that she had no comments other than the Closed
Session announcements.
CITY COUNCIL COMMENTS
Mayor Kelley commented on the following:
1) Expressed thanks to Marlene Best, noting that the City was notified of a
CALED award for the Economic Gardening program. She noted that she and
Ms. Best would be present to accept the award next week.
2) Expressed her personal thanks to Public Works Manager Payne, Assistant City
Manager Best, City Manager Watenpaugh, Community Services Director
Sapp, Police Chief Walsh and Councilman Schiffner for their efforts on the
palm tree issue.
3) Announced that the Elsinare Princess should be arriving between 4 a.m. and 6
a.m. tomorrow.
4) Announced the Children's Fair on April 3`d at the Outlet Center, beginning
with an Easter Egg Hunt at 10 a.m.
5) Noted the opening of Community Center, and advised that the recreation
programs will begin April 12th. She further noted that there would also be
suimner sports camps.
6) Noted that the Plamling Commission Application period had closed and staff
would be setting the necessary interviews.
7) Announced the career fair in Temecula at Temecula Middle School on April
10~`; and noted that interested parties could contact Assistant City Manager
Best for information.
7) Noted letter she received from Mr. Len Doughty which commends the City far
its growth, prosperity and leadership.
Councilman Schiffner commented on the following:
1) Noted his attendance at the opening of the Performing Arts Theater at
Temescal Canyon High School. He announced that the children from
Butterfield Elementary will be presenting Peter Pan in the facility soon and
encouraged everyone to see the presentation.
PAGE THIRTY-SIX - CITY COUNCIL MINUTES - MARCH 23,1999
Councilwoman Brinley commented on the following:
1) Noted that the First Assembly of God Church will have their annual Easter
program, and suggested that interested residents contact Pastor Fred Rodriguez
a the church.
2) ;Noted the arrival of the Elsinore Princess and encouraged everyone to watch
Visions and Views for a program on the Princess.
3) Requested that the presentation of the RTA Video be placed on the next
agenda.
Mayor Pro Tem Metze commented on the following:
1) Indicated that the Community Center is gorgeous, and noted that Nelson
Paving provided free slurry seal for the parking lot. He further noted that
they donated the time and materials for the work. He indicated that the
facility tumed out great, and everyone had a wonderful time.
2) Thanked staff for their work on the palm tree issue.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to subdivision (b)
of Section 55956.9): (1 case).
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government
Code Section 54956.8)
Property: 40 acres generally located north of the eatension of Malaga
Road, west of the Lake Elsinore Diamond Stadium Parking Lot
and adjacerit to the Levee.
City Negotiators: City Council/City Manager/City Attorney
Negotiating Parties: City of Lake Elsinore/Army Corps of Engineers
Under Negotiation: Price and Terms
City Attorney Leibold announced the above listed Closed Session items.
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO
CLOSED SESSION AT 11:40 P.M. FOR DISCUSSION OF THE ABOVE
LISTED ITEMS.
THE CITY COUNCIL MEETING RECONVENED AT 12:02 A.M. WITH
THE FOLLOWING ANNOUNCEMENTS:
~tlIRTY-SEVEN - CITY COUNCIL MINUTES - MARCH 23,1999
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to
subdivision (b) of Section 55956.9): (1 case).
WITH REGARD TO THIS ITEM, THERE WAS NO REPORTABLE
ACTION.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 40 acres generally located north of the
extension of Malaga Road, west of the Lake
Elsinore Diamond Stadium Parking Lot and`
adjacent to the Levee.
City Negotiators: City Council/City Manager/City Attorney
Negotiating Parties: City of Lake Elsinore/Army Corps of
Engineers
Under Negotiation: Price and Terms
WITH REGARD TO THIS ITEM THE CITY COUNCIL AUTHORIZED
THE GRANTING OF A CONSERVATION EASEMENT OVER A PORTION
OF THE CITY OWNED PROPERTY.
ADJOURNMENT
MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 12:04 P.M.
w~/fZf.~
GENIE KELLEY, M YOR
CITY OF LAKE ELSINORE
CLERK
CIT'§~ ~3~' ~AKE ELSINORE